COMPILATION OF INTELLIGENCE LAWS AND RELATED LAWS AND EXECUTIVE ORDERS OF INTEREST TO THE NATIONAL INTELLIGENCE COMMUNITY
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100th Congress
1st Session
COMPILATION OF INTELLIGENCE LAWS AND RE-
LATED' LAWS AND EXECUTIVE ORDERS OF INTEREST
TO THE NATIONAL INTELLIGENCE COMMUNITY
As Amended through March 1, 1987
PERMANENT SELECT COMMITTEE ON
INTELLIGENCE
HOUSE OF REPRESENTATIVES
Printed for the use of the Permanent Select Committee on Intelligence of
the House of Representatives
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100th Congress COMMITTEE PRINT
1st Session
COMPILATION OF INTELLIGENCE LAWS AND RE-
LATED LAWS. AND. EXECUTIVE ORDERS OF INTEREST
TO THE NATIONAL INTELLIGENCE COMMUNITY
As Amended through March 1, 1987
PREPARED FOR THE USE OF THE
PERMANENT :.SELECT. COMMITTEE ON
'INTELLIGENCE
HOUSE OF. REPRESENTATIVES
Printed for . the use of the Permanent Select Committee on Intelligence of
the House of Representatives
U.S. GOVERNMENT PRINTING OFFICE
70-1160 WASHINGTON : 1987
For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Office, Washington, DC 20402
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PERMANENT SELECT COMMITTEE ON INTELLIGENCE OF THE HOUSE OF
REPRESENTATIVES
LOUIS STOKES, Ohio, Chairman '
DAVE McCURDY, Oklahoma HENRY J. HYDE, Illinois
ANTHONY C. BEILENSON, California DICK CHENEY, Wyoming
ROBERT W. KASTENMEIER, Wisconsin BOB LIVINGSTON, Louisiana
DAN DANIEL, Virginia BOB McEWEN, Ohio
ROBERT A. ROE, New Jersey DAN LUNGREN, California
GEORGE E. BROWN, JR., California BUD.SHUSTER, Pennsylvania
MATTHEW F. McHUGH, New York
BERNARD J. DWYER, New Jersey
CHARLES WILSON, Texas
BARBARA B. KENNELLY, Connecticut
THOMAS S. FOLEY, Washington, ex officio member
ROBERT H. MICHEL, Illinois, ex officio member
THOMAS K. LATIMER, Staff Director
MICHAEL J. O'NEIL, Chief Counsel
THOMAS R. SMEETON, Associate Counsel
(II)
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FOREWORD
This Committee Print gathers together in one publication those
statutes which are within the jurisdiction of the House Permanent
Select.Committee on Intelligence and statutes and Executive orders
which are of interest to the Committee and the intelligence com-
munity.
Amended through March 1, 1987., and annotated to show perti-
nent- history and cross-references,- the print will be updated when
necessary to reflect. significant changes in the laws and Executive
orders which bear on intelligence activities.
LOUIS STOKES,
Chairman, Permanent Select Committee on Intelligence.
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CONTENTS
National Security Act of 1947 ....................................................................................... Page
3
Central Intelligence Agency Act of 1949 ..................................................................... 25
Central Intelligence Agency Retirement Act of 1964 for Certain Employees
(with related laws and Executive orders) ................................................................ 37
B. NATIONAL SECURITY AGENCY
National Security Agency Act of 1959 ......................................................................... 81
Title III of the Internal Security Act of 1950 ............................................................. 91
C. OTHER INTELLIGENCE STATUTES
Foreign Intelligence Surveillance Act of 1978 ............................................................ 95
Classified Information Procedures Act ........................................................................ 111
Intelligence Identities Protection Act of 1982 ............................................................ 119
Central Intelligence Agency Information Act ............................................................ 121
Chapters 81 and 83 of title 10, United States Code (Defense Intelligence
Agency Civilian Personnel) ........................................................................................ 123
D. ANNUAL INTELLIGENCE ACTIVITIES AUTHORIZATION ACTS
Intelligence Authorization Act for Fiscal Year 1987 ................................................ 129
Intelligence Authorization Act for Fiscal Year 1986 ................................................ 141
Intelligence Authorization Act for Fiscal Year 1985 ................................................ 151
Intelligence Authorization Act for Fiscal Year 1984 ................................................ 157
Intelligence Authorization Act for Fiscal Year 1983 (including the Central
Intelligence Agency Spouses' Retirement Equity Act of 1982) ............................ 165
Intelligence Authorization Act for Fiscal Year 1982 ................................................ 179
Intelligence Authorization Act for Fiscal Year 1981 ................................................ 185
Intelligence and Intelligence-Related Activities Authorization Act for Fiscal
Year 1980 ....................................................................................................................... 189
Intelligence and Intelligence-Related Activities Authorization Act for Fiscal
Year 1979 ....................................................................................................................... 193
II. SELECTED LAWS OF INTEREST TO THE NATIONAL INTELLIGENCE
COMMUNITY
A. DISCLOSURE AND PROTECTION OF INFORMATION
Section 552 of title 5, United States Code (the "Freedom of Information Act").. 197
Section 552a of title 5, United States Code (the "Privacy Act") ............................. 203
Selected sections of the Right to Financial Privacy Act of 1978 (exemption for
intelligence agencies; reporting requirement) ........................................................ 213
Section 13(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(b)) (report-
ing requirements and national security exemption) ............................................. 217
Section 2709 of title 18, United States Code ............................................................... 219
Chapter 37 of title 18, United States Code (espionage and censorship) ................. 219
Sections 3 and 4 of the Subversive Activities Control Act of 1950 (the "Scar-
beck Act") ............................................ :......................................................................... 226
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Section 952 of title 18, United States Code (diplomatic codes and correspond-
ence) ................................................................................................................................
Sections 1702 and 1703 of title 18, United States Code (tampering with the
mails) ..............................................................................................................................
Section 3623(d) of title 39, United States Code (mail classification) .......................
Section 716 of title 31, United States Code (access to agency records by
Comptroller General) ...................................................................................................
Chapter 17 of title 35, United States Code (secrecy of certain inventions)...........
Chapters 12 and 18 of the Atomic Energy Act of 1954 (protection of atomic
energy information) .....................................................................................................
Section 705 of the Communications Act of 1934 (47 U.S.C. 605) (unauthorized
publication of communications) .................................................................................
Sections 102, 103, and 104 of the Revised Statutes of the United States (2
U.S.C. 192-194) (Congressional investigations) .......................................................
Sections 6002 and 6005 of title 18, United States Code (testimonial immunity)..
Section 8(b) of the Inspector General Act of 1978 ......................................................
Page
229
229
229
230
231
235
250
253
254
255
B. CONGRESSIONAL OVERSIGHT
Title V of the National Security Act of 1947 (50 U.S.C. 413) (accountability for
intelligence activities) .................................................................................................. 257
Section 654 of the Foreign Assistance Act of 1961 (22 U.S.C. 2414) ....................... 258
Section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422) (the
"Hughes-Ryan Amendment") .................................................................................... 259
Section 112b of title 1, United States Code (United States international agree-
ments) (the "Case Act") ............................................................................................... 259
C. REGISTRATION LAWS
Section 951 of title 18, United States Code (agents of foreign governments) ....... 261
Foreign Agents Registration Act of 1938, as amended ............................................. 263
Act of August 1, 1956 (registration of certain persons trained in foreign
espionage systems) ....................................................................................................... 277
D. IMMIGRATION LAWS
Selected provisions of the Immigration and Nationality Act .................................. 281
Section 13 of Public Law 85-316 (8 U.S.C. 1255b) (adjustment of status of
certain nonimmigrants to that of permanent resident alien) ............................. 302
Section 21 of the Act of August 1, 1956 (22 U.S.C. 2691) (the "McGovern
Amendment") ................................................................................................................ 303
E. BUDGET-RELATED LAWS
Section 3524 of title 31, United States Code (unvouchered expenditures) ............ 305
Sections 109; 610, and 614 of the Foreign Assistance Act of 1961 (22 U.S.C.
2151g, 2360, and 2364) ................................................................................................. 306
Excerpts from the Foreign Military Sales Act Amendments, 1971 ........................ 307
Examples of recurring budget-related language in Department of Defense
appropriation Acts, from Public Law 99-591, the resolution making continu-
ing appropriations for fiscal year 1987 .................................................................... 308
Sections 1535 and 1536 of title 31, United States Code (the "Economy Act")...... 309
Chapter 5 of the Arms Export Control Act (Special Defense Acquisition Fund). 311
Sections 1341, 1342, 1350, and 1351 of title 31, United States Code (the "Anti-
Deficiency Act" and related provisions) ................................................................... 313
F. PROHIBITORY LAWS
Sections 620A and 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2371
and 2420) ........................................................................................................................ 315
G. MERCENARY LAWS
Sections 956 through 960 of title 18, United States Code (certain private
activities with respect to foreign countries) ............................................................ 317
H. RESTRICTIONS ON EMPLOYMENT OF OFFICERS OF THE UNITED STATES
Clause 8 of Article I, section 9, of the United States Constitution ......................... 319
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Page
Sections 207 and 219 of title 18, United States Code ................................................ 319
Sections 801 and 908 of title 37, United States Code ................................................ 323
I. PERSONNEL-RELATED LAWS
Chapter 12 of title 5, United States Code (Merit Systems Protection Board and
Special Counsel) ............................................................................................................ 325
Section 205 of the Ethics in Government Act of 1978 (5 U.S.C. App.) (Public
access to executive personnel financial disclosure reports; exemptions)........... 336
J. MISCELLANEOUS RELEVANT LAWS
National Emergencies Act (50 U.S.C. 1601-1651) ...................................................... 339
War Powers Resolution (50 U.S.C. 1541-1548) ............................................................ 343
Section 36 of the Arms Export Control Act (22 U.S.C. 2776) ................................... 347
Miscellaneous provisions from the Foreign Assistance Act of 1961 (22 U.S.C.
2301-44) .......................................................................................................................... 354
Title II of the State Department Basic Authorities Act of 1956 (as added by
the Foreign Missions Act) ........................................................................................... 370
.Section 1385 of title.18, United States Code (the "Posse Comitatus Act")............ 380
Chapter 18 of title 10, United States Code (Military Cooperation With Civilian
Law Enforcement Officials) ........................................................................................ 380
Section 1101 of Public Law 90-351 (Tenure and Senate confirmation of FBI
Director) ......................................................................................................................... 384
Section 203(b) of Public Law 98-411 (FBI undercover operations) ......................... 384
Section 1221 of the Department of Defense Authorization Act, 1986 (Poly-
graph program) ............................................................................................................. 387
National Narcotics Act (Chapter XIII of Public Law 98-473) ................................. 388
Section 1114 of title 18, United States Code (Assault on intelligence officers) .... 391
K. COUNTRY-SPECIFIC LEGISLATIVE RESTRICTIONS
Sections 106 and 107 of Public Law 99-569 (Intelligence Authorization Act for
Fiscal Year 1987) .......................................................................................................... 393
Section 9045 of Public Law 99-591 (Dept. of Defense Appropriations Act, 1987) 393
Section 722 of Public Law 99-83 (International Security Development Coop-
eration Act of 1985) ...................................................................................................... 394
Sections 211 and 322 of Public Law 99-440 (Anti-Apartheid Act of 1986) ............ 394
Section 1351 of Public Law 99-661 (National Defense Authorization Act for
Fiscal Year 1987) .......................................................................................................... 395
L. CITATIONS TO OTHER STATUTES OF INTELLIGENCE INTEREST
Personnel ............................................................................................................................ 397
Procurement ..................................................................................................................... 398
Immigration ...................................................................................................................... 398
Use of funds ...................................................................................................................... 399
Information protection .................................................................................................... 399
Other .................................................................................................................................. 399
III. EXECUTIVE ORDERS RELATING TO THE NATIONAL INTELLIGENCE
COMMUNITY
Executive Order No. 10450, Security Requirements for Government Employ-
ees .................................................................................................................................... 403
Executive Order No. 12139, Exercise of Certain Authority Respecting Elec-
tronic Surveillance ....................................................................................................... 408
Executive Order No. 12537, President's Foreign Intelligence Advisory Board.... 409
-Executive Order No. 12333, United States Intelligence Activities ......................... 410
Executive Order No. 12334, President's Intelligence Oversight Board .................. 424
Executive Order No. 12356, National Security Information .................................... 425
IV. ESTABLISHMENT OF CONGRESSIONAL INTELLIGENCE COMMITTEES
Rule XLVIII of the Rules of the House of Representatives (Permanent Select
Committee on Intelligence) ........................................................................................ 439
S. Res. 400 from the 94th Congress (establishment of Senate Select Committee
on Intelligence) ............................................................................................................. 445
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I.- INTELLIGENCE AGENCY STATUTES
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A. CENTRAL INTELLIGENCE AGENCY
ACT OF JULY 26, 1947
AN ACT To promote the national security by providing for a Secretary of Defense;
for a National Military Establishment; for a Department of the Army, a Depart-
ment of the Navy, and a Department of the Air Force; and for the coordination of
the activities of the National Military Establishment with other departments and
agencies of the Government concerned with the national security:
Be it enacted by the Senate and House of. Representatives of the
United States of America in Congress assembled,
That [50 U.S.C. 401 note] this Act may be cited as the "Nation-
al Security Act of 1947".
Sec. 2. Declaration of policy.
TITLE I-COORDINATION FOR NATIONAL SECURITY
Sec. 101. National Security Council.
Sec. 102. Central Intelligence Agency.
Sec. 102a. Appointment of Director of Intelligence Community Staff.
Sec. 103. National -Security Resources Board.
Sec..104. Annual national security strategy report.
TITLE II-THE DEPARTMENT OF DEFENSE
Sec. 201. Department of Defense.
Sec. 202. Secretary of Defense.*
Sec. 203. Military Assistants to the Secretary.*
Sec. 204. Civilian personnel.*
Sec. 205. Department of the Army.
Sec. 206. Department of the Navy.
Sec. 207. Department of the Air Force.
Sec. 208. United States Air Force.*
Sec. 209. Effective date of transfers.*
Sec. 210. War Council.*
Sec. 211. Joint Chiefs of Staff.*
Sec. 212. Joint Staff.*
Sec. 213. Munitions Board.*
Sec. 214. Research and Development Board.*
Sec. 301. Compensation of Secretaries.*
Sec. 302. Under Secretaries and Assistant Secretaries.*
Sec. 303. Advisory committees and personnel.
Sec. 304. Status of transferred civilian personnel.*
Sec. 305. Saving provisions.*
Sec. 306. Transfer of funds.*
Seca 307. Authorization for appropriations.
Sec. 308. Definitions.
*Section repealed without amending table of contents.
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4 NATIONAL SECURITY ACT
Sec. 309. Separability.
Sec. 310. Effective date.
Sec. 311. Succession to the Presidency.
Sec. 411. Repealing and saving provisions."
TITLE V-ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
Sec. 501. Congressional oversight.
Sec. 502. Funding of intelligence activities.
Sec. 503. Notice to Congress of certain transfers of defense articles and defense serv-
ices.
TITLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Sec. 601. Protection of identities of certain United States undercover intelligence of-
ficers, agents, informants, and sources.
Sec. 602. Defenses and exceptions.
Sec. 603. Report.
Sec. 604. Extraterritorial jurisdiction.
Sec. 605. Providing information to Congress.
Sec. 606. Definitions.
TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE CENTRAL
INTELLIGENCE AGENCY
Sec. 701. Exemption of certain operational files from search, review, publication, or
Sec. 702. Decennial review of exempted operational files.
"Item editorially inserted.
SEC. 2. [50 U.S.C. 401] In enacting this legislation, it is the
intent of Congress to provide a comprehensive program for the
future security of the United States; to provide for the establish-
ment 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 avia-
tion 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 orga-
nized under its own Secretary and shall function under the direc-
tion, 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 pro-
vide more effective, efficient, and economical administration in the
Department of Defense; to provide for the unified strategic direc-
tion of the combatant forces, for their operation under unified com-
mand, 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.
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CIA-RDP90-00530R00030058000 1 0 SECURITY ACT 5
TITLE I-COORDINATION FOR NATIONAL SECURITY
NATIONAL SECURITY COUNCIL
SEC. 101. [50 U.S.C. 402] (a) There is hereby established a coun-
cil to be known as the National Security Council (thereinafter in
this section referred to as the "Council").
The President of the United States shall preside over meetings of
the Council: Provided, That in his absence he may designate a
member of the Council to preside in his place.
The function of the Council shall be to advise the President with
respect to the integration of domestic, foreign, and military policies
relating to the national security so as to enable the military serv-
ices and the other departments and agencies of the Government to
cooperate more effectively in matters involving the national secu-
rity.
The Council shall be composed of 1-
(1) the President;
(2) the Vice President;
(3) the Secretary of State;
(4) the Secretary of Defense;
(5) the Director for Mutual Security;
(6) the Chairman of the National Security Resources Board;
and
(7) The Secretaries and Under Secretaries of other executive
departments and the military departments, the Chairman of
the Munitions Board, and the Chairman of the Research and
Development Board, when appointed by the President by and
with the advice and consent of the Senate, to serve at his
pleasure.
(b) In addition to performing such other functions as the Presi-
dent may direct, for the purpose of more effectively coordinating
the policies and functions of the departments and agencies of the
Government relating to the national security, it shall, subject to
the direction of the President, be the duty of the Council-
(1) to assess and appraise the objectives, commitments, and
risks of the United States in relation to our actual and poten-
tial military power, in the interest of national security, for the
purpose of making recommendations to the President in con-
nection therewith; and
(2) to consider policies on matters of common interest to the
departments and agencies of the Government concerned with
the national security, and to make recommendations to the
President in connection therewith.
(c) The Council shall have a staff to be headed by a civilian exec-
utive secretary who shall be appointed by the President, and who
shall receive compensation at the rate of $10,000 a year.2 The exec-
' The positions of Director for Mutual Security, Chairman of the National Security Resources
Board, Chairman of the Munitions Board, and Chairman of the Research and Development
Board have been abolished by various Reorganiztion Plans. The statutory members of the Na-
tional Security Council are the President, Vice President, Secretary of State, and Secretary of
Defense.
2 The specification of the salary of the head of the National Security Council staff is obsolete
and has been superseded.
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b NATIONAL SECURITY ACT
utive secretary, subject to the direction of the Council, is hereby
authorized, subject to the civil-service laws and the Classification
Act of 1923, as amended,3 to appoint and fix the compensation of
such personnel as may be necessary to perform such duties as may
be prescribed by the Council in connection with the performance of
its functions.
(d) The Council shall, from time to time, make such recommenda-
tions, and such other reports to the President as it deems appropri-
ate or as the President may require.
(e) The Chairman (or in his absence the Vice Chairman) of the
Joint Chiefs of Staff may, in his role as principal military adviser
to the National Security Council and subject to the direction of the
President, attend and participate in meetings of the National Secu-
rity Council.
(f) The President shall establish within the National Security
Council a board to be known as the "Board for Low Intensity Con-
flict". The principal function of the board shall be to coordinate the
policies of the United States for low intensity conflict.3A
CENTRAL INTELLIGENCE AGENCY
SEC. 102. [50 U.S.C. 403] (a) There is hereby established under
the National Security Council a Central Intelligence Agency with a
Director of Central Intelligence who shall be the head thereof, and
with a Deputy Director of Central Intelligence who shall act for,
and exercise the powers of, the Director during his absence or dis-
ability. The Director and the Deputy Director shall be appointed by
the President, by and with the advice and consent of the Senate,
from among the commissioned officers of the armed services,
whether in an active or retired status, or from among individuals
in civilian life: Provided, however, That at no time shall the two
positions of the Director and Deputy Director be occupied simulta-
neously by commissioned officers of the armed services, whether in
an active or retired status.
(b)(1) If a commissioned officer of the armed services is appointed
as Director, or Deputy Director, then-
(A) in the performance of his duties as Director, or Deputy
Director, he shall be subject to no supervision, control, restric-
tion, or prohibition (military or otherwise) other than would be
operative with respect to him if he were a civilian in no way
connected with the Department of the Army, the Department
of the Navy, the Department of the Air Force, or the armed
services or any component thereof; and
(B) he shall not possess or exercise any supervision, control,
powers, or functions (other than such as he possesses, or-is au-
thorized or directed to exercise, as Director, or Deputy Direc-
tor) with respect to the armed services or any component
, The Classification Act of 1923 was repealed by the Classification Act of 1949. The Classifica-
tion Act of 1949 was repealed by the law enacting title 5, United States Code (Public Law 89-
544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter 51 and subchapter 53
of title 5. Section 7(b) of that Act (80 Stat. 631) provided: "A reference to a law replaced by sec-
tions 1-6 of this Act, including a reference in a regulation, order, or other law, is deemed to
refer to the corresponding provision enacted by this Act."
P.L. 99-661, ? 1311(f), 100 Stat. 3986, added the same subsection (0 as added by P.L. 99-591,
? 9115(0, 100 Stat. 3341-125.
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NATIONAL SECURITY ACT 7
thereof, the Department of the Army, the Department of the
Navy, or the Department of the Air Force, or any branch,
bureau, unit, or division thereof, or with respect to any of the
personnel (military or civilian) of any of the foregoing.
(2) Except as provided in paragraph (1), the appointment to the
office of Director, or Deputy Director, of a commissioned officer of
the armed services, and his acceptance of and service in such office,
shall in no way affect any status, office, rank, or grade he may
occupy or hold in the armed services, or any emolument, perqui-
site, right, privilege, or benefit incident to or arising out of any
such status, office, rank, or grade. Any such commissioned officer
shall, while serving in the office of Director, or Deputy Director,
continue to hold rank and grade not lower than that in which serv-
ing at the time of his appointment and to receive the military pay
and allowance (active or retired, as the case may be, including per-
sonal money allowance) payable to a commissioned officer of his
grade and length of service for which the appropriate department
shall be reimbursed from any funds available to defray the ex-
penses of the Central Intelligence Agency. He also shall be paid by
the Central Intelligence Agency from such funds an annual com-
pensation at a rate equal to the amount by which the compensa-
tion established fkr such position exceeds the amount of his annual
military pay and allowances.
(3) The rank or grade of any such commissioned officer shall,
during the period in which such commissioned officer occupies the
office of Director of Central Intelligence, or Deputy Director of Cen-
tral Intelligence, be in addition to the numbers and percentages
otherwise authorized and appropriated for the armed service of
which he is a member.
(c) Notwithstanding the provisions of section 6 of the Act of
August 24, 1912 (37 Stat. 555),4 or the provisions of any other law,
the Director of Central Intelligence may, in his discretion, termi-
nate the employment of any officer or employee of the Agency
whenever he shall deem such termination necessary or advisable in
the interests of the United States, but such termination shall not
affect the right of such officer or employee to seek or accept em-
ployment in any other department or agency of the Government if
declared eligible for such employment by the United States Civil
Service Commission.5
(d) For the purpose of coordinating the intelligence activities of
the several Government departments and agencies in the interest
of national security, it shall be the duty of the Agency, under the
direction of the National Security Council-
(1) to advise the National Security Council in matters con-
cerning such intelligence activities of the Government depart-
ments and agencies as relate to national security;
(2) to make recommendations to the National Security Coun-
cil for the coordination of such intelligence activities of the de-
4 The cited Act of August 24, 1912, was repealed by the law enacting title 5, United States
Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378). The provisions of section 6 of that Act were
codified as section 7501 of title 5.
5 The functions of the Civil Service Commission were transferred to the Director of the Office
of Personnel Management by section 102 of Reorganization Plan No. 2 of 1978 (92 Stat. 3783; 5
U.S.C. 1101 note).
ILLEGIB
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3 NATIONAL SECURITY ACT
partments and agencies of the Government as relate to the na-
tional security;
(3) to correlate and evaluate intelligence relating to the na-
tional security, and provide for the appropriate dissemination
of such intelligence within the Government using where appro-
priate existing agencies and facilities: Provided, That the
Agency shall have no police, subpena, law-enforcement powers,
or internal-security functions: Provided further, That the de-
partments and other agencies of the Government shall contin-
ue to collect, evaluate, correlate, and disseminate departmental
intelligence: And provided further, That the Director of Cen-
tral Intelligence shall be responsible for protecting intelligence
sources and methods from unauthorized disclosure;
(4) to perform, for the benefit of the existing intelligence
agencies, such additional services of common concern as the
National Security Council determines can be more efficiently
accomplished centrally;
(5) to perform such other functions and duties related to in-
telligence affecting the national security as the National Secu-
rity Council may from time to time direct.
(e) To the extent recommended by the National Security Council
and approved by the President, such intelligence of the depart-
ments and agencies of the Government, except as hereinafter pro-
vided, relating to the national security shall be open to the inspec-
tion of the Director of Central Intelligence, and such intelligence as
relates to the national security and is possessed by such depart-
ments and other agencies of the Government, except as hereinafter
provided, shall be made available to the Director of Central Intelli-
gence for correlation, evaluation, and dissemination: Provided how-
ever, That upon the written request of the Director of Central Intel-
ligence, the Director of the Federal Bureau of Investigation shall
make available to the Director of Central Intelligence such infor-
mation for correlation, evaluation, and dissemination as may be es-
sential to the national security.
(0 Effective when the Director first appointed under subsection
(a) has taken office-
(1) the National Intelligence Authority (11 Fed. Reg. 1337,
1339, February 5, 1946) shall cease to exist; and
(2) the personnel, property, and records of the Central Intel-
ligence Group are transferred to the Central Intelligence
Agency, and such Group shall cease to exist. Any unexpended
balances of appropriations, allocations, or other funds available
or authorized to be made available for such Group shall be
available and shall be authorized to be made available in like
manner for expenditure by the Agency.
SEC. 102a. [50 U.S.C. 403-1] (1) If a commissioned officer of the
Armed Forces is appointed as Director of the Intelligence Commu-
nity Staff, such commissioned officer, while serving in such posi-
tion-
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SECURITY ACT 9
(A) shall not be subject to supervision, control, restriction, or
prohibition by the Department of Defense or any component
thereof; and
(B) shall not exercise, by reason of his status as a commis-
sioned officer, any supervision, control, powers, or functions
(other than as authorized as Director of the Intelligence Com-
munity Staff) with respect to any of the military or civilian
personnel thereof.
(2) Except as provided in subsection (1), the appointment of a
commissioned officer of the Armed Forces to the position of Direc-
tor of the Intelligence Community Staff, his acceptance of such ap-
pointment and his service in such position shall in no way affect
his status, position, rank, or grade in the Armed Forces, or any
emolument, perquisite, right, privilege, or benefit incident to or
arising out of any such status, position, rank, or grade. Any such
commissioned officer, while serving in the position of Director of
the Intelligence Community Staff, shall continue to hold a rank
and grade not lower than that in which he was serving at the time
of his appointment to such position and to receive the military pay
and -allowances (including retired or retainer pay) payable to a
commissioned officer of his grade and length of service for which
the appropriate military department shall be reimbursed from any
funds available to defray the expenses of the Intelligence Commu-
nity Staff. In addition to any pay or allowance payable under the
preceding sentence, such commissioned officer shall be paid by the
Intelligence Community Staff, from funds available to defray the
expenses of such staff, an annual compensation at a rate equal to
the excess of the rate of compensation payable for such position
over the annual rate of his military pay (including retired and re-
tainer pay) and allowances.
(3) Any commissioned officer to which subsection (1) applies,
during the period of his service as Director of the Intelligence Com-
munity Staff, shall not be counted against the numbers and per-
centages of commissioned officers of the rank and grade of such of-
ficer authorized for the Armed Force of which he is a member,
except that only one commissioned officer of the Armed Forces oc-
cupying the position of Director of Central Intelligence or Deputy
Director of Central Intelligence as provided for in section 102, or
the position of Director of the Intelligence Community Staff, under
this section, shall be exempt from such numbers and percentage at
any one time.
NATIONAL SECURITY RESOURCES BOARD 6
SEC. 103. [50 U.S.C. 404] (a) The Director of the Office of De-
fense Mobilization,' subject to the direction of the President, is au-
6 Section 103 deals with emergency preparedness. Section 50 of the Act of September 3, 1954
(68 Stat. 1244), eliminated former subsection (a), relating to the establishment of the National
Security Resources Board, and redesignated former subsections (b)-(d) as subsections (a)-(c). The
section heading was not amended accordingly.
7 The functions of the Director of the Office of Defense Mobilization under this section which
previously were transferred to the President, were delegated to the Director of the Federal
Emergency Management Agency by section 4-102 of Executive Order No. 12148 (July 20, 1979,
44 F.R. 43239, 50 U.S.C. App. 2251 note).
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10 NATIONAL SECURITY ACT
thorized, subject to the civil-service laws and the Classification Act
of 1949,8 to appoint and fix the compensation of such personnel as
may be necessary to assist the Director in carrying out his func-
tions.
(b) It shall be the function of the Director of the Office of Defense
Mobilization to advise the President concerning the coordination of
military, industrial, and civilian mobilization, including-
(1) policies concerning industrial and civilian mobilization in
order to assure the most effective mobilization and maximum
utilization of the Nation's manpower in the event of war.
(2) programs for the effective use in time of war of the Na-
tion's natural and industrial resources for military and civilian
needs, for the maintenance and stabilization of the civilian
economy in time of war, and for the adjustment of such econo-
my to war needs and conditions;
(3) policies for unifying, in time of war, the activities of Fed-
eral agencies and departments engaged in or concerned with
production, procurement, distribution, or transportation of
military or civilian supplies, materials, and products;
(4) the relationship between potential supplies of, and poten-
tial requirements for, manpower, resources, and productive fa-
cilities in time of war;
(5) policies for establishing adequate reserves of strategic and
critical material, and for the conservation of these reserves;
(6) the strategic relocation of industries, services, govern-
ment, and economic activities, the continuous operation of
which is essential to the Nation's security.
(c) In performing his functions, the Director of the Office of De-
fense Mobilization shall utilize to the maximum extent the facili-
ties and resources of the departments and agencies of the Govern-
ment.
SEC. 104. [50 U.S.C. 404a] (a)(1) The President shall transmit to
Congress each year a comprehensive report on the national securi-
ty strategy of the United States (hereinafter in this section referred
to as a "national security strategy report").
(2) The national security strategy report for any year shall be
transmitted on the date on which the President submits to Con-
gress the budget for the next fiscal year under section 1105 of title
31, United States Code.
(b) Each national security strategy report shall set forth the na-
tional security strategy of the United States and shall include a
comprehensive description and discussion of the following:
(1) The worldwide interests, goals, and objectives of the
United States that are vital to the national security of the
United States.
(2) The foreign policy, worldwide commitments, and national
defense capabilities of the United States necessary to deter ag-
8 The Classification Act of 1949 was repealed by the law enacting title 5, United States Code
(Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter 51
and subchapter 53 of that title.
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gression and to implement the national security strategy of the
United States.
(3) The proposed short-term and long-term -uses of the politi-
cal, economic, military, and other elements of the national
power of the United States to protect or promote the interests
and achieve the goals and objectives referred to in paragraph
(1).
(4) The adequacy of the capabilities of the United States to
carry out the national security strategy of the United States,
including an evaluation of the balance among the capabilities
of all elements of the national power of the United States to
support the implementation of the national security strategy.
(5) Such other information as may be necessary to help
inform Congress on matters relating to the national security
strategy of the United States.
(c) Each national security strategy report shall be transmitted in
both a classified and an unclassified form.
TITLE II-THE DEPARTMENT OF DEFENSE
SEC. 201. [Subsections (a) and (b) were repealed by section 307 of
Public Law 87-651 (Act of September 7, 1962, 76 Stat. 526). Subsec-
tion (c) consisted of an amendment to another Act.]
(d) [50 U.S.C. 408] Except to the extent inconsistent with the
provisions of this Act, the provisions of title IV of the Revised Stat-
utes 9 as now of hereafter amended shall be applicable to the De-
partment of Defense.
[Sections 202-204 were repealed by section 307 of Public Law 87-
651 (Act of September 7, 1962, 76 Stat. 526).]
DEPARTMENT OF THE ARMY
SEC. 205. [Subsections (a), (d), and (e) were repealed by the law
enacting titles 10 and 32, United States Code (Act of August 10,
1956, 70A Stat. 676)].
(b) All laws, orders, regulations, and other actions relating to the
Department of War or to any officer or activity whose title is
changed under this section shall, insofar as they are not inconsist-
ent with the provisions of this Act, be deemed to relate to the De-
partment of the Army within the Department of Defense or to such
officer or activity designated by his or its new title.
(c) [50 U.S.C. 409(a)] the term "Department of the Army" as
used in this Act shall be construed to mean the Department of the
Army at the seat of government and all field headquarters, forces,
reserve components, installations, activities, and functions under
the control or supervision of the Department of the Army.
9 Title IV of the Revised Statutes consisted of sections 158-198 of the :Revised Statutes. Sec-
tions 176 and 193 are codified as sections 492-1 and 492-2 of title 31, United States Code. The
remainder of those sections have been repealed or replaced by provisions of title 5, United
States Code, as enacted. See the "Tables" volume of the United States Code for the distribution
of specific sections.
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12 NATIONAL SECURITY ACT
SEC. 206. (a) [50 U.S.C. 409(b)] The term "Department of the
Navy" as used in this. Act shall be construed to mean the Depart-
ment of the Navy at the seat of government; the headquarters,
United States Marine Corps; the entire operating forces of the
United States Navy, including naval aviation, and of the United
States Marine Corps, including the reserve components of such
forces; all field activities, headquarters, forces, bases, installations,
activities and functions under the control or supervision of the De-
partment of the Navy; and the United States Coast Guard when
operating as a part of the Navy pursuant to law.
[Subsections (b) and (c) were repealed by the law enacting titles
10 and 32, United States Code (Act of August 10, 1956, 70A Stat.
676)].
SEC. 207. [Subsections (a), (b), (d), (e), and (f) were repealed by the
law enacting titles 10 and 32, United States Code (Act of August 10,
1956, 70A stat. 676)].
(c) [50 U.S.C. 409(c)] The term "Department of.the Air Force"
as used in this Act shall be construed to mean the Department of
the Air Force at the seat of government and all field headquarters,
forces, reserve components, installations, activities, and functions
under the control or supervision of the Department of the Air
Force.
[Section 208 (less subsection (c)) was repealed by the law enacting
titles 10 and 32, United States Code (Act of August 10, 1956, 70A
Stat. 676). Section 208(c) was repealed by the law enacting title 5,
United States Code (Public Law 89-544, September 6, 1966, 80 Stat.
654).]
[Sections 209-214 were repealed by the law enacting titles 10 and
32, United States Code (Act of August 10, 1956, 70A Stat. 676).]
TITLE III-MISCELLANEOUS
[Section 301 was repealed by the law enacting title 5, United
States Code (Public Law 89-544, September 6, 1966, 80 Stat. 654).]
[Section 302 was repealed by the law enacting titles 10 and 32,
United States Code (Act of August 10, 1956, 70A Stat. 676).]
