INTRODUCED TO SENATE AS S.2525 TITLE IV -- CENTRAL INTELLIGENCE AGENCY TABLE OF CONTENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00101R000100070027-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 33
• Document Creation Date: December 12, 2016
• Document Release Date: July 18, 2002
• Sequence Number: 27
• Publication Date: February 9, 1978
• Content Type: REGULATION

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TITLE IV -- CENTRAL INTELLIGENCE AGENCY
PART k -- SHORT TITLE; PURPOSES; DEFINITIONS
Sec. 401. Short Title
Sec. 402. Statement of Purposes
Sec. 403. Definitions
PART B -- ESTABLISHMENT OF AGENCY; DIRECTOR; FUNCTIONS
Sec. 411. Establishment of Central Intelligence
Agency
Sec. 412. Director; Duties of Director
Sec. 413. Functions
PART C -- GENERAL AND SPECIAL AUTHORITIES OF THE AGENCY;
AUTHORIZATION FOR APPROPRIATIONS; GENERAL
COUNSEL; INSPECTOR GENERAL
Sec. 421. General Authorities of the Agency 9
Sec. 422. Procurement Authority 15
Sec. 423. Relationships with Other Government
Agencies 17
Sec. 424. Admission of Essential Aliens 18
Sec. 425. Authorizations for Appropriations
and Expenditures 19
Sec. 426. General Counsel; Inspector General 22
PART D -- CRIMINAL PENALTIES; RESTRICTIONS
Sec. 431. Criminal Penalties
Sec. 432. Restrictions 26
PART E -- TRAVEL AND OTHER EXPENSES; RETIRE1.9ENT SYSTEM
Sec. 441. Travel, Related Expenses, and Death
Gratuities for. Certain Agency Personnel 27
Sec. 442, Retirement System 30
PART F -- TRANSFER OF PERSONNEL, PROPERTY, AND
FUNCTIONS; STATUTES REPEALED
Sec. 451. Transfer of Personnel, Property, and
Functions
Sec. 452. Statutes Repealed
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TITLE IV -- CENTRAL INTELLIGENCE AGENCY
PART A
SHORT TITLE; PURPOSE; DEFINITIONS
SHORT TITLE
Sec. 401. This title may be cited as the "Central
Intelligence Agency Act of 1978".
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STATEMENT OF PURPOSES
Sec. 402. It is the purpose of this Act'--
to to clarify the statutory authorities, functions,
and responsibilities of the Central Intelligence Agency;
(2) to authorize the Central Intelligence Agency to
perform intelligence activities which are necessary for the
conduct of the foreign relations and the protection of the
national security of the United States;
(3) to ensure that the foreign intelligence,
counterintelligence, and counterterrorism activities of the
Central Intelligence Agency are properly and effectively
directed, regulated, coordinated, and administered; and
(4) to ensure that the Central Intelligence Agency is
accountable to the President, the Congress, and the people
of the United States, and that the foreign intelligence,
counterintelligence, and counterterrorism activities of the
Central Intelligence Agency are conducted in a manner
consistent with the Constitution and laws of the United
States and so as not to abridge any right protected by the
Constitution or laws of the United States.
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DEFINITIONS
Sec. 403. (a) Except as otherwise provided in this
section, the definitions in title I shall apply to this title.
(b) As used in this title, the term "proprietary" means a
sole proprietorship, partnership, corporation, or other business
entity owned or controlled by the Central Intelligence Agency but
whose relationship with the Central Intelligence Agency is not
publicly known.
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PART B
ESTABLISHMENT OF AGENCY; DIRECTOR;
FUNCTIONS
ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY
Sec. 411. There is established an Agency to be known as
the Central Intelligence Agency (hereinafter in this title
referred to as the "Agency"). The Agency shall be under the
direction and control of the National Security Council.
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DIRECTOR; DUTIES OF DIRECTOR
Sec. 412. (a) There shall be at the head of the Agency a
Director of the Central Intelligence Agency (hereinafter in this
title referred to as the "Director"). The Director of National
Intelligence, or, in accordance with section 117 of this Act, the
Deputy Director of National Intelligence or an Assistant Director
of National Intelligence, shall act as the Director. In the
event that the Director and the Director of National Intelligence
are not one and the same person, the Director shall be subject to
the supervision of, and responsive to intelligence plans,
objectives, and requirements established by, the Director of
National Intelligence.