ADVISORY COMMITTEES AND PERSONNEL
SEC. 303. [50 U.S.C. 405] (a) The Director of the Office of De-
fense Mobilization, the Director of Central Intelligence, and the
National Security Council, acting through its Executive Secretary,
are authorized to appoint such advisory committees and to employ,
consistent with other provisions of this Act, such part-time adviso-
ry personnel as they may deem necessary in carrying out their re-
spective functions and the functions of agencies under their con-
trol. Persons holding other offices or positions under the United
States for which they receive compensation, while serving as mem-
bers of such committees, shall receive no additional compensation
for such service. Other members of such committees and other
part-time advisory personnel so employed may serve without com-
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pensation or may receive compensation at a daily rate not to
exceed the daily equivalent of the rate of pay in effect for grade
GS-18 of the General Schedule established by section 5332 of title
5, United States Code, as determined by the appointing authority.
(b) Service of an individual as a member of any such advisory
committee, or in any other part-time capacity for a department or
agency hereunder, shall not be considered as service bringing such
individual within the provisions of section 203, 205, or 207, of title
18, United States Code, unless the act of such individual, which by
such section is made unlawful when performed by an individual re-
ferred to in such section, is with respect to any particular matter
which directly involves a department or agency which such person
is advising or in which such department or agency is directly inter-
ested.
[Sections 304-306 were repealed by the law enacting title 5,
United States Code (Public Law 89-544, September 6, 1966, 80 Stat.
654).]
AUTHORIZATION FOR APPROPRIATIONS
SEC. 307. [50 U.S.C. 411] There are hereby authorized to be ap-
propriated such sums as may be necessary and appropriate to carry
out the provisions and purposes of this Act.
DEFINITIONS
SEC. 308. [50 U.S.C. 410] (a)10 As used in this Act, the term
"function" includes functions, powers, and duties.
(b) As used in this Act, the term, "Department of Defense" shall
be deemed to include the military departments of the Army, the
Navy, and the Air Force, and all agencies created under title II of
this Act.
SEPARABILITY
SEC. 309. [50 U.S.C. 401 note] If any provision of this Act or the
application thereof to any person or circumstances is held invalid,
the validity of the remainder of the Act and of the application of
such provision to other persons and circumstances shall not be af-
fected thereby.
SEC. 310. [50 U.S.C. 401 note] (a) The first sentence of section
202 (a) and sections 1, 2, 307, 308, 309, and 310 shall take effect im-
mediately upon the enactment of this Act.
(b) Except as provided in subsection (a), the provisions of this Act
shall take effect on whichever of the following days is the earlier:
The day after the day upon which the Secretary of Defense first
appointed takes office, or the sixtieth day after the date of the en-
actment of this Act.
'0 Section 307 of Public Law 87-651 (Act of September 7, 1962, 76 Stat. 526) repealed section
308(a) less its applicability to sections 2, 101-103, and 303.
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14 NATIONAL SECURITY ACT
SUCCESSION TO THE PRESIDENCY
SEC. 311. [Section 311 consisted of an amendment to the Act en-
titled "An Act to provide for the performance of the duties of the
office of President in case of the. removal, resignation, death, or in-
ability both of the President and Vice President".]
[Title IV less.section 411 was repealed by section 307 of Public
Law 87-651 (Act of September 7, 1962, 76 Stat. 526).]
SEC. 411. [50 U.S.C. 412] All laws, orders, and regulations incon-
sistent with the provisions of this title are repealed insofar as they
are inconsistent with the powers, duties, and responsibilities en-
acted hereby: Provided, That the powers, duties, and responsibil-
ities of the Secretary of Defense under this title shall be adminis-
tered in conformance with, the policy and requirements for admin-
istration of budgetary and fiscal matters in the Government gener-
ally, including accounting and financial reporting, and that noth-
ing in this title shall be construed as eliminating or modifying the
powers, duties, and responsibilities of any other department,
agency, or officer of the Government in connection with such mat-
ters, but no such department, agency, or officer shall exercise any
such powers, duties, or responsibilities in a manner that will
render ineffective the provisions of this title.
TITLE V-ACCOUNTABILITY FOR INTELLIGENCE
ACTIVITIES 11
SEC. 501. [50 U.S.C. 413] (a) To the extent consistent with all
applicable authorities and duties, including those conferred by the
Constitution upon the executive and legislative branches of the
Government, and to the extent consistent with due regard for the
protection from unauthorized disclosure of classified information
and information relating to intelligence sources and methods, the
Director of Central Intelligence and the heads of all departments,
agencies, and other entities of the United States involved in intelli-
gence activities shall-
(1) keep the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives (hereinafter in this section referred
to as the "intelligence committees") fully and currently in-
formed of all intelligence activities which are the responsibility
of, are engaged in by, or are carried out for or on behalf of, any
department, agency, or entity of the United States, including
any significant anticipated intelligence activity, except that (A)
the foregoing provision shall not require approval of the intelli-
gence committees as a condition precedent to the initiation of
any such anticipated intelligence activity, and (B) if the Presi-
i i This title is also set out post at page 257 along with other materials relating to congressional
oversight of intelligence activities.
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dent determines it is essential to limit prior notice to meet ex-
traordinary circumstances affecting vital interests of the
United States, such notice shall be limited to the chairman
and ranking minority members of the intelligence committees,
the Speaker and minority leader of the House of Representa-
tives, and the majority and minority leaders of the Senate;
(2) furnish any information or material concerning intelli-
gence activities which is in the possession, custody, or control
of any department, agency, or entity of the United States and
which is requested by either of the intelligence committees in
order to carry out its authorized responsibilities; and
(3) report in a timely fashion to the intelligence committees
any illegal intelligence activity or significant intelligence fail-
ure and any corrective action that has been taken or is
planned to be taken in connection with such illegal activity or
failure.
(b) The President shall fully inform the intelligence committees
in a timely fashion of in operations in foreign countries,
other than activities intended solely for obtaining necessary intelli-
gence, for which prior notice was not given under subsection (a)
and shall provide a statement of the reasons for not giving prior
notice.
(c) The President and the intelligence committees shall each es-
tablish such procedures as may be necessary to carry out the provi-
sions of subsections (a) and (b).
(d) the 12 House of Representatives and the Senate, in consulta-
tion with the Director of Central Intelligence, shall each establish,
by rule or resolution of such House, procedures to protect from un-
authorized disclosure all classified information and all information
relating to intelligence sources and methods furnished to the intel-
ligence committees or to Members of the Congress under this sec-
tion. In accordance with such procedures, each of the intelligence
committees shall promptly call to the attention of its respective
House, or to any appropriate committee or committees of its re-
spective' House, any matter relating to intelligence activities re-
quiring the attention of such House or such committee or commit-
tees.
(e) Nothing in this Act shall be construed as authority to with-
hold information from the intelligence committees on the grounds
that providing the information to the intelligence committees
would constitute the unauthorized disclosure of classified informa-
tion or information relating to intelligence sources and methods.
FUNDING OF INTELLIGENCE ACTIVITIES
SEC. 502. [50 U.S.C. 414] (a) Appropriated funds available to an
intelligence agency may be obligated or expended for an intelli-
gence or intelligence-related activity only if-
(1) those funds were specifically authorized by the Congress
for use for such activities; or
(2) in the case of funds from the Reserve for Contingencies of
the Central Intelligence Agency and consistent with the provi-
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16 NATIONAL SECURITY ACT
sions of section 501 of this. Act concerning any significant an-
ticipated intelligence activity, the Director of Central Intelli-
gence has notified. the appropriate congressional committees of
the intent to make such funds available for such activity; or
(3) in the case of funds specifically authorized by the Con-
gress for a different activity-
(A) the activity to be. funded is a higher priority intelli-
gence or intelligence-related activity;
(B) the need for funds for such activity is based on unfor-
seen requirements; and
(C) the Director of Central Intelligence, the Secretary of
Defense, or the Attorney General, as appropriate, has noti-
fied the appropriate congressional committees of the intent
to make such funds available for such activity;
(4) nothing in this subsection prohibits obligation or expendi-
ture of funds available to an intelligence agency in accordance
with sections 1535 and 1536 of title 31, United States Code.
(b) Funds available to an intelligence agency may not be made
available for any intelligence or intelligence-related activity for
which funds were denied by the Congress.
(c) As used in this section-
(1) the term "intelligence agency" means any department,
agency, or, other entity of the United States involved in intelli-
gence or intelligence-related activities;
(2) the term "appropriate congressional committees" means
the Permanent Select Committee on Intelligence and the Com-
mittee on Appropriations of the House of Representatives and
.the Select Committee on Intelligence and the Committee on
Appropriations of the Senate; and
(3) the term "specifically authorized by the Congress" means
that-
(A) the activity. and the amount of funds proposed to be
used for that activity were identified in a formal budget
request to the Congress, but funds shall be deemed to be
specifically authorized for that activity only to the extent
that the Congress both authorized the funds to be appro-
priated for that activity and appropriated the funds for
that activity; or
(B) although the funds were not formally requested, the
Congress both specifically authorized the appropriation of
the funds for the activity and appropriated the funds for
the activity.
NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES
AND DEFENSE SERVICES
SEC. 503., [50 U.S.C. 415] (a)(1) The transfer of a defense article
or defense service exceeding $1,000,000 in value by an intelligence
agency to a recipient outside that agency shall be considered a sig-
nificant anticipated intelligence activity for the purpose of section
501 of this Act.
(2) Paragraph (1) does not apply if-
(A) the transfer is being made to a department, agency, or
other entity of the United States (so long as there will not be a
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1.n11V1.?L SECURITY ACT 17
subsequent retransfer of the defense articles or defense serv-
ices outside the United States Government in conjunction with
an intelligence or intelligence-related activity); or
(B) the transfer-
(i) is being made pursuant to authorities contained in
part II of the Foreign Assistance Act of 1961, the Arms
Export Control Act, title 10 of the United States Code (in-
cluding a law enacted pursuant to section 7307(b)(1) of that
title), or the Federal Property and Administrative Services
Act of 1949, and
(ii) is not being made in conjunction with an intelligence
or intelligence-related activity.
(3) An intelligence agency may not transfer any defense articles
or defense services outside the agency in conjunction with any in-
telligence or intelligence-related activity for which funds were
denied by the Congress.
(b) As used in this section-
(1) the term "intelligence agency" means any department,
agency, or other entity of the United States involved in intelli-
gence or intelligence-related activities;
(2) the terms "defense articles" and "defense services" mean
the items on the United States Munitions List pursuant to sec-
tion 38 of the Arms Export Control Act (22 CFR part 121);
(3) the term "transfer" means-
(A) in the case of defense articles, the transfer of posses-
sion of those articles; and
(B) in the case of defense services, the provision of those
services; and
(4) the term "value" means-
(A) in the case of defense articles, the greater of-
(i) the original acquisition cost to the United States
Government, plus the cost of improvements or other
modifications made by or on behalf of the Govern-
ment; or
(ii) the replacement cost; and
(B) in the case of defense services, the full cost to the
Government of providing the services.
TITLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY
INFORMATION 13
PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES
SEC. 601. [50 U.S.C. 421] (a) Whoever, having or having had au-
thorized access to classified information that identifies a covert
agent, intentionally discloses any information identifying such
covert agent to any individual not authorized to receive classified
information, knowing that the information disclosed so identifies
such covert agent and that the United States is taking affirmative
measures to conceal such covert agent's intelligence relationship to
's Title VI was added by the Intelligence Identities Protection Act of 1982 (Public Law 97-
200).
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the United States, shall be fined not more than $50,000 or impris-
oned not more than ten years, or both.
(b) Whoever, as a result of having authorized access to classified
information, learns the identity of a covert agent and intentionally
discloses any information identifying such covert agent to any indi-
vidual not authorized to receive classified information, knowing
that the information disclosed so identifies such covert agent and
that the United States is taking affirmative measures to conceal
such covert agent's intelligence relationship to the United States,
shall be fined not more than $25,000 or imprisoned not more than
five years, or both.
(c) Whoever, in the course of a pattern of activities intended to
identify and expose covert agents and with reason to believe that
such activities would impair or impede the foreign intelligence ac-
tivities of the United States, discloses any information that identi-
fies an individual as a covert agent to any individual not author-
ized to receive classified information, knowing that the information
disclosed so identifies such individual and that the United States is
taking affirmative measures to conceal such individual's classified
intelligence relationship to the United States, shall be fined not
more than $15,000 or. imprisoned not more than three years, or
both.
.SEC. 602. [50 U.S.C. 422] (a) It is a defense to a prosecution
under section 601 that before the commission of the offense with
which the defendant is charged, the United States had publicly ac-
knowledged or revealed the intelligence relationship to the United
States of the individual the disclosure of whose intelligence rela-
tionship to the United States is the basis for the prosecution.
(b)(1) Subject to paragraph (2), no person other than a person
committing an offense under section 601 shall be subject to pros-
ecution under such section by virtue of section 2 or 4 of title 18,
United States Code, or shall be subject to prosecution for conspira-
cy to commit an offense under such section.
(2) Paragraph (1) shall not apply (A) in the case of a person who
acted in the course of a pattern of activities intended to identify
and expose covert agents and with reason to believe that such ac-
tivities would impair or impede the foreign intelligence activities of
the United States, or (B) in the case of a person who has authorized
access to classified information.
(c) It shall not be an offense under section 601 to transmit infor-
mation described in such section directly to the Select Committee
on Intelligence of the Senate or to the Permanent Select Commit-
tee on Intelligence of the House of Representatives.
(d) It shall not be an offense under section 601 for an individual
to disclose information that solely identifies himself as a covert
agent.
SEC. 603. [50 U.S.C. 423] (a) The President, after receiving infor-
mation from the Director of Central Intelligence, shall submit to
the Select Committee on Intelligence of the Senate and the Perma-
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nent Select Committee on Intelligence of the House of Representa-
tives an annual report on measures to protect the identities of
covert agents, and on any other matter relevant to the protection
of the identities of covert agents.
(b) The report described in subsection (a) shall be exempt from
any requirement for publication or disclosure. The first such report
shall be submitted no later than February 1, 1983.
SEC. 604. [50 U.S.C. 424] There is jurisdiction over an offense
under section 601 committed outside the United States if the indi-
vidual committing the offense is a citizen of the United States or
an alien lawfully admitted to the United States for permanent resi-
dence (as defined in section 101(a)(20) of the Immigration and Na-
tionality Act).
SEC. 605. [50 U.S.C. 425] Nothing in this title may be construed
as authority to withhold information from the Congress or from a
committee of either House of Congress.
SEC. 606. [50 U.S.C. 426] For the purposes of this title:
(1) The term "classified information" means information or
material designated and clearly marked or clearly represented,
pursuant to the provisions of a statute or Executive order (or a
regulation or order issued pursuant to a statute or Executive
order), as requiring a specific degree of protection against un-
authorized disclosure for reasons of national security.
(2) The term "authorized", when used with respect to access
to classified information, means having authority, right, or per-
mission pursuant to the provisions of a statute, Executive
order, directive of the head of any department or agency en-
gaged in foreign intelligence or counterintelligence activities,
order of any United States court, or provisions of any Rule of
the House of Representatives or resolution of the Senate which
assigns responsibility within the respective House of Congress
for the oversight of intelligence activities.
(3) The term "disclose" means to communicate, provide,
impart, transmit, transfer, convey, publish, or otherwise make
available.
(4) The term "covert agent" means-
(A) an officer or employee of an intelligence agency or a
member of the Armed Forces assigned to duty with an in-
telligence agency-
(i) whose identity as such an officer, employee, or
member is classified information, and
(ii) who is serving outside the United States or has
within the last five years served outside the United
States; or
(B) a United States citizen whose intelligence relation-
ship to the United States is classified information, and-
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LV IYA I WIYHL SECURITY ACT
(i) who resides and acts outside the United States as
an .agent of, or informant or source of operational as-
sistance to, an intelligence agency, or
(ii) who is at the time of the disclosure acting as an
agent of, or informant to, the foreign counterintelli-
gence or foreign counterterrorism components of the
Federal Bureau of Investigation; or
(C) an individual, other than a United States citizen,
whose past or present intelligence relationship to the
United States is classified information and who is a
present or former agent of, or a present or former inform-
ant or source of operational assistance to, an intelligence
agency.
(5) The term "intelligence agency" means the Central Intelli-
gence Agency, a foreign intelligence component of the Depart-
ment of Defense, or the foreign counterintelligence or foreign
counterterrorism components of the Federal Bureau of Investi-
gation.
(6) The term "informant" means any individual who fur-
nishes information to an intelligence agency in the course of a
confidential relationship protecting the identity of such indi-
vidual from public disclosure.
(7) The terms "officer" and "employee" have the meanings
given such terms by section 2104 and 2105, respectively, of title
5, United States Code.
(8) The term "Armed Forces" means the Army, Navy, Air
Force, Marine Corps, and Coast Guard.
(9) The term "United States", when used in a geographic
sense, means all areas under the territorial sovereignty of the
United States and the Trust Territory of the Pacific Islands.
(10) The term "pattern of activities" requires a series of acts
with a common purpose or objective.
TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE
CENTRAL" INTELLIGENCE AGENCY
EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH,' REVIEW,
PUBLICATION, OR DISCLOSURE
SEC. 701. [50 U.S.C. 431] (a) Operational files of the Central In-
telligence Agency may be exempted by the Director of Central In-
telligence from the provisions of section 552 of title 5, United
States Code (Freedom of Information Act), which require publica-
tion or disclosure, or search or review in connection therewith.
(b) For the purposes of this title the term "operational files"
means-
(1) files of the Directorate of Operations which document the
conduct of foreign intelligence or counterintelligence oper-
ations or intelligence or security liaison arrangements or infor-
mation exchanges with foreign governments or their intelli-
gence or security services;
(2) files of the Directorate for Science and Technology which
document the means by which foreign intelligence or counter-
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M SECURITY ACT 21
intelligence is collected through scientific and. technical sys-
tems; and
(3) files of the Office of Security which document investiga-
tions conducted to determine the suitability of potential for-
eign intelligence or. counterintelligence sources;
except that files which are the sole repository of disseminated in-
telligence are not operational files.
(c) Notwithstanding subsection (a) of this section, exempted oper-
ational files shall continue to be subject to search and review for
information concerning-
(1) United States citizens or aliens lawfully admitted for per-
manent residence who have requested information on them-
selves pursuant to the provisions of section 552 of title 5,
United States Code (Freedom of Information Act), or section
552a of title 5, United States Code (Privacy Act of 1974);
(2) any special activity the existence of which is not ,exempt
from disclosure under the provisions of section 552 of title 5,
United States Code (Freedom of Information Act); or
(3) the specific subject matter of an investigation by the in-
telligence committees of the Congress, the Intelligence Over-
sight Board, the Department of Justice, the Office of General
Counsel of the Central Intelligence Agency, the Office of In-
spector General of the Central Intelligence Agency; or the
Office of the Director of Central Intelligence for any impropri-
ety, or violation of law, Executive order, or Presidential direc-
tive, in the conduct of an intelligence activity.
(d)(1) Files that are not exempted under subsection (a) of this sec-
tion which contain information derived or. disseminated from ex-
empted operational files shall be subject to search and review.
(2)- The inclusion of information from exempted operational files
in files that are not exempted. under subsection (a) of this section
shall not affect the exemption under subsection (a) of this section of
the originating operational files from search, review, publication,
or disclosure.
(3) Records from exempted operational files which have been dis-
seminated to and referenced in files that are not exempted under
subsection (a) of this section and which have been returned to ex-
empted operational files , for sole retention- shall be subject to
search and review.
(e) The provisions of subsection (a) of,this section shall not be su-
perseded except by a. provision of law which is enacted after the
date' of enactment of subsection (a), and which specifically cites and
repeals or modifies its provisions.
(f) Whenever any person who has requested .agency records under
section 552 of title 5, United States Code (Freedom of Information
Act), alleges that the Central Intelligence Agency has improperly
withheld records because of failure to comply with any provision of
this section, judicial review shall be available under the terms set
forth in section 552(a)(4)(B) of title -5, United States Code, except
that-
(1) in any case in which information specifically authorized
under criteria established by an Executive order to be kept
secret in the interest of national defense or foreign relations
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ZZ NATIONAL SECURITY ACT
which 14 is. filed with, or produced for,. the court by the Central
Intelligence Agency, such information shall be examined ex
parte, in camera by the court;
.(2) the court shall, to the fullest extent practicable, deter-
mine issues of fact based on sworn written submissions of the
parties;
(3) when a complainant alleges that requested records are
improperly withheld because of improper placement solely in
exempted operational files; the complainant shall support such
allegation with a sworn written submission, based upon per-
sonal knowledge or otherwise admissible evidence;
(4)(A) when a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Central Intelligence Agency shall meet its
burden under section 552(a)(4)(B) of title 5, United States Code,
by demonstrating to the court by sworn written submission
that exempted operational files likely to contain responsive
records currently perform the functions set forth in subsection
(b) of this section; and
(B) the court may not order the Central Intelligence Agency
to review the content of any exempted operational file or files
in order to make the demonstration required under subpara-
graph (A) of this paragraph, unless the complainant disputes
the Central Intelligence Agency's showing with a sworn writ-
ten submission based on personal knowledge or otherwise ad-
missible evidence;
(5) in proceedings under paragraphs (3) and (4) of this subsec-
tion, the parties shall not obtain discovery pursuant to rules 26
through. 36 of the Federal Rules of Civil Procedure, except that
requests for admission may be made pursuant to rules 26 and
36;
(6) if the court finds under this subsection that the Central
Intelligence. Agency has improperly withheld requested records
because of failure to comply with any provision of this section,
the court shall order the Central Intelligence Agency to search
and review the appropriate exempted operational file or files
.for the requested records and make such records, or portions
thereof, available in accordance with the provisions of section
552 of title 5, United States Code (Freedom of Information Act),
and such order shall be the exclusive remedy for failure to
comply with this section; and
(7) if at any time following the filing of a complaint pursuant
to this subsection the Central Intelligence Agency agrees to
search the appropriate exempted operational file or files for
the requested records, the court shall dismiss the claim based
upon such complaint.
DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES
SEC. 702. [50 U.S.C. 432] (a) Not less than once every ten years,
the Director of Central Intelligence shall review the exemptions in
force under subsection (a) of section 701 of this Act to determine
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whether such exemptions may be removed from any category of ex-
empted files or any portion thereof.
(b) The review required by subsection (a) of this section shall in-
clude consideration of the historical -value or other public interest
in the subject matter of the particular category of files or portions
thereof and the potential for declassifying a significant part of the
information contained therein.
(c) A complainant who alleges that the Central Intelligence
Agency has improperly withheld records because of failure to
comply with this section may seek judicial review in the district
court of the United States of the district in which any of the par-
ties reside, or in the District of Columbia. In such a proceeding, the
court's review shall be limited to determining (1) whether the Cen-
tral Intelligence Agency has conducted the review required by sub-
section (a) of this section within ten years of enactment of this title
or within ten years after the last review, and (2) whether the Cen-
tral Intelligence Agency, in fact, considered the criteria set forth in
subsection (b) of this section in conducting the required review.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
ACT OF JUNE 20, 1949
AN ACT To provide for the administration of the Central Intelligence Agency, es-
tablished pursuant to section 102, National Security Act of 1947, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DEFINITIONS
SECTION 1. [50 U.S.C. 403a] That when used in this Act, the
term-
(a) "Agency" means the Central Intelligence Agency;
(b) "Director" means the Director of Central Intelligence;
(c) "Government agency" means any executive department, com-
mission, council, independent establishment, corporation wholly or
partly owned by the United States which is an instrumentality of
the United States, board, bureau, division, service, office, officer,
authority, administration, or other establishment, in the executive
branch of the Government.
SEAL OF OFFICE
SEC. 2. [50 U.S.C. 403b] The Director of Central Intelligence
shall cause a seal of office to be made for the Central Intelligence
Agency, of such design as the President shall approve, and judicial
notice shall be taken thereof.
PROCUREMENT AUTHORITIES
SEC. 3. [50 U.S.C. 403c] (a) In the performance of its functions
the Central Intelligence Agency is authorized to exercise the au-
thorities contained in sections 2(c) (1), (2), (3), (4), (5), (6), (10), (12),
(15), (17), and sections 3, 4, 5, 6, and 10 of the Armed Services Pro-
curement Act of 19471 (Public Law 413, Eightieth Congress, second
session).
(b) In the exercise of the authorities granted in subsection (a) of
this section, the term "Agency head" shall mean the Director, the
Deputy Director, or the Executive of the Agency.
(c) The determinations and decisions provided in subsection (a) of
this section to be made by the Agency head may be made with re-
spect to individual purchases and contracts or with respect to class-
' The Armed Services Procurement Act of 1947 was repealed by the law enacting titles 10 and
32, United States Code (Act of August 10, 1956, 70A Stat. 1). The cited sections were replaced by
sections 2304(a) (1)-(6), (10), (12), (15), and (17), 2305 (a)-(c). 2306, 2307, 2308, 2309, 2312, and 2313
.of title 10. Section 49(b) of that. Act provided: "References that other laws, regulations, and
orders make to the replaced law shall be considered to be made to the corresponding provisions
of [the sections enacting titles 10 and 32]."
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CIA-RDP90-0053OR000300580001-0 ACT OF 1949
es of purchases or contracts, and shall be final. Except as provided
in subsection (d) of this section, the Agency head is authorized to
delegate his powers provided in this section, including the making
of such determinations and decisions, in his discretion and subject
to his direction, to any other officer or officers or officials of the
Agency.
(d) The power of the Agency head to make the determinations or
decisions specified in paragraphs (12) and (15) of section 2(c) and
section 5(a) of the Armed Services Procurement Act of 1947 2 shall
not be delegable. Each determination or decision required by para-
graphs (12) and (15) of section 2(c), by section 4 or by section 5(a) of
the Armed Services Procurement Act of 1947, 3 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) Notwithstanding subsection (e) of section 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 759(e)),
the provisions of section 111 of such Act relating to the procure-
ment of automatic data processing equipment or services shall not
apply with respect to such procurement by the Central Intelligence
Agency.3a
[Original section 4 (50 U.S.C. 403d) was repealed by section
21(b)(2) of Public Law 85-507 (72 Stat. 337, July 7, 1958).]
TRAVEL, ALLOWANCES, AND RELATED EXPENSES
SEC. 4. [50 U.S.C. 403e] (a) Under such regulations as the Direc-
tor may prescribe, the Agency, with respect to its officers and em-
ployees assigned to duty stations outside the several States of the
United States of America, excluding Alaska and Hawaii, but in-
cluding the District of Columbia, shall-
(1)(A) pay the travel expenses of officers and employees of
the Agency, including expenses incurred while traveling pursu-
ant to authorized home leave;
(B) pay the travel expenses of members of the family of an
officer or employee of the Agency when proceeding to or re-
turning from his post ' of duty; accompanying him on author-
ized home leave; or otherwise traveling in accordance with au-
thority granted pursuant to the terms of this or any other Act;
(C) pay the cost of transporting the furniture and household
and personal effects of an officer or employee of the Agency to
his successive posts of duty and, on the termination of his serv-
ices, to his residence at time of appointment or to a point not
more distant, or, upon retirement, to the place where he will
reside;
(D) pay the cost of packing and unpacking, transporting to
and from a place of storage, and storing the furniture and
2 See footnote 1. The cited provisions were replaced by paragraphs (12) and (15) of section
2304(a) and section 2307(a) of title 10.
3 See footnote 1. The cited provisions were replaced by paragraphs (12) and (15) of section
2304(a), section 2306 and 2313, and section 2307(a) of title 10.
38 Public Law 97-269 provided that subsection (e) of section 3 of the Central Intelligence
Agency Act of 1949 does not apply to a contract made before September 27, 1982.
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AGENCY ACT OF 1949 27
household and personal effects of an officer or employee of the
Agency, when he is absent from his post of assignment under
orders, or when he is assigned to a post to which he cannot
take or at which he is unable to use such furniture and house-
hold and personal effects, or when it is in the public interest or
more economical to authorize storage; but in no instance shall
the weight or volume of the effects stored together with the
weight or volume of the effects transported exceed the maxi-
mum limitations fixed by regulations, when not otherwise
fixed by law;
(E) pay the cost of packing and unpacking, transporting to
and from a place of storage, and storing the furniture and
household and personal effects of an officer or employee of the
Agency in connection with assignment or transfer to a new
post, from the date of his departure from his last post or from
the date of his departure from his place of residence in the
case of a new officer or employee and for not to exceed three
months after arrival at the new post, or until the establish-
ment of residence quarters, whichever shall be shorter; and in
connection with separation of an officer or employee of the
Agency, the cost of packing -and unpacking, transporting to
and from a place of storage, and storing for a period not to
exceed three months, his furniture and household and personal
effects; but in no instance shall the weight or volume of the
effects stored together with the weight or volume of the effects
transported exceed the maximum limitations fixed by regula-
tions, when not otherwise fixed by law.
(F) pay the travel expenses and transportation costs incident
to the removal of the members of the family of an -officer or
employee of the Agency and his furniture and household and
personal effects, including automobiles, from a post at which,
because of the prevalence of disturbed conditions, there is im-
minent danger to life and property, and the return of such per-
sons, furniture, and effects to such post upon the cessation of
such conditions; or to such other post as may in the meantime
have become the post to which such officer or employee has
been assigned.
(2) Charge expenses in connection with travel of personnel,
their dependents, and transportation of their household goods
and personal effects, involving a change of permanent station,
to the appropriation for the fiscal year current when any part
of either the travel or transportation pertaining to the transfer
begins pursuant to previously issued travel and transfer
orders, notwithstanding the fact that such travel or transporta-
tion may not all be effected during such fiscal year, or the
travel and transfer orders may have been issued during the
prior fiscal year.
(3)(A) Order to any of the several States of the United States
of America (including the District of Columbia, the Common-
wealth of Puerto Rico, and any territory or possession of the
United States) on leave of absence each officer or employee of
the Agency who was a resident of the United States (as de-
scribed above) at time of employment, upon completion of two
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Z5 ni tnt,r ACT OF 1949
years' continuous service abroad, or as soon as possible thereaf-
ter.
(B) While in the United States (as described in paragraph
(3)(A) of this section) on leave, the service of any officer or em-
ployee shall be available for work or duties in the Agency or
elsewhere as the Director may prescribe; and the time of such
work or duty shall not be counted as leave.
(C) Where an officer or employee on leave returns to the
United States (asdescribed in paragraph (3)(A) of this section),
leave of absence granted shall be exclusive of the time actually
and necessarily occupied in going to and from the United
States (as so described) and such time as may be necessarily oc-
cupied in awaiting transportation.
(4) Notwithstanding the provisions, of any other law, trans-
port for or on behalf of an officer or employee of the Agency, a
privately owned motor vehicle in any casein which it shall be
determined that water, rail, or air transportation of the motor
vehicle is necessary or expedient for all or any part of the dis-
tance between points of origin and destination, and pay the
costs of such transportation. Not more than one motor vehicle
of any officer or employee. of the Agency may be transported
under authority of this paragraph during any four-year period,
except that, as replacement for such motor vehicle, one addi-
tional motor vehicle of any such officer or employee may be so
transported during such period upon approval, in advance, by
the Director and upon a determination, in advance, by the Di-
rector that such replacement is necessary for reasons beyond
the control of the officer or employee and is in the interest of
the Government. After the expiration of a period of four years
following the date of transportation under authority of this
paragraph of a privately owned motor vehicle of any officer or
employee who has remained in continuous service outside the
several States of the United States of America, excluding
Alaska and Hawaii, but including the District of Columbia,
during such period, the transportation of a replacement for
such motor vehicle for such officer or employee may be author-
ized by the Director in accordance with this paragraph.
(5) (A) In the event of illness or injury requiring the hospital-
ization of an officer or full time employee of the Agency, not
the result of vicious habits, intemperance, or misconduct on his
part, incurred while on assignment abroad, in a locality where
there does not exist a suitable hospital or clinic, pay the travel
expenses of such officer or employee by whatever means he
shall deem appropriate and without regard to the Standardized
Government Travel Regulations and section 10 of the Act of
March 3, 1933 4 (47 Stat. 1516; 5 U.S.C. 73b), to the nearest lo-
cality where a suitable hospital or clinic exists and on his re-
covery pay for the travel expenses of his return to his post of
' The cited Act of March 3, 1933, was repealed by the law enacting title 5, United States Code
(Public Law 89-544, Sept. 6, 1966. 80 Stat. 378). Section 10 of that Act was codified as section
5731(a) of title 5. Section 7(b) of Public Law 89-544 (80 Stat. 631) provided: "A reference to a law
replaced by sections 1-6 of this Act, including a reference in a regulation, order, or other law, is
deemed to refer to the corresponding provision enacted by this Act."
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CT OF 1949 29
duty. If the officer or employee is too ill to travel unattended,
the Director may also pay the travel expenses of an attendant;
(B) Establish a first-aid station and provide for the services
of a nurse at a post at which, in his opinion, sufficient person-
nel is employed to warrant such a station: Provided, That, in
his opinion, it is not feasible to utilize an existing facility;
(C) In the event of illness or injury requiring hospitalization
of an officer or full time employee of the Agency, not the
result of vicious habits, intemperance, or misconduct on his
part, incurred in the line of duty while such person is assigned
abroad, pay for the cost of the treatment of such illnesss or
injury at a suitable hospital or clinic;
(D) Provide for the periodic physical examination of officers
and employees of the Agency and for the cost of administering
inoculations or vaccinations to such officers or employees.
(6) Pay the costs of preparing and transporting the remains
of an officer or employee of the Agency or a member of his
family who may die while in travel status or abroad, to his
home or official station, or to such other place as the Director
may determine to be the appropriate place of interment, pro-
vided that in no case shall the expense payable be greater than
the amount which would have been payable had the destina-
tion been the home or official station.
(7) Pay the costs of travel of new appointees and their de-
pendents, and the transportation of their household goods and
personal effects, from places of actual residence in foreign
countries at time of appointment to places of employment and
return to their actual residences at the time of appointment or
a point not more distant: Provided, That such appointees agree
in writing to remain with the United States Government for a
period of not less than twelve months from the time of ap-
pointment.
Violation of such agreement for personal convenience of an
employee or because of separation for misconduct will bar such
return payments and, if determined by the Director or his des-
ignee to be in the best interests of the United States, any
money expended by the United States on account of such
travel and transportation shall be considered as a debt due by
the individual concerned to the United States. -
(b)(1) The Director may pay to officers and employees of. the
Agency, and to persons detailed or assigned to the Agency from
other agencies of the Government or from the Armed Forces, al-
lowances and benefits comparable to the allowances and benefits
authorized to be paid to members of the Foreign Service under
chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C.
4081 et seq.) or any other provision of law.
(2) The Director may pay allowances and benefits related to offi-
cially authorized travel, personnel and physical security activities,
operational activities, and cover-related activities (whether or not
such allowances and benefits are otherwise authorized under this
section or any other provision of law) when' payment of such allow-
ances and benefits is necessary to meet the special requirements of
work related to such activities. Payment of allowances and benefits
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CT OF 1949
under this paragraph shall be in accordance with regulations pre-
scribed by the Director. Rates for allowances and benefits under
this paragraph may not be set at rates in excess of those author-
ized by section 5724 and 5724a of title 5, United States Code, when
reimbursement is provided for relocation attributable, in whole or
in part, to relocation within the United States.
(3) Notwithstanding any other provision of this section or any
other provision of law relating to the officially authorized travel of
Government employees, the Director, in order to reflect Agency re-
quirements not taken into account in the formulation of Govern-
ment-wide travel procedures, may by regulation-
(A) authorize the travel of officers and employees of the
Agency, and of persons detailed or assigned to the Agency from
other agencies of the Government or from the Armed Forces
who are engaged in the performance of intelligence functions,
and
(B) provide for payment for such travel, in classes of cases, as
determined by the Director, in which such travel is important
to the performance of intelligence functions.
(4) Members of the Armed Forces may not receive benefits under
both this section and title 37, United States Code, for the same pur-
pose. The Director and Secretary of Defense shall prescribe joint
regulations to carry out the preceding sentence.
(5) Regulations issued pursuant to this subsection shall be sub-
mitted to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate before such regulations take effect.
SEC. 5. [50 U.S.C. 403f] In the performance of its functions, the
Central Intelligence Agency is authorized to-
(a) Transfer to and receive from other Government agencies such
sums as may be approved by the Bureau of the Budget, for the per-
formance of any of the. functions or activities authorized under sec-
tions 102 and 303 of the. National Security Act of 1947 (Public Law
253, Eightieth Congress, and any other. Government agency is au-
thorized to transfer to or receive from the Agency such sums with-
out regard to any provisions of law limiting or prohibiting trans-
fers between appropriations. Sums transferred to the Agency in ac-
cordance with this paragraph may be expended for the purposes
and under the authority of this Act without regard to limitations of
appropriations from which transferred;
(b) Exchange funds without regard- to section 3651 Revised Stat-
utes (31 U.S.C. 543);
(c) Reimburse other Government agencies for services of person-
nel assigned to the Agency, and such other Government agencies
are hereby authorized, without regard to provisions of law to the
contrary, so to assign or detail any officer or employee for duty
with the Agency;
(d) Authorize personnel designated by, the Director to carry fire-
arms to the extent necessary for the performance of the Agency's
authorized functions, except that, within the United States, such
authority shall be limited to the purposes of protection of classified
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materials and information, the training of Agency personnel and
other authorized persons in the use of firearms, the protection of
Agency installations and property, and the protection of Agency
personnel and of defectors, their families, and other persons in the
United States under Agency auspices;
(e) Make alterations, improvements, and repairs on premises
rented by the Agency, and pay rent therefor without regard to lim-
itations on expenditures contained in the Act of June 30, 1932, as
amended: 5 Provided, That in each case the Director shall certify
that exception from such limitations is necessary to the successful
performance of the Agency's functions or to the security of its ac-
tivities; and
U) .Determine and fix the minimum and maximum limits of age
within which an original appointment may be made to an oper-
ational position within the Agency, notwithstanding the provision
of any other law, in accordance with such criteria as the Director,
in his discretion, may prescribe.
SEC. 6. [50 U.S.C. 403g] In the interests of the security of the
foreign .intelligence activities of the United States and in order fur-
ther to implement the proviso of section 102(d)(3) of the National
Security Act of 1947 (Public Law 253, Eightieth Congress, first ses-
sion) that the Director of Central Intelligence shall be responsible
for protecting intelligence sources and methods from unauthorized
disclosure, the Agency shall be exempted from the provisions of
sections 1 and 2, chapter 795 of the Act of August 28, 19356 (49
Stat. 956, 957; 5 U.S.C. 654), and the provisions of any other laws
which require the publication or disclosure of the organization,
functions, names, official titles, salaries, or numbers of personnel
employed by the Agency: Provided, That in furtherance of this sec-
tion, the Director of the Bureau of the Budget shall make no re-
ports to the Congress in connection with the Agency under section
607, title VI, chapter 212 of the Act of June 30, 1945, as amended'
(5 U.S.C. 947(b)).
SEC. 7. [50 U.S.C. 403h] Whenever the Director, the Attorney
General and the Commissioner of Immigration shall determine
that the entry of a particular alien into the United States for per-
manent residence is in the interest of national security or essential
to the furtherance of the national intelligence mission, such alien
and his immediate family shall be given entry into the United
States for permanent residence without regard to their inadmissi-
bility under the immigration or any other laws and regulations, or
to the failure to comply with such laws and regulations pertaining
to admissibility: Provided, That the number of aliens and members
of their immediate families entering the United States under the
authority of this section shall in no case exceed one hundred per-
sons in any one fiscal year.
a The cited Act is the Act entitled An Act making appropriations for the Legislative Branch
of the Government for the fiscal year ending June 30, 1933, and for other purposes" (47 Stat.
382). The provisions of that Act relating to rental of buildings by the Government are sections
321 and 322 (40 U.S.C. 303b, 278a). See also section 210(a)(5) of the Federal Property and Admin-
istrative Services Act of 1949 (40 U.S.C. 490(a)(5)).
6 The cited Act of August 28, 1935, was repealed by the Independent Offices Appropriation
Act, 1961 (Public Law 86-626, 74 Stat. 427).
7 Section 607 of the Act of June 30, 1945, was repealed by section 301(85) of the Budget and
Accounting Procedures Act of 1950 (64 Stat. 843).
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[Original section 9 (50 U.S.C. 403i) was repealed by section 601(b)
of Public Law 763, 68 Stat. 1115; September 1, 1954.]
SEC. 8. [50 U.S.C. 403j] (a) Notwithstanding any other provi-
sions of law, sums made available to the Agency by appropriation
or otherwise may be expended for purposes necessary to carry out
its functions, including-
(1) personal services, including personal services without
regard to limitations, on types of persons to be employed, and
rent at the seat of government and elsewhere; health-service
program as authorized by law (5 U.S.C. 150); 8 rental of news-
reporting services; purchase or rental and operation of photo-
graphic, reproduction, cryptographic, duplication and printing
machines, equipment and devices, and radio-receiving and
radio-sending equipment and devices, including telegraph and
teletype equipment; purchase, maintenance, operation, repair,
and hire of passenger motor vehicles, and aircraft, and vessels
of all kinds; subject to policies established by the Director,
transportation of officers and employees of the Agency in Gov-
ernment-owned automotive equipment between their domiciles
and places of employment, where such personnel are engaged
in work which makes such transportation necessary, and trans-
portation in such equipment, to and from school,, of children of
Agency personnel who have quarters for themselves and their
families at isolated stations outside the continental United
States where adequate public or private transportation is not
available; printing and binding; purchase, maintenance, and
cleaning of firearms, including purchase, storage, and mainte-
nance of ammunition; subject to policies established by the Di-
rector, expenses of travel in connection with, and expenses in-
cident to attendance at meetings of professional, technical, sci-
entific, and other similar organizations when such attendance
would be a benefit in the conduct of the work of the Agency;
association and library dues; payment of premiums or costs of
surety bonds for officers or employees without regard to the
provisions of 61 Stat. 646; 6 U.S.C. 14; 9 payment of claims pur-
suant to 28 U.S.C.; acquisition of necessary land and the clear-
ing of such land; construction of buildings and facilities with-
out regard to 36 Stat. 699; 40 U.S.C. 259, 267;10 repair, rental,
operation, and maintenance of buildings, utilities, facilities,
and appurtenances; and
8 The law codified to section 150 of title 5 before the enactment of that title was replaced by
section 7901 of title 5 upon the enactment of that title by Public Law 89-544 (Sept. 6, 1966, 80
Stat. 378).
9 Section 14 of title 6, United States Code, relating to the purchase of bonds to cover Govern-
ment employees, was repealed by section 203(1) of Public Law 92-310 (Act of June 6, 1972, 86
Stat. 202).
10 Section 3734 of the Revised Statutes of the United States, formerly classified to sections 259
and 267 of title 40, was repealed by section 17(12) of the Public Buildings Act of 1959 (Public
Law 86-249, 73 Stat. 485). That Act is shown in the United States Code as chapter 12 of title 40
(40 U.S.C. 601 et seq.).
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(2)_ supplies, equipment, and personnel and contractual serv-
ices otherwise authorized by law and regulations, when ap-
proved by the Director.
(b) The sums made available to the Agency may be expended
without regard to the provisions of law and regulations relating to
the expenditure of Government funds; and for objects of a confiden-
tial, extraordinary, or emergency nature, such expenditures to be
accounted for solely on the certificate of the Director and every
such certificate shall be deemed a sufficient voucher for the
amount therein certified.
SEPARABILITY OF PROVISIONS
SEC. 9. [50 U.S.C. 403a note] If any provision of this Act, or the
application of such provision to any person or circumstances, is
held invalid, the remainder of this Act or the application of such
provision to persons or circumstances other than these as to which
it is held invalid, shall not be affected thereby.
SEC. 10. [50 U.S.C. 401 note] This Act may be cited as the "Cen-
tral Intelligence Agency Act of 1949".
AUTHORITY TO PAY DEATH GRATUITIES
SEC. 11. [50 U.S.C. 403k] (a)(1) The Director may pay a gratuity
to the surviving dependents of any officer or employee of the
Agency who dies as a result of injuries (other than from disease)
sustained outside the United States and whose death-
(A) resulted from hostile or terrorist activities; or
(B) occurred in connection with an intelligence activity
having a substantial element of risk.
(2) The provisions of this subsection shall apply with respect to
deaths occurring after June 30, 1974.
(b) Any payment under subsection (a)-
(1) shall be in an amount equal to the amount of the annual
salary of the officer or employee concerned at the time of
death;
(2) shall be considered a gift and shall be in lieu of payment
of any lesser death gratuity authorized by any other Federal
law; and
(3) shall be made under the same conditions as apply to pay-
ments authorized by section 14 of the Act of August 1, 1956 (22
U.S.C. 2679a).1'
AUTHORITY TO ACCEPT GIFTS, DEVISES, AND BEQUESTS
SEC. 12. [50 U.S.C. 4031] (a) Subject to the provisions of this sec-
tion, the Director may accept, hold, administer, and use gifts of
" Section 14 of the Act of August 1, 1956, was repealed effective February 15, 1981, by section
2205(10) of the Foreign Service Act of 1980 (Public Law 96-465, 94 Stat. 2160. The subject of
death gratuities for Foreign Service employees is now covered by section 413 of that Act (22
U.S.C. 3973; 94 Stat. 2092). Section 2401(c) of that Act (94 Stat. 2168) provided: "References in
law to provisions of the Foreign Service Act of 1946 or other law superseded by that Act shall be
deemed to include reference to the corresponding provisions of this Act.".
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money, securities, or other property whenever the Director deter-
mines it would be in the interest of the United States to do so. Any
gift accepted under this section (and any income produced by any
such gift) may be used only for artistic display or for purposes re-
lating to the general welfare, education, or recreation of employees
o` e'en~s o emp oyees he Agency or ors uses,
and under no circumstances may such a gift (or any income pro-
duced by any such gift) be used for operational purposes. The Di-
rector may not accept any gift under this section which is expressly
conditioned upon any expenditure not to be met from the gift itself
or from income produced by the gift unless such expenditure has
been authorized by law.
(b) Unless otherwise restricted by the terms of the gift, the Direc-
tor may sell or exchange, or invest or reinvest, any property which
is accepted under this section, but any such investment may only
be in interest-bearing obligations of the United States or in obliga-
tions guaranteed as to both principal - and interest by the United
States.
(c) There is hereby created on the books of the Treasury of the
United States a fund into which gifts of money, securities, and
other intangible property accepted under the authority of this sec-
tion, and the earnings and proceeds thereof, shall be deposited. The
assets of such fund shall be disbursed upon the order of the Direc-
tor for the purposes specified in subsection (a) or (b).
(d) For purposes of Federal income, estate, and gift taxes, gifts
accepted by the Director under this section shall be considered to
be to or for the use of the United States.
(e) For the purposes of this section, the term "gift" includes a be-
quest or devise.
MISUSE OF AGENCY NAME, INITIALS OR SEAL
SEC. 13. [50 U.S.C. 403m] (a) No person may, except with the
written permission of the Director, knowingly use the words `Cen-
tral Intelligence Agency', the initials `CIA', the seal of the Central
Intelligence Agency, or any colorable imitation of such words, ini-
tials, or seal in connection with any merchandise, impersonation,
solicitation, or commercial activity in a manner reasonably calcu-
lated to convey the impression that such use is approved, endorsed,
or authorized by the Central Intelligence Agency.
(b) Whenever it appears to the Attorney General that any person
is engaged or is about to engage in an act or practice which consti-
tutes or will constitute conduct prohibited by subsection (a), the At-
torney General may initiate a civil proceeding in a district court of
the United States to enjoin such act or practice. Such court shall
proceed as soon as practicable to the hearing and determination of
such action and may, at any time before final determination, enter
such restraining orders or prohibitions, or take such other action
as is warranted, to prevent injury to the United States or to any
person or class of persons for whose protection the action is
brought.
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HutnuT HUT OF 1949 35
. RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES
SEC. 14. [50 U.S.C. 403n] (a) The provisions of sections 204,
221(b) (1)-(3), 221(f), 221(g)(2), 221(1), 221(m), 221(n), 221(o), 222, 223,
224, 234(c), 234(d), 234(e), and 263(b) of the Central Intelligence
Agency Retirement Act of 1964 for Certain Emp oyees . C
403 note) esta Is Ing certain requirements, limitations, rights, en-
titlements, and benefits relating to retirement .annuities, survivor
benefits, and lump-sum payments for a spouse or former spouse of
an Agency employee who is a participant in the Central Intelli-
gence Agency Retirement and Disability System-shall apply in the
same manner and to the same extent in the case of an Agency em-
ployee who is a participant in the Civil Service Retirement and
Disability System.
(b) The Director of the Office of Personnel Management, in con-
sultation with the Director of Central Intelligence, shall prescribe
such regulations as may be necessary to implement the provisions
of this section.
SECURITY PERSONNEL AT AGENCY INSTALLATIONS
SEC. 15. [50 U.S.C. 403o] (a) The Director may authorize Agency
personnel within the United States to perform the same functions
as special policemen of the General Services Administration per-
form under the first section of the Act entitled "An Act to author-
ize the Federal Works Administrator or officials of the Federal
Works Agency duly authorized by him to appoint special policemen
for duty upon Federal property under the jurisdiction of the Feder-
al Works Agency, and for other purposes" (40 U.S.C. 318), with the
powers set forth in that section, except that such personnel shall
perform such functions and exercise such powers only within
Agency installations, and the rules and regulations enforced by
such personnel shall be rules and regulations promulgated by the
Director.
(b) The Director is authorized to establish penalties for violations
of the rules or regulations promulgated by the Director under sub-
section (a) of this section. Such penalties shall not exceed those
specified in the fourth section of. the Act referred to in subsection
(a) of this section (40 U.S.C. 318c).
(c) Agency personnel designated by the Director under subsection
(a) of this section shall be clearly identifiable as United States Gov-
ernment security personnel while engaged in the performance of
the functions to which subsection (a) of this section refers.
HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL
INTELLIGENCE AGENCY EMPLOYEES
SEC. 16. [50 U.S.C. 403p] (a) Except as provided in subsection
(c)(1), any individual-
(1) formerly married to an employee or former employee of
the Agency, whose marriage was dissolved by divorce or annul-
ment before May 7, 1985;
(2) who, at any time during the eighteen-month period before
the divorce or annulment became final, was covered under a
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health benefits plan as a member of the family of such employ-
ee or former employee; and
(3) who was married to such employee for not less than ten
years during periods of service by such employee with the
Agency, at least five years of which were spent outside the
United States by both the employee and the former spouse,
is eligible for coverage under a health benefits plan in accordance
with the provisions of this section.
(b)(1) Any individual eligible for coverage under subsection (a)
may enroll in a health benefits plan for self alone or for self and
family if, before the expiration of the six-month period beginning
on the effective date of this section, and in accordance with such
procedures as the Director of the Office of Personnel Management
shall by regulation prescribe, such individual-
(A) files an election for such enrollment; and
(B) arranges to pay currently into the Employees Health
Benefits Fund under section 8909 of title 5, United States Code,
an amount equal to the sum of the employee and agency con-
tributions payable in the case of an employee enrolled under
chapter 89 of such title in the same health benefits plan and
with the same level of benefits.
(2) The Director of Central Intelligence shall, as soon as possible,
take all steps practicable-
(A) to determine the identity and current address of each
former spouse eligible for coverage under subsection (a); and
(B) to notify each such former spouse of that individual's
rights under this section.
(3) The Director of the Office of Personnel Management, upon no-
tification by the Director of Central Intelligence, shall waive the
six-month limitation set forth in paragraph (1) in any case in which
the Director of Central Intelligence determines that the circum-
stances so warrant.
(c)(1) Any former spouse who remarries before age fifty-five is not
eligible to make an election under subsection (b)(1).
(2) Any former spouse enrolled in a health benefits plan pursu-
ant to an election under subsection (b)(1) may continue the enroll-
ment under the conditions of eligibility which the Director of the
Office of Personnel Management shall by regulation prescribe,
except that any former spouse who remarries before age fifty-five
shall not be eligible for continued enrollment under this section
after the end of the thirty-one-day period beginning on the date of
remarriage.
(d) No individual may be covered by a health benefits plan under
this section 'during any period in which such individual is enrolled
in a health benefits plan under any other authority, nor may any
individual be covered under more than one enrollment under this
section.
(e) For purposes of this section the term "health benefits plan"
means an approved health benefits plan under chapter 89 of title 5,
United States Code.
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT OF
1964 FOR CERTAIN EMPLOYEES
PUBLIC LAW 88-643-OCTOBER 13, 1964
(50 U.S.C. 403 note)
AN ACT To provide for the establishment and maintenance.of a Central Intelli-
gence Agency Retirement and Disability System for a limited number of employ-
ees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I-TITLE AND DEFINITIONS
PART A-TITLE
SEC. 101. This Act may be cited as the "Central Intelligence
Agency Retirement Act of 1964 for Certain Employees".
PART B-DEFINITIONS
SEC. 111. When used in this Act, the term-
(1). "Agency" means the Central Intelligence Agency;
(2) "Director" means the Director of Central Intelligence;
(3) "Qualifying- service" . means service performed as a partic-
ipant in the system or, in the case of service prior to designa-
tion, service determined by the Director to have been per-
formed in carrying out duties described in section 203;
(4) "Fund balance" means the sum of-
(a) the investments of the fund calculated at par value;
and
(b) the cash balance of the fund on the books of the
Treasury;
(5) "Unfunded liability" means the estimated excess of the
present value of all benefits payable from the fund to partici-
pants and former participants, subject to this Act, and to their
survivors, over the sum of-
(a) the present value of deductions to be withheld from
the future basic salary of participants currently subject to
this Act and of future Agency contributions to be made in
their behalf; plus
(b) the present value of Government payments to the
fund under section 261 (b) and (c) of this Act; plus
(c) the fund balance as of the date the unfunded liability
is determined; and
(6) "Normal cost" means the level percentage of payroll re-
quired to be deposited in the fund to meet the cost of benefits
payable under the system (computed in accordance with gener-
ally accepted actuarial practice on an entry-age basis) less the
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i - ACT OF 1964
value of retirement benefits earned under another retirement
system for government employees and less the cost of credit al-
lowed for military service.
TITLE II-THE CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
RULES AND REGULATIONS
SEC. 201. (a) The Director may prescribe rules and regulations for
the establishment and maintenance of a Central Intelligence
Agency Retirement and Disability System for a limited number of
employees, referred to hereafter as the system; such rules and reg-
ulations to be submitted to the Permanent Select Committee on In-
telligence of the House of Representatives and the Select Commit-
tee on Intelligence of the Senate before they take effect.
(b) The Director shall -administer the system in accordance with
such rules and regulations and with the principles established by
this Act.
(c) In the interests of the security of the foreign intelligence ac-
tivities of the United States and in order further to implement the
proviso of section 102(d)(3) of the National Security Act of 1947, as
amended (50 U.S.C. 403(d)(3)), that the Director of Central Intelli-
gence shall be responsible for protecting intelligence sources and
methods from unauthorized disclosure, and notwithstanding the
provisions of the Administrative Procedure Act (5 U.S.C. 1001 et
seq.)' or any other provisions of law (except section 305(d) of this
Act), any determinations by the Director authorized by the provi-
sions of this Act shall be deemed to be final and conclusive and not
subject to review by any court.
ESTABLISHMENT AND MAINTENANCE OF FUND
SEC. 202. There is hereby created a fund to be known as the Cen-
tral Intelligence Agency Retirement and Disability Fund which
shall be maintained by the Director. The Central Intelligence
Agency Retirement and Disability Fund is referred to hereafter as
2
SEC.' 203. The Director may designate from time to time
Agency office em w ose utles are a rmine
Tt"
e
Director to be (i) in support of Agency activities abroa d hazardous
to life or health or 11 so specialized s eof_secu*3__x-equire-
ments as to be clearly - s a e from normal government
employment, hereafter referred to as participants, who shall be en-
titled to the benefits of the system. Any participant who has com-
pleted fifteen years of service with the Agency and whose career at
The Administrative Procedure Act was repealed by the law enacting title 5, United States
Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapters
5 and 7 of that title. Section 7(b) of that Act (80 Stat. 631) provided: "A reference to a law re-
placed by sections 1-6 of this Act, including a reference in a regulation, order, or other law, is
deemed to refer to the corresponding provision enacted by this Act."
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that time is adjudged by the Director to be qualifying for the
system may elect to remain a participant of such system for the
duration of his employment by the Agency and such election shall
not be subject to review or approval by the Director.
SEC. 204. (a) Annuitants shall be participants who are receiving
annuities from the fund and all persons, including surviving wives
and husbands, former spouses, widows, widowers, children, and
beneficiaries of participants or annuitants who shall become enti-
tled to receive annuities in accordance with the provisions of this
title.
(b) When used in this title the term-
(1) "Widow" means the surviving wife of a participant who
was married to such participant for at least one year immedi-
ately preceding his death or is the mother of issue by marriage
to the participant.
(2) "Widower" means the surviving husband of a participant
who was married to such participant for at least one year im-
mediately preceding her death or is the father of issue by mar-
riage to the participant.
(3) "Child", for the purposes of sections 221 and 232 of this
title, means an unmarried child, including (i) an adopted child
or a child who lived with and for whom a petition for adoption
was filed by a participant and who is adopted by the surviving
spouse after the participant's death,2 and (ii) a stepchild or rec-
ognized natural child who lived with the participant in a regu-
lar parent-child relationship, under the age of eighteen years,
or such unmarried child regardless of age who because of phys-
ical or mental disability incurred before age eighteen is incapa-
ble of self-support, or such unmarried child between eighteen
and twenty-two years of age who is a student regularly pursu-
ing a full-time course of study or training in residence in a
high school, trade school, technical or vocational institute,
junior college, college, university, or comparable recognized
educational institution. A child whose twenty-second birthday
occurs prior to July 1 or after August 31 of any calendar year,
and while he is regularly pursuing such a course of study or
training, shall be deemed for the purposes of this paragraph
and section 221(e) of this title to have attained the age of
twenty-two on the first day of July following such birthday. A
child who is a student shall not be deemed to have ceased to be
a student during any interim between school years if the inter-
im does not exceed five months and if he shows to the satisfac-
tion of the Director that he has a bona fide intention of con-
tinuing to pursue a course of study or training in the same or
different school during the school semester (or other period
into which the school year is divided) immediately following
the interim. The term "child", for purposes of section 241,
2 Period erroneously inserted by amendment made by section 201(d) of Public Law 94-522 (90
Stat. 2468).
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shall include an adopted child and a natural child, but shall
not include a stepchild.
(4) "Former spouse" means a former wife or husband of a
participant or former participant who was married to such par-
ticipant for not less than 10 years during periods of service by
that participant which are creditable under sections 251, 252,
and 253 of this title, at least five years of which were spent
outside the United States by both the participant and the
former spouse.
PART B-COMPULSORY CONTRIBUTIONS
SEC. 211. (a) Except as provided in -subsection (d), seven per
centum of the basic salary received by each participant shall be
contributed to the fund for the payment of annuities, cash benefits,
refunds and allowances. An equal sum shall also be contributed
from the respective appropriation or fund which is used for pay-
ment of his salary. The amounts deducted and withheld from basic
salary together with the amounts so contributed from the appro-
priation or fund shall be deposited by the Agency to the credit of
the fund.
(b) Each participant shall be deemed to consent and agree to
such deductions from basic salary, and payment less such deduc-
tions shall be a full and complete discharge and acquittance of all
claims and demands whatsoever for all regular services during the
period covered by such payment, except the right to the benefits to
which he. shall be entitled under this title, notwithstanding any
law, rule, or regulation affecting the individual's salary.
(c) Amounts deducted and withheld from the basic salary of a
participant under this section from the beginning of the first pay
period after the participant has completed thirty-five years of cred-
itable service computed under sections 251 and"-252 exc u I serv-
ice credit for unused sick leave under section 221(h)), together with
interest on these amounts at the rate of 3 percent a year com-
pounded annually from the date of the deduction to the date of re-
tirement or death, shall be applied toward any special contribution
due under section 252(b), and any balance not so required shall be
refunded in a lump sum to the participant after separation (or, in
the event of a death in service, to a beneficiary in order of prece-
dence specified in subsection 241(b)(1)), subject to any restrictions
on lump sums under section 234 of this title regarding notification
or consent of a current spouse to such payments, or the participant
may use these sums to purchase an additional annuity in accord-
ance with section 281, or any other elective benefits authorized by
this title, including additional retirement or survivor benefits for a
current or former spouse or spouses.
(d)(1) In the case of a participant who was a participant subject
to this title before January 1, 1984, and whose service-
(A) is employment for the purposes of title II of the Social
Security Act and chapter 21 of the Internal Revenue Code of
1954, and
(B) is not creditable service for any purpose under title III-of
this Act or chapter 84 of title 5, United States Code,
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there shall be deducted and withheld from the basic pay of the par-
ticipant under this subsection during any pay period only the
amount computed pursuant to paragraph (2).
(2) The amount deducted and withheld from the basic pay of a
participant during and pay period pursuant to paragraph (1) shall
be the excess of-
(A) the amount determined by multiplying the percent appli-
cable to the participant under subsection (a) by the basic pay
payable to the participant for such pay period, over
(B) the amount of the taxes deducted and withheld from such
basic pay under section 3101(a) of the Internal Revenue Code of
1954 (relating to old-age, survivors, and disability insurance)
for such pay period.
COMPUTATION OF ANNUITIES FOR OTHER THAN FORMER SPOUSES
SEC. 221. (a) The annuity of a participant shall be equal to 2 per
e years o service or, in the case o an annul y computed u
c ion an ase on less than three years, over the total serv-
ice), for which full contributions have been made to the fund, mul-
tiplie ber of ears, not exceeding thirty-five, of service
re it obtained in actor ante wi 251
and 252. In determining the aggregate period of service upon which
the annuity is to be based, the fractional part of a month, if any,
shall not be counted.
(b)(1)(A) Except to the extent provided otherwise under a written
election under subparagraph (B) or (C), if at the time of retirement
a participant or former participant is married (or has a former
spouse who has not remarried before attaining age 60), the partici-
pant shall receive a reduced annuity and provide a survivor annu-
ity for his or her spouse under this subsection or former spouse
under section 222(b), or a combination of such annuities, as the
case may be.
(B) A married participant or former participant and his or her
spouse may jointly elect in writing to waive a survivor annuity for
that spouse under this section (or under section 222(b) if the spouse
later qualifies as a former spouse under section 204(b)(4)), or to
reduce such survivor annuity under this section (or section 222(b))
by designating a portion of the annuity of the participant as the
base for the survivor benefit. If the marriage is dissolved following
an election for such a reduced annuity and the spouse qualifies as
a former spouse, the base used in calculating any annuity of the
former spouse under section 222(b) may not exceed the portion of
the participant's annuity designated under this subparagraph.
(C) If a participant or former participant has a former spouse,
the participant (or former participant) and such former spouse may
jointly elect by spousal agreement under section 263(b) to waive a
survivor annuity under section 222(b) for that former spouse, if the
election is made (i) before the end of the 12-month period beginning
on the date the divorce or annulment involving that former spouse
becomes final or (ii) at the time of retirement of the participant.
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(D) The Director may prescribe regulations under which a partic-
ipant or former participant may make an election under subpara-
graph (B) or (C) without the participant's spouse or former spouse if
the participant establishes to the satisfaction of the Director that
the participant does not know, and has taken all reasonable steps
to determine, the whereabouts of the spouse or former spouse.
(2) The annuity of a participant or former participant providing a
survivor benefit under this section (or section 222(b)), excluding any
portion of the annuity not designated or committed as a base for
any survivor annuity, shall be reduced by 21/2 percent of the first
$3,600 plus 10 percent of any amount over $3,600. The reduction
under this paragraph shall be calculated before any reduction
under section 222(a)(4).
(3)(A) If a former participant entitled to receive a reduced annu-
ity under this.. subsection dies and is survived by a spouse, a survi-
vor annuity shall be paid to the surviving spouse equal to 55 per-
cent of the full amount of the participant's annuity computed
under subsection (a), or 55 percent of any lesser amount elected as
the base for the survivor benefit under paragraph (1)(B).
(B) Notwithstanding subparagraph (A), the amount of the annu-
ity calculated under subparagraph (A) for a surviving spouse in
any case in which there is also a surviving former spouse of the
participant who qualifies for an annuity under section 222(b) may
not exceed 55 percent of the portion (if any) of the base for survivor
benefits which remains available under section 222(b)(4)(B).
(C) An annuity payable from the fund under this title to a sur-
viving spouse under this paragraph shall commence on the day
after the participant dies and shall terminate on the last day of the
month before the surviving spouse's death or remarriage before at-
taining age 60. If such a survivor annuity is terminated because of
remarriage, it shall be restored at the same rate commencing on
the date such remarriage is dissolved by death, annulment, or di-
vorce if any lump sum paid upon termination of the annuity is re-
turned to the fund.
(c)(1) If an annuitant dies and is survived by a wife or husband
and by a child or children, in addition to the annuity payable to
the surviving wife or husband, there shall be paid to or on behalf
of each child an annuity equal to the smallest of: (i) 60 per centum
of the annuitant's average basic salary, as determined under para-
graph (a) of this section, divided by the number of children; (ii)
$900; or (iii) $2,700 divided by the number of children.
(2) If an annuitant dies and is not survived by a wife or husband
but by a child or children, each surviving child shall be paid an an-
nuity equal to the smallest of: (i) 75 per centum of the annuitant's
average basic salary, as determined under paragraph (a) of this sec-
tion, divided by the number of children; (ii) $1,080; or (iii) $3,240
divided by the number of children.
(d) If a surviving wife or husband dies or the annuity of a child is
terminated, the annuities of any remaining children shall be re-
computed and paid as though such wife, husband, or child had not
survived the participant.
(e) The commencing date of an annuity payable to a child under
paragraph (c) or (d) of this section, or (c) or (d) of section 232, shall
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be deemed to be the day after the annuitant or participant dies,
with payment beginning on that day or beginning or resuming on
the first day of the month in which the child later becomes or
again becomes a student as described in section 204(b)(3), provided
the lump-sum credit, if paid, is returned to the fund. Such annuity
shall terminate on the last day of the month before (1) the child's
attaining age eighteen unless he is then a student as described or
incapable of self-support, (2) his becoming capable of self-support
after attaining age eighteen unless he is then such a student, (3)
his attaining age twenty-two if he is then such a student and not
incapable of self-support, (4) his ceasing to be such a student after
attaining age eighteen unless he is then incapable of self-support,
(5) his marriage, or (6) his death, whichever first occurs.
(f)(1) Subject to the rights of former spouses under sections 221(b)
and 222, any unmarried participant retiring under the provisions
of this title and found by the Director to be in good health may at
the time of retirement elect a reduced annuity, in lieu of the annu-
ity as hereinbefore provided, and designate in writing a person
having an insurable interest (as that term is used in section 9(h) of
the Civil Service Retirement Act (5 U.S.C. 2259(h))) 3 in the partici-
pant to receive an annuity after the participant's death. The annu-
ity payable to the participant making such election shall be re-
duced by 10 per centum of an annuity computed as provided in
paragraph (a) of this section, and by 5 per centum of an annuity so
computed for each full five years the person designated is younger
than the participant, but such total reduction shall not exceed 40
per centum. The annuity of a survivor designated under this para-
graph shall be 55 per centum of the reduced annuity computed as
prescribed above.
(2) A participant, who is unmarried at the time of retiring and
who later marries, may irrevocably elect, in a signed writing re-
ceived in the Agency within one year after the marriage, a reduced
annuity as provided in section 221(b). The reduced annuity is effec-
tive the first day of the month after the election is received. The
election voids prospectively any election previously made under the
provisions of paragraph (1) of this subsection.
(g)(1) In the case of remarriage on or after age sixty an annuity
shall be payable if remarriage has occurred on or after July 18,
1966, and if the surviving wife or husband, immediate before such
remarriage, was receiving an annuity from the Central Intelligence
Agency Retirement and Disability Fund. The annuity of a surviv-
ing spouse terminated as a result of remarriage which occurred
prior to age sixty and on or after July 18, 1966, shall be restored at
the same rate commencing on the day the remarriage is dissolved
by death, annulment, or divorce, if-
(A) the surviving spouse elects to receive this annuity in-
stead of a survivor benefit to which he may be entitled, under
this or another retirement system for Government employees,
by reason of the remarriage; and
'The Civil Service Retirement Act was repealed by the law enacting title 5, United States
Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and was codified as chapter 83 of that title.
The provisions of section 9(h) of that Act were codified as section 8339(j) of title 5.
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I M nciinrmtnT ACT OF 1964
(B) any lump sum paid on termination of the annuity is re-
turned to the fund.
No annuity shall be paid by reason of this paragraph for any
period prior to October 20, 1969. No annuity shall be terminated
solely by reason of the enactment of this paragraph.
(2) A surviving former spouse of any participant or former partic-
ipant shall not become entitled to a survivor annuity or to the res-
toration of a survivor annuity payable from the fund under this
title unless the survivor elects to receive it instead of any other
survivor annuity to which he or she maybe entitled under this or
any other retirement system for Government employees on the
basis of a marriage to someone other than that participant.
(h) In computing an annuity under this section the service credit
of a participant who retires, except under section 231, on an imme-
diate annuity or dies leaving a survivor or survivors entitled to an-
nuity includes, without regard to the limitations imposed by para-
graph (a), the days of unused sick leave to his credit under a formal
leave system, except that these days will not be counted in deter-
mining average basic salary or annuity eligibility. The contribution
specified. in section 252 -shall not be required for days of unused
sick leave credited under this:paragraph.
(i) Except as otherwise provided, the annuity of a participant
shall commence on the day after separation from the service, or on
the day after salary ceases and the participant meets the service
and the age or disability requirements for title thereto. The annu-
ity of a participant under section 234 shall commence on the day
after the occurrence of the event on which payment thereof is
based. An annuity otherwise payable from the fund under this title
allowed on or after date of enactment of this. provision shall com-
mence on the day after the occurrence of the event on which pay-
ment thereof is based.