(b) It shall be the duty of the Director to --
(1) ensure that the functions of the Agency are
conducted in accordance with the provisions of this Act and
with the Constitution and laws of the United States, and
that the performance of those functions does not abridge any
right protected by the Constitution or laws of the United
States;
(2) ensure that the activities of the Agency are
properly and efficiently directed, regulated, coordinated,
and administered; and
(3) perform with respect to the Agency the duties
assigned elsewhere in this Act to the head of each entity of
the Intelligence Community.
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FUNCTIONS
Sec. 413. (a) All activities, duties, and responsibilities
of the Agency shall be related to the intelligence functions set
out in this section, and shall be performed in accordance with
this Act.
(b) The Agency shall--
(1) collect foreign intelligence from publicly
available sources and from any person willing voluntarily to
provide such intelligence;
(2) when the information sought is not available
publicly or from a person willing voluntarily to provide the
information, collect foreign intelligence by clandestine
means abroad and, when integrally and exclusively related to
Agency activities outside the United States, from foreign
persons within the United States; and
(3) develop and provide support for technical and
other programs which collect national intelligence from
sources outside the United States.
(c) The Agency shall produce, analyze, and disseminate
foreign intelligence necessary to meet the needs of the
President, the National Security Council, the Congress, and other
departments and agencies, and shall provide such support as the
Director of National Intelligence requires for the production of
national intelligence estimates and similar Intelligence
Community-coordinated analyses.
(d) The Agency shall conduct special activities in support
of national foreign policy objectives.
(e) The Agency shall--
(1) conduct counterintelligence and counterterrorism
activities outside the United States;
(2) conduct such counterintelligence and
counterterrorism activities within the United States as are
integrally related to counterintelligence or
counterterrorism activities of the Agency outside the United
States; and
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(3) produce and disseminate counterintelligence and
counterterrorism studies and reports.
(f) The Agency shall act as the Director of National
Intelligence's agent in the coordination of all
counterintelligence and counterterrorism activities, and of all
clandestine collection of foreign intelligence, including
collection utilizing human sources, conducted outside the United
States by any other entity of the Intelligence Community.
(g) The Agency shall also --
(1) conduct or contract for research, development,
and procurement of technical systems and devices relating to
authorized functions;
(2) conduct services of common concern for the
Intelligence Community as directed by the Director of
National Intelligence;
(3) conduct liaison with foreign governmental
agencies in coordination with the Director of National
Intelligence;
(4) collect publicly available information which is
relevant to any authorized Agency function but which does
not constitute foreign intelligence, counterintelligence, or
counterterrorism intelligence; and
(5) provide legal, legislative, and audit services
and other administrative support to the Office of the
Director of National Intelligence.
(h) (1) All Agency activities within the United States
involving the collection of intelligence and all Agency
counterintelligence and counterterrorism activities within the
United States shall be conducted in coordination with the Federal
Bureau of Investigation and in accordance with procedures agreed
upon by the Attorney General and the Director of National
Intelligence.
(2) The Director of National Intelligence and the Attorney
General shall conduct a review, at least annually, of all Agency
activities within the United States for the purpose of ensuring
that such activities do not violate any right protected by the
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Constitution or laws of the United States, determining the
necessity for continuing such activities, and making such
recommendations in this regard as they deem appropriate to the
President, the National Security Council, and the Permanent
Select Committee on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the Senate.
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GENERAL AND SPECIAL AUTHORITIES OF THE AGENCY;
AUTHORIZATION FOR APPROPRIATIONS; GENERAL COUNSEL
AND INSPECTOR GENERAL
GENERAL AUTHORITIES OF THE AGENCY
Sec. 421. (a) In carrying out its functions under this
Act, the Agency is authorized to--
(1) transfer to and receive from other departments
and agencies for the sole purpose of carrying out functions
authorized by this title, such sums of money as may be
approved by the Director of National Intelligence and the
Director of the Office of Management and Budget, and sums so
transferred to the Agency may be expended by the Agency
without regard to any limitation on appropriations from
which transferred but only when the Director certifies in
writing that such limitation would unduly impede the
performance of a function authorized by this title and
transmits such written certification to the appropriate
committees of the Congress;
(2) exchange funds without regard to the provisions
of section 3651 of the Revised Statutes (31 U.S.C. 543);
(3) reimburse other departments and agencies for the
services of personnel assigned or loaned to the Agency;
(4) reimburse other departments and agencies for
expenses incurred when Agency personnel are assigned to such
departments and agencies for cover purposes;
(5) rent any premises within or outside the United
States necessary to carry out any function of the Agency
authorized under this title; lease buildings without regard
to the limitations prescribed in section 322 of the Act
entitled "An Act making appropriations for the Legislative
Branch of the Government for the fiscal year ending 30 June
1933, and for other purposes," approved 30 June 1932 (40
U.S.C. 278a); acquire, construct, or alter buildings and
facilities without regard to the Public Buildings Act of
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19APP(M$. Relea6012615); and repair, operate, and maintain
buildings, utilities, facilities, and appurtenances;
(6) conduct background investigations of applicants
for employment with the Agency;
(7) establish, maintain, and operate secure
communications systems in support of Agency operations and,
as a service of common concern, establish, maintain, and
operate such secure communications systems as may be
required for the use of other departments and agencies;
(8) perform inspection, audit, public affairs, legal,
and legislative services;
(9) establish, furnish, and maintain, in coordination
with the Director of National Intelligence, secure cover for
Agency officers, employees, and agents;
(10) establish and operate proprietaries to support
Agency operations;
(11) protect, in accordance with standards
established by the Director of National Intelligence under
section 114 and with any other applicable laws and Executive
orders, materials and information related to intelligence
sources and methods;
(12) perform such additional functions as are
otherwise authorized by this Act to be performed by each
entity of the Intelligence Community;
(13) conduct health-service programs as authorized by
section 7901 of title 5, United States Code;
(14) transport, in accordance with regulations
approved by the Director, 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;
(15) settle and pay claims of civilian and military
personnel, as prescribed in Agency regulations consistent
with the terms and conditions by which claims are settled
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and paid under the Military Personnel and Civilian
Employees' Claims Act of 1964 (31 U.S.C. 240-243);
(16) pay, in accordance with'regulations approved 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; and
(17) train Agency personnel and, as appropriate,
personnel of other departments and agencies.
(b) Notwithstanding the provisions of section 3678 of the
Revised Statutes (31 U.S.C. 628) or any provision of law enacted
after the effective date of this title, unless such subsequently
enacted provision expressly cites this subsection, any department
or agency may transfer to or receive from the Agency any sum of
money approved, in accordance with subsection (a)(1) of this
section, by the Director of National Intelligence and the
Director of the Office of Management and Budget for use in
carrying out any function authorized by this title.
(c) Notwithstanding any other provision of law, any
department or agency is authorized to assign or loan to the
Agency any officer or employee of such department or agency to
assist the Agency in carrying out any function of the Agency
authorized by this title. In any case in which any officer or
employee of another department or agency is assigned or loaned to
the Agency in a manner that would be prohibited except for this
subsection, the Agency shall report the details of such
assignment or loan to the appropriate committees of the Congress.
(d) (1) Any proprietary established and operated by the
Agency may be operated on a commercial basis to the extent
necessary to provide effective cover. Any funds generated by any
such proprietary in excess of the amount necessary for its normal
operational requirements shall be deposited by the Director into
miscellaneous receipts of the Treasury.
(2) Whenever any Agency proprietary whose net value
exceeds X50,000, is to be liquidated, sold, or otherwise disposed
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of, the Agency shall, as much in advance of the liquidation,
sale, or other disposition of the proprietary as practicable and
subject to such security standards as the Director and Attorney
General shall agree upon, report the circumstances of the
intended liquidation, sale, or other disposition to the Attorney
General and the Comptroller General of the United States. Any
proceeds from any liquidation, sale, or other disposition of any
Agency proprietary, in whatever amount, after all obligations of
the proprietary have been met, shall be deposited by the Director
into miscellaneous receipts of the Treasury.
(e) The authority contained in clauses (9) and (10) of
subsection (a) shall, except as otherwise provided in this Act,
be available to the Agency notwithstanding any other provision of
law and shall not be modified, limited, suspended, or superseded
by any provision of law enacted after the effective date of this
title unless such provision expressly cites the specific
provision of subsection (a) intended to be so modified, limited,
suspended, or superseded.