(j) An annuity payable from the fund under this title on or after
date of enactment of this provision shall terminate (1) in the case
of a retired participant, on the day death or any other terminating
event occurs, or (2) in the case of a survivor, on the last day of the
month before death or any other terminating event occurs.
(k) The annuity computed under this section is reduced by 10 per
centum of a special contribution described by section 252(b) remain-
ing unpaid for civilian service for which retirement deductions
have not been made, unless the participant elects to eliminate the
service involved for the purpose of annuity computation.
(1)(1) Notwithstanding any other provision of this section, the
monthly rate of annuity payable under subsection (a) of this sec-
tion, shall not be less than the smallest primary insurance amount,
including any cost-of-living increase added to that amount, author-
ized to be paid from time to time under title II of the Social Se-
cuirty [sic] Act [42 U.S.C. 401 et seq.].
(2) Notwithstanding any other provision of this section, other
than this subsection, the monthly rate of annuity payable under
subsection (a) of this section to a surviving child shall not be less
than the smallest primary insurance amount, including any cost-of-
living increase added to that amount, authorized to be paid from
time to time under title II of the Social Security Act [42 U.S.C. 401
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et seq.], or three times such primary insurance amount divided by
the number of surviving children entitled to an annuity, whichever
is the lesser.
(3) The provisions of this subsection shall not apply to an annui-
tant or to a survivor who is or becomes entitled to receive from the
United States an annuity or retired pay under any other civilian or
military retirement system, benefits under title II of the Social Se-
curity Act [42 U.S.C.. 401 et seq.], a pension, veterans' compensa-
tion, or any other, periodic payment of a similar nature, when the
monthly rate thereof is - equal to or greater than the smallest pri-
mary insurance amount, including any cost-of-living, increase added
to that amount, authorized to be paid from time to time under title
II of the Social Security Act.
(4) This subsection shall not apply to the extent provided in sec-
tion 222(d).
(m)(1) Any married annuitant who reverts to retired status with
entitlement to a supplemental annuity under subsection 271(b)
shall, unless the annuitant and his or her spouse jointly elect in
writing to the contrary at that time, have the supplemental annu-
ity reduced by 10 percent to provide a supplemental survivor annu-
ity for his or her spouse. Such supplemental survivor annuity shall
be equal to 55 percent of the supplemental annuity of the annui-
tant and shall be payable to a surviving spouse to whom the annui-
tant was married at the time of reversion to retired status or
whom the annuitant subsequently married.
(2) The Director shall'issue regulations to provide for the applica-
tion of paragraph (1) of this subsection and of subsection 271(b) in
any case in which an annuitant has a former spouse who was mar-
ried to the participant at any time during a period of recall service
and who qualifies for an annuity under section 222(b).
(n) An annuity which is reduced under this section or any simi-
lar prior provision of law to provide a survivor benefit for a spouse
shall, if the marriage of the participant to such spouse is dissolved,
be recomputed and paid for each full month during which an annu-
itant is not married (or.is remarried if there is no election in effect
under the following sentence) as if the annuity had not been so re-
duced, subject to any reduction required to provide a survivor bene-
fit under section 222 (b) or (c). Upon remarriage the retired partici-
pant may irrevocably elect, by means of a signed writing received
by the Director within one year after such remarriage, to receive
during such marriage a reduction in annuity for the purpose of al-
lowing an annuity for the new spouse of the annuitant in the event
such spouse survives the annuitant..Such reduction shall be equal
to the reduction in effect immediately before the dissolution of the
previous marriage (unless such reduction is adjusted under section
222(b)(5)), and shall be effective the first .day of the first month be-
ginning one year after the date of remarriage. A survivor annuity
elected under this subsection shall be treated in all respects as a
survivor annuity under subsection (b).
(o) The Director shall, on an annual basis-
(1) inform each participant of his or her right of election
under subsections (f)(2) and (n); and
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(2) to the maximum extent practicable, inform spouses or
former spouses of participants or former participants of their
rights under this section and sections 222, 223, and 234 (c), (d),
and (e).
(p)(1) Notwithstanding any other provision of this title, except as
provided in paragraph (2), an annuity (including a disability annu-
ity) payable under this title to an individual described in section
301(c)(1) and any survivor annuity payable under this title on the
basis of the service of such individual shall be reduced in a manner
consistent with section 8349 of title 5, United States Code, under
conditions consistent with the conditions prescribed in such section.
(2) This section shall not apply with respect to any annuity, or
survivor annuity, which is based on the service of anrindividual de-
scribed in section 301(c)(2).
COMPUTATION OF ANNUITIES FOR FORMER SPOUSES
SEC. 222. (a)(1) Unless otherwise expressly provided by any spous-
al agreement or court order under section 263(b), a former spouse
of a participant or former participant is entitled to an annuity-
(A) if married to the participant throughout the creditable
service of the participant, equal to 50 percent of the annuity of
the participant; or
(B) if not married to the participant throughout such credita-
ble service, equal to a proportion of 50 percent of such annuity
which is the proportion that the number of days of the mar-
riage of the former spouse to the participant during periods of
creditable service of such participant under this title bears to
the total number of days of creditable service.
(2) A former spouse shall not be qualified for an annuity under
this subsection if before the commencement of that annuity the
former spouse remarries before becoming 60 years of age.
(3) The annuity of ,:a former spouse under this subsection com-
mences on the day the participant upon whose service the annuity
is based becomes entitled to an annuity under this title or on the
first day of the month after the divorce or annulment involved be-
comes final, whichever is later. The annuity of such former spouse
and the right thereto terminate on-
(A) the last day of the. month before the former spouse dies
or remarries before 60 years of age; or
(B) the date the annuity of the._ participant terminates
(except in the case of an annuity subject to paragraph 4(B)).
(4)(A) The annuity payable to any participant shall. be reduced by
the amount of an annuity under this subsection paid to any former
spouse based upon the service of that participant. Such_ reduction
shall be disregarded in calculating the survivor annuity for any
spouse, former spouse, or other survivor under this title, and in cal-
culating any reduction in the annuity of the participant to provide
survivor benefits under subsection (b) or section 221(b).
(B) If any annuitant whose annuity is reduced under subpara-
graph (A) is recalled to service under section 271, or reinstated or
reappointed, in the case of a recovered disability annuitant, or if
any annuitant is reemployed as provided for under sections 272
and 273, the salary of that annuitant shall be reduced by the same
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I ACT OF 1964 47
-
amount as the annuity would have been reduced if . it had contin-
ued. Amounts equal to the reductions under this subparagraph
shall be deposited in the Treasury of the United States to the
credit of the fund.
(5) Notwithstanding paragraph (3), in the case of any former
spouse of a disability annuitant-
(A) the annuity of that former spouse shall commence on the
date the participant would qualify on the basis of his or her
creditable service for an annuity under this title (other than a
disability annuity) or the date the disability annuity begins,
whichever is later, and
(B) the amount of the annuity of the former spouse shall be
calculated on the basis of the annuity for which the partici-
pant would otherwise so qualify.
(6) An annuity under this subsection shall be treated the same as
a survivor annuity under subsection (b) for purposes of section
221(g)(2) or any comparable provision of law.
(7) No spousal agreement or court order under section 263(b) in-
volving any participant may provide .for an annuity or any combi-
nation of annuities under this subsection which exceeds the annu-
ity of the participant. No such court order relating to an annuity
under this subsection may be given effect if it is issued more than
12 months after the date the divorce or annulment involved be-
comes final.
(b)(1) Subject to any election under section 221(b)(1)(C) and unless
otherwise expressly provided by any spousal agreement or court
order under section 263(b), if a former participant who is entitled
to receive an annuity is survived by a former spouse, the former
spouse shall be entitled to a survivor annuity-
(A) if married to the participant throughout the creditable
service of the participant, equal to 55 percent of the full
amount of the participant's annuity, as computed under sec-
tion 221(a), or
(B) if not married to the participant throughout such credita-
ble service, equal to a proportion of 55 percent of the full
amount of such annuity which is the proportion that the
number of days of the marriage of the former spouse to the
former participant during periods of creditable service of such
former participant under this title bears to the total number of
days of such creditable service.
(2) A former spouse shall not be qualified for an annuity under
this subsection if before the commencement of, that annuity the
former spouse remarries before becoming 60 years of age.
(3) An annuity payable from the fund under this title to a surviv-
ing former spouse under this subsection shall commence on the day
after the annuitant dies and shall terminate on the last day of the
month before the former spouse's death or remarriage before at-
taining age 60. If such a survivor annuity is terminated because of
remarriage, it shall be restored at the same rate commencing on
the date such remarriage is dissolved by death, annulment, or di-
vorce if any lump sum paid upon termination of the annuity is re-
turned to the fund.
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(4)(A) The maximum survivor annuity or combination of survivor
annuities under this section (and section 221(b)(3)) with respect to
any participant or former .participant may not exceed 55 percent of
the full amount of the participant's annuity,. as calculated under
section 221(a).
(B) Once a survivor annuity has.been provided under this subsec-
tion for any former spouse, a survivor annuity for another individ-
ual may thereafter be provided under this subsection (or section
221(b)(3)) with respect to a participant or former participant only
for that portion (if any) of the maximum available which is not
committed for survivor benefits for any former spouse whose pro-
spective right to such annuity has not terminated by reason of
death or remarriage.
(C) After the death of a participant or former participant, a court
order under section 263(b) may not adjust the amount of the annu-
,:ity:-of any former spouse under this section.
-` = ('5)(A) For each full month after a former spouse of a participant
or former participant dies or remarries before attaining age 60, the
annuity of the participant, if reduced to provide a survivor annuity
for that former spouse, shall be recomputed and paid as if the an-
nuity had not been so reduced, unless an election is in effect under
subparagraph (B).
(B) Subject to paragraph (4)(B), the participant may elect in writ-
ing within one year after receipt of notice of the death or remar-
riage of the former spouse to continue the reduction in order to
provide a higher survivor annuity under section 221(b)(3) for any
spouse of the participant.
(c)(1) In the case of any participant or former participant provid-
ing a survivor annuity benefit under subsection (b) for a former
spouse-
(A) such participant may elect, or
(B) a spousal agreement or court order under section 263(b)
may provide for,
an additional survivor annuity under this subsection for any other
former spouse or spouse surviving the participant, if the partici-
pant satisfactorily passes a physical examination as prescribed by
the Director.
(2) Neither the total amount of survivor annuity or annuities
under this subsection with respect to any participant or former
participant, nor the survivor annuity or annuities for any one sur-
viving spouse or former spouse of such participant under this sec-
tion or section 221, shall exceed 55 percent of the full amount of
the participant's annuity, as computed under section 221(a).
(3)(A) In accordance with regulations which the Director shall
prescribe, the participant involved may provide for any annuity
under this subsection-
(i) by a reduction in the annuity or an allotment from the
salary of the participant,
(ii) by a lump-sum payment or installment payments to the
fund, or
(iii) by any combination thereof.
(B) The present value of the total amount to accrue to the fund
under subparagraph (A) to provide any annuity under this subsec-
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tion shall be actuarially equivalent in value to such annuity, as cal-
culated upon such tables of mortality as may from time to time be
prescribed for this purpose by the Director.
(C) If a former spouse predeceases the participant or remarries
before attaining age 60 (or, in the case of a spouse, the spouse does
not qualify as a former spouse upon dissolution of the marriage)-
(i) if an annuity reduction or salary allotment under sub-
paragraph (A) is in effect for that spouse or former spouse, the
annuity shall be recomputed and paid as if it had not been re-
duced or the salary allotment terminated, as the case may be,
and
(ii) any amount accruing to the fund under subparagraph (A)
shall be refunded, but only to the extent that such amount
may have exceeded the actuarial cost of providing benefits
under this subsection for the period such benefits were provid-
ed, as determined under regulations prescribed by the Director.
(D) Under regulations prescribed by the Director, an annuity
shall be recomputed (or salary allotment terminated or adjusted),
and a refund provided (if appropriate), in a manner comparable to
that provided under subparagraph (C), in order to reflect a termi-
nation or reduction of future benefits under this subsection for a
spouse in the event a former spouse of the participant dies or re-
marries before attaining age 60 and an increased annuity is provid-
ed for that spouse in accordance with this section.
(4) An annuity payable under this subsection to a spouse or
former spouse shall commence on the day after the participant dies
and shall terminate on the last day of the month before the former
spouse's death or remarriage before attaining age 60.
(5) Section 291 shall not apply to any annuity under this subsec-
tion, unless authorized under regulations by the Director.
(d) Section 221(1) shall not apply-
(1) to any annuity payable under subsection (a) or (b) to any
former spouse if the amount of that annuity varies by reason
of a spousal agreement or court order under section 263(b), or
an election under section 221(b)(1)(B), from the amount which
would be calculated under subsection (a)(1) or (b)(1), as the case
may be, in the absence of such spousal agreement, court order,
or election; or
(2) to any annuity payable under subsection (c).
ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES
SEC. 223. (a) Any participant or former participant in the Central
Intelligence Agency Retirement and Disability System who on No-
vember 15, 1982, has a former spouse may, by a spousal agreement,
elect to receive a reduced annuity and provide a survivor annuity
for such former spouse under section 222(b).
(b)(1) If the participant or former participant has not retired
under such system on or before November 15, 1982, an election
under this section may be made at any time before retirement.
(2) If the participant or former participant has retired under
such system on or before November 15, 1982, an election under this
section may be made within such period after November 15, 1982,
as the Director may prescribe.
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(3) For the purposes of applying this Act, any such election shall
be treated in the same manner.as if it were a spousal agreement
under section 263(b).
(c) An election under this section may provide for a survivor ben-
efit based on all or any portion of that part of the annuity of the
participant which is not designated or committed as a base for sur-
vivor benefits for a spouse or any other former spouse of the partic-
ipant. The participant and his or her spouse may make an election
under section 221(b)(1)(B) prior to the time of retirement for the
purpose of allowing an election to be made under this section.
(d) The amount of the reduction in the participant's annuity
shall be determined in accordance with section 221(b)(2). Such re-
duction shall be effective as of-
(1) the commencing date of the participant's annuity, in the
case of an election under subsection (b)(1), or
(2) November 15, 1982, in the case of an election under sub-
section (b)(2).
SEC. 224. (a)(1) Any individual who was a former spouse of a par-
ticipant or former participant on November 15, 1982, shall be enti-
tled, to the extent of available appropriations, and except to the
extent such former spouse is disqualified under subsection (b), to a
survivor annuity equal to 55 per centum of the greater of-
(A) the full amount of the participant's or former partici-
pant's annuity, as computed under section 221(a); or
(B) the full amount of what such annuity as so computed
would be if the participant or former participant had not with-
drawn a lump-sum portion of contributions made with respect
to such annuity.
(2) A survivor annuity payable under this section shall be re-
duced by an amount equal to the amount of retirement benefits,
not including benefits under title II of the Social Security Act, re-
ceived by the former spouse which are attributable to previous em-
ployment of such former spouse by the United States.
(b) A former spouse shall not be entitled to a survivor annuity
under this section if-
(1) an election has been made with respect to such former
spouse under section 223;
(2) the former spouse remarries. before age fifty-five; or
(3) the former spouse is less than fifty years of age.
(c)(1) The entitlement of a former spouse to a survivor annuity
under this section-
(A) shall commence-
(s) in the case of a former spouse of a participant or
former participant who is deceased as of the effective date
of this section, beginning on the later of-
(I) the sixtieth day after such date; or
(II) the date such former spouse reaches age fifty;-
and
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(ii) in the case of any other former spouse, beginning on
the lastest 4 of-
(I) the date that the participant or former partici-
pant to whom the former spouse was married dies;
(II) the sixtieth day after the effective date of this
section; or
(III) the date such former spouse reaches age fifty;
and
(B) shall terminate on the last day of the month before the
former spouse's death or remarriage before attaining age fifty-
five.
(2)(A) A survivor annuity under this section shall not be payable
unless appropriate written application is provided to the Director,
complete with any supporting documentation which the Director
may by regulation require, within thirty months after the effective
date of this section.
(B) Upon approval of an application provided under subpara-
graph (A), the appropriate survivor annuity shall be payable to the
former spouse with respect to all periods before such approval
during which the former spouse was entitled to such annuity under
this section, but in no event shall a survivor annuity be payable
under this section with respect to any period before the effective
date of this section.
(d) The Director shall-
(1) as soon as possible, but not later than sixty days after the
effective date of this section, issue such regulations as may be
necessary to carry out this section; and
(2) to the maximum extent practicable, and as soon as possi-
ble, inform each individual who was a former spouse of a par-
ticipant or former participant on November '15, 1982, of any
rights which such individual may have under this section.
PART D-BENEFITS ACCRUING TO CERTAIN PARTICIPANTS
RETIREMENT FOR DISABILITY OR INCAPACITY-MEDICAL
EXAMINATION-RECOVERY
SEC. 231. (a) Any participant who has five years of service credit
toward retirement under the system, excluding military or naval
service that is credited in accordance with provisions of section 251
or 252(a)(2), and who becomes totally disabled .or incapacitated for
useful and efficient service by reason of disease, illness, or injury
not due to vicious habits, intemperance, or willful misconduct on
his part, shall, upon his own application or upon order of the Direc-
tor, be retired on an annuity computed as prescribed in section 221.
If the disabled or incapacitated participant is under sixty and has
less than twenty years of service credit toward his retirement
under the system at the time he is retired, his annuity shall be
computed on the assumption that he has had twenty years of serv-
ice, but the additional service credit that may accrue to a partici-
pant under this provision shall in no case exceed the difference be-
tween his age at the time of retirement and age sixty. Retirement
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for disability or incapacity may be approved only if the application
is submitted before the applicant is separated from the Agency or
within one year thereafter. This time limitation may be waived by
the Director for a participant or annuitant who at the date of sepa-
ration from the Agency or within one year thereafter is mentally
incompetent, if the application is filed with the Agency within one
year from the date of restoration of the participant or annuitant to
competency or the appointment of a fiduciary, whichever is earlier.
(b)(1) In each case, the participant shall be given a medical exam-
ination by one or more duly qualified physicians or surgeons desig-
nated by the Director to conduct examinations, and disability shall
be determined by the Director on the basis of the advice of such
physicians or surgeons. Unless the disability is permanent, like ex-
aminations shall be made annually until the annuitant has
reached the statutory mandatory retirement age for his grade as
provided in section 235. If the Director determines on the basis of
the advice of one or more duly qualified physicians or surgeons
conducting such examinations that an annuitant has recovered to
the extent that he can return to duty, the annuitant may apply for
reinstatement or reappointment in the Agency within. one year
from the date his recovery is determined. Upon application the Di-
rector may reinstate any such recovered disability annuitant in the
grade in which he was serving at time of retirement, or the Direc-
tor may, taking into consideration the age, qualifications, and expe-
rience of such annuitant, and the present grade of his contempo-
raries in the Agency, appoint him to a grade higher than the one
in which he was serving prior to retirement. Payment of the annu-
ity shall continue until a date one year after the date of examina-
tion showing recovery or until the date of reinstatement or reap-
pointment in the Agency, whichever -is earlier. Fees for examina-
tions under this provision, `together with reasonable traveling and
other expenses incurred in order to submit to examination, shall be
paid out of the fund. If the annuitant fails to submit to examina-
tion as required under this section, payment of the annuity shall
be suspended until continuance of the disability is satisfactorily es-
tablished.
(2) If the annuitant receiving disability retirement annuity is re-
stored to earning capacity, before becoming sixty years of age, pay-
ment of the annuity terminates on reemployment by the Govern-
ment or one year after the end of the calendar year in which earn-
ing capacity is restored, whichever is earlier. Earning capacity is
restored if in each of two succeeding calendar years the income of
the annuitant from wages or self-employment or both equals at
least 80 per centum of the current rate of pay of the position occu-
pied at the time of retirement.
(c)(1) If a recovered or restored disability annuitant whose annu-
ity is discontinued is for any reason not reinstated or reappointed
in the Agency, he shall be considered except for service credit to
have been separated within the meaning of paragraphs (a) and (b)
of section 234 as of the date of termination of the disability annuity
and he shall, after the discontinuance of the disability annuity, be
entitled to the benefits of that section or of section 241(a) except
that he may elect voluntary retirement in accordance with the pro-
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visions of section 233 if he can qualify under its provisions or he
may be placed by the Director in an involuntary retired status if
he qualifies under the provisions of section 235(a). Retirement
rights under this section shall be based on the provisions of this
title in effect as of the date the disability annuity was discontinued.
(2) If, based on a current medical examination, -the Director de-
termines that a recovered annuitant has, before reaching age sixty-
two, again become totally disabled due to recurrence of the disabil-
ity for which he was originally retired, his terminated disability
annuity (same type and rate) is reinstated from the date of such
medical examination. If a restored-to-earning-capacity annuitant
has not medically recovered from the disability for which retired
and establishes to the Director's satisfaction that his income from
wages and self-employment in any calendar year before reaching
age sixty-two was less than 80 per centum of the pay rate attached
to the position from which he retired, his terminated disability an-
nuity (same type and rate) is reinstated from the first of the next
following year. If he has been allowed an involuntary or voluntary
retirement annuity in the meantime, his reinstated disability an-
nuity is substituted for it unless he elects to retain the former ben-
efit.
(d) No participant shall be entitled to receive an. annuity under
this title and compensation for injury or disability to himself under
the Federal Employees' Compensation Act of September 7, 1916, as
amended (5 U.S.C. 751 et seq.) 5, covering the same period of time.
This provision shall not bar the right of any claimant to the great-
er benefit conferred by either Act for any part of the same period
of time. Neither this provision nor any provision of the said Act of
September 7, 1916, as amended, shall be so construed as to deny
the right of any participant to receive an annuity under this title
by reason of his own services and to receive concurrently any pay-
ment under such Act of September 7, 1916, as amended by reason
of the death of any other person.
(e) Notwithstanding any provision of law to the contrary, the
right of any person entitled to an annuity under this title shall not
be affected because such person has received an award of compen-
sation in a lump sum under section 14 of the Federal Employees'
Compensation Act of September 7, 1916, as amended (5 U.S.C.
764) 6, except that where such annuity is payable on account of the
same disability for which compensation under such section has
been paid, so much of such compensation as has been paid for any
period extended beyond the date such annuity becomes effective, as
determined by the Secretary of Labor, shall be refunded to the De-
partment of Labor, to be paid into the Federal employees' compen-
sation fund. Before such person shall receive such annuity he shall
(1) refund to the Department of Labor the amount representing
such commuted payments for such extended period, or (2) authorize
the deduction of such amount from the annuity payable to him
b The Federal Employees' Compensation Act of September 7, 1916, was repealed by the law
enacting title 5, United States Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and its pro-
visions were codified as chapter 81 of that title.
6 See footnote 4. The provisions of section 14 of the Federal Employees' Compensation Act of
September 7, 1916, were codified as section 8135 of that title. I
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under this title, which amount shall be transmitted to such Depart-
ment for reimbursement to such fund. Deductions from such annu-
ity may be made from accrued and accruing payments, or may be
prorated against and paid from accruing payments in such manner
as the Secretary of Labor shall determine, whenever he finds that
the financial circumstances of the annuitant are such as to war-
rant such deferred refunding.
SEC. 232. (a) In case a participant dies and no claim for annuity
is payable under the provisions of this title, his contributions to the
fund, with interest at the rates prescribed in sections 241(a) and
281(a), shall be paid in the order of precedence shown in section
241(b).
(b) If a participant who has at least eighteen months of service
credit toward retirement under the system, excluding military or
naval service that is credited in accordance with the provisions of
section 251 or 252(a)(2), dies before separation or retirement from
the Agency and is survived by a widow or a widower, as defined in
section 204, such widow or widower shall be entitled to an annuity
equal to 55 per centum of the annuity computed in accordance
with-the provisions of section 221(a), except that the computation of
the annuity of the participant under such section shall be at least
the smaller of (i) 40 per centum of the participant's average basic
salary, or (ii) the sum obtained under such section after increasing
the participant's service of the type last performed by the differ-
ence between his age at the time of death and age sixty. The annu-
ity of such widow or widower shall commence on the date following
death of the participant and shall terminate upon death or upon
remarriage prior to attaining age sixty of the widow or widower
(subject to the payment and restoration provisions of section
221(g)).
(c) If a participant who has at least five years of service credit
toward retirement under the system, excluding military or naval
service that is credited in accordance with the provisions of section
251 or 252(a)(2), dies before separation or retirement from the
Agency and is survived by a wife or a husband and a child or chil-
dren, each surviving child shall be entitled to an annuity computed
in accordance with the provisions of section 221(c)(1). The child's
annuity shall begin and be terminated in accordance with the pro-
visions of section 221(e). Upon the death of the surviving wife or
husband or termination of the annuity of a child, the annuities of
any remaining children shall be recomputed and paid as though
such wife or husband or child had not survived the participant.
(d) If a participant who has at least five years of service credit
toward retirement under the system, excluding military or naval
service that is credited in accordance with the provisions of section
251 or 252(a)(2), dies before separation or retirement from the
Agency and is not survived by a wife or husband, but by a child or
children, each surviving child shall be entitled to an annuity com-
puted in accordance with the provisions of section 221(c)(2). The
child's annuity shall begin and terminate in accordance with the
provisions of section 221(e). Upon termination of the annuity of a
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child, the annuities of any remaining.children shall be recomputed
and paid as though that child had never been entitled to the bene-
fit.
SEC. 233. Any participant in the system who is at least fifty years
of age and has rendered twenty years of service may on his own
application and with the consent of the Director be retired from
the Agency and receive benefits in accordance with the provisions
of section 221 provided he has not less than ten years of service
with the Agency of which at least five shall have been qualifying
service.
SEC. 234. (a) Subject to the limitations contained in subsections
(c), (d), and (e), any participant who separates from the Agency
after having performed not less than five years of service with the
Agency,- may, upon separation from the Agency or at any time
prior to becoming eligible for an annuity, elect to have his contri-
butions to the fund returned to him in accordance with the provi-
sions of section 241, or (except in cases where the. Director deter-
mines that separation was based in whole or in part on the ground
of disloyalty to the United States) to leave his contributions in the
fund and receive an annuity, computed as prescribed in section
221, commencing at the age of sixty-two years.
(b) If a participant who has qualified in accordance with the pro-
visions of paragraph (a) of this section to receive a deferred annuity
commencing at the age of sixty-two dies before reaching the age of
sixty-two his contributions to the fund, with interest, shall be paid
in accordance with the provisions of sections 241 and 281.
(c) Whenever a participant becomes separated from the Agency
without becoming eligible for an annuity or a deferred annuity
under this title and becomes entitled to receive a lump-sum pay-
ment under this section or section 241, a share of that lump-sum
payment shall be paid to any former spouse of the participant in
accordance with subsections (d) and (e).
(d) Unless otherwise expressly provided by any spousal agree-
ment or court order under section 263(b), the amount of a partici-
pant's or former participant's lump-sum credit under this section
or under section 241 payable to a former spouse of that participant
shall be-
(1) if the former spouse was married to the participant
throughout the period of creditable service of the participant,
50 percent of such lump-sum credit to which such participant
would be entitled in the absence of this subsection; or
(2) if such former spouse was not married to the participant
throughout such creditable service, an amount equal to a pro-
portion of 50 percent of such lump-sum credit which is the pro-
portion that the number of days of the marriage of the former
spouse to the participant during periods of creditable service of
such participant under this title bears to the total number of
days of such creditable service.
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Such lump-sum credit of the participant shall be reduced by the
amount of the lump-sum credit payable to the former spouse.
(e) A lump-sum payment under this section or section 241 of this
title may be paid by the Director to or for the benefit of a partici-
pant-
(1) only upon written notification by the Director to a cur-
rent spouse of the participant, if any; and
(2) only if the express written concurrence of that spouse has
been received by the Director.
MANDATORY RETIREMENT
SEC. 235. (a) The Director may in his discretion place in a retired
status any participant who has completed at least twenty-five years
of service, or who is at least fifty years of age and has completed at
least twenty years of service, provided such participant has not less
than ten years of service with the Agency of which at least five
shall have been qualifying service. If so retired, such participant
shall receive retirement benefits in accordance with the provisions
of section 221.
(b) Any participant in the system receiving compensation at the
rate of grade GS-18 or above shall be automatically separated from
the Agency upon reaching the age of sixty-five. Any participant in
the system receiving compensation at a rate less than grade GS-18
shall be automatically separated from the Agency upon reaching
the age of sixty. Such separation shall be effective on the last day
of the month in which a participant reaches age sixty or sixty-five,
as specified in this section, but whenever the Director shall deter-
mine it to be in the public interest, he may extend such partici-
pant's service for a period not to exceed five years. A participant
separated under the provisions of this section who has completed
five years of Agency service shall receive retirement benefits in ac-
cordance with the provisions of section 221 of this title.
SEC. 236. The number of participants retiring on an annuity pur-
suant to sections 233, 234, and 235 of this title shall not exceed a
total of four hundred during the period ending on June 30, 1969,
nor a total of twenty-one. hundred during the period beginning on
July 1, 1969, and ending on June 30, 1974, nor a total of fifteen
hundred during the period beginning on July 1, 1974, and ending
on June 30, 1979.
PART E-DISPOSITION OF CONTRIBUTIONS AND INTEREST IN EXCESS OF
BENEFITS RECEIVED
SEC. 241. (a) Whenever a participant becomes separated from the
Agency without becoming eligible for an annuity or a deferred an-
nuity in accordance with the provisions of this title, the total
amount of contributions from his salary with interest thereon at 4
per centum per annum to December 31, 1947, and 3 per centum per
annum thereafter compounded annually to December 31, 1956 (or,
in the case of a participant separated from the Agency before he
has completed five years of service, to the date of separation) and
proportionately for the period served during the year of separation
including all contributions made during or for such period, except
as provided in section 281, shall be returned to him.
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(b) In the event that the total contributions of a retired partici-
pant, other than voluntary contributions made in accordance with
the provisions of section 281, with interest at the rates provided in
paragraph (a) of this section added thereto, exceed the total
amount returned to such participant or to an annuitant claiming
through him, in the form of annuities, the excess of the accumulat-
ed contributions over the accumulated annuity payments shall be
paid in the following order of precedence, upon the establishment
of a valid claim therefor, and such payment shall be a bar to recov-
ery by any other person:
(1) To the beneficiary or beneficiaries designated by such
participant in a signed and witnessed writing received by the
Agency before his death. For this purpose, a designation,
change, or cancellation of beneficiary in a will or other docu-
ment not so executed and filed shall have no force or effect;
(2) If there be no such beneficiary to the surviving wife or
husband of such participant;
(3) If none of the above, to the child or children of such par-
ticipant and descendants of deceased children by representa-
tion;
(4) If none of the above, to the parents of such participant or
the survivor of them;
(5) If none of the above, to the duly appointed executor or
administrator of the estate of such participant;
(6) If none of the above, to other next of kin of such partici-
pant as may be determined by the Director in his judgment to
be legally entitled thereto.
(c) No payment shall be made pursuant to paragraph (b)(6) of this
section until after the expiration of thirty days from the death of
the retired participant or his surviving annuitant.
PART F-PERIOD OF SERVICE FOR ANNUITIES
COMPUTATION OF LENGTH OF SERVICE
SEC. 251. (a) For the purposes of this title, the period of service of
a participant shall be computed from the date he becomes a partici-
pant under the provisions of this title, but all periods of separation
from the Agency and so much of any leaves of absence without pay
as may exceed six months in the aggregate in any calendar year
shall be excluded, except leaves of absence while receiving benefits
under chapter 81 of title 5, United States Code, or any earlier stat-
ute on which such chapter is based, and leaves of absence granted
participants while performing active and honorable military or
naval service in the Army, Navy, Air Force, Marine Corps, or
Coast Guard of the United States. A participant or former partici-
pant who returns to Government duty after a period of separation
shall have included in his period of service that part of the period
of separation in which he was receiving benefits under chapter 81
of title 5, United States Code, or any earlier statute on which such
chapter is based.
(b) The Director of Central Intelligence may from time to time
establish, in consultation with the Secretary of State, a list of
places outside the United States which by reason of climatic or
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other extreme conditions are to be classed as unhealthful posts.
Each year of duty at such posts, inclusive of regular leaves of ab-
sence, shall be counted as one and a half years in computing the
length of service of a participant under this title for the purpose of
retirement, fractional months being considered as full months in
computing such service. No extra credit for service at such un-
healthful posts shall be credited to any participant who is paid a
differential under section 5925 or 5928 of title 5, United States
Code, for such service.
PRIOR SERVICE CREDIT
SEC. 252. (a) A participant may, subject to the provisions of this
section, include in his period of service-
(1) civilian service in the executive, judicial, and legislative
branches of the Federal Government and in the District of Co-
lumbia government, prior to becoming a participant; and
(2) active and honorable military or naval service in the
Army, Navy, Air Force, Marine Corps, or Coast Guard of the
United States prior to the date of the separation upon which
title to annuity is based or active and honorable service in the
Regular or Reserve Corps of the Public Health Service after
June 30, 1960, or as a commissioned officer of the National
Oceanic and Atmospheric Administration after June 30, 1961.
(b) A participant may obtain prior civilian service credit in ac-
cordance with the provisions of paragraph (a)(1) of this section by
making a special contribution to the fund equal to the percentage
of his basic annual salary for each year of service for which credit
is.sought specified with respect to such year in the table relating to
employees contained in section 4(c) of the Civil Service Retirement
Act (5 U.S.C. 2254(c)), together with interest computed as provided
in section 4(e) of such Act (5 U.S.C. 2254(e)) 7. Any such participant
may, under such conditions as may be determined in each instance
by the Director, pay such special contributions in installments.
(c)(1) If an officer or employee under some other Government re-
tirement system becomes a participant in the system by direct
transfer, the Government's contributions (including interest ac-
crued thereon computed at the rate of 3 per centum a year com-
pounded annually) under such retirement system on behalf of the
officer or employee shall be transferred to the fund and,such offi-
cer or employee's total contributions and deposits (including inter-
est accrued thereon), except voluntary contributions, shall be trans-
ferred to his credit in the fund effective as of the date such officer
or employee becomes a participant in the system. Each such officer
or employee shall be deemed to consent to the transfer of such
funds and such transfer shall be a complete discharge and acquit-
tance of all claims and demands against the other Government re-
tirement fund on account of service rendered prior to becoming a
participant in the system.
7 The Civil Service Retirement Act was repealed by the law enacting title 5, United States
Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter
83 of that title. The provisions of section 4(c) of that Act were codified as section 8334(c) of title
5, and the provisions of section 4(e) were codified as section 8334(e) of title 5.
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RETIREMENT ACT OF 1964 59
(2) If a participant in the system becomes an employee under an-
other Government retirement system by direct transfer to employ-
ment covered by such system, the Government's contributions (in-
cluding interest accrued thereon computed at the rate of 3 per
centum a year compounded annually) to the fund on his behalf
shall be transferred to the fund of the other system and his total
contributions and deposits, including interest accrued thereon,
except voluntary contributions, shall be transferred to his credit in
the fund of such other retirement system effective as of the date he
becomes eligible to -participate in such other retirement system.
Each such officer or employee shall be deemed to consent to the
transfer of such funds and such transfer shall be a complete dis-
charge and acquittance of all claims and demands against the fund
on account of service rendered prior to his becoming eligible for
participation in such other system.