(f) The Agency may continue to use the seal of office used
by the Central Intelligence Agency prior to the effective date of
this title and judicial notice shall be taken of such seal.
(g) Subject to the provisions of section 152(a) of this
Act, no provision of law shall be construed to require the
Director or any other officer or employee of the United States to
disclose the organization, function, name, official title,
salary, or affiliation with the Central Intelligence Agency of
any person, employed by the Agency, or the number of persons
employed by the Agency, unless such provision specifically
requires such disclosure and expressly cites this subsection.
(h) The Director may appoint and assign security officers
to police the installations and grounds of the Agency, where such
security officers shall have the same powers as sheriffs and
constables for the protection of persons and property, to prevent
breaches of the peace, to suppress affrays or unlawful
assemblies, and to enforce any rule or regulation the Director
may promulgate for the protection of such installations and
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grounc ?provWoSRejes2
ice P86-p00o1V01R00?1f000u0027 security
officers shall not, however, extend to the service of civil
process.
(i) The Director may authorize employees of the Agency to
carry firearms within the United States for courier protection
purposes, for the protection of the Director of National
Intelligence, the Deputy Director of National Intelligence, and
any Assistant Director of National Intelligence, and, in exigent
circumstances, such officials of the Agency as the Director may
designate, and for the protection of any defector from any
foreign country or any foreign person visiting the United States
under Agency auspices.
(j) (1) The Agency may appoint, promote, and separate
such personnel or contract for such personnel services as it
deems advisable, without regard to the provisions of title 5,
United States Code, governing appointments to, promotions in, and
separations from the competitive services, and without regard to
the limitations on types of persons to be employed, and fix the
compensation of such personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of that title,
relating to classification and General Schedule pay rates, but at
rates not in excess of the rate authorized for Executive Schedule
V by section 5316 of that title;
(2) Notwithstanding any other provision of law, the
Director may terminate the employment of any officer or employee
of the Central Intelligence Agency or the security clearance of
any contractor of the Agency or any employee of any such
contractor whenever the Director considers such termination
necessary or advisable in the interests of the national security
of the United States. The Director shall periodically report to
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate on the exercise of the Director's authority under this
paragraph.
(3) Executive schedule positions within the Agency in
addition to those of Director, General Counsel, and Inspector
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General and any positions in the grades of GS-16, GS-17, and GS-
18 other than those transferred to the Agency under this Act
shall be as authorized by law.
(4) Any Agency officer or employee who has been separated
under paragraph (1) or whose employment has been terminated under
paragraph (2) may seek or accept employment in the Government if
declared eligible for such employment by the United States Civil
Service Commission; and that commission may place such officer or
employee in a position in the competitive civil service in the
same manner as an employee who is transferred between two
positions in the competitive service, but only if such Agency
officer or employee has served with the Agency for at least one
year continuously immediately preceding separation or
termination.
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PROCUREMENT AUTHORITY
Sec. 422. (a) The Agency is authorized to procure such.
property, supplies, services, equipment and facilities as may be
necessary to carry out its functions under this Act. Such
property, supplies, services, equipment and facilities may
include 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; rental of news-reporting services; purchase,
maintenance, operation, repair, and hire of passenger motor
vehicles, aircraft, and vessels of all kinds; printing and
binding services; the purchase, maintenance, and cleaning of
firearms, including purchase, storage, and maintenance of
ammunition; association and library services and dues required by
any such association; supplies, equipment and personnel and
contract services. otherwise authorized by law or regulations,
whether applicable to this Agency or not, when the Director
determines that such supplies, equipment or services are
essential to the performance of the Agency's functions.
(b) The provisions of chapter 137, relating to the
procurement of property and services, and chapter 139, relating
to the procurement of research and development services, of title
10, United States Code, shall apply to the procurement of
property and research and development services by the Agency
under this title in the same manner and to the same extent such
chapters apply to the procurement of property, services, and
research and development services by the agencies named in
section 2302(a) of chapter 137 of title 10, except that the
Director is authorized to waive the application of any or all of
the provisions of chapters 137 and 139 of title 10 when the
Director deems such action necessary to the successful
performance of any function of the Agency or to protect the
security of activities of the Agency. Any waiver exercised by
the Director under this section shall be reported to the
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Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate together with the reasons for exercising such waiver.
(c) The Agency is further authorized to procure property,
goods, or services, on the Agency's own behalf or on behalf of
any other entity of the Intelligence Community, in such a :manner
that the role of the Agency or such other entity is not apparent
or publicly acknowledged, if public knowledge that the Agency or
such other entity is the procurer of the property, goods, or
services will inhibit or interfere with the secure conduct of an
authorized intelligence function. The procurement authority
provided under this subsection may be exercised by the Agency
only in accordance with section 139 of this Act but may be
exercised notwithstanding any other provision of law and shall
not otherwise be modified, limited, suspended, or superseded by
any provision of law enacted after the effective date of this
title unless such provision expressly cites this subsection.
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RELATIONSHIPS WITH OTHER GOVERNMENT AGENCIES
Sec. 423. In addition to those activities of the Agency
which relate. to other departments and agencies and which are
authorized in other provisions of this Act, the Agency is further
authorized--
(l) to seek assistance from state and local law
enforcement agencies. in the conduct of background and
security investigations of applicants for employment with
the Agency, contractors of the Agency, and employees of
contractors of the Agency;
(2) to provide technical guidance, training, and
equipment, and, under exigent circumstances, expert
personnel to any other entity of the Intelligence Community
engaged in lawful intelligence activities;
(3) to provide technical information to assist the
Passport Office of the Department of State in carrying out
its documentation responsibilities;
(4) when extraordinary circumstances indicate that a
foreign person associated with the Agency should enter or
leave the United States under other than such person's true
identity, to notify the Immigration and Naturalization
Service of those circumstances and request a waiver of
otherwise applicable rules and procedures;
(5) when the Internal Revenue Service is auditing
the tax returns of an Agency proprietary or of an individual
operating under Agency cover, to notify the. Internal Revenue
Service of such proprietary's or individual's affiliation
with the Agency and request that the audit be so conducted
as to avoid public disclosure of that affiliation; and
(6) to maintain liaison relationships with other
departments and agencies.
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ADMISSION OF ESSENTIAL ALIENS
Sec. 424. Whenever the Director, the Attorney General, and
the Commissioner of Immigration and Naturalization determine that
the entry of a particular alien into the United States for
permanent residence is in the interest of national security or
essential to national intelligence activities, such alien and his
immediate family shall be given entry into the United States for
permanent residence without regard to their inadmissibility
under, or their failure to comply with, any immigration law of
the United States or any other law or regulation, but in no case
may the number of aliens and members of their immediate families
who enter the United States under the authority of this section
exceed one hundred in any one fiscal year.
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AUTHORIZATIONS FOR APPROPRIATIONS AND EXPENDITURES
Sec. 425. (a) Notwithstanding any other provision of law,
sums made available to the Agency by appropriation or otherwise
may be expended for purposes necessary to carry out the lawful
functions of the Agency. No funds may be expended for activities
which have not been authorized by legislation enacted during the
same or during one of the two immediately preceding fiscal years,
except that this limitation shall not apply to funds appropriated
by any continuing resolution.
(b) Whenever the Director determines such action to be
necessary in the interest of the national security, the
expenditure of funds appropriated or transferred to the Agency
shall be accounted for solely on the certificate of the Director
and every such certificate shall be deemed a sufficient voucher
for the amount certified therein, but such expenditures shall be
made only for activities authorized by law. The Director shall
report on all expenditures made under authority of this
subsection on a quarterly basis to the Committees on
Appropriation of the Senate and House of Representatives, to the
Permanent Select Committee on Intelligence of the House of
Representatives, and to the Select Committee on Intelligence of
the Senate.
(c) (1) The Director is authorized to establish and
maintain a fund to be known as the Contingency Reserve Fund
(hereinafter in this section referred to as the "Reserve Fund")
and to credit to such Reserve Fund only monies specifically
appropriated to the Central Intelligence Agency for such fund.