(3) No participant, whose contributions are transferred to the
fund in accordance with the provisions of paragraph (c)(1) of this
section, shall be required to make contributions in addition to
those transferred for periods of service for which full contributions
were made to the other Government retirement fund, nor shall any
refund be made to any such participant on account of contributions
made during any period to the other Government retirement fund
at a higher rate than that fixed for employees by section 4(c) of the
Civil Service Retirement Act (5 U.S.C. 2254(c)) 8 for contributions to
the fund.
(4) No participant, whose contributions are transferred to the
fund in accordance with the provisions of paragraph (c)(1) of this
section, shall receive credit for periods of service for which a
refund of contributions has been made, or for which no contribu-
tions were made to the other Government retirement fund. A par-
ticipant may, however, obtain credit for such prior service by
making a special contribution to the fund in accordance with the
provisions of paragraph (b) of this section.
(d) No participant may obtain prior civilian service credit toward
retirement under the system for any period of civilian service on
the basis of which he is receiving or will in the future be entitled
to receive any annuity under another retirement system covering
civilian personnel of the Government.
(e) A participant may obtain prior military or naval service
credit in accordance with the provisions of paragraph (a)(2) of this
section by applying for it to the Director prior to retirement or sep-
aration from the Agency. However, in the case of a participant who
is eligible for and receives retired pay on account of military or
naval service, the period of service upon which such retired pay is
-based shall not be included; except that in the case of a participant
who is eligible for and receives retired pay on account of a service-
connected disability incurred in combat with an enemy of the
United States or caused by an instrumentality of war and incurred
in line of duty during a period of war (as that term is used in chap-
ter 11 of title 38, United States Code), or is awarded under chapter
67 of title 10 of the United States Code, the period of such military
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60 RETIREMENT ACT OF 1964
or naval service shall be included. No contributions to the fund
shall be required in connection with military or naval service cred-
ited to a participant in accordance with the provisions of para-
graph (a)(2) of this section.
(f) Notwithstanding any other provision of this section or section
253 any military service (other than military service covered by
military leave with pay) performed by a participant after Decem-
ber 1956 shall be excluded in determining the aggregate period of
service upon which an annuity payable under this title to such par-
ticipant or to his widow or child is to be based, if such participant
or widow or child is entitled (or would upon proper application be
entitled) at the time of such determination, to monthly old-age or
survivors' benefits under section 202 of the Social Security Act, as
amended (42 U.S.C. 402), based on such participant's wages and
self-employment income. If in the case of the participant or widow
such military service is not excluded under the preceding sentence,
but upon attaining age sixty-two, he or she becomes entitled (or
would upon proper application be entitled) to such benefits, the ag-
gregate period of service upon which such annuity is based shall be
redetermined, effective as of the first day of the month in which he
or she attains such age, so as to exclude such service.
(g) For the purpose of survivor annuity, special contributions au-
thorized by paragraph (b) of this section may also be made by the
survivor of a participant.
CREDIT FOR SERVICE WHILE ON MILITARY LEAVE
SEC. 253. (a) A participant who, during the period of any war, or
of any national emergency as proclaimed by the President or de-
clared by the Congress, has left or leaves his position to enter the
military service shall not be considered, for the purposes of this
title, as separated from his Agency position by reason of such mili-
tary service, unless he shall apply for and receive a refund of con-
tributions under this title: Provided, That such participant shall
not be considered as retaining his Agency position beyond Decem-
ber 31, 1956, or the expiration of five years of such military service,
whichever is later.
(b) Contributions shall not be required covering periods of leave
of absence from the Agency granted a participant while performing
active military or naval service in the Army, Navy, Air Force,
Marine Corps, or Coast Guard of the United States.
ESTIMATE OF APPROPRIATIONS NEEDED
SEC. 261. (a) The Director shall prepare the estimates of the
annual appropriations required to be made to the fund, and shall
cause to be made actuarial valuations of the fund at intervals of
five years, or oftener if deemed necessary by him.
(b) Any statute which authorizes-
(1) new or liberalized benefits payable from the fund under
this title, including annuity increases other than under section
291 of this Act;
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I nL i inunun' ACT OF 1964 61
(2) extension of the coverage of this title to new groups of
employees; or
(3) increases in salary on which benefits are computed is
deemed to authorize appropriations to the fund to finance the
unfunded liability created by that statute in thirty equal
annual installments with interest computed at the rate used in
the then most recent valuation of the System and with the
first payment thereof due as of the end of the fiscal year in
which each new or liberalized benefit, extension of coverage, or
increase in salary is effective.
(c) There is hereby authorized to be appropriated to the fund
each fiscal year, beginning with fiscal year 1977 such amounts as
may be necessary to meet the amount of normal cost for each year
which is not met by contributions under section 211(a).
(d) There is hereby authorized to be appropriated to the fund
each fiscal year such sums as may be necessary to provide the
amount equivalent to (1) interest on the unfunded liability comput-
ed for that year at the interest rate used in the then most recent
valuation of the System, and (2) that portion of disbursement for
annuities for that year which the Director estimates is attributable
to credit allowed for military service, not to exceed the following
percentages of such amounts: 70 per centum for 1977; 80 per
centum for 1978; 90 per centum for 1979; and 100 per centum for
1980 and for each fiscal year therafter.
INVESTMENT OF MONEYS IN THE FUND
SEC. 262. The Director may, with the approval of the Secretary of
the Treasury, invest from time to time in interest-bearing securi-
ties of the United States such portions of the fund as in his judg-
ment may not be immediately required for the payment of annu-
ities, cash benefits, refunds, and allowances, and the income de-
rived from such investments shall constitute a part of such fund.
ATTACHMENT OF MONEYS
SEC. 263. (a) Except as provided in subsection (b) of this section,
none of the moneys mentioned in this title shall be assignable
either in law or equity, or be subject to execution, levy, attach-
ment, garnishment, or other legal process.
(b) Payments under this title which would otherwise be made to
a participant or the child, survivor, or former spouse of a partici-
pant based upon the service of the participant shall be paid (in
whole or in part) by the Director directly to the participant, or
child, survivor, or former spouse of the participant according to the
terms of any legally enforceable spousal agreement or recognized
court decree of divorce, annulment, or legal separation between the
participant and that former spouse, or the terms of any recognized
court order or court-approved property settlement agreement inci-
dent to any such spousal agreement or court decree of divorce, an-
nulment, or legal separation. Any payment under this subsection
to a party to a spousal agreement, or court decree of divorce, an-
nulment, or legal separation or property settlement agreement in-
cident thereto shall bar recovery by any other person.
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RECOVERY OF PAYMENTS
SEC. 264. Recovery of payments under this Act may not be made
from an individual when in the judgment of the Director, the indi-
vidual is without fault and recovery would be against equity and
good conscience. Withholding or recovery of money mentioned by
this Act on account of a certification or payment made by a former
employee of the Central Intelligence Agency in the discharge of his
official duties may be made of the Director certifies that the certifi-
cation or payment involved fraud on the part of the former employ-
ee.
PART H-RETIRED PARTICIPANTS RECALLED, REINSTATED, OR
REAPPOINTED IN THE AGENCY, OR REEMPLOYED IN THE GOVERNMENT
RECALL
SEC. 271. (a) The Director may, with the consent of any retired
participant, recall such participant to duty in the Agency whenever
he shall determine such recall is in the public interest.
(b) Any such participant recalled to duty in the Agency in ac-
cordance with the provisions of paragraph (a) of this section or re-
instated or reappointed in accordance with the provisions of section
231(b) shall, while so serving, be entitled in lieu of his annuity to
the full salary of the grade in which he is serving. During such
service, he shall make contributions to the fund in accordance with
the provisions of section 211. When he reverts to his retired status,
his annuity shall be determined anew in accordance with the provi-
sions of section 221.
REEMPLOYMENT
SEC. 272. Notwithstanding any other provision of law, a partici-
pant retired under the provisions of this title shall not, by reason
of his retired status, be barred from employment in Federal Gov-
ernment service in any appointive position for which he is quali-
fied. An annuitant so reemployed shall serve at the will of the ap-
pointing officer.
REEMPLOYMENT COMPENSATION
SEC. 273. (a) Notwithstanding any other provision of law, any an-
nuitant who has retired under this title and who is reemployed in
the Federal Government service in any appointive position either
on a part-time or full-time basis shall be entitled to receive his an-
nuity payable under this title, but there shall be deducted from his
salary a sum equal to the annuity allocable to the period of actual
employment.
(b) In the event of any overpayment under this section, such
overpayment shall be recovered by withholding the amount in-
volved from the salary payable to such reemployed annuitant, or
from any other moneys, including his annuity, payable in accord-
ance with the provisions. of this title.
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PART I-VOLUNTARY CONTRIBUTIONS
SEC. 281. (a) Any participant may, at his option and under such
regulations as may be prescribed by the Director, deposit additional
sums in multiples of 1 per centum of his basic salary, but not in
excess of 10 per centum of such salary, which amounts together
with interest at 3 per centum per annum, compounded annually as
of December 31, and proportionately for the period served during
the year of his retirement, including all contributions made during
or for such period, shall, at the date of his retirement and at his
election, be-
(1) returned to him in lump sum;
(2) used to purchase an additional life annuity;
(3) used to purchase an additional life annuity for himself
and to provide for a cash payment on his death to a benefici-
ary whose name shall be notified in writing to the Director by
the participant; or
(4) used to purchase an additional life annuity for himself
and a life annuity commencing on his death payable to a bene-
ficiary whose name shall be notified in writing to the Director
by the participant with a guaranteed return to the beneficiary
or his legal representative of any amount equal to the cash
payment referred to in subparagraph (3) above.
(b) The benefits provided by subparagraphs (2), (3), or (4) of para-
graph (a) of this section shall be actuarially equivalent in value to
the payment provided for by subparagraph (a)(1) of this section and
shall be calculated upon such tables of mortality as may be from
time to time prescribed for this purpose by the Director.
(c) In case a participant shall become separated from the Agency
for any reason except retirement on an annuity, the amount of any
additional deposits with interest at 3 per centum per annum, com-
pounded as is provided in paragraph (a) of this section, made by
him under the provisions of said paragraph (a) shall be refunded in
the manner provided in section. 241 for the return of contributions
and interest in the case of death or separation from the Agency.
(d) Any benefits payable to a participant or to his beneficiary in
respect to the additional deposits provided under this section shall
be in addition to the benefits otherwise provided under this title.
PART J-COST-OF-LIVING ADJUSTMENT OF ANNUITIES
SEC. 291. (a) On the basis of determinations made by the Director
pertaining to per centum change in the Price Index, the following
adjustments shall be made:
(1) Each annuity payable from the fund under this title on Janu-
ary 1, 1967, shall be increased on that date by (a) 12.4 per centum
for annuities which commence on or before January 1, 1966, or (b)
4.9 per centum for annuities which commence on or between Janu-
ary 2, 1966, and January 1, 1967.
(2) Each month beginning with November 1966, the -Director
shall determine the per centum change in the price index. Effective
the first day.of the third month which begins after the price index
shall have equaled a rise of at. least 3 per centum for three consecu-
tive months over the price index for the base month, each annuity
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payable from the fund under this title which has a commencing
date not later than such effective date shall be increased by the per
centum rise in the price index (calculated on the highest level of
the price index during the three consecutive months) adjusted to
the nearest one-tenth of 1 per centum.
(b) Eligibility for an annuity increase under this section shall be
governed by the commencing date of each annuity payable from
the fund under this title as of the effective date of an increase,
except as follows:
(1) An annuity (except a discontinued service benefit under sec-
tion 234(a)) which-
(i) is payable from the fund under this title to a participant
who retires, or to the widow or widower of a deceased partici-
pant; and
(ii) has a commencing date after the effective date of the
then last preceding annuity increase under section 291(a);
shall not be less than the annuity which would have been payable
if the commencing date of such annuity had been the effective date
of the then last preceding annuity increase under section 291(a). In
the administration of this paragraph, a participant or deceased par-
ticipant shall be deemed, for the purposes of section 221(h), to have
to his credit, on the effective date of the then last preceding annu-
ity increase under section 291(a). A number of days of unused sick
leave equal to the number of days of unused sick leave to his. credit
on the date of his separation from the Agency.
(2) For the purpose of computing the annuity of a child under
section 221(c) that commences after October 31, 1969, the items
$900, $1,080, $2,700, and $3,240 appearing in section 221(c) shall be
increased by the total per centum increases allowed and in force
under this section on or after such day, and, in case of a deceased
annuitant, the items 60 per. centum and 75 per centum appearing
in section 221(c) shall be increased by the total per centum allowed
and in force to the annuitant under this section on or after such
day.
(3) The annuity of each surviving child receiving an annuity
under section 221 immediately prior to November 1, 1969, shall be
recomputed effective November 1, 1969, in accordance with para-
graph (b)(2). No increase allowed and in force prior to such date
under section 291 shall be included in the recomputation of any
such annuity, and this paragraph shall not operate to reduce any
annuity.
(4) For the purposes of computing an annuity which commences
after January 1, 1967, to a child under section 221(c), the items
$600, $720, $1,800, and $2,160 appearing in section 221(c) shall be
increased by 10.2 per centum plus the total per centum increase al-
lowed and' in force under section 291(a)(2) for employee annuities,
and, in the case of a deceased annuitant, the items 40 per centum
and 50 per centum appearing in section 221(c) shall be increased by
the total per centum increase allowed and in force under this sec-
tion to the annuitant at death; or if death occurred between Janu-
ary 1, 1967, and date of enactment, the per centum increase the an-
nuitant would have received.
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(c) Any annuity increased under this section shall be decreased
by the amount of increase in force and effect with respect to that
annuity under section 291 prior to the date of -enactment of this
subsection.
(d) The term "price index" shall mean the Consumer Price-Index
(all items-United States city average) published monthly by the
Bureau of Labor Statistics. The term "base month" shall mean the
month of October 1966 for the first increase under section 291(a)(2)
and thereafter the month for which the price index- showed a per
centum rise forming the basis for a cost-of-living annuity increase.
(e) No increase in annuity provided by this section shall be com-
puted on any-additional annuity purchased at retirement by volun-
tary contributions.
(f) The monthly installment of annuity after adjustment under
this section shall be fixed at the nearest dollar, except that such
installment shall, after adjustment, reflect an increase of at least
$1.
PART K-CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM
AUTHORITY TO MAINTAIN EXISTING AREAS OF CONFORMITY BETWEEN
CIVIL SERVICE AND CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEMS
SEC. 292. (a) Whenever the President determines that it would be
appropriate for the purpose of maintaining existing conformity be-
tween the Civil Service Retirement and Disability System and the
Central Intelligence Agency Retirement and Disability System with
respect to substantially identical provisions, he may, by Executive
order, extend to current or former participants in the Central In-
telligence Agency Retirement and Disability System, or to their
survivors, a provision of law enacted after January 1, 1975, which:
(1) amends subchapter III, chapter 83, title 5, United States
Code, and is applicable to civil service employees generally, or
(2) otherwise affects current or former participants in the
Civil Service Retirement and Disability System, or their survi-
vors.
Any such order shall extend such provision of law so that it applies
in like manner with respect to such Central Intelligence Agency
Retirement and Disability System participants, former partici-
pants, or survivors. Any such order 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 provision of law appli-
cable to employees under the Civil Service Retirement System.
(b) Any provisions of an Executive order issued pursuant to this
section shall modify, supersede, or render inapplicable, as the case
may be, to the extent inconsistent therewith-
(1) all provisions of law enacted prior to the effective date of
the provision of such Executive order, and
(2) any prior provision of an Executive order issued under
authority of this section.
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bb RETIREMENT ACT OF 1964
THRIFT SAVINGS FUND PARTICIPATION BY PARTICIPANTS IN THE
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 293. (a) Participants in the Central Intelligence Agency Re-
tirement and Disability System shall be deemed to be employees
for the purposes of section 8351 of title 5, United States Code.
(b) Subsections (k) and (m) of section 8461 of title 5, United States
Code, shall apply with respect to contributions made by officers
and employees of the Agency to the Thrift Savings Fund under sec-
tion 8351 of such title, and to earnings attributable to the invest-
ment of such contributions.
ALTERNATIVE FORMS OF ANNUITIES
SEC. 294. (a) The Director shall prescribe regulations under which
an officer or employee of the Agency may, at the time of retiring
under this title (other than under section 231), elect annuity bene-
fits under this section instead of any other benefits under this title
(including any survivor benefits under this title) based on the serv-
ice of the officer or employee creditable under this title. The regu-
lations and alternatives shall, to the maximum extent practicable,
meet the requirements prescribed in section 8343a of title 5, United
States Code.
(b) Notwithstanding any other provision of law, any lump-sum
credit provided pursuant to an election under subsection (a) shall
not preclude an individual from receiving other benefits provided
under such subsection.
(c) The Director shall submit the regulations prescribed under
subsection (a) to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives before the regulations take effect.
TITLE III-PARTICIPATION IN THE FEDERAL EMPLOYEES'
RETIREMENT SYSTEM
APPLICATION OF FEDERAL EMPLOYEES' RETIREMENT SYSTEM TO AGENCY
EMPLOYEES
SEC. 301. (a) Except as provided in subsections (b) and (c), all offi-
cers and employees of the Agency, any of whose service after De-
cember 31, 1983, is employment for the purpose of title II of the
Social Security Act and chapter 21 of the Internal Revenue Code of
1954, .shall be subject to chapter 84 of title 5, United States Code.
(b) Participants in the Central Intelligence Agency Retirement
and Disability System who were participants in such system on or
before December 31, 1983, and who have not had a break in service
in excess of 1 year since that date, are not subject to chapter 84 of
title 5, United States Code, without regard to whether they are sub-
ject to title II of the Social Security Act.
(c)(1) The provisions of chapter 84 of title 5, United States Code,
shall not apply with respect to-
(A) any individual who separates, or who has separated, from
Federal Government service after having been an officer or
employee of the Agency subject to title II of this Act; and
(B) any officer or employee of the Agency having at least 5
years of civilian service which was performed before January
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1, 1987, and is creditable under title II of this Act (determined
without regard to any deposit or redeposit requirement under
subchapter III of chapter 83 of title 5, United States Code, or
under title II of this Act, or any requirement that the individ-
ual become subject to such subchapter or to title II of this Act
after performing the service involved).
(2) Paragraph (1) shall not apply with respect to an individual
who has elected under regulations prescribed under section 307 of
this Act to become subject to chapter 84 of title 5, United States
Code to the extent provided in such regulations.
(3) An. individual described in paragraph (1) shall be deemed to
be an individual excluded under section 8402(b)(2) of title 5, United
States Code.
(d) The application of the provisions of chapter 84 of title 5,
United States Code, to officers and employees referred to in subsec-
tion (a) shall be subject to the exceptions and special rules provided
in this title. Any provision of such chapter which is inconsistent
with a special rule provided in this title shall not apply to such of-
ficers and employees.
SPECIAL RULES RELATING TO SECTION 203 CRITERIA EMPLOYEES
SEC. 302. (a) Except as otherwise provided in this section, in the
application of chapter 84 of title 5, United States Code, to an officer
or employee of the Agency who is subject to such chapter and is
designated by the Director under the criteria prescribed in section
203, such officer or employee shall be treated for purposes of deter-
mining such officer's or employee's retirement benefits and obliga-
tions under such chapter as if the officer or employee were a law
enforcement officer (as defined in section 8401(17) of title 5, United
States Code).
(b) The provisions of sections 233 and 235 of this Act shall apply
to officers and employees referred to in subsection (a), except that
the retirement benefits shall be determined under the provisions of
chapter 84 of title 5, United States Code.
(c)(1) Except as provided in paragraph (2), section 271 of this Act
shall apply to an officer or employee referred to in subsection (a).
(2) Contributions during recall service shall be made as provided
in section 8422 of title 5, United States Code.
(3) When an officer or employee recalled under this subsection
reverts to a retired status, the annuity of such officer or employee
shall be redetermined under the provisions of chapter 84 of title 5,
United States Code.
SPECIAL RULES FOR OTHER EMPLOYEES FOR SERVICE ABROAD
SEC. 303. (a) Notwithstanding any provision of chapter 84 : of title
5, United States Code, the annuity under subchapter II of such
chapter of a retired officer or employee of the Agency who is not
designated under section 302(a) of this Act and has served abroad
as an office or employee of the Agency shall be computed as provid-
ed in subsection (b).
(b)(1) The portion of the annuity relating to service abroad per-
formed on or after the effective date of the Federal Employees' Re-
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68 RETIREMENT ACT OF 1964
tirement System Act of 1986 shall be compu
tion 8415(d) of title 5, United States Code.
(2) The ortions of the annuit relatin t
p y g
Agency shall be computed as provided in th
t 8415 of such title that is applicable to such sE
'
Ions prescribed in chapter 84 of such title.
ted as provided in sec-
o other service in the
e provision of section
SPECIAL RULES FOR FORMER SPOUSES
SEC. 304. (a) Section 8445 of title 5, United States Code, and sub-
sections (d) and (e) of section 8435 of such title shall not apply in
the case of an officer or employee of the Agency who is subject to
chapter 84 of title 5, United States Code, and who has a former
spouse (as defined in section 204(b)(4) of this Act). Any reference in
such chapter to a survivor annuity for a former spouse, as applied
to such officer or employee, shall be deemed to refer to a survivor
annuity for a former spouse of such officer or employee provided
under subsection (c) of this section.
(b) Section 221(b)(1)(C) of this Act shall apply to a survivor annu-
ity under subsection (c)(2) of this section.
(c) Except as otherwise provided in this section, the following
provisions of title II of this Act shall apply in the case of an officer
or employee of the Agency who is entitled to receive an annuity
under subchapter II, III, or V of chapter 84 of title 5, United States
Code, in the same manner as such provisions apply in the case of
an officer or employee of the Agency under title II:
(1) Section 222, except that subsections (b) and (c) of such sec-
tion shall be subject to a waiver under subsection (b) of this
section.
(2) Subsections (a), (b)(1), and (b)(3) of section 223 and the
first sentence of subsection (c) of such section.
(3) Subsections (c) and (d) of section 234 (in the case of any
lump-sum payment under section 8424(a) of title 5, United
States Code, and any payment under subsection (b)(3), (b)(4),
(c)(3), (c)(4), or (d) of section 8433 of such title).
(4) Section 263(b).
(d) In the application of section 222(a) under subsection (c)(1)-
(1) the reference in paragraph (4)(B) of such section to section
271, 272, or 273 of this Act shall be deemed to refer to any
similar provision of law applicable to such officer or employee
for purposes of chapter 84 of title 5, United States Code;
(2) the amount of the reduction in the salary of a recalled or
reinstated officer or employee under such paragraph (4)(B)
shall be only the amount by which the annuity under subchap-
ter II or V of chapter 84 of title, 5, United States Code, would
have been reduced; and
(3) amounts to be deposited in the Treasury of the United
States pursuant to such paragraph (4)(B) shall be credited to
the Civil Service Retirement and Disability Fund.
(e) In the application of subsections (b) and (c) of section 222
under subsection (c)(2)-
(1) the percentage prescribed in subsections (b)(1)(A), (b)(1)(B),
(b)(4)(A), and (c)(2) of such section shall be deemed to be 50 per-
cent;
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(2) for the purpose of computing the amount of the former
spouse's annuity under subsection (b)(1) of such section and the
maximum amount of survivor annuities under subsection (b)(4)
or (c)(2) of such section, the full amount of the deceased offi-
cer's or employee's annuity-
(A) in the case of an annuity under subchapter II or V of
chapter 84 or title 5, United States Code, is the amount of
such annuity computed without regard to the reduction for
survivor annuities; and
(B) in the case of an annuity under subchapter III of
such chapter, is the amount of such annuity computed on
an actuarial basis as provided in such subchapter taking
into account the application of section 222(b)(1) in the case
of such annuity;
(3) an election under subsection (b)(5)(B) of such section shall
apply with respect to a survivor annuity for a spouse under
section 8442 of title 5, United States Code;
(4) the reference in subsection (c)(2) of such section to a survi-
vor annuity for a spouse shall be deemed to refer-
(A) in the case of an annuity under subchapter II or V of
chapter 84 of title 5, United States Code;--to the -survivor
annuity provided in section 8442 of title 5, United States
Code; and
(B) in the case of an annuity under subchapter III of
such chapter, to the survivor annuity described in section
8435(c) of such title; and
(5) the fund referred to in subsections (c)(3)(A) and (c)(3)(B) of
such section shall be deemed to refer-
(A) in the case of an annuity under subchapter II or V of
chapter 84 of title 5, United States Code, to the Civil Serv-
ice Retirement and Disability Fund; and
(B) in the case of an annuity under subchapter II of such
chapter, the Thrift Savings Fund established by section
8437 of such title.
(f) A reduction in the annuity of an officer or employee of the
Agency to provide a survivor annuity or survivor annuities under
this section shall be computed as provided in section 8419(a) of title
5, United States Code.
(g) The entitlement of a former spouse to a portion of an annuity
of a retired officer or employee of the Agency under this section
shall extend to any supplemetary annuity payment that such offi-
cer or employee is entitled to receive under section 8421 of title 5,
United States Code.
ADMINISTRATIVE PROVISIONS
SEC. 305. (a) Section 201(c) of this Act shall apply in the adminis-
tration of chapter 84 of title 5, United States Code, with respect to
officers and employees of the Agency.
(b) Notwithstanding subsection (a), section 8461(e). of title 5,
United States Code, shall apply with respect to officers and employ-
ees of the Agency who are not participants in the Central Intelli-
gence Agency Retirement and Disability System and are not desig-
nated under section 302(a) of this Act.
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REGULATIONS
SEC. 306. (a) The Director, in consultation with the Director of
the Office of Personnel Management and the Executive Director of
the Federal Retirement Thrift Investment Board, shall prescribe in
regulations appropriate procedures to carry out this title.
(b) the Director shall submit the regulations prescribed under
subsection (a) to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives before the regulations take effect.
TRANSITION PROVISIONS
SEC. 307. (a) The Director shall issue regulations providing for
the transition from the Central Intelligence Agency Retirement
and Disability System to the Federal Employees' Retirement
System provided in chapter 84 of title 5, United States Code, in a
manner consistent with sections 301 through 304 of the Federal
Employees' Retirement System Act of 1986.
(b) The Director shall submit the regulations prescribed under
subsection (a) to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives before the regulations take effect.
Laws and Executive Orders Modifying the Central Intelligence
Agency Retirement and Disability System
(Act of October 17, 1976, 90 Stat. 2472, 50 U.S.C. 403 note)
SEC. 214. (a) An annuity payable from the Central Intelligence
Agency Retirement and Disability Fund to an annuitant which is
based on a separation occurring prior to October 20, 1969, is in-
creased by $240 per annum.
(b) In lieu of any increase based on an increase under subsection
(a) of this section, an annuity payable from the Central Intelligence
Agency Retirement and Disability Fund to the surviving spouse of
an annuitant, which is based on a separation occurring prior to Oc-
tober 20, 1969, shall be increased by $132 per annum.
(c) The monthly rate of an annuity resulting from an increase
under this section shall be considered as the monthly rate of annu-
ity payable under section 221(a) of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees, as amended (78
Stat. 1043; 50 U.S.C. 403 note) for purposes of computing the mini-
mum annuity under new section 221(1) of the Act, as added by sec-
tion 204 of this Act.
EXECUTIVE ORDER No. 11950. CONFORMING CENTRAL INTELLIGENCE AGENCY AND
CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS RESPECTING COST OF LIVING
ADJUSTMENTS
(January 6, 1977, 42 F.R. 1451, 50 U.S.C. 403 note)
By virtue of the authority vested in me by section 801(c) of the Department of
Defense Appropriation Authorization Act, 1977 (90 Stat. 929; 10 U.S.C. 1401a note),
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section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees (90 Stat. 2472; 50 U.S.C. 403 note), and as President of the United States
of America, it is hereby ordered as follows:
SECTION 1. The Director of Central Intelligence shall:
(a) on January 1 of each year, or within a reasonable time thereafter, deter-
mine the percent change in the price index published for December of the pre-
ceding year over the price index published for June of the preceding year, and
(b) on July 1 of each year, or within a reasonable time thereafter, determine
the percent change in the price index published for June of such year over the
price index published for December of the preceding year.
SEC. 2. If in any year the percent change determined under either section 1(a) or
1(b) indicates a rise in the price index then:
(a) effective March 1 of such year, in the case of an increase under section
1(a), each annunity payable from the Central Intelligence Agency Retirement
and Disability Fund having a commencing date not later than such March 1
shall be increased by the percent change computed under such paragraph ad-
justed to the nearest 1/1o of 1 percent, or
(b) effective September 1 of such year, in the case of an increase under section
1(b), each annuity payable from the Central Intelligence Agency Retirement
and Disability Fund having a commencing date not later than such September 1
shall be increased by the percent change computed under such paragraph, ad-
justed to the nearest 1/io of 1 percent.
SEC. 3. The changes made by sections 1 and 2 of this order shall apply to any in-
crease in annuities after October 1, 1976, except that with respect to the first date
after October 1, 1976 on which the Director is to determine a percent change, such
percent change shall be determined by computing the change in the price index
published for the month immediately preceding such first date over the price index
for the month immediately prior to October 1, 1976 for which the price index
showed a percent rise forming the basis of a cost of living annuity increase under
section 291(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, as in effect immediately prior to October 1, 1976.
EXECUTIVE ORDER No. 12023. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND
CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS
(December 1, 1977, 42 F.R. 61443, 50 U.S.C. 403 note)
By virtue of the authority vested in me by Section 202 of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees (90 Stat. 2472; 50 U.S.C. 403
note), and as President of the United States of America, it is hereby ordered as fol-
lows:
SECTION 1. The Director of Central Intelligence, hereafter referred to as the direc-
tor, shall maintain the Central Intelligence Agency Retirement and Disability
System and the Ceneral Intelligence Agency Retirement and Disability Fund, here-
after referred to as the Fund, in accordance with the following principles:
(a) None of the moneys mentioned in the Central Intelligence Agency Retirement
Act of 1964 for Certain Employees, as amended (78 Stat. 1043, as amended; 50 U.S.C.
403 note), shall be assignable, either in law or equity, except under the provisions of
subsection (b) of this Section, or subject to execution, levy, attachment, garnishment,
or other legal process, except as otherwise may be provided by Federal laws.
(b) An individual entitled to an annuity from the Fund may make allotments or
assignments of amounts of such annuity for such purposes as the Director in his
sole discretion considers appropriate.
(c) No payment shall be made from the Fund unless an application for benefits
based on the service of the participants is received by the Director before the one
hundred and fifteenth anniversary of the participant's birth.
(d) Notwithstanding the provisions of subsection (c) of this Section, after the death
of a participant or annuitant, no benefit based on the service of such person shall be
paid from the Fund unless an application therefore is received by the Director
within 30 years after the death or other event which gives rise to title to benefit.
(e) Sums deducted from the salaries pursuant to Section 273 of the Central Intelli-
gence Agency Retirement Act of 1964 for Certain Employees (78 Stat. 1053; 50
U.S.C. 403 note) shall be deposited in the Treasury of the United States to the credit
of the Fund.
SEC. 2. The provisions of this Order are effective as follows:
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is KLIIKLMLNT ACT OF 1964
(a) The provisions of sections 1(a) and 1(b) are effective as of December 23, 1975.
(b) The provisions of sections 1(c) and 1(d) are effective as of December 31, 1975.
(c) The provisions of section 1(e) are effective as of October 1, 1976, and shall apply
to annuitants serving in appointed positions on and after that date.
SEC. 3. The Director of Central Intelligence is authorized to prescribe such regula-
tions as are necessary to carry out the provisions of this Order.
JIMMY CARTER.
EXECUTIVE ORDER 12197. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
(March 5, 1980, 50 U.S.C. 403 note)
By the authority vested in me as President of the United States of America by
Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, as amended (50 U.S.C. 403 note), and in order to conform the Central
Intelligence Agency Retirement and Disability System to certain amendments to the
Civil Service Retirement and Disability System (Public Law 95-317 and Public Law
95-366), it is hereby ordered as follows:
1-101. The Director of Central Intelligence shall maintain the Central Intelligence
Agency Retirement and Disability System in accordance with the following princi-
ples:
(a) The automatic restoration of the reduction in the annuity of the annuitant
upon his or her remarriage shall be eliminated and the annuitant shall be al-
lowed to elect, upon such remarriage, whether to provide a survivor annuity for
the new spouse. The annuitant's election shall be irrevocable during the remar-
riage, and must be made in a signed writing and received by the Director
within one year after the date of the remarriage. If the annuitant makes such
an election, his or her annuity shall be reduced by the same percentage reduc-
tion which was in effect immediately before the dissolution of the previous mar-
riage, and such reduction shall take effect on the first day of the month begin-
ning one year after the date of the remarriage.
(b) The reduction in the annuity of an annuitant shall be restored when a
person designated as having an insurable interest in the annuitant predeceases
the annuitant. Payment of the annuity at the single-life rate shall be effective
the first day of the month following the death of the individual designated as
having had the insurable interest.
(c) An annuitant who was unmarried at the time of retirement but who mar-
ries after retirement shall be allowed to irrevocably elect, in a signed writing
received by the Director within one year after the date of the marriage, a reduc-
tion in his or her annuity to provide a survivor annuity for his or her spouse.
Such reduction shall be effective the first day of the month beginning one year
after the date of marriage. An election to provide an annuity to a surviving
spouse made under this provision, voids prospectively any previous election to
provide a survivor annuity to an individual named as having an insurable inter-
est in the annuitant. Since the annuity reduction for the benefit of a surviving
spouse will not take effect until the first day of the month beginning one year
after the date of the marriage, any annuity reduction in effect for an insurable
interest benefit will not terminate until such date.
(d) Each annuitant shall be informed, on an annual basis, of such annuitant's
rights of election under this Order.
(e) Payments to an annuitant which are based upon his or her service shall be
paid, in whole or in part by the CIA Retirement and Disability System to an-
other person if and to the extent expressly provided for in the terms of any
court decree of divorce, annulment, or legal separation, or the terms of any
court order or court-approved property settlement agreement incident to any
court decree of divorce, annulment, or legal separation. Any payment under
this provision to a person bars recovery by any other person. This provision
shall only apply to payments made after the date of receipt by the Director of
written notice of such decree, order, or agreement, and such additional informa-
tion and documentation as the Director may prescribe. As used in this subsec-
tion "court" means any court of any State or the District of Columbia.
1-102. (a) The provisions of Section 1-101(a) are effective as of October 1, 1978,
and shall apply with respect to annuities which commence before, on, or after Octo-
ber 1, 1978. No monetary benefit by reason of such provision shall accrue for any
period before such effective date. The provisions of Section 1-101(a) of this Order
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shall not affect the eligibility of any individual to a survivor annuity in the case of
an annuitant who remarried before October 1, 1978, unless the annuitant notifies
the Director in a signed writing received by the Director no later than December 31,
1980, that such annuitant does not desire the spouse of the annuitant to receive a
survivor annuity in the event of the annuitant's death. Such notification shall take
effect the first day of the first month after it is received by the Director.