The Director is authorized to expend funds from the Reserve Fund
in any fiscal year for the payment of expenses incurred in
connection with any national intelligence activity,
counterintelligence activity, or counterterrorism activity if--
(A) the withdrawal of funds from the Reserve Fund and
the proposed expenditure have been previously approved by
the Office of Management and Budget;
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(B) the Committee on Appropriations of the House of
Representatives, the Committee on Appropriations of the
Senate, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate have been notified of the facts
and circumstances regarding such withdrawal and proposed
expenditure at least 72 hours in advance of the withdrawal;
except that in extraordinary circumstances the President may
authorize the withdrawal of funds from the Reserve Fund
without prior notification to the appropriate committees of
the Congress if the President notifies such committees of
the Congress within 48 hours after initiation of the
withdrawal, describes the activity for which such funds have
been or are to be expended, certifies to such committees
that prior notification would have resulted in a delay which
would have been harmful to the United States, and discloses
to such committees the reasons why the delay would have been
harmful. The foregoing shall not be construed as requiring
the approval of any committee of the Congress prior to the
initiation of any such activity; and
(C) the money from the Reserve Fund is used solely
for the purpose of meeting requirements that were not
anticipated at the time the President's budget was submitted
to the Congress for such fiscal year, the purpose for which
such money was used requires protection from unauthorized
disclosure, and the activities to be funded are authorized
by law.
(2) Monies from the Reserve Fund may be expended only for
the specific purpose for which the withdrawal was approved under
this subsection and any amount approved for expenditure but not
actually expended for the specific purpose for which approved
shall be returned to the Reserve Fund.
(3) No money may be expended and no financial obligation
incurred for the initation or major expansion of any activity to
be funded from the Reserve Fund unless such expenditure or
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financial obligation has been approved by the Director and the
Director of the Office of Management and Budget.
(4) Any activity funded from the Reserve Fund that
continues after the end of the fiscal year in which it was funded
by monies from the Reserve Fund shall be funded thereafter
through the regular budgetary process at the earliest practicable
time.
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GENERAL COUNSEL; INSPECTOR GENERAL
Sec. 426. (a) There shall be a General Counsel of the
Agency appointed by the President, by and with the advice and
consent of the Senate. The General Counsel shall serve as the
principal legal adviser to the Director and shall have the
responsibility and authority to--
(1) review all activities of the Agency and advise
the Director whether such activities are in conformity with
the Constitution and laws of the United States, executive
orders, presidential directives and memoranda, and the
rules, regulations, and policies of the Agency;
(2) review all proposed rules and regulations of the
Agency, including but not limited to any rule or regulation
proposed to implement the provisions of this Act, to insure
that any such rule or regulation is in conformity with the
Constitution and laws of the United States, executive
orders, and presidential directives and memoranda;
(3) perform the same duties with respect to the
Agency as the general counsel of each entity of the
Intelligence Community is required to perform in the case of
such entity by section 151 of this Act; and
(4) perform such additional duties as the Director
may prescribe.
(b) There shall be an Inspector General of the Agency
appointed by the Director. The Inspector General shall have the
responsibility and authority to--
(1) investigate all activities of the Agency to
determine in what respects the Agency may more effectively
perform its lawful functions and to determine the facts and
circumstances of any alleged wrongdoing;
(2) advise the Director and the General Counsel of
the Agency of his findings regarding such activities;
(3) perform such other investigations as the Director
deems necessary and appropriate consistent with the
provisions of this Act;
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(4) perform the same duties with respect to the
Agency as the inspector general of each entity of the
Intelligence Community is required to perform in the case of
such entity by section 151 of this Act; and
(5) perform such other duties as the Director may
prescribe.
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CRIMINAL PENALTIES;
RESTRICTIONS
CRIMINAL PENALTIES
Sec. 431. (a) Section 207 of title 18, United States
Code, is amended by adding at the end thereof a new subsection as
follows:
"(d) Whoever, having been an officer or employee of the
Central Intelligence Agency and within two years after his
employment with such Agency has ceased, knowingly participates in
the liquidation, sale, or other disposition of a proprietary of
the Central Intelligence Agency, either on his own behalf or as
an agent or attorney for anyone other than the United States
without a written waiver from the Director of the Central
Intelligence Agency under section 139(a) of the National
Intelligence Act of 1978, shall be fined not more than $10,000 or
imprisoned for not more than two years, or both. As used in this
subsection, the term 'proprietary' shall have the same meaning as
prescribed in section 403 of the Central Intelligence Agency Act
of 1978.".
(b) (1) Chapter 33 of title 18, United States Code, is
amended by adding at the end thereof a new section as follows:
"Section 716. Misuse of the name, initials, or seal of the
Central Intelligence Agency
"Any person who knowingly and without the express written
permission of the Director of the Central Intelligence Agency
uses the name 'Central Intelligence Agency', the initials 'CIA',
the seal of the Central Intelligence Agency, or any colorable
imitation of such name, initials, or seal in connection with any
advertisement, book, circular, pamphlet, or other publication,
play, motion picture, broadcast, telecast, or other production in
a manner reasonably calculated to convey the impression that such
use is approved, endorsed, or authorized by the Central
Intelligence Agency shall be fined not more than $20,000 or
imprisoned not more than one year, or both.".
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(2) The table of sections at the beginning of chapter 33
of such title is amended by adding at the end thereof a new item
as follows:
"716. Misuse of the name, initials, or seal of the Central
Intelligence Agency.".
(c) (1) Chapter 115 of title 18, United States Code, Ls
amended by adding at the end thereof a new section as follows:
"Section 2392. Unauthorized disclosure of identity of
secret agents
"(a) Any person who,
having learned
the course of his
official duties as an officer or employee of the United States
the true identity of any officer or employee of the Central
Intelligence Agency who is performing lawful functions for the
Central Intelligence Agency under
furnishes, or otherwise discloses
unauthorized person that identity
cover, knowingly communicates,
or makes available to any
manner which results in
such officer or employee
could reasonably have been
injury to or jeopardizes the safety of
of the Central Intelligence Agency, or
expected to result in injury to or
officer or employee of the Central
jeopardize the safety of such
Intelligence Agency, shall be
fined not more than $50,000 or imprisoned not more than five
years, or both.
11 (b)
As used in subsection (a), the term 'cover' shall have
the same meaning as prescribed
Intelligence Act of 1978.".
in section 104 of the National
(2) The table of sections
at the beginning of chapter 115
is amended by adding at the end thereof a new item as follows:
"2392. Unauthorized disclosure of identity of secret
agents.".
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RESTRICTIONS
Sec. 432. (a) The authorities, duties, and
responsibilities established in this title are subject to the
procedures, prohibitions, and restrictions contained in titles II
and III and in sections 131 through 139 of this Act.
(b) The Agency shall have no police, subpoena, or law
enforcement powers, nor perform any internal security or criminal
investigation functions except to the extent expressly authorized
by this Act.
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PART E
TRAVEL AND OTHER EXPENSES; RETIREMENT SYSTEM
TRAVEL, RELATED EXPENSES,. AND DEATH GRATUITIES
FOR CERTAIN AGENCY PERSONNEL
Sec. 441. (a) As used in this section --
(1) The term "employee" means any person employed by
the Agency, but does not include, unless otherwise
specifically indicated, any person working for the Agency
under a contract or any person who when initially employed
is a resident in or a citizen of a foreign country in which
the station at which such person is to be assigned to duty
is located.
(2) The term "foreign area" means any geographic area
outside the United States.
(3) The term "United States" means the several
states, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and the Canal Zone, but does not
include Guam and other territories and possessions of the
United States.
(b) Under such regulations as the Director of National
Intelligence may approve --
(1) with respect to employees assigned to duty
stations within the United States, the Agency may pay--
(A) travel, transportation, and subsistence
expenses comparable to those provided for in chapter
57 of title 5, United States Code, and
(B) allowances in accordance with the
provisions of chapter 59 of title 5, United States
Code; and
(2) with respect to employees assigned to duty
stations in any foreign area, the Agency may provide
allowances in accordance with the provisions of chapter 59
of title 5, United States Code, allowances and other
benefits in the same manner and under the same circumstances
such allowances and other benefits are provided employees of
the Foreign Service under title IX of the Foreign Service
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Act of 1946 (22 U.S.C. 1131-1158), and death. gratuities in
the same manner and under the same circumstances such
gratuities are provided employees of the Foreign Service
under section 14 of the Act entitled "An Act to provide
certain basic authority for the Department of State",
approved August J., 1956 (22 U.S.C. 2679a).