(b) The provisions of Section 1-101(b) and (c) are effective as of October 1, 1978,
and shall apply with respect to annuities which commence before, on, or after Octo-
ber 1, 1978. No monetary benefit by reason of such provisions shall accrue for any
period before such effective date.
(c) The provisions of Section 1-101 (d) and (e) are effective immediately.
1-103. The Director of Central Intelligence is authorized to prescribe such regula-
tions as are necessary to carry out the provisions of this Order.
EXECUTIVE ORDER 12253. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
(November 25, 1980, 50 U.S.C. 403 Note)
By the authority vested in me as President of the United States of America by
Section 292 for Certain Intelligence Agency Retirement Act of 1964 for Certain Em-
ployees, as amended (50 U.S.C. 403 note), and in order to conform the Central Intel-
ligence Agency Retirement and Disability System to certain amendments to the
Civil Service Retirement and Disability System (Public Law 96-179), it is hereby or-
dered as follows:
1-101. The Director of Central Intelligence shall maintain the Central Intelligence
Agency Retirement and Disability system in accordance with the following:
(a) Eliminate the "living with" requirement in the case of recognized natural chil-
dren.
(b) Add a requirement of dependency to the definition of child and define "depend-
ent" as follows: "Dependent," in the case of any child, means that the participant
involved was, at the time of the participant's death, either living with or contribut-
ing to the support of such child, as determined in accordance with such regulations
as the Director shall prescribe.
1-102. The provisions of Section 1-101 are effective as of January 2, 1980.
1-103. The Director of Central Intelligence is authorized to prescribe such regula-
tions as are necessary to carry out the provisions of this Order.
JIMMY CARTER.
EXECUTIVE ORDER 12273. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
(January 16, 1981, 5 U.S.C. 403 Note)
By the authority vested in me as President of the United States of America by
Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, as amended (50 U.S.C. 403 note), and in order to further conform the
Central Intelligence Agency Retirement and Disability System to certain amend-
ments to the Civil Service Retirement and Disability System, it is hereby ordered as
follows:
1-101. Section 291(b) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended (a) by striking
out paragraph (1) thereof, and (b) by inserting in lieu thereof the following:
"(1) The fast cost-of-living increase (if any) made to an annuity which is payable
from the Central Intelligence Agency Retirement and Disability Fund to a partici-
pant who retires, or to the widow or widower of a deceased participant, shall be
equal to the product (adjusted to the nearest of I& of one percent) of:
a. I/s of the applicable percent change computed under subsection (a) of this Sec-
tion, multiplied by
b. the number of full months for which the annuity was payable from the Fund
before the effective date of the increase (counting any portion of a month as a full
month)."
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1-102. The amendment made by subsection 1-101(a) hereof shall apply with re-
spect to annuities commencing after January 19, 1981.
EXECUTIVE ORDER 12326. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
(September 30, 1981, 5 U.S.C. 403 Note)
By the authority vested in me as President of the United States of America by
Section 292 of the Central Intelligence Agency Retirement Act of 1964 for certain
Employees, as amended (50 U.S.C. 403 note), and in order to conform further the
Central Intelligence Agency Retirement and Disability System to certain amend-
ments in the Civil Service Retirement and Disability System, it is hereby ordered as
follows:
SECTION 1. Section 221(bXl) of the Central Intelligence Agency Retirement Act of
1964 for Certain Employees, as amended, shall be deemed to be amended by insert-
ing the following after the last sentence of that paragraph:
Any written notification (or designation) by any participant under this section
shall not be considered valid unless the participant establishes to the satisfaction of
the Director (a) that the spouse has been notified of the loss of or reduction in survi-
vor benefits or (b) that the participant has complied with such notification require-
ments as the Director shall, by regulation, prescribe."
SEC. 2. Section 231(a) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended by deleting the
first sentence thereof, and inserting in lieu thereof the following:
"Any participant who has five years of service credit toward retirement under the
system, excluding military or naval service that is credited in accordance with pro-
visions of section 251 or 252(a)(2) and who has become disabled shall, upon his own
application or upon order of the Director, be retired on an annuity computed as pre-
scribed in section 221. A participant shall be considered to be disabled only if the
participant is found by the Director to be unable, because of disease or injury, to
render useful and efficient service in the participant's position and is not qualified
for reassignment, under procedures prescribed by the Director, to a vacant position
which is in the Agency at the same grade or level and in which the participant
would be able to render useful and efficient service."
SEC. 3. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees, as amended, shall be deemed to be amended by inserting after
subsection (1) thereof the following new subsection:
"(m) If a participant retiring under section 231 of this Act is receiving retired pay
or retainer pay for military service (except that specified in section 252(e)) or Veter-
ans Administration pension or compensation in lieu of such retired or retainer pay,
the annuity of that participant shall be computed under subsection (a) of this sec-
tion, excluding credit for such military service from that computation. If the
amount of the annuity so computed, plus the retired or retainer pay which is re-
ceived, or which would be received but for the application of the limitation in Sec-
tion 5532 of Title 5 of the United States Code, or the Veterans Administration pen-
sion or compensation in lieu of such retired or retainer pay, is less than the annuity
that would otherwise by payable under Section 231, an amount equal to the differ-
ence shall be added to the annuity payable under subsection (a) of this Section."
SEC. 4. Section 291(a) and (b)(1) of the Central Intelligence Agency Retirement Act
of 1964 for Certain Employees, as amended, shall be deemed to be amended to read
as follows:
"(a) On the basis of determination made by the Director pertaining to per centum
change in the Price Index, the following adjustments shall be made:
"(1) Except as provided in subsection (b) of this Section, effective March 1 of each
year each annuity payable from the Fund having a commencing date not later than
such March 1 shall be increased by the percent change in the Price Index published
for December of the preceding year, adjusted to the nearest one-tenth of one per-
cent.
"(b) Eligibility for an annuity increase under this Section shall be governed by the
commencing date of each annuity payable from the Fund as of the effective date of
an increase, except as follows:
"(1) The first cost-of-living increase (if any) made under subsection (a) of this Sec-
tion to an annuity which is payable from the Fund to a participant who retires or to
the widow or widower of a deceased participant whose annuity has not been in-
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RETIREMENT ACT OF 1964 75
creased under this subsection or subsection (a) of this Section, shall be equal to the
product (adjusted to the nearest one-tenth of one percent) of-
(A) one-twelfth of the applicable percent change computed under subsection
(a) of this Section, multiplied by
(B) the number of months (counting any portion of a month as a month)-
(i) for which the annuity was payable from the Fund before the effective
date of the increase, or
(ii) in the case of a widow or widower of a deceased annuitant whose an-
nuity was first payable to the deceased annuitant."
SEC. 5. For the purpose of ensuring the accuracy of information used in the ad-
ministration of the Central Intelligence Agency Retirement and Disability System,
the Director of Central Intelligence may request, from the Secretaries of Defense,
Health and Human Services, and Labor, and the Administrator of Veterans Affairs,
such information as the Director deems necessary. To the extent permitted by law:
(a) The Secretary of Defense or the Secretary's designee shall provide information
on retired or retainer pay provided under Title 10 of the United States Code;
(b) The Administrator of Veterans Affairs shall provide information on pensions
or compensation provided under Title 38 of the United States Code;
(c) The Secretary of Health and Human Services or the Secretary's designee shall
provide information contained in the records of the Social Security Administration;
and
(d) The Secretary of Labor or the Secretary's designee shall provide information
on benefits paid under subchapter I of Chapter 81 of Title 5 of the United States
Code.
The Director, in consultation with the officials from whom information is request-
ed, shall ensure- that information made available under this section is used only for
the purpose authorized.
SEC. 6. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees, as amended, shall be deemed to be amended by adding thereto a
new subsection (e) as follows:
"(eX1) The Director shall, in accordance with the subsection, enter into an agree-
ment with any State within 120 days of a request for agreement from the proper
State official. The agreement shall provide that the Director shall withhold State
income tax in the case of the monthly annuity of any annuitant who voluntarily
requests, in writing,
(e) Section 5 shall be efffective as of August 13, 1981, and shall apply to annuities
which commence before, on, or after such date.
(f) Section 6 shall be effective as of October 1, 1981.
ExEcu'rwz ORDER 12443, CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
(September 27, 1983, 50 U.S.C. 403 note)
By the authority vested in me as President of the United States of America by
Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, as amended (50 U.S.C. 403 note), and in order to conform further the
Central Intelligence Agency Retirement and Disability System to certain amend-
ments in the Civil Service Retirement and Disability System pursuant to Public
Laws 97-253, 97-346, and 97-377, it is hereby ordered as follows:
SECTION 1. Section 231(bX2) of the Central Intelligence Agency Retirement Act of
1964 for Certain Employees, as amended, shall be deemed to be amended to read as
follows:
"(bX2) If the annuitant receiving disability retirement annuity is restored to earn-
ing capacity, before becoming sixty years of age, payment of the annuity terminates
on reemployment by the Government or 180 days after the end of the calendar year
in which earning capacity is restored, whichever is earlier. Earning capacity is re-
stored if in any calendar year the income of the annuitant from wages or self-em-
ployment or both equals at least 80 per centum of the current rate of pay of the
position occupied at the end of retirement.
SEC. 2. Section 5 of Executive Order 12326 of September 30, 1981, which previous-
ly amended the Central Intelligence Agency Retirement Act of 1964 for Certain Em-
ploryees, as amended, shall be deemed to be amended to read as follows:
`SEC. 5. For the purpose of ensuring the accuracy of information used in the ad-
ministration of the Central Intelligence Agency Retirement and Disability System,
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the Director of Central Intelligence may request, from the Secretaries of Defense,
Health and Human Services, and Labor, and the Administrator of Veterans Affairs,
such information as the Director deems necessary. To the extent permitted by law:
"(a) The Secretary of Defense or the Secretary's designee shall provide informa-
tion on retired or retainer pay provided under Title 10 of the United States Code;
"(b) The Administrator of Veterans Affairs shall provide information on pensions
or compensation provided under Title 38 of the United States Code;
"(c) The Secretary of Health and Human Services or the Secretary's designee
shall provide information contained in the records of the Social Security Adminis-
tration; and
"(d) The Secretary of Labor or the Secretary's designee shall provide information
on benefits paid under subchapter I of Chapter 81 of Title 5 of the United States
Code.
"The Director, in consultation with the officials from whom information is re-
quested, shall ensure that information made available under this Section is used
only for the purposes authorized."
SEC. 3. Section 281(a) of the Central Intelligence Retirement Act of 1964 for Cer-
tain Employees, as amended, shall be deemed to be amended by inserting after "at 3
per centum per annum" the following: "through December 31, 1984, and thereafter
at the rate computed under Section 8334(e) of Title 5 of the United States Code."
SEC. 4. Section 221(k) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended to read as fol-
lows:
"(k) For the purpose of an annuity computed under this section, the total service
of any participant shall not include any period of civilian service on or after October
1, 1982, for which retirement deductions or deposits have not been made under sec-
tion 252(b), unless the participant makes a deposit for such period as provided in
section 252, or no deposit is required for such service as provided under Section
8334(g) of Title 5 of the United States Code, or under any statute."
SEC. 5. Section 241(a) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended to read as fol-
lows:
"(a) Whenever a participant becomes separated from the Agency, or is transferred
to a position in which he is not subject to this Act, for at least thirty-one consecutive
days without becoming eligible for an annuity in accordance with the provisions of
this Act, the total amount of contributions from his salary with interest thereon at
4 percent per year to December 31, 1947, and 3 percent per year thereafter com-
pounded annually to December 31, 1956, except as provided in section 281, shall,
upon application, be returned to him. The return of contributions shall be made
only if the participant is not reemployed in a position in which he is subject to this
Act at the time he files the application for refund and will not become eligible for
an annuity within thirty-one days after filing such application. The receipt of the
payment of the lump-sum credit by the participant voids all annuity rights under
the Act based on the service on which the lump-sum credit is based, until the partic-
ipant is reemployed in the service subject to the Act. The payment of the lump-sum
credit shall include amounts deposited by a participant covering earlier service as
well as any amounts deposited under section 252(h).'
SEC. 6. Section 291(f) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended by striking out
"fixed at the nearest" and inserting "rounded to the next lowest" in lieu thereof.
SEC. 7. Section 221(a) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended by adding the
following at the end thereof:
"Each annuity shall be stated as an annual amount, one twelfth of which, round-
ed to the next lowest dollar, constitutes the monthly rate payable on the first busi-
ness day of the month after the month or other period for which it has accrued."
SEC. 8. Section 221(i) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended to read as fol-
lows:
"(i) Except as otherwise provided, the annuity of a participant shall commence on
the first day of the month after separation from the service, or on the first day of
the month after pay ceases and the service and age requirements for title to an an-
nuity are met. With respect to those participants who serve three days or less in the
month of retirement, the annuity will commence on the day after separation or the
day after pay ceases and the service and age requirements for title to an annuity
are met. The annuity of a participant involuntarily separated from the service,
except for removal for cause on charges of misconduct or delinquency, or of a partic-
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RETIREMENT ACT OF 1964 77
ipant retiring due to a disability shall commence on the day after separation from
the service or the day after pay ceases and the service and age or disability require-
ments for title to an annuity are met. Any other annuity payable from the Fund
shall commence on the first day of the month after the occurrence of the event on
which payment thereof is based."
SEC. 9. Section 252(e) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended by inserting
"(1)" before the first sentence thereof, by inserting "(2)" before the second sentence
thereof and by striking out "chapter 11" and inserting "section 301" in lieu thereof,
by deleting the last sentence thereof and by adding the following paragraph (3):
"(3) Except as provided in paragraphs (1) and (2) of this subsection, the service of
an individual who first becomes a Federal employee before October 1, 1982 shall in-
clude credit for each period of military service performed before the date of the sep-
aration on which the entitlement to an annuity under this subsection is based, sub-
ject to section 252(f); and the service of an individual who first becomes a Federal
employee on or after October 1, 1982 shall include credit for:
"(i) each period of military service performed before January 1, 1957, and
"(ii) each period of military service performed after December 31, 1956, and before
separation on which the entitlement to annuity under this section is based, only if a
deposit (with interest, if any) is made with respect to that period as provided in sub-
section (h) of this section."
SEC. 10. Section 252(1) of the Central Intelligence Agency Retirement Act of 1964
for Certain employees, as amended, shall be deemed to be amended by inserting
"(1)" after "(f)" and adding new paragraphs (2) and (3) as follows:
"(2) The provisions of paragraph (1) above relating to credit for military service
shall not apply to-
"(A) any period of military service of a participant with respect to which he
or she has made a deposit with interest, if any, under section 252(e) of this Act;
or
"(B) the military service of any participant who has been awarded retired pay
on account of a service-connected disability caused by an instrumentality of war
and incurred in the line of duty during a period of war as that term is defined
in section 301 of Title 38 of the United States Code."
"(3) The annuity recomputation required by paragraph (1) above shall not apply to
any individual who was entitled to an annuity under this section on or before Sep-
tember 8, 1982. Instead of an annuity recomputation, the annuities of such individ-
uals shall be reduced at age 62 by an amount -equal to a fraction of their Social
Security benefit. This reduction shall be computed by multiplying their monthly
Social Security benefit by a fraction, the numerator of which is their total military
wages that were subject to Social Security deductions and the denominator of which
is their total lifetime wages, including military wages, that were subject to Social
Security deductions. The reductions so computed shall not be permitted to be great-
er than the reductions that will be required by paragraph (1) if that paragraph ap-
plied to the individual for that period. The new formula shall be applicable to all
annuity payments payable after October 1, 1982, including annuity payments to
those individuals who had previously reached age 62 and whose annuities had al-
ready been recomputed."
SEC. 11. Section 252 of the Central Intelligence Agency Retirement Act of 1964 for
certain Employees, as amended, shall be deemed to be amended by adding a new
subsection (h) as follows:
"(hXl) Each participant who has performed military service before the date of sep-
aration on which the entitlement to any annuity under this section is based may
pay, in accordance with rules issued by the Director, to the Agency an amount
equal to 7 percent of the amount of basic pay paid under section 204 of Title 37 of
the United States Code to the participant for each period of military service after
December, 1956. The amount of such payments shall be based on such evidence of
basic pay for military service as the participant may provide, or if the Director or
his designee determines sufficient evidence has not been provided to adequately de-
termine basic pay for military service, such payment shall be based upon estimates
of such basic pay provided to the Director under paragraph (4)."
"(2) Any deposit made under paragraph (1) of this subsection more than two years
after the later of-
(A) October 1, 1982; or
(B) the date on which the participant making the deposit first becomes an em-
ployee of the Federal government-shall include interest on such amount com-
puted and compounded annually beginning on the date of expiration of the two-
year period. The interest rate that is applicable in computing interest in any
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?~ n~n~mu~i ACT OF 1964
year under this paragraph shall be equal to the interest rate that is applicable
for such year under subsection (b) of this section."
"(3) Any payment received by the Agency under this subsection shall be immedi-
ately remitted to the Office of Finance for deposit in the Treasury of the United
States to the credit of the CIARDS Fund.
"(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of
Commerce, or the Secretary of Health and Human Services, as appropriate, shall
furnish such information to the Director as the Director may determine to be neces-
sary for the administration of this subsection."
SEC. 12. Section 261(d)(2) of the Central Intelligence Agency Retirement Act of
1964 for Certain Employees, as amended, shall be deemed to be amended by adding
after the words "allowed for military service" the following: ", less an amount deter-
mined by the Director to be appropriate to reflect the value of the deposits made to
the credit of the Fund under section 252(e), and."
SEC. 13. Section 235(a) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended by deleting the
final sentence thereof and substitutin the following wording:
"A participant who is separated involuntarily from service, except by removal for
cause on charges of misconduct or delinquency, is entitled to an annuity only if the
participant has not declined a reasonable offer of another position for which he or
she is qualified, which is not lower than two grades below his or her current posi-
tion and which is in the same commuting area. Voluntary early retirements will be
permitted only if a major reorganization, reduction in force, or transfer of function
will result in a significant number of participants being separated or immediately
reduced in pay. Participants retired under this subsection shall receive retirement
benefits in accordance with the provisions of section 221."
SEC. 14. Section 291 of the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees, as amended, shall be deemed to be amended by adding a new
subsection (g) as follows:
"(g)(1) An annuity shall not be increased by reason of an adjustment under this
section to an amount which exceeds the greater of-
"(A) the maximum pay payable for GS-15 thirty days before the effective date
of the adjustment under this section; or
"(B) the final pay (or average pay, if higher) of the participant with respect to
whom the anniuty is paid, increased by the overall annual average percentage
adjustments (compounded) in rates of pay of the General Schedule under sub-
chapter I of chapter 53 of Title 5 of the United States Code during the period-
(i) beginning on the date the annuity commenced (or,. in the case of a sur-
vivor of the participant, the date of the participant's annuity commenced),
and
(ii) ending on the effective date of the adjustment under this section.
"(2) For the purposes of paragraph (1) of this subsection, `pay' means the rate of
salary or basic pay as payable under any provision of law, including any provision
of law limiting the expenditure of appropriated funds."
SEC. 15. Section 252(g) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended, shall be deemed to be amended by deleting
"paragraph (b)" and inserting "paragraphs (b), (c)(4), and (h)" in lieu thereof.
SEC. 16. The amendments made by this Order shall be effective as follows:
(a) Section 2, 5, 9, 19,' 12 and 13 shall be effective October 1, 1982.
(b) Section 1 shall be effective October 1, 1982 but shall apply only with respect to
income earned after December 31, 1982.
(c) Section 3 shall apply with respect to deposits for service performed on or after
October 1, 1982, and with respect to funds for which application is received on or
after such date. The provisions of section 252, as in effect on September 7, 1982,
shall continue to apply with respect to periods of service and refunds for which ap-
plication was received on or before September 30, 1982.
(d) Section 4 shall apply with respect to deposits for military service performed on
or after October 1, 1982 and military service performed on or after January 1, 1957
and with respect to refunds for which applications are received by the Agency on or
after October 1, 1982. The provisions of section 221(k), as in effect on September 7,
1982 shall continue to apply with respect to periods of civilian service occurring
before October 1, 1982.
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I RL i II MLI f ACT OF 1964 79
(e) Section 6 and Section 7 shall apply with respect to any annuity commencing on
or after October 1, 1982, and with respect to any adjustment or redetermination of
any annuity made on or after such date.
(f) Section 8 shall apply to annuities which commence on or after January 1, 1983.
(g) Section 11 shall take effect October 1, 1982, except that any participant who
retired after September 8, 1982 and before October 1, 1983, or is entitled to an annu-
ity under the CIA Retirement Act of 1964 for certain Employees, as amended, based
on a separation from service occurring during such period, or a survivor of such in-
dividual, may make a payment under section 252(h).
(h) Section 14 shall not cause any annuity to be reduced below the rate that is
payable on September 8, 1982 but shall apply to any adjustment occurring on or
after this date under section 291, or to any annuity payable from the Central Intelli-
gence Agency Retirement and Disability Fund, whether such annuity has a com-
mencing date before, on, or after September 8, 1982.
(i) Section 15 shall be effective as of September 8, 1982.
EXECUTIVE ORDER 12485, CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
(July 13, 1984, 49 F.R. 28827)
By the authority vested in me as President of the United States of America by
Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, as amended (50 U.S.C. 403 note), and in order to conform further the
Central Intelligence Agency Retirement and Disability System to certain amend-
ments of the Civil Service Retirement and Disability System pursuant to Public Law
98-94, it is hereby ordered as follows:
Section 252(hX2XA) of the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees, as amended, shall be deemed to be amended by striking out
"October 1, 1982"- and inserting in lieu thereof "October 1, 1983."
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B. NATIONAL SECURITY AGENCY
NATIONAL SECURITY AGENCY ACT OF 1959
PUBLIC LAW 86-36-MAY 29, 1959
(50 U.S.C. 402 note)
AN ACT To provide certain administrative authorities for the National Security
Agency, and for other purposes.
Be it enacted by the Senate and House of Representatives. of the
United States of America in Congress assembled, That this Act may
be cited as the "National Security Agency Act of 1959".
SEC. 2. The Secretary of Defense (or his designee for the purpose)
is authorized to establish such positions, and to appoint thereto,
without regard to the civil service laws, such officers and e m p l o y -
e e s , in th National Security Agency, as may be necessary to carry
ou a unctions o suc agency. The rates of basic compensation
for such positions shall be fixed by the Secretary of Defense (or his
designee f o r the purpose) in relation o e ra s o asic compensa-
tion contained in the Genera c e u e of the Classification ct o
as amended,' for positions subject to suc c w lc lave
corresponding levels of duties and responsibilities. Except as pro-
vided in subsections (f) and (g) of section 303 of the Federal Execu-
tive Salary Act of 1964,2 no officer or employee of the National Se-
curity Agency shall be paid basic compensation at a rate in excess
of the highestrate of asic compensation con
shall-Bee -paid b
compensation contained in gra es 11 18 of such eral
Schedule: -___-
SEC. 3. [Section 3 consisted of amendments to section 1581(a) of
title 10, United States Code.]
SEC. 4. The Secretary of Defense (or his designee for the purpose)
is authorized to-
(1) establish in the National Security Agency (A) profess i a1
engineering positions primarily concerned with research and
deve ment"afi pro esslonal posiions in the al and
natural sciences, medicine, an cryp o ogv an
(2)-ffx a respec ive ra s o pay of such positions at rates
equal to rates of basic pay contained in grades 16, 17, and 18 of
' The Classification Act of 1949 was repealed by the law enacting title 5, United States Code
(Public Law 89-554, Sept. 6, 1966, 80 Stat. 378). The General Schedule for civilian employees is
now set out at section 5332 of title 5.
2 The Federal Executive Salary Act of 1964 was repealed by the law enacting title 5, United
States Code (Public Law 89-554, Sept. 6, 1966, 80 Stat. 378). See sections 5316 and 5317 of title 5,
United States Code.
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the General Schedule set forth in section 5332 of title 5, United
States Code.
Officers and employes appointed to positions established under this
section .shall be in addition to the number of officers and employees
appointed to positions un er section 2 of this Act who may be paid
at rates equal to rates of basic pay contained in grades 16, 17, and
18 of the General Schedule.
SEC. 5. Officers and employees of the National Security Agency
who are citizens or nationals of the United States may be granted
additional compensation, in accordance with regulations which
shall be prescribed by the Secretary of Defense, not in excess of ad-
ditional compensation authorized by section 207 of the Independent
Offices Appropriation Act, 1949, as amended (5 U.S.C. 118h),3 for
employees whose rates of basic compensation are fixed by statute.
SEC. 6. (a) Except as provided in subsection (b) of this section,
nothing in this Act or any other law (including, but not limited to,
the first section and section 2 of the Act of August 28, 1935 (5
U.S.C. 654) 4) shall be construed to require the disclosure of the or-
ganization or any function of the National Security Agency, of any
information with respect to the activities thereof, or of the names,
titles, salaries, or number of the persons employed by such agency.
(b) The reporting requirements of section 1582 of title 10, United
States Code, shall apply to positions established in the National Se-
curity Agency in the manner provided by section 4 of this Act.
SEC. 7. [Section 7 was repealed by section 8(a) of Public Law 89-
554 (September 6, 1966, 80 Stat. 660).]
SEC. 8. The foregoing provisions of this Act shall take effect on
the first day of the first pay period which begins later than the
thirtieth day following the date of enactment of this Act.
SEC. 9. (a) Notwithstanding section 322 of the Act of June 30,
1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code,
and section 2675 of title 10, United States Code, the Director of the
National Security Agency, on behalf of the Secretary of Defense,
may lease real property outside the United States, for periods not
exceeding ten years, for the use of the National Security Agency
for special cryptologic activities and for housing for personnel as-
signed to such activities.
(b) The Director of the National Security Agency, on behalf of
the Secretary of Defense, may provide to certain civilian and mili-
tary personnel of the Department of Defense who are assigned to
special cryptologic activities outside the United States and who are
designated by the Secretary of Defense for the purposes of this sub-
section-
(1) allowances and benefits-
(A) comparable to those provided by the Secretary of
State to members of the Foreign Service under chapter 9
of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081
et seq.) or any other provision of law; and
3 The Independent Offices Appropriation Act, 1949, was repealed by the law enacting title 5,
United States Code (Public Law 89-554, Sept 6, 1966, 80 Stat. 378). Section 207 of that Act was
codified as section 5941 of title 5, United States Code.
4 Repealed by section 101 of Public Law 86-626 (July 12, 1960, 74 Stat. 427).
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11RIMIML OLWRITY AGENCY _ 83
(B) in the case of-selected-personnel serving in circum-
-
stances similar to those in which personnel of the Central
-
~Intelli ence Agency serve; comparable ,to -those-pr-ov &e
d, by
LL-
/7___x _1 T. _11[ __.. 1 n i
of
'Central--Intelligence Agency-(incl-tiding-spe=iaT=re r-ement)-
accrual in the same manner provided in section 303 of the)
(2) housing (including heat, light, and household equipment)
without-cost to such personnel, if the Director of the National
Security Agency, on behalf of the Secretary of Defense deter-
mines that it would be in the public interest to provide such
housing.
(c) The authority of the Director of the National Security
Agency, on behalf of -the Secretary of Defense, to make payments
under subsections (a) and (b), and under contracts for leases en-
tered into under subsection (a), is effective for any fiscal year only
to the extent that appropriated funds are available for such pur-
pose.
(d) Members of the Armed Forces may not receive benefits under
both subsection (b)(1) and title 37, United States Code, for the same
purpose. The Secretary of Defense shall prescribe such regulations
as may be necessary to carry out this subsection.
(e) Regulations issued pursuant'to subsection (b)(1) shall be sub-
mitted to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate before such regulations take effect.
SEC. 10. (a) The Director of the National Security- Agency shall
arrange for, and shall prescribe regulations concerning, language
and language-related training programs for `military and civilian
cryptologic personnel. In establishing programs under this section
for language and language-related training, the Director-
(1) may provide. for the training and instruction to be fur-
nished, including. functional and geographic 'area specializa-
tions;
(2) may arrange for training and instruction through other
Government agencies and, in any case in which appropriate
training or instruction is unavailable through Government fa-
cilities, through nongovernmental facilities that furnish train-
ing and instruction useful in the fields of language and foreign
affairs;
(3) may support programs that furnish necessary language
and language-related skills, including, in any case in which ap-
propriate programs are unavailable at Government facilities,
support through contracts, grants, or cooperation with nongov-
ernmental educational institutions; and
(4) may obtain by appointment or contract the services of in-
dividuals to serve as language instructors, linguists, or special
language project personnel.
(b)(1) In- order to maintain necessary capability in foreign lan-
guage skills and related abilities needed by the National Security
Agency, the Director, without regard to subchapter IV of chapter
55 of title 5, United States Code, may provide special monetary or
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or I1n i wi1lL aECURITY AGENCY
other incentiv e t enco? civilian cryptologic personnel of the
gI~"ency to acquire or retain proficiency in foreign languages or spe-
cial related abilities needed by the Agency.
(2) In order to provide linguistic training and support for crypto-
logic personnel, the Director-
(A) may pay all or part of the tuition and other expenses re-
lated to the training of personnel who are assigned or detailed
for language and language-related training, orientation, or in-
struction; and
(B) may pay benefits and allowances to civilian personnel in
accordance with chapters 57 and 59 of title 5, United States
Code, and to military personnel in accordance with chapter 7
of title 37, United States Code, and applicable provisions of
title 10, United States Code, when such personnel are assigned
to training at sites away from their designated duty station.
(c)(1) To the extent not inconsistent, in the opinion of the Secre-
tary of Defense, with the operation of military cryptologic reserve
units and in order to maintain necessary capability in foreign lan-
guage skills and related abilities needed by the National Security
Agency, the Director may establish a cryptologic linguist reserve.
The cryptologic linguist reserve may consist of former or retired ci-
vilian or military cryptologic personnel of the National Security
Agency and of other qualified individuals, as determined by the Di-
rector of the Agency. Each member of the cryptologic linguist re-
serve shall agree that, during any period of emergency (as deter-
mined by the Director), the member shall return to active civilian
status with the National Security Agency and shall perform such
linguistic or linguistic-related duties as the Director may assign.
(2) In order to attract individuals to become members of the cryp-
tologic linguist reserve, the Director, without regard to subchapter
IV of chapter 55 of title 5, United States Code, may provide special
,jmonetary incentives to individuals eligible to become members of
the reserve who agree to become members of the cryptologic lin-
guist reserve and to acquire or retain proficiency in foreign lan-
guages or special related abilities.
(3) In order to provide training and support for members of the
cryptologic linguist reserve, the Director-
----tAj may pay all or part of the tuition and other expenses re-
lated to the training of individuals in the cryptologic linguist
reserve who are assigned or detailed for language and lan-
guage-related training, orientation, or instruction; and
/ (B) may pay benefits and allowances in accordance with
chapters 57 and 59 of title 5, United States Code, to individuals
in the cryptologic linguist reserve who are assigned to training
at sites away from their homes or regular places of business.
(d)(1) The Director, before providing training under this section
to any individual, may obtain an agreement with that individual
that-
(A) in the case of current employees, pertains to continuation
of service of the employee, and repayment of the expenses of
such training for failure to fulfill the agreement, consistent
with the provisions of section 4108 of title 5, United States
Code; and
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NATIONAL SECURITY AGENCY 85
(B) in the case of individuals accepted for membership in the
cryptologic linguist reserve, pertains to return to service when
requested, and repayment of the expenses of such training for
failure to fulfill the agreement, consistent with the provisions
of section 4108 of title 5, United States Code.
(2) The Director, under regulations prescribed under this section,
may waive, in whole or in part, a right of recovery under an agree-
ment made under this subsection if it is shown that the recovery
would be against equity and good conscience or against the public
interest.
(e)(1) Subject to paragraph (2), the Director may provide to family
members of military and civilian cryptologic personnel assigned to
representational duties outside the United States, in anticipation of
the assignment of such personnel outside the United States or
while outside the United States, appropriate orientation and lan-
guage training that is directly related to the assignment abroad.
(2) Language training under paragraph (1) may not be provided
to any individual through payment of the expenses of tuition or
other cost of instruction at a non-Government educational institu-
tion unless appropriate instruction is not available at a Govern-
ment facility.
(f) The Director may waive the applicability of any provision of
chapter 41 of title 5, United States Code, to any provision of this
section if he finds that such waiver is important to the perform-
ance of cryptologic functions.
(g) The authority of the Director to enter into contracts or to
make grants under this section is effective for any fiscal year only
to the extent that appropriated funds are available for such pur-
pose.
(h) Regulations issued pursuant to this section shall be submitted
to the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate before such regulations take effect.
(i) The Director of the National Security Agency, on behalf of the
Secretary of Defense, may, without regard to section 4109(a)(2)(B) of
title 5, United States Code, pay travel, transportation, storage, and
subsistence expenses under chapter 57 of such title to civilian and
military personnel of the Department of Defense who are assigned
to duty outside the United States for a period of one year or longer
which involves cryptologic training, language training, or related
disciplines.
SEC. 11. The Administrator of General Services, upon the applica-
tion of the Director of the National Security Agency, may provide
for the protection in accordance with section 3 of the Act of June 1,
1948 (40 U.S.C. 318b), of certain facilities (as designated by the Di-
rector of such Agency) which are under the administration and
control of, or are used by, the National Security Agency in the
same manner as if such facilities were property of the United
States over which the United States has acquired exclusive or con-
current criminal jurisdiction.
SEC. 12. (a)(1) The Secretary of Defense (or his designee) may by
regulation establish a personnel system for senior civilian cryptolo-
gic personnel in the National Security Agency to be known as the
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sb NATIONAL SECURITY AGENCY
Senior Cryptologic Executive Service. The reg
the Senior Cryptologic Executive Service shall
J
ulations establishing
--
plicable to applicants for or members of the Senior Executive
Service; and
(B) appoint, promote, and assign individuals-to positions es-
tablished within the Senior Cryptologic Executive Service with-
out regard to the provisions of title 5, United States Code, gov-
erning appointments and other personnel actions in the com-
petitive service.
(A) meet the requirements set forth in section 3131 of title 5,
United States Code, for the Senior Executive Service;
(B) provide that positions in the Senior Cryptologic Executive
Service meet requirements that are consistent with the provi-
sions of section 3132(a)(2) of such title;
(C) provide, without regard to section 2, rates of pay for the
Senior Cryptologic Executive Service that are not in excess of
the maximum rate or less than the minimum rate of.basic. pay
established for the Senior Executive Service under section 5382
of such title, and that are adjusted at the same time and to the
same extent as rates of basic pay for the Senior Executive
Service are adjusted;
(D) provide a performance appraisal system for the Senior
Cryptologic Executive Service that conforms to the provisions
of subchapter II of chapter 43 of such title;
J (E) provide for removal consistent with section 3592 of such
title, and removal or suspension consistent with subsections (a),
(b), and (c) of section 7543 of such title (except that any hearing
or appeal to which a member of the Senior Cryptologic Execu-
tive Service is entitled shall be held or decided pursuant to
procedures established by regulations of the Secretary of De-
fense or his designee);
(F) permit the payment of performance awards to members
of the Senior Cryptologic Executive Service consistent with the
provisions applicable to performance awards under section
5384 of such title; and
a (G) provide that members of the Senior Cryptologic Execu-
tive Service may be granted sabbatical leaves consistent with
the provisions of section 3396(c) of such title.