(c) (1) Whenever any provision of law relating to travel
and related expenses or death gratuities of employees of the
Foreign Service is enacted after the date of enactment of this
Act, is not enacted as an amendment to one of the provisions
referred to in subsection (b) (2) of this section, and the
President determines that it would be appropriate for the purpose
of maintaining conformity between provisions of law relating to
travel and related expenses and death gratuities of the Foreign
Service and provisions of law relating to travel and related
expenses and death gratuities of employees of the Agency, the
President may, by executive order, extend in whole or in part to
employees of the Agency the allowances and benefits applicable to
employees of the Foreign Service by such provision of law.
(2) Any such executive order issued pursuant to this
subsection shall have the force and effect of law and may be
given retroactive effect to a date not earlier than the effective
date of the corresponding provisions of law relating to Foreign
Service personnel. Any such order shall modify, supersede, or
render inapplicable, as the case may be, to the extent
inconsistent therewith --
(A) all provisions of law relating to travel, related
expenses, and death gratuities of employees of the Agency
enacted prior to the effective date of the provisions of
such executive order, and
(B) any provision of any prior executive order issued
under authority of this section.
(3) An executive order issued under the authority of this
subsection may not become effective until the expiration of at
least 60 days after the President submits the proposed order to
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those committees of the Senate and House of Representatives
having jurisdiction over the subject matter of the order.
(d) (1) Notwithstanding the provisions of subsections (b)
and (c), and under such regulations as the Director of National
Intelligence shall approve, the Agency may pay expenses,
benefits, and allowances equivalent to those specifically
authorized in subsections (b) and (c), in any case in which the
Director determines that, for reasons of operational necessity or
security, the means of paying expenses, benefits, and allowances
authorized in subsections (b) and (c), should not be utilized.
(2) The Director shall annually inform the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate of any
expenditures made under this subsection and the reasons therefor.
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RETIREMENT SYSTEM
Sec. 442. Employees of the Agency shall participate in the
regular Federal civil service retirement system pursuant to
subchapter III of chapter 83 of title 5, United States Code. The
Director may, however, continue to designate for participation in
the Central Intelligence Agency Retirement and Disability System,
authorized by the Central Intelligence Agency Retirement Act of
1964 for Certain Employees (78 Stat. 1043; 50 U.S.C. 403 note),
certain employees of the Agency whose duties are either (1) in
support of Agency activities abroad and are hazardous to life or
health, or (2) so specialized as to be clearly distinguishable
from normal government employment; but the number of employees of
the Agency which may retire on an annuity under such system in
any period may not exceed the limits prescribed by law.
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STATUTES REPEALED
Sec. 452. Section 102 of the National Security Act of 1947
(50 U.S.C. 403) and the Central Intelligence Agency Act. of 1949
(50 U.S.C. 403a-403j) are repealed.
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PART F
TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS;
STATUTE'S REPf;LED
TRANSFER OF 'PERSONNEL, PROPERTY, AND FUNCTIONS
Sec. 451. (a) All positions established in and personnel
erro' o: d t v the C----~ oral Intelligence Agency as in effect on tlie
~
day before the effective date of this title, and all obligations
contracts, properties, and records employed, held, or used
primarily in connection with any function to be performed by the
Agency under this title, are transferred to the Director.
(b) All orders, determinations, rules, regulations,
permits, contracts, certificates, licenses, and privileges which
have become effective in the exercise of functions transferred
under this title and which are in effect on the day before the
effectiv date of this title, shall continue in effect until
,modified, terminated, superseded, set. aside, or repealed by the
Director or other properly designated Agency official, by any
court of competent jFurisdiction, or by operation of I.C.I.W.
(c) The provisions of this title shall not affect any
proceedings pending before the Central Intelligence Agency as in
effect prior to the effective date of this title.
(d) No suit, action, or other proceeding begun by or
against any officer in his official capacity in the Central
Intelligence Agency, as in effect prior to the effective date of
this title, shall abate by reason of enactment of this title.
(e) ,with respect to any function transferred by this title
and exercised after the effective date of this title, reference
in any other Federal law to any department, agency, office, or
part thereof s:all be deemed to refer to the department, agency,
or -3 Tice in which such function is vested pursuant to this
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