(2) Except as otherwise provided in subsection (a), the Secretary
of Defense (or his designee) may-
(A) make applicable to the Senior Cryptologic Executive
Service any of the provisions of title 5, United States Code, ap-
(3). The President, based on the recommendations of the Secre-
tary of Defense,- may award ranks to members of the Senior Cryp-
tologic Executive Service in a manner consistent with the provi-
sions of section 4507 of title 5, United States Code.
(4) Notwithstanding any other provision of this section, the Di-
rector of the National Security Agency may detail or assign any
..member of the Senior Cryptologic Executive Service to serve in a
position outside the National Security Agency in which the mem-
ber's expertise and experience may be of benefit to the National
Security Agency or another Government agency. Any such member
shall not by reason of such detail or assignment lose any entitle-
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i i.MiwiuML ar. URITY AGENCY 87
ment or status associated with membership in the Senior Cryptolo-
gic Executive Service.
(5) The Director of the National Security Agency shall each year
submit to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate, at the time the Budget is submitted by the President
to the Congress for the next fiscal year, a report on executive per-
sonnel in the Nationa ecurity Agency. The report shall include-
(A) the a total number of positions added to or deleted from
the Senior Cryptologic Executive Service during the preceding
fiscal year;
(B) the number of executive personnel (including all mem-
bers of the Senior Cryptologic Executive Service) being paid at
each grade level and pay rate in effect at the end of the pre-
ceding fiscal year;
(C) the number, distribution, and amount of awards paid to
members of the Senior Cryptologic Executive Service during
the preceding fiscal year; and
(D) the number of individuals removed from the Senior Cryp-
tologic Executive Service during the preceding fiscal year for
less than fully successful performance.
(b) The Secretary of Defense (or his designee) ay regulation
establish a merit pay ystem for such employee the National
Secure y gency as the Secretary of'~7e~erise (or his designee) con-
siders appropriate. The merit pay system shall be designed to carry
out purposes consistent with those set forth in section 5401(a) of
title 5, United States Code.
(c)-N t eng en is section shall be construed to allow the aggre-
gate amount payable to a member of the Senior Cryptologic Execu-
tive Service under this section during any fiscal year to exceed the
annual rate payable for positions at level I of the Executive Sched-
ule in effect at the end of such year.
SEC. 13. (a) The Director of the National Security Agency may
make grants to private individuals and institutions for the conduct
of cryptologic research. An application for a grant under this sec-
tion may not be approved unless the Director determines that the
award of the grant would be clearly consistent with the national
security.
(b) The grant program established by subsection (a) shall be con-
ducted in accordance with the Federal Grant and Cooperative
Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent that
such Act is consistent with and in accordance with section 6 of this
Act.
(c) The authority of the Director to make grants under this sec-
tion is effective for any fiscal year only to the extent that appropri-
ated funds are available for such purpose.
SEC. 14. Funds appropriated to an entity of the Federal Govern-
ment other than an element of the Department of Defense that
have been specifically appropriated for the purchase of cryptologic
equipment, materials, or services with respect to which the Nation-
al Security Agency has been designated as the central source of
procurement for the Government shall remain available for a
period of three fiscal years. .
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SEC. 15. (a) No person. may, except with the written permission of
the Director of the National Security Agency, knowingly use the
words "National Security Agency", the initials "NSA", the seal of
the National Security Agency, or any colorable imitation of such
words, initials, or seal in connection with any merchandise, imper-
sonation, solicitation, or commercial activity in a manner reason-
ably.calculated to convey the impression that such use is approved,
endorsed, or authorized by the National Security Agency.
(b) Whenever it appears to the Attorney General that any person
is engaged or is about to engage in an act or practice which consti-
tutes or will constitute conduct prohibited by subsection (a), the At-
torney General may initiate a civil proceeding in a district court of
the United States to enjoin such act or practice. Such court shall
proceed as soon as practicable to the hearing and determination of
such action and may, at any time before final determination, enter
such restraining orders or prohibitions, or take such other action
as is warranted, to prevent injury to the United States or to any
person or class of persons for whose protection the action is
brought.
SEC. 16. (a) The purpose of this section is to establish an under-
graduate training program, which may lead to the baccalaureate
degree, to facilitate the recruitment of individuals, particularly mi-
nority high school students, with a demonstrated capability to de-
velop skills critical to the mission of the National Security Agency,
including mathematics, computer science, engineering, and foreign
languages.
(b) The Secretary of Defense is authorized, in his discretion, to
assign civilian employees of the National Security Agency as stu-
dents at accredited professional, technical, and other institutions of
higher learning for training at the undergraduate level in skills
critical to effective performance of the mission of the Agency.
(c) The National Security Agency may pay, directly or by reim-
bursement to employees, expenses incident to assignments under
subsection (b), in any fiscal year only to the extent that appropri-
ated funds are available for such purpose.
(d)(1) To be eligible for assignment under subsection (b), an em-
ployee of the Agency must agree in writing-
(A) to continue in the service of the Agency for the period of
the assignment and to complete the educational course of
training for which the employee is assigned;
(B) to continue in the service of the Agency following comple-
tion of the assignment for a period of one-and-a-half years for
each year of the assignment or part thereof;
(C) to reimburse the United States for the total cost of educa-
tion (excluding the employee's pay and allowances) provided
under this section to the employee if, prior to the employee's
completing the educational course of training for which the
employee is assigned, the assignment or the employee's em-
ployment with the-Agency is terminated either by the Agency
due to misconduct by the employee or by the employee volun-
tarily; and
(D) to reimburse the United States if, after completing the
educational course of training for which the employee is as-
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I.n u IUIUiI. ar%,JRITY AGENCY 89
signed, the employee's employment with the Agency is termi-
nated either by the Agency-due to misconduct by the employee
or by the employee voluntarily, prior to the employee's comple-
tion of the service obligation period described in subparagraph
(B), in an amount that bears the same ratio to the total cost of
the education (excluding the employee's pay and allowances)
provided to the employee as the unserved portion of the service
-obligation period described in subparagraph (B) bears to the
total period of the service obligation described in subparagraph
(B).
(2) Subject to paragraph (3), the obligation to reimburse the
United States under an agreement described in paragraph (1), in-
cluding interest due on such obligation, is for all purposes a debt
owing the United States.
(3)(A) A discharge. in bankruptcy under title 11, United States
Code, shall not release a person from an obligation to reimburse
the United States required under an agreement described in para-
graph (1) if the final decree of the discharge in bankruptcy is
issued within five years after the last day of the combined period of
service obligation described in subparagraphs (A) and (B) of para-
graph (1).
(B) The Secretary of Defense may release a person, in whole or in
part, from the obligation to reimburse the United States under an
agreement described in paragraph (1) when, in his discretion, the
Secretary determines that equity or the interests of the United
States so require.
(C) The Secretary of Defense shall permit an employee assigned
under this section who, prior to commencing a second academic
year of such assignment, voluntarily terminates the assignment or
the employee's employment with the Agency, to satisfy his obliga-
tion under an agreement described in paragraph (1) to reimburse
the United States by reimbursement according to a schedule of
monthly payments which results in completion of reimbursement
by a date five years after the date of termination of the assignment
or employment or earlier at the option of the employee.
(e)(1) When an employee is assigned under this section to an in-
stitution, the Agency shall disclose to the institution to which the
employee is assigned that the Agency employs the employee and
that the Agency funds the employee's education.
(2) Agency efforts . to recruit individuals at educational institu-
tions for participation in the undergraduate training program es-
tablished by this section shall be made openly and according to the
common practices of universities and employers recruiting at such
institutions.
(f) Chapter 41 of title 5 and subsections (a) and (b) of section 3324
of title 31, United States Code, shall not apply with respect to this
section.
.. (g) The Secretary of Defense may issue such regulations as may
be necessary to implement this section.
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TITLE III OF THE INTERNAL SECURITY ACT OF 1950
(ADDED BY PUBLIC LAW 88-290, MARCH 26, 1964, 78 STAT. 168)
TITLE III-PERSONNEL SECURITY PROCEDURES IN
.NATIONAL SECURITY AGENCY
'REGULATIONS FOR EMPLOYMENT SECURITY
SEC. 301: [50 U.S.C. 831] Subject to the provisions of this title,
the Secretary of Defense (hereinafter in this title referred to as the
"Secretary") shall prescribe such regulations relating to continuing
security procedures as he considers necessary to assure-
(1) that no person shall be employed in, or detailed or as-
signed to, the National Security Agency (hereafter in this title
referred to as the "Agency"), or continue to be so employed, de-
tailed, or assigned; and
.(2) that no person so employed, detailed, or assigned shall
have access to any classified information;
unless such employment, detail, assignment, or access to classified
information is clearly consistent with the national security.
SEC. 302. [50 U.S.C. 832] (a) No person shall be employed in, or
detailed or .assigned to, the Agency unless he has been the subject
of a full field investigation in connection with such employment,
detail, or .assignment, and is cleared for access to classified infor-
mation in accordance with the provisions of this title; excepting
that conditional. employment without access to sensitive cryptologic
information or material may be tendered any applicant under such
regulations as the Secretary may prescribe, pending the completion
of such full field investigation: And provided further, That such full
field investigation at the .discretion of the Secretary need not be re-
quired in the case of persons assigned or detailed to the Agency
who. have =a current security clearance for access to sensitive cryp-
tologic information under equivalent standards of investigation and
clearance. During any period of war declared by the Congress, or
during any, period when the Secretary determines that a national
disaster exists, or in exceptional cases in which the Secretary (or
his designee for such purpose) makes a determination in writing
that his action is necessary or advisable in the national interest, he
may authorize-the employment of any person in, or the detail or
assignment of any person to, the Agency, and may grant to any
such person access to classified information, on a temporary basis,
pending the completion of the full field investigation and the clear-
ance for access to classified information required by this subsec-
tion, if the Secretary determines that such action is clearly consist-
ent with the national security.
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it m i r-nnnL SECURITY ACT
(b) To assist the Secretary and the Director of the Agency in car-
rying out their personnel security responsibilities, one or more
boards of. appraisal of three members each, to be appointed by the
Director of the Agency, shall be established in the Agency. Such a
board shall appraise the loyalty and suitability of persons for
access to classified information, in those cases in which the Direc-
tor of the Agency determines that there is a doubt whether their
access to that information would be clearly consistent with the na-
tional security, and shall submit a report and recommendation on
each such a case. However, appraisal by such a board is not re-
quired before action may be taken under section 14 of the Act of
June 27, 1944, chapter 287, as amended (5 U.S.C. 863), section 1 of
the Act of August 26, 1950, chapter 803, as amended (5 U.S.C. 22-1),
or any other similar provision of law. Each member of such a board
shall be specially qualified and trained for his duties as such a
member, shall have been the subject of a full field investigation in
connection with his appointment as such a member, and shall have
been cleared by the Director for access to classified information at
the time of his appointment as such a member. No person shall be
cleared for access to classified information, contrary to the recom-
mendations of any such board, unless the Secretary (or his designee
for such purpose) shall make a determination in writing that such
employment, detail, assignment, or access to classified information
is in the national interest.
SEC. 303. [50 U.S.C. 833] (a) Notwithstanding section 14 of the
Act of June 27, 1944, chapter 287, as amended (5 U.S.C. 863), sec-
tion 1 of the Act of August 26, 1950, chapter 803, as amended (5
U.S.C. 22-1), or any other provision of law, the Secretary may ter-
minate the employment of any officer or employee of the Agency
whenever he considers that action to be in the interest of the
United States, and he determines that the procedures prescribed in
other provisions of law that authorize the termination of the em-
ployment of that officer or employee cannot be invoked consistent-
ly with the national security. Such a determination is hfnal.
(b) Termination of employrffmt under sec s all not affect
the right of the officer or employee involved to seek or accept em-
ployment with any other department or agency of the United
States if he is declared eligible for such employment by the United
States Civil Service Commission.
(c) Notwithstanding section 113(d) of title 10, United States Code,
any authority vested in the Secretary of Defense by subsection (a)
may be delegated only to the Deputy Secretary of Defense or the
Director of the National Security Agency, or both.
SEC. 304. [50 U.S.C. 834] For the purposes of this section, the
term "classified information" means information which, for rea-
sons of national security, is specifically designated by a United
States Government agency for limited or restricted dissemination
or distribution.
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SEC. 305. [50 U.S.C. 835] The Administrative Procedure Act, as
amended (5 U.S.C. 1001 et seq.), shall not apply to the use or exer-
cise of any authority granted by this title.
SEC. 306. [Section 306 consisted of amendments to other laws.]
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C. OTHER INTELLIGENCE STATUTES
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 19781
PUBLIC LAW 95-511-OCT. 25, 1978 92 STAT. 1783
Public Law 95-511
95th Congress
To authorize electronic surveillance to obtain foreign intelligence information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Foreign Intelligence Surveillance Act of 1978".
An Act
TITLE I-ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES
FOR FOREIGN INTELLIGENCE PURPOSES
Sec. 101. Deenitiona.
Sec. 102. Authorization for electronic surveillance for foreign Intelligence
purposes.
Sec. 103. Designation of Judges.
Sec. 104. Application for an order.
Sec. 105. Issuance of an order.
Sec. 11)0. Use of Information.
Z. 107. Report of electronic surveillance.
Sec. 108. Congressional oversight.
Sec. 109. Penalties.
Sec. 110. Civil liability.
See. 111. Authorization during time of war.
TITLE II-CONFORMING AMENDMENTS
Sec. 201. Amendments to chapter 119 of title 18, United States Code.
TITLE III-EFFECTIVE DATE
Sec. 301. Effective date.
Foreign
Intelligence
Surveillance Act
of 1978.
50 USC 1801
note.
TITLE I-ELECTRONIC SURVEILLANCE WITHIN THE
UNITED) STATES FOR FOREIGN INTELLIGENCE
PURPOSES
SEC. 101. As used in this title:
(a) "Foreign power" means-
(1) a foreign government or any component thereof,
whether or not recognized by the United States;
. (2) a faction of a foreign nation or nations, not substan-
tially composed of United Stales persons;
(3) an entity that is openly acknowledged by a foreign
government or governments to be directed and controlled by
such foreign government or governments;
(4) a group engaged in international terrorism cr activities
in preparation therefor:
(5) a foreign-based political organization, not substantially
composed of United States persons; or
(6) an entity that is directed and controlled by a foreign
government or governments.
(b) "Agent of a foreign power" means-
(1) any person other than a United States person, who-
(A) nets in the United States as an officer or employee
of a foreign power, or as a member of a foreign power
as defined in subsection (a) (4) ;
Oct. 25, 1978
IS. 15661
' In connection with this Act, see also section 107 of the Electronic Communications Privacy Act of 1986
regarding certain intelligence activities involving communications security, foreign power radio communications,
and foreign power electronic communications systems; and see also section 2232 of title 18, United States Code,
regarding prohibition on warning an individual of Foreign Intelligence Surveillance Act of 1978 surveillance.
95
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18 USC 2151 et
seq.
(B) acts for or on behalf of a forum power which
engages in clandestine intelligence activities in the United
States contrary to the interests of the United States,
when the circ?unistances of such person's presence in the
United States indicate that such person may enrage in
such activities in the United States, or when such person
knowingly aids or abets any person in the conduct of
such activities or knowingly conspires with any person
to engage in such activities; or
(2) any person who-
(A) knowingly engages in clandestine intelligence
gathering activities for or on behalf of a foreign power,
which activities involve or may involve a violation of the
criminal statutes of the I'nited States;
(11) pursuant to the direction of an intelligence service
or network of a foreign power. knowingly engages in any
other clandestine intelligence activities for or on behalf
of such foreign power. which activities involve or are
about to involve a violation of the criminal statutes of
the I'nited States;
(C) knowingly engages in sabotage or international
terrorism. or activities that are in preparation therefor,
for or on behal f of it foreign power; or
(1)) knowingly aids or abets any person in the conduct
of activities described in smhparantaph (A), (B), or (C)
or knowingly conspires with any person to engage in
activities described in subparagraph (A), (13). or (C).
(c) "International terrorism" means activities that-
(1) involve violent acts or acts dangerous to human life
that. are a violation of the criminal laws of the ITnited States
or of any State. or that would be a criminal violation if com-
mitted within the jurisdiction of the United States or any
State;
(2) appear to be intended-
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimi-
dation or coercion: or
(C) to affect the conduct of a government by assassina-
tion or kidnapping; and
(3) occur totally outside the United States, or transcend
national boundaries in terms of the means by which they are
accomplished, the persons they appear intended to coerce or
intimidate, or the locale in which their perpetrators operate
or seek asylum.
(d) "Sabotage" means activities that involve a violation of
chapter 105 of title 18. l'nited States Code, or.that would involve
such a violation if committed against the United States.
(e) "Foreign intelligence information" means-
(1) information that relates to, and if concerning a United
States person is necessary to. the ability of the United States
to protect against-
(A) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign ower;
(13) sabotage or international terrorism by a p foreign
power or an agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of
a foreign power; or
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U I ntl( III I tLutiENCE STATUTES 97
(2) information with respect to it foreign power or foreign
territory that relates to, and if concerning. a United States
person is necessary to-.
(A) the national defense or the security of the United
States; or
(B) the conduct of the foreign affairs of the United
States.
(f) "Electronic surveillance" means-
(1) the acquisition by an electronic, mechanical, or other
surveillance device of the contents of any wire or radio coin-
munication sent by or intended to be received by a particular,
known United States person who is in the United States, if
the contents are acquired by intentionally targeting that
United States person, under circumstances in which a person
has a reasonable expectation of privacy and a warrant would
be required for law enforcement purposes;
(2) the acquisition by an electronic, mechanical, or other
surveillance device of the contents of any wire communica-
tion to or from a person in the United States, without the
consent of any party thereto, if such acquisition occurs in the
United States:
(3) the intentional acquisition by an electronic, mechanical,
or other surveillance device of the contents of any radio com-
munication, under circumstances in which a person has a
reasonable expectation of privacy and a warrant would be
required for law enforcement purposes, and if both the sender
and all intended recipients are located within the United
States; or
(4) the installation or use of an electronic, mechanical, or
other surveillance device in the United States for monitor-
ing to acquire information, other than from a wire or radio
communication. under circumstances in which a person has
a reasonable expectation of privacy and a warrant would be
required for law enforcement purposes.
(g) `Attorney General" means the Attorney General of the
United States (or Acting Attorney General) or the Deputy
Attorney General.
(h) "'Minimization procedures", with respect to electronic sur-
veillance.. means-
(1) specific procedures, which shall be adopted by the
Attorney General. that are reasonably designed in light of the
purpose and technique of the particular surveillance, to mini-
mize the acquisition and retention, and prohibit the dissemi-
nation, of nonpublicly available information concerning
unconsenting United States persons consistent with the need
of the United States to obtain. produce. and disseminate for-
eign intelligence information:
(2) procedures that require that nonpublicly available
information. which is not foreign intelligence information,
as defined in subsection (e) (1), shall not be disseminated in
it manner that identities any I-nited States person, without
such person's consent. unless such person's identity is neces-
sary to uideustand foreign intelligence information or assess
its importance;
(3) notwithstanding paragraphs (1) and (2), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is about
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92 STAT. 1786 PUBLIC LAW 95-511-OCT. 25, 1978
to be committed and that is to be retained or disseminated for
law enforcement purposes; and
(4) notwithstanding pa ragr:aphs (1), (2), and (3), with
respect to any electronic surveillance approved pursuant to
section 102(a), procedures that require that. no contents of
any communication to which a United States person is it party
shall be disclosed, disseminated, or used for any purpose or
retained for longer than twenty-four hours unless a court
order under section 105 is obtained or unless the Attorney
General determines that the information indicates n threat of
death or serious bodily harm to any person.
(i) "United States person" means a citizen of the L nited States,
an alien lawfully admitted for permanent residence (as defined in
8 USC 1101. section 101(a) (20) of the Immigration and Nationality Act), an
unincorporated association a suistantial nnndMr of uu?mbers of
which are citizens of the United States or aliens lawfully admitted
for permanent residence, or at corporation which is incorpo-
rated in the United States, but does not include a corporation
or an association which is a foreign power, as defined in subsection
(a) (1), (2),or (3).
(j) "United States", when used in a geographic sense, means
all areas under the territorial sovereignty of the United States
and the Trust Territory of the Pacific Ishumis.
(k) "Aggrieved person" means a person who is the target of an
electronic surveillance or any other person whose communications
or activities were subject to electronic surveillance.
(1) "Wire communication" means any communication while it
is being carried by a wire, cable, or other like connection furnished
or operated by any person engaged as a common carrier in pro-
viding or operating such facilities for the transmission of inter-
state or foreign communications.
(m) "Person" means any individual, including any officer or
employee of the Federal Government, or any group, entity, asso-
ciation, corporation, or foreign power.
(n) "Contents", when used with respect to a communication,
includes any information concerning the identity of the parties to
such communication or the existence, substance, purport, or mean-
ing of that communication.
(o) "State" means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico. the Trust Ter-
ritory of the Pacific Islands, and any territory or possession of the
United States.
AUTHORIZATION FOR ELECTRONIC SURVEILLANCE FOR FOREIGN
INTELLIGENCE PURPOSES
50 USC 1802. SEC. 102. (a) (1) Notwithstanding any other law, the President,
through the Attorney General, may authorize electronic surveillance
without a court order under this title to acquire foreign intelligence
information for periods of up to one year if the Attorney General
certifies in writing under oath that-
(A) the electronic surveillance is solely directed at-
(i) the acquisition of the contents of communications trans-
mitted by means of communications used exclusively between
or among foreign powers, as defined in section 101(a) (1),
(2), or (3) ; or
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ENCE STATUTES 99
,,......... _-..
PUBLIC LAW 95-511-OCr. 25, 1978 92 STAT. 1787
(ii) the acquisition of technical intelligence, other than
the spoken communications of individuals, from property or
premises under the open and exclusive control of a foreign
power, as defined in section 101(a) (1), (?L). or (3) ;
(B) there is no substantial likelihood that the surveillance will
acquire the contents of any communication to which a United
States person is a party; and
(C) the proposed minimization procedures with respect to such
surveillance meet the definition of minimization procedures under
section 101(h); and
if the Attorney General reports such minimization procedures and any
changes thereto to the House Permanent Select Committee on Intel-
ligence and the Senate Select Committee on Intelligence at least thirty
days prior to their effective date, unless the Attorney General deter-
mines immediate action is required and notifies the committees imme-
diately of such minimization procedures and the reason for their
becoming effective immediately.
(2) An electronic surveillance authorized by this subsection may
be conducted only in accordance with the Attorney General's certifica-
tion and the minimization procedures adopted by him. The Attorney
General shall assess compliance with such procedures and shall report
such assessments to the House Permanent Select Committee on Intel-
ligence and the. Senate Select Committee on Intelligence under the
provisions of section 108(a).
(3) The Attorney General shall immediately transmit under seal to
the court established under section 103(a) a copy of his certification.
Such certification shall be maintained under security measures estab-
lished by the Chief Justice with the concurrence of the Attorney
General, in consultation with the Director of Central Intelligence,
and shall remain sealed unless-
(A) an application for a court order with respect to the sur-
veillance is made under sections 101 (h) (4) and 104. or
(B) the certification is necessary to determine the legality of
the surveillance under section 106(f).
(4) With respect to electronic surveillance authorized by this sub-
section, the Attorney General may direct a specified communication
common carrier to-
(A) furnish all information, facilities, or technical assistance
necessary to accomplish the electronic surveillance in such a man-
ner as will protect its secrecy and produce a minimum of inter-
ference with the. services that such carrier is providing its
customers: and
(13) maintain under security procedures approved by the Attor-
ney General and the Director of Central Intelligence any records
concerning the surveillance or the aid furnished which such car-
rier wishes to retain.
The Government shall compensate. at the prevailing rate, such carrier
for furnishing such aid.
(b) Applications for a court order under this title are authorized
if the President. has, by written authorization, empowered the Attor-
my General to approve applications to the court lrnving.jurisdiction
under section 103, and a judge to whom an application is made may,
notwithstanding any other law. grant. nn order. in conformity with
section 105. approving electronic surveillance of a foreign power or
an agent of a foreign power for the purpose of obtaining foreign
intelligence information, except that the court shall not have jurisdie-
Report to
congressional
committees.
Report to
congressional
committees.
Communication
common carrier,
duties.
Applications
approval.
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92 STAT. 1788 PUBLIC LAW 95-511-OCT. 25, 1978
tion to grant any order approving electronic surveillance directed
solely as described in paragraph (1) (A) of subsection (a) unless such
surveillance ucay involve the acquisition of conununiratiuns of any
United States person.
Court to hear SEC. 103. (a) The Chief Justice of the United States shall publicly
applications and designate seven district court judges from seven of the United States
grant orders. judicial circuits who shall constitute a court which shall have juris-
50 USC 1803. diction to hear applications for and grant orders approving electronic
surveillance anywhere within the United States under the procedures
set forth in this Act, except that no judge designated under this sub-
section shall hear the same application for electronic surveillance
under this Act which has been denied previously by another judge des-
ignated under this subsection. If any judge so designated denies an
application for an order authorizing electronic surveillance under this
Act, such judge shall provide immediately for the record a written
statement of each reason for his decision and, on motion of the United
States, the record shall be transmitted. under seal, to the court of
review established in subsection (b).
Court of review. (b) The Chief Justice shall publicly designate three judges, one of
whom shall be publicly designated as the presiding judge.,_ from the
United States district courts or courts of appeals who together shall
comprise a court of review which shall have jurisdiction to review the
denial of any application made under this Act. If such court deter-
mines that the application was properly denied, the court shall inuue-
diately provide for the record a written statement of each reason for
its decision and, on petition of the United States for a writ of certio-
rari, the record shall be transmitted tinder seal to the Supreme Court,
which shall have jurisdiction to review such decision.
(c) Proceedings under this Act shall be conducted as expeditiously
Record of as possible. The record of proceedings wider this Act, including appli-
proceedings. cations made and orders granted. shall be maintained raider security
measures established by the Chief Justice in consultation with the
Attorney General and the Director of Central Intelligence.
Tenure. (d) Each judge designated under this section shall so serve for a
maximum of seven years and shall not be eligible for redesignation,
except that the judges first designated under subsection (a) shall be
designated for terms of from one to seven years so that one terns expires
each year, and that judges first designated under subsection (b) shall
be designated for terms of three, five, and seven years.
50 USC 1804. Secy. 104. (a) Each application for an order approving electronic
surveillance tinder this title shall be made by a Federal officer in writ-
ing upon oath or affirmation to a judge having jurisdiction under sec-
Approval of tion 103. Each application shall require the approval of the Attorney
Attorney General based upon his finding that it satisfies the criteria and require-
General. ments of such application as set forth in this title. It shall include-
(1) the identity of the Federal officer waking the application;
(2) the authority conferred on the Attorney General by the
President of the United States and the approval of the Attorney
General to make the application;
(3) the identity, if known. or a description of the target of the
electronic surveillance;
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(4) a statement of the facts and circumstances relied upon by
the applicant to justify his belief that
(A) the target of the electronic surveillance is a foreign
power or an agent of a foreign power; and
(B) each of the facilities or places at which the electronic
surveillance is directed is being used, or is about to be used, by
a foreign power or an agent of a foreign power;
(5) a statement of the proposed minimization procedures;
(6) a detailed description of the nature of the information
sought and the type of communications or activities to be subjected
to the surveillance:
(7) a certification or certifications by the Assistant to the Presi-
dent for National Security Affairs or an executive branch official
or officials designated by the President from among those executive
officers employed in the area of national security or defense and
appointed by the President -with the advice and consent of the
Senate-
(A) that the certifying official deems the information
sought to be foreign intelligence information;
(B) that the purpose of the surveillance is to obtain foreign
intelligence information;
(C) that such information cannot reasonably be obtained
by normal investigative techniques;
(D) that designates the type of foreign intelligence
information being sought according to the categories
described in section 101(e) ; and
(E) including a statement of the basis for the certification
that-
(i) the information sought is the type of foreign
intelligence information designated: and
(ii) such information cannot reasonably be obtained
by normal investigative techniques;
(8) a statement of the means by which the surveillance will be
effected and, a statement whether physical entry is required to
effect the surveillance;
(9) a statement of the facts concerning all previous applications
that have been made to any judge under this title involving any
of the persons, facilities. or places specified in the application.
and the action taken on each previous application;
(10) a statement of the period of time for which the electronic
surveillance is required to be maintained, and if the nature of the
intelligence gathering is such that the approval of the use of
electronic surveillance under this title should not automatically
terminate when the described type of information has first been
obtained, a description of facts supporting the belief that
additional information of the same type will be obtained
thereafter; and
(11) whenever more than one electronic. mechanical or other
;itiveillance device is to be used with respect to a particular
proposed electronic surveillance, the coverage of the devices
involved and what minimization procedures apply to information
acquired by each device.
(b) Whenever the target of the electronic surveillance is a foreign
power. as defined in section 101 (a) (1). (2). or (3). and each of the
facilities or (places at which the surveillance is directed is owned.
leased. or exclusively used by that foreign power. the application need
not contain the information required by paragraphs (6), (7) (E), (8),
Foreign power,
information
exclusion.
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and (11) of subsection (a), but shall state whether physical entry is
required to effect the surveillance and shall contain such information
about the surveillance techniques and communications or other
information concerning United States persons likely to be obtained as
ma ? be necessary to assess the proposed minimization procedures.
(c) The Attorney General may require any other affidavit or
certification from any other officer in connection with the application.
(d) The judge may require the applicant to furnish such other
information as may be necessary to make the determinations required
by section 105.
ISSUANCE OF AN ORDER
50 USC 1805. SEC. 105. (a) Upon an application made pursuant to section 104,
the judge shall enter an ex parte order as requested or as modified
approving the electronic surveillance if he finds that-
. (1) the President has authorized the Attorney General to
approve applications for electronic surveillance for foreign
intelligence information;
(2) the application has been made by a Federal officer and
approved by the Attorney General;.
(3) on the basis of the facts submitted by the applicant there is
probable cause to believe that-
(A) the target of the electronic surveillance is a foreign
power or an agent of a foreign power: Pror?ided, That no
United States person may be considered a foreign power or
an agent of a foreign power solely upon the basis of activities
protected by the first amendment to the Constitution of the
United States; and
(B) each of the facilities or places at which the electronic
surveillance is directed is being used, or is about to be used,
by a foreign power or an agent of a foreign power;
(4) the proposed minimization procedures meet the definition
of minimization procedures under section 101(h) ; and
(5) the application which has been filed contains all statements
and certifications required by section 104 and, if the target is a
United States person, the certification or certifications are not
clearly erroneous on the basis of the statement made under section
104(a) (7) (E) and any other information furnished under section
104(d).
(b) An order approving an electronic surveillance under this section
shall-
(1) Specify-
(A) the identity, if known, or a description of the target of
the electronic surveillance;
(B) the nature and location of each of the facilities or
places at which the electronic surveillance will be directed;
(C) the type of information sought to be acquired and the
type of communications or activities to be subjected to the
surveillance;
(D) the means by which the electronic surveillance will be
effected and whether physical entry will be used to effect the
surveillance :
(E) the period of time during which the electronic surveil-
lance is approved; and
(F) whenever more than one electronic, mechanical, or
other surveillance device is to be used under the order, the
authorized coverage of the devices involved and what minimi-
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zation procedures shall apply to information subject to
acquisition by each device; and
(2) direct-
(A) that the minimization procedures be followed;
(B) that, upon the request of the applicant, a specified
communication or other common carrier, landlord, custodian,
or other specified person furnish the applicant forthwith all
information, facilities, or technical assistance necessary to
accomplish the electronic surveillance in such a manner as
will protect its secrecy and produce a-minimum of interfer-
ence with the services that such carrier, landlord, custodian,
or other person is providing that target of electronic
surveillance;
(C) that such carrier, landlord, custodian, or other person
maintain under security procedures approved by the Attorney
General and the -Director of Central Intelligence any records
concerning the surveillance or the aid furnished that such
pet-son wishes to retain; and
(D) that the applicant compensate, at the prevailing rate,
such carrier, landlord, custodian, or other person for furnish-
ing such aid.
(c) Whenever the target of the electronic surveillance is a foreign
power, as defined in section 101(a) (1), (2), or (3), and each of the
facilities or places at which the surveillance is directed is owned,
leased, or exclusively used by that foreign power. the order need-not
contain the information required by subparagraphs (C), (D), and (F)
of subsection (b) (1), but shall generally describe the information
sought, the communications or activities to' be. subjected to the surveil-
lance, and the type of electronic surveillance involved, including
whether physical entry is required.
(d) (1) An order issued under this section may approve an electronic
surveillance for the period necessary to achieve its purpose, or for
ninety days, whichever is less, except that an order under this section
shall approve an electronic surveillance targeted against a for-
eign power, as defined in section 101(a) (1), (2), or (3), for the
period specified in the application or for one year. whichever is less.
(2) Extensions of an order issued under this title may be granted
on the same basis as an original order upon an application for an exten-
sion and new findings made in the same manner as required for an
original order, except that an extension of an order under this Act. for
a surveillance targeted against a foreign power, as defined in section
101(a) (5) or (6), or against a foreign power as defined in section
101(a) (4) that is not a United States person, may be for a period not
to exceed one year if the judge finds probable cause to believe that no
communication of any individual ('nited States person will be
acquired during the period.
(3) At or before the end of the period of time for which electronic
surveillance is approved by an order or an extension, the judge may
assess compliance with the minimization procedures by reviewing the
circumstances under which information concerning United States
persons was acquired, retained, or disseminated.
(e) Notwithstanding any other provision of this title, when the
Attorney General reasonably determines that-
(1) an emergency situation exists with respect to the employ-
ment of electronic surveillance to obtain foreign intelligence
information before an order authorizing such surveillance can with
due diligence be obtained; and
Extensions of an
order.
Review of
circumstances of
order or
extension.
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Denial of
applicatioc.
Testing of
electronic
equipment.
(2) the factual basis for issuance of an order under this title to
approve such surveillance exists;
he may authorize the emergency employment of electronic surveillance
if a judge having jurisdiction under section 103 is informed by the
Attorney General or his designee at the time of such authorization that
the decision has been made to employ emergency electronic surveillance
and if an application in accordance with this title is made to that
judge as soon as practicable, but not more than twenty-four hours after
the Attorney General authorizes such surveillance. If the Attorney
General authorizes such emergency employment of electronic surveil-
lance, he shall require that the minimization procedures required by
this title for the issuance of a judicial order be followed. In the absence
of a judicial order approving such electronic surveillance, the surveil-
lance shall terminate when the information sought is obtained, when
the application for the order is denied, or after the expiration of
twenty-four hours from the time of authorization by the Attorney
General, whichever is earliest. In the event that such application for
approval is denied, or in any other case where the electronic surveil-
lance is terminated and no order is issued approving the surveillance,
no information obtained or evidence derived from such surveillance
shall be received in evidence or otherwise disclosed in any trial, hear-
ing, or other proceeding in or before'any court, grand jury, depart-
ment, office, agency, regulatory body, legislative committee, or other
authority of the United States,-a State, or political subdivision thereof,
and no information concerning any United States person acquired
from such surveillance shall subsequently be used or disclosed in any
other manner by Federal officers or employees without the consent of
such person, except with the approval of the Attorney General if the
information indicates a threat of death or serious bodily harm to any
person. A denial of the application made under this subsection may be
reviewed as provided in section 10:3.
(f) Notwithstanding any other provision of this title, officers,
employees, or agents of the United States are authorized in the normal
course of their official duties to conduct. electronic surveillance not
targeted against the communications of any particular person or
persons, under procedures approved by the Attorney General, solely
to-
(1) test the capability of electronic equipment. if-
(A) it is not reasonable to obtain the consent. of the persons
incidentally subjected to the surveillance;
(B) the test is limited in extent and duration to that nec-
essary to determine the capability of the equipment;
(C) the contents of any communication acquired are
retained and used only for the purpose of determining the
capability of the equipment, are disclosed only to test. person-
nel, and are destroyed before or immediately upon completion
of the test; and:
Termination. (D) Proeided, That the test may exceed ninety days only
with the prior approval of the Attorney General;
(2) determine the existence and capability of electronic surveil-
lance equipment. being used by persons not authorized to conduct
electronic surveillance, if-
(A) it is not. reasonable to obtain the consent of persons
incidentally subjected to the surveillance;
(B) such electronic surveillance is limited in extent and
duration to that. necessary to determine the existence and
capability of such equipment; and
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PUBLIC LAW 95-511-OCT. 25, 1978 92 STAT. 1793
(C) any information acquired by such surveillance is used
only to enforce chapter 119 of title 18, United States Code, 18 USC 2510 et
or section 705 of the Communications Act of 1934, or to pro- -V
tect information from unauthorized surveillance; or 47 USC 605.
(3) train intelligence personnel in the use of electronic surveil- Training of
lance equipment, if- intelligence
(A) it is not reasonable to-- personnel,
(i) obtain the consent of the persons incidentally conditions.
subjected to the surveillance;
(ii) train persons in the course of surveillances other-
wise authorized by this title; or
(iii) train persons in the use of such equipment without
engaging in electronic surveillance;
(13) such electronic surveillance is limited in extent and
duration to that necessary to train the personnel in the use
of the equipment; and
(C) no contents of any communication acquired are
retained or disseminated for any purpose,?but are destroyed
as soon as reasonably possible.
(g) Certifications made by the Attorney General pursuant to section Record retention
102 (a) and applications made and orders granted under this title shall requirement.
be retained for a period of at least ten years from the date of the certifi-
cation or application.
USE OF INFOItMAThON
SF.c. 106. (a) Information acquired "from an electronic surveillance
conducted pursuant to this title concerning any United States .person
may be used and disclosed by Federal officers and employees without
the consent of the United States person only in accordance with the
minimization procedures required by this title. No otherwise privileged
communication obtained in accordance with, or in violation of, the
provisions of this title shall lose its privileged character. No informa-
tion acquired from 'an. electronic surveillance pursuant to this title
may be used or disclosed by Federal officers or employees except for
lawful purposes.
(b) No information acquired pursuant, to this title shall be disclosed
for law enforcement purposes unless such disclosure is accompanied
by a statement that such information, or any information derived
therefrom. may only be used in a criminal proceeding with the advance
authorization o'f.the Attorney General.
(c) 1Chenevei the Government intends to enter into evidence or
otherwise use or disclose in any trial, hearing, or other proceeding in
or before any court, department,. officer, agency, regulatory body, or
other authoritj? of the United States, against an aggrieved person, any
information obtained or derived from an electronic surveillance of
that aggrieved person pursuant to the authority of thistitle,?the Gov-
ernment shall, prior to the trial,. hearing, br other proceeding or at a
reasonable time prior to an effort to so disclose or so use that informa-
tion or submit it in evidence, notify the aggrieved person and the
court or other authority in?tvhich the information is to lie disclosed or
used that the Government' intends to so disclose or so use such
information.
(d) 11'henever any State or political subdivision thereof intends to
enter into evidence or otherwise use or disclose in any trial, hearing,
or other proceeding in or before any court, department, officer, agency,
regulatory body, or other authority of a State or a political subdivsion
thereof, against an aggrieved person any information obtained or
Statement for
disclosure.
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luo U I Iytlt III I tLLICENCE STATUTES
derived front an electronic sorveilbmce of that aggrieved person pur-
suant. to the authority of this title, the State or political subdivision
thereof shall notify the aggrieved person, the court or other authority
in which the information is to be disclosed or used, and the Attorney
General that the State or political subdivision thereof intends to so
disclose or so nee such information.
(e) Any person against whorl evidence obtained or derived front all
electronic surveillance to which lie is all aggrieved person is to he, or
has been, introduced or otherwise used or disclosed in any trial, hear-
ing, or other proceeding in or before any court, department, officer,
agency, regulatory body. or other authority of the United States, a
State, or it political subdivision thereof. iuay move to suppress the
evidenc(k obtained or derived froiu such electronic surveillance on the
grounds that-
(1) the information was uulawfulh' acquired; or
(2) the surveillance was not made in conformity with all order
of authorization or approval.
Such a motion shall be made before the trial, bearing, or other proceed-
ing unless there was no opportunity to make such it motion or the
person was not aware of the grounds of the motion.
(f) Whenever a court or other authority is notified putrsumnt, to sub-
section (c) or (d), or whenever a motion is uu:uk pursuant. to subsec-
tion (e), or whenever :illy notion or request is made by an aggrieved
person pursuant to any other statute or rule of the united States or
any State before any court or other authority of the United States or
any State to discover or obtain applications or orders or other mate-
ruts relating to electronic surveillance or to discover. obtain, or sup-
press evidence or information obtained or derived from electronic
surveillance under this Act, the United States district court or, where
the motion is made before another authority, the United States district
court in the same district as the authority, shall, notwithstanding any
other law, if the Attorney General files an affidavit under oath that
disclosure or an adversary hearing would harm the national security
of the United States. review in cauuera and ex parte the application,
order, and such other materials relating to tlue surveillance as may be
necessary to determine wither the surveillance of the aggrieved per-
son was lawfully authorized and condtu?ted. In making this determina-
tion, the court may disclose to the aggrieved person. under appropriate
security procedures and protective orders, portions of the application,
order, or other materials relating to the surveillance only where such
disclosure is necessary to make an accurate determination of the
legality of the surveillance.
(g) If the United States district court pursuant to subsection (f)
determines that the surveill:uu?e was not lawfully authorized or con-
ducted, it shall. in accordance with the requirements of law, suppress
the evidence which was unlawfully obtained or derived from electronic
surveillance of the aggrieved person or otherwise grant the motion
of the aggrieved person. If tine court determines that the surveillance
was lawfully authorized and conducted, it shall deny the motion of
the aggrieved person except to the extent that due process requires
discovery or disclosure.
(h) Orders granting motions or requests tinder subsection (g),
decisions under this section that electronic surveillance was not law-
fully authorized or conducted, and orders of the United States district
court requiring review or granting disclosure of applications, orders,
or other materials relating to a surveillance shall be final orders and
binding upon all courts of the United States and the several States
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except a L-nited States court of appeals and the Supreme Court.
(i) In circumstances involving the unintentional acquisition by an
electronic, mechanical, or other surveillance device of the contents of
any radio communication, under circumstances in which a person has
a reasonable expectation of privacy and a warrant would be required
for law enforcement purposes, and if both the sender and all intended
recipients are located within the United States, such contents shall be
destroyed upon recognition, unless the. Attorney General determines
that the contents indicate a threat of death or serious bodily harm to
any person.
(j) If an emergency employment, of electronic surveillance is author-
ized under section 105(e) and a subsequent order approving the
surveillance is not obtained, the judge shall cause to be.served on any
United States person named in the application and on such other
United States persons subject to electronic surveillance as the judge
may determine in his discretion it is in the interest ofjustice to serve,
notice of-
(1) the fact of the application;
2) the period of the surveillance; and
(3) the fact. that during the period information was or was not
obtained.
On an ex parte showing of good cause to the judge the serving of the
notice required by this subsection may be postponed or suspended for
a period not to exceed ninety days. Thereafter, on a further ex parte
showing of good cause, the court shall forego ordering the serving of
the notice required under this subsection.
REPORT OF ELECTRONIC SL'RVEIIL.A\CE
Disposal of
contents.
Postponement or
suspension of
notice, time
limitation.
Sex. 107. In April of each year. the Attorney General shall transmit Report to
to the Administrative Office of the United States Court and to Con- Congress.
gress a report setting forth with respect to the preceding calendar 50 USC 1807.
year-
(a) the total number of applications made for orders and exten-
sions of orders approving electronic surveillance under this title;
and
(b) the total number of such orders and extensions either
granted, modified. or denied.
SEC. 108. (a) On a semiannual basis the Attorney General shall
fully inform the House Permanent Select Committee on Intelligence
and the Senate Select Committee on Intelligence concerning all elec-
tronic surveillance under this title. Nothing in this title shall be
deemed to limit the authority and responsibility of the appropriate
committees of each House of Congress to obtain such information as
they may need to carry out their respective functions and duties.
(b) On or before one year after the effective date of this Act and
on the some day each year for four years thereafter, the Permanent
Select Committee on intelligence and the Senate Select Committee
on Intelligence shall report, respectively to the House of Representa-
tives and the Senate. concerning the implementation of this Act. Said
reports shall include but not be limited to an analysis and recommenda-
tions concerning whether this Act should be (1) amended, (2) repealed,
or (3) permitted to continue in effect without amendment.
Report to
congressional
committees.
50 USC 1808.
Report of
congressional
committees to
Congress.
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so USC 1809. SEC. 109. (a) OFFENSE.-A person is guilty of an offense if he
intentionally-
(1) engages in electronic surveillance under color of law except
as authorized by statute; or
(2) discloses or uses information obtained under color of law
by electronic surveillance, knowing or having reason to know that
the information. was obtained through electronic surveillance not
authorized by statute.
(b) DEFENSE.-It is a defense to a prosecution under subsection (a)
that the defendant was a law enforcement or investigative officer
engaged in the course of his official duties and the electronic surveil-
lance was authorized by and conducted pursuant to a search warrant or
court order of a court of competent jurisdiction.
(C) PENALTY.--An offense described in this section is punishable
by a fine of not more than $10,000 or imprisonment for not more than
five years, or both.
(d) JURISDICTION.-There, is Federal jurisdiction over an offense
under this section if the person committing the offense was an officer
or employee of the United States at the time the offense was committed.
50 USC 1810. SEC. 110. Civir. ACTION.-An aggrieved person, other than a foreign
power or an agent of a foreign bower, as defined in section 101 (a) or
(b) (1) (A), respectively, who has been subjected to an electronic
surveillance or about whom information obtained by electronic sur-
veillance of such person has been disclosed or used in violation of
section 109 shall have a cause of action against any person who
-committal such violation and shall be entitled to recover-
(a). actual damages, but not less than liquidated damages of
$1,000 or $100 per day for each day of violation, whichever is
greater;
(b) punitive damages; and
(c) reasonable attorney's fees and other investigation and
litigation costs reasonably incurred.
SEO. 111. Notwithstanding any other law, the President, through
the Attorney General, may authorize electronic surveillance without
a court order under this title to acquire foreign intelligence
information for a period not to exceed fifteen calendar days following
.a declaration of war by the Congress.
AMENDMENTS TO. CIIAr7ER 119 OF TITLE 18, UNITED STATES. CODE
SEC. 201. Chapter 119 of title 18, United States Code, is amended as
follows :
(a) Section 2511(2) (a) (ii) is amended to read as follows:
"(ii) Notwithstanding any other law, communication common
carriers, their officers, employees, and agents, landlords, custodians, or
other persons, are authorized to provide information, facilities, or
technical assistance to persons authorized by law to intercept wire or
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oral communications or to conduct electronic surveillance, as defined
in section 101 of the Foreign Intelligence Surveillance Act of 1978, if
the common carrier, its officers, employees, or agents, landlord,
custodian, or other specified person, has been provided with-
"(A) it court order directing such assistance signed by the
authorizing judge, or
"(B) a certification in writing by a person specified in section
2518(7) of this title or the Attorney General of the United States
that no warrantor court order is required by law, that all statutory
requirements have been met, and that the specified assistance is
required,
setting forth the period of time (luring which the provision of the
info?rmaiiom, facilities, or technical assistance is authorized and
specifying the information, facilities, or technical assistance required.
No communication common carrier, officer, employee, or agent thereof,
or landlord. custodian, or other specified person shall disclose the
existence of any interception or surveillance or the device used to
accomplish the interception or surveillance with respect to which the
person has been furnished an order or certification under this
subparagraph, except as may otherwise be required by legal process
and then oml after prior notification to the Attorney General or to
the principal prosecuting attorney of a State or any political
subdivision of a State, as may be appropriate. Any violation of this
subparagraph by a communication common carrier or an officer,
employee, or agent thereof, shall render the carrier liable for the civil
damages provided for in section 2520. No cause of action shall lie in
any court against any communication common carrier, its officers,
employees, or agents, landlord, custodian, or other specified person for
providing information, facilities, or assistance in accordance with the
terms of an order or certification under this subparagraph.".
(b) Section 2511(2) is amended by adding at the end thereof
the following new provisions:
"(e) Notwithstanding any other provision of this title or section
fills or 60G of the Communications Act of 1934, it shall not be unlawful
for an officer, employee, or agent of the United States in the normal
course of his official duty to conduct electronic surveillance, as defined
in section 101 of the Foreign Intelligence Surveillance Act of 1978, as
authorized by that Act.
"(f) Nothing contained in this chapter, or section 605 of the
Communications Act of 1934. shall Ire deemed to affect the acquisition
by the. United States Government of foreign intelligence information
from international or foreign communications by it means other than
electronic surveillance as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978, and procedures in this chapter
and the Foreign Intelligence Surveillance Act of 1978 shall be the
exclusive means by which electronic surveillance, as defined in section
101 of such Act, and the interception of domestic wire and oral con-
municatiots may be conducted.".
(c) Section 2511(3) is repealed.
(d) Section 2:118(1) is amended by inserting "under this
chapter" after "communication'".
(e) Section 2518(4) is amended by inserting "under this
chapter" after both appearances of "wire or oral communication".
(f) Section 2518(9) is amended by striking out. "intercepted"
and inserting "intercepted pursuant to this chapter" after
"communication".
Disclosure of
information,
prohibition.
47 USC 605,
606.
Repeal.
18 USC 2511.
18 USC 2518.
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I iiu U I ntK in i LLLJGENCE STATUTES
18 USC 2518. (g) Section 2518(10) is amended by striking out "intercepted"
and inserting "intercepted pursuant to this chapter" after the first
appearance of "communication".
18 USC 2519. (h) Section 2519(3)-is amended by inserting "pursuant to this
chapter" after "wire or oral communications" and after "granted
or denied".
TITLE III-EFFECTIVE DATE
50 USC 1801 SEc. 301. The-provisions of this Act and the amendments made
note. hereby-shall become effective upon the date of enactment of this Act,
except that any electronic surveillance approved by the Attorney
General to gather foreign intelligence information shall not be deemed
unlawful for failure to follow the procedures of this Act, if that
surveillance is terminated or an. order approving that surveillance is
obtained- under title I of this Act within ninety days following the
designation-of the first judge pursuant to section 103 of this Act..
Approved October 25, 1978.
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CLASSIFIED INFORMATION PROCEDURES ACT
Public Law 96-456
96th Congress
An Act
To provide certain pretrial, trial, and appellate procedures for criminal cases
involving classified information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled
DEFINITIONS
SECTION 1. (a) "Classified information", as used in this Act, means
any information or material that has been determined by the United
States Government pursuant to an Executive order, statute, or
regulation, to require protection against unauthorized disclosure for
reasons of national security and any restricted data, as defined in
ph r. of section 11 of the Atomic Energy Act of 1954 (42 U.S.C.
1 )). ,
"National security", as used in this Act, means the national
defense and foreign relations of the United States.
PRETRIAL CONFERENCE
SEC. 2. At any time after the filing of the indictment or information,
an party may move for a pretrial conference to consider matters
relating to classified information that may arise in connection with
the prosecution. Following such motion, or on its own motion, the
court shall promptly hold a pretrial, conference to establish the
timing of requests for discovery, the provision of notice required by
section 5 of t' Act, and the initiation of the procedure established by
section 6 of this Act. In addition, at the pretrial conference the court
may consider any matters which relate to classified information or
which may promote a fair and expeditious trial. No admission made
by the defendant or by any . attorney for the defendant at such a
conference maybe used against the defendant unless the admission is
in writingtand is signed by the defendant and by the attorney for the
defendan
PROTECTIVE ORDERS
SEC. 8. Upon motion of the United States, the court shall issue an
order to rotect against the disclosure of any classified information
disclosed~y the united States to any defendant in any criminal case
in a district court of the United States.
Ssa 4. The court,-upon a sufficient showing, may authorize the
United States to delete specified items of classified information from
documents to be made available to the defendant through discovery
under the Federal Rules of Criminal Procedure, to substitute a
summary of the at r n for such classified documents, or to
substitute admitting relevant facts that the classified
Classified
Information
Procedures Act.
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112 . CLASSIFIED INFORMATION
94 STAT. 2026 - - - PUBLIC LAW 96-456-OCT. 15, 1980
information would tend to prove. The court may permit the United
States to make a request for such authorization in the form of a
written statement to be inspected by the court alone. If the court
enters an order granting relief following such an ex parts showing,
the entire text of the statement of the United States shall be sealed
and preserved in the records of the court to be made available to the
appellate court in the event of an appeal.
NOTICE OF DEFENDANT'S INTENTION TO DISCLOSE CLASSIFIED
classified
information, use,
relevance, or
admissibility.
18 USC app.
Classified
information at
issue,
identification.
Ssc. 5. (a) NOTICE BY DEFENDANT.-If a defendant reasonably
expects to disclose or to cause the disclosure of classified information
in any manner in connection with any trial or pretrial -proceeding
involving the criminal prosecution of such defendant, the defendant
shall, within the time specified by the court or, where no time is
specified, within thirty days prior to trial, notify the attorney for the
United States and the court in writing. Such notice shall include a
brief description of the classified information. Whenever a defendant
learns of additional classified information he reasonably expects to
disclose at any such proceeding, he shall notify the attorney for the
United States and the court in writing as soon as possible thereafter
and shall include a brief description of the classified information. No
defendant shall disclose any information known or believed to be
classified in connection with a trial or pretrial proceeding until notice
has been given under this subsection and until the United States has
been afforded- a reasonable opportunity to seek a determination
pursuant to the procedure set forth in section 6 of this Act, and until
the time for the United States to a peal such determination under
section 7 has expired or any appeal under section 7 by the United
States is decided.
(b) FAII.uRE To COMPLY.-If the defendant fails to comply with the
requirements of subsection (a) the court may preclude disclosure of
any classified information not made the subject of notification and
may prohibit the examination by the defendant of any witness with
respect to any such information.
PROCEDURE FOR CASES INVOLVING CLASSIFIED INFORMATION ,
SEC. 6. (a) MOTION FOR HEARING.-Within the time specified by the
court for the filing of a motion under this section, the United States
may request the court to conduct a hearing to make all determina-
tions - concerning the use, relevance, or admissibility of classified
information that would otherwise be made during the trial or pretrial
proceeding. Upon such ?a request, the court shall conduct such a
hearing. Any hearing held pursuant to this subsection (or any portion
of such hearing specified in the request of the Attorney General) shall
be held in camera if the Attorney General certifies to the court in
such petition that a public proceeding may result in the disclosure of
classified information. As to each item of classified information, the
court shall set forth in writing the basis for its determination. Where
the United States' motion under this subsection is filed prior to the
trial or pretrial proceeding, the court shall rule prior to the com-
mencement of the relevant proceeding.
(b) NoTicE.-(1) Before any hearing is conducted pursuant to a
request by the United States under subsection (a), the United States
shall provide the defendant with notice of the classified information
that is at issue.. Such notice shall identify the specific classified
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113
PUBLIC LAW 96-456--OCF. 15, 1980
94 STAT. 2027
information at issue whenever that information previously has been
made available to' the defendant by the United States. When the
United States has not previously made the information available to
the defendant in connection with the case, the information may be
described by generic category, in such form as the court may approve,
rather than by identification of the specific information of concern to
the United States.
(2) Whenever the United States requests a hearing under subsec-
tion (a), the court, upon request of the defendant, may order the
United States to provide the defendant, prior to trial, such details as
to the portion of the indictment or information at issue in the hearing
as are needed to give the. defendant fair, notice to prepare for the
hearing.
(CTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED INFOR'
MAinON.-=-(1) Upon any determination by the court authoriing the
disclosure of specific classified information under the procedures
established by this section, the United States may move that, in lieu
of the disclosure of such specific classified information, the court
order-
(A) the substitution for such classified information of a
statement admitting relevant facts that the specific classified
information would tend-to prove; or
(B) the substitution for such classified information of a sum-
mary of the specific classified information.
The court shall grant such a -motion of the United States if it finds
that the statement or summary will provide the defendant with
substantially the same ability to make his defense as would disclosure
of the specific classified information. The court shall hold a hearing Hearing.
on any motion under this section. Any such hearing shall be held in
camera at the request of the Attorney General.
(2) The United States may, in connection with a'motion under National
paragraph (1), submit to the court an affidavit of the Attorney ce ~ damage,
General certifying that disclosure of classified information would
cause identifiable damage to the national security of the United
States and explaining the basis for the classification of such informa-
tion. If so requested by the United States, the court shall examine
such affidavit in camera and ex parts. - - '
(d) SEALING} OF RECORDS OF IN CAMERA HEARINGS.-If at the close of
an in camera hearing under this Act (or any portion of a hearing
under this Act that is held in camera) the court determines that the
classified information at issue may not be disclosed or elicited at the
trial or pretrial proceeding, the record of such in camera hearing
shall be sealed and preserved by the court for use in the event of an
appeal. The defendant may seek reconsideration of the court's deter-
mination prior to or during trial.
(e) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION BY
DEFENDANT, RELIEF FOR DEFENDANT WHEN UNITED STATBB OPPOSES
DleclasuRE.- (1) Whenever the court denies a motion bythe United
States that it issue an order under subsection (c) and' the United
States files with the court an affidavit of the Attorney General
objecting to disclosure of the classified information at issue, the court
shall order that the defendant not disclose or cause the disclosure of
such information.
(2) Whenever a defendant is prevented by an order under pare- Indictment or
graph ' (1) from disclosing or causing the disclosure of classified information,
information, the court shall dismiss the indictment or information; dismissal.
except that, when the court determines that, the interests of justice
would not be served by dismissal of the indictment or information,
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INFORMATION
11Y 4Ll1JJ11 Lv
Rebuttal
information,
disclosure.
the court shall order such other action, in lieu of dismissing the
indictment or information, as the court determines is appropriate.
Such action may include, but need not be limited to-
(A) dismissing specified counts of the indictment or
information;
(B) finding against the United States on any issue as to which
the excluded classified information relates; or
(C) striking or precluding all or part. of the testimony of a
witness.
An order under this paragraph shall not take effect until the court
has afforded the United States an opportunity to appeal such order
under section 7, and thereafter to withdraw its objection to the
disclosure of the classified information at issue.
(f) RacwRocrrx.-Whenever the court determines pursuant to
subsection (a) that classified information may be disclosed in connec-
tion with a trial or pretrial proceeding, the court shall, unless the
interests of fairness do not so require, order the United States to
provide the defendant with the information it expects to use to rebut
the classified information. The court may place the United States
under a continuing duty to disclose such rebuttal information. If the
United States fails to comply with its obligation under this subsec-
tion, the court may exclude any evidence not made the subject of a
required disclosure and may prohibit the examination by the United
States of any witness with respect to such information.
18 USC app. S?o. 7. (a) An interlocutory appeal by the United States taken
before or after the defendant has been placed in jeopardy shall lie to a
court of appeals from a decision or order of a district court in a
criminal case authorizing the disclosure of classified information,
un ing sanctions for nondisclosure of classified information, or
refusing a protective order sought by the United States to prevent the
disclosure of classified information.
(b) An appeal taken pursuant to this section either before or during
trial shall be expedited by the court of appeals. Prior to trial, an
appeal shall be taken within ten days after the decision or order
appealed from and the trial shall not commence until the appeal is
resolved. If an appeal is taken during trial, the trial court shall
adjourn the trial until the appeal is resolved and the court of appm-la
(1) shall hear argument on such appeal within four days o the
adjournment of the trial, (2) may dispense with written briefs other
than the supporting materials previously submitted to the trial court,
(3) shall render its decision within four days of argument on appeal,
and (4) may dispense with the issuance of a written opinion in
rendering its decision. Such ap~and decision shall not affect the
right of the defendant, in a su uent appeal from a judgment of
conviction, to claim as error revs by the trial court on remand of a
ruling appealed from during trial.
INTRODUCTION OF CLASSIFIED INFORMATION
SHc. 8. (a) CLASSIFICATION STATUS.-Writings, recordings, and pho-
tographs containing classified information may be admitted into
evidence without change in their classification status.
(b) PRECAUTIONS BY COuRT.-Tile court, in order to prevent unnec-
essary disclosure of classified information involved in any criminal
proceeding, may order admission into evidence of only part of a
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writing, recording, or photograph, or may order admission into
evidence of the whole writing, recording, or photograph with excision
of some or all of the classified information contained therein, unless
thewhole ought in fairness be considered.
(c) TAXING OF TFTlMONY.-During the examination of a witness in
any criminal proceeding, the United States may object to any
question or line of inquiry that may require the witness to disclose
classified information not previously found to be admissible. Follow-
ing such an objection, the court shall take such suitable action to
determine whether the response is admissible as will safeguard
against the compromise of any classified information. Such action may
include requiring the United States to provide the court with a
proffer of the witness' response to the question or line of m* uiry and
requiring the defendant to provide the court with a proffer of the
nature of the information he seeks to elicit.
Sac. 9. (a) Within one hundred and twenty days of the date of the
enactment of this Act, the Chief Justice of the United States, in
consultation with the Attorney General, the Director of Central
Intelligence, and the Secretary of Defense, shall prescribe rules
estabhahing procedures for the protection against unauthorized dis-
closure of any classified information in the custody of the United
States district courts, courts of appeal, or Supreme Court. Such rules,
and any changes in such rules, shall be submitted to the appropriate
committees of Congress and shall become effective forty-five days
after such submission.
(b) Until such time as rules under subsection (a) first become
effective, the Federal courts shall in each case involving classified
information adopt procedures to protect, against the unauthorized
disclosure of such information.
Rules.
18 USC app.
Submittal to
congressional
committees.
IDENTIFICATION OF INFORMATION RELATED TO THE NATIONAL DEFENSE
SEa 10. In any prosecution in which the United States must Notification of
establish that material relates to the national defense or constitutes defendant.
app. 18 USC classified information, the United States shall notify the defendant,
within the time before trial by the court, of the portions of
rely upon to establish the
the material that it reasonab
national defense or classifi on element of the offense.
SEc. 11. Sections 1 through 10 of this Act may be amended as
provided in section 2076, title 28, United States Code.
ATTORNEY GENERAL GUIDELINES
SEC. 12. (a) Within one hundred and eighty of enactment of
this Act, the Attorney General shall issue guides specifying the
factors to be used by the Department guidelines in rendering a
decision whether to prosecute a violation of Federal law in which, in
the judgment of the Attorney General, there is a possibility that
classified information will be revealed. Such guidelines shall be
transmitted to the appropriate committees of Congress.
(b) When the Department of Justice decides not to prosecute a
violation of Federal law pursuant to subsection (a), an appropriate
official of the Department of Justice shall prepare written findings
Prosecution of
certain
violations.
18 USC app.
Transmittal to
congressional
committees.
Nonprosecution,
written findings.
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,.u Un.oirncI) INFORMATION
94 STAT. 2030 PUBLIC LAW 96-456--OCT. 15, 1980
detailing the reasons for the decision not to prosecute. The findings
shall include-
(1) the intelligence information which the Department of
Justice officials believe might be disclosed,
(2). the purpose for which the information might be disclosed,
(3) the probability that the information would be disclosed, and
(4) the possible consequences such disclosure would.have on the
national security.
REPORTS TO CONGRESS
SEC. 13. (a) Consistent with applicable authorities and duties,
including those conferred by the Constitution upon the executive and
legislative branches, the Attorney General shall report orally. or in
writing semiannually to the Permanent Select Committee on intelli-
gence of the United States House of Representatives, the Select
Committee on Intelligence. of the United States Senate, and the
chairmen and ranking minority members of the Committees on the
Judiciary of the Senate and House of Representatives on all cases
where a decision not to prosecute a violation of Federal law pursuant
to section 12(a) has been made.
(b) The Attorney General shall deliver to the appropriate commit-
tees of Congress a report concerning the operation and effectiveness
of this Act and including suggested amendments to this Act. For the
first three years this Act is in effect, there shall be a report each year.
After three years, such reports shall be delivered as necessary.
FUNCTIONS OF ATTORNEY GENERAL MAY BE EXERCISED BY DEPUTY
ATTORNEY GENERAL OR A DESIGNATED ASSISTANT ATTORNEY GENERAL
Sec. 14. The functions and duties of the Attorney General under
this Act may be exercised by the Deputy Attorney General or by an
Assistant Attorney General designated by the Attorney General for
such purpose and may not be delegated to any other official.
EFFECTIVE DATE
Sec. 15. The provisions of this Act shall become effective upon the
date of the enactment of this Act, but shall not apply to any
prosecution in which an indictment or information was filed before
such date.
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BHORT Tm
S..6. That this Act may be cited as the "CIaeBifed Information
ProoeduresMt".
Approved October 15, 1980.
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INTELLIGENCE IDENTITIES PROTECTION ACT OF 1982
[NOTE: For text of Act, see title VI of the National Security Act of
1947, ante page 17.]
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CENTRAL INTELLIGENCE AGENCY INFORMATION ACT
PUBLIC LAW 98-477-OCTOBER 15, 1984
AN ACT To amend the National Security Act of 1947 to regulate public disclosure
of information held by the Central Intelligence Agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Central Intelligence Agency Information Act".
SEC. 2. [Subsections (a) and (b) added title VII to the National Se-
curity Act of 1947.]
(c) Subsection (q) of section 552a of title 5, United States Code, is
amended-
(1) by inserting "(1)" after "(q)"; and
(2) by adding at the end thereof the following:
"(2) No agency shall rely on any exemption in this section to
withhold from an individual any record which is otherwise accessi-
ble to such individual under the provisions of section 552 of this
title.".
SEC. 3. (a) The Director of Central Intelligence, in consultation
with the Archivist of the United States, the Librarian of Congress,
and appropriate representatives of the historical discipline selected
by the Archivist, shall prepare and submit by June 1, 1985, a
report. on the feasibility of conducting systematic review for declas-
sification and release of-Central Intelligence Agency information of
historical value.
(b)(1) The Director shall, once each six months, prepare and
submit an unclassified report which includes-
(A) a description of the specific measures established by the
Director to improve the processing of requests under section
552 of title 5, United States Code;
(B) the current budgetary and personnel allocations for such
processing;
(C) the number of such requests (i) received and processed
during the preceding six months, and (ii) pending at the time
of submission of such report; and
(D) an estimate of the current average response time for
completing the processing of such requests.
(2) The first report required by paragraph (1) shall be submitted
by a date which is six months after the date of enactment of this
Act. The requirements of such paragraph shall cease to apply after
the submission of the fourth such report.
(c) Each of the reports required by subsections (a) and (b) shall be
submitted to the Permanent Select Committee on Intelligence and
the Committee on Government Operations of the House of Repre-
sentatives and the Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate.
70-116 0 - 87 - 5
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SEC. 4. The amendments made by subsections (a) and (b) of sec-
tion 2 shall be effective upon enactment of this Act and shall apply
with respect to any requests for records, whether or not such re-
quest was made prior to such enactment, and shall apply to all
civil actions not commenced prior to February 7, 1984.
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CHAPTERS 81 AND 83 OF TITLE 10, UNITED STATES CODE
(DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL)
CHAPTER 81-CIVILIAN EMPLOYEES
? 1590. Management of civilian intelligence personnel of the mili-
tary departments
(a) The Secretary of Defense may, without regard to the provi-
sion any Qtl,ex aw-relati-4g to the num er, c asMfica n; or
compen a .ins !loyees -
(1) establish such positions for civilian intelligence officers
and employees of the military departments as may be neces-
sary to carry out the intelligence functions of such depart-
ments;
(2) appoint individuals to such positions; and
(3) fix the compensation of such individuals for service in
such positions.
(b) The Secretary of Defense shall, subject to subsection (c), fix
the rates of basic pay for positions established under subsection (a)
in-reletivn t~ th`e"fie. s=o asic=payxproy ern t e General Sched-
u`Ie under sec ion 5332 of title 5 for positions subject two ssuc1Sched-
ule which havescoore p ding levels of duties and responsibilities.
Except in the cam a civilian intelligence officer or employee of a
military department serving as a member of the Senior Executive
Service of a military department, no civilian intelligence officer or
employee of a ,military department may be paid basic pay at a rate
in excess of the highest rate of basic pay payable under such Gen-
eral Schedule.
(c) The Secretary of Defense is authorized, consistent with section
5341 of title 5, to adopt such provisions of such title as provide for
prevailing rate systems of basic pay and to apply such provisions to .
positions for civilian intelligence officers or. employees in or under
which the military departments may employ individuals described
by section 5342(a)(2)(A) of such title.
(d) In addition to the basic pay payable under subsection (b), ci-
vilian intelligence officers and employees of the military depart-
ments who are citizens or nationals of the United States and who
are stationed outside the continental United States or in Alaska
may be paid allowances, in accordance with regulations prescribed
by the Secretary of Defense, not in excess of an allowance author-
ized to be paid by section 5941(a) of title 5 for employees whose
rates of basic pay are fixed by statute. Such allowances shall be
based on-
(1) living costs substantially higher than in the District of
Columbia;
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lc4 t nHr i trc 51 OF TITLE 10
(2) conditions of environment which differ substantially from
conditions of environment in the continental United States and
warrant an allowance as a recruitment incentive; or
(3) both of the factors described in paragraphs (1) and (2).
(e)(1) Notwithstanding any other provision of law, the Secretary
of Defense may, during fiscal year 1987, terminate the employment
of any civilian ig+e 8 emmployee of a military depart-
ment whenever he considers that action to be in the interests of
the United States and he determines that the procedures pre-
scribed in other provisions of law that authorize the termination of
the employment of such officer or employee cannot be invoked in a
manner consistent with the national security. The decisions of the
Secretary under this paragraph are final and may not be appealed
or reviewed outside the Department of Defense. The Secretary of
Defense shall promply notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Com-
mittee on Intelligence of the Senate whenever this termination au-
thority is exercised.
(2) Any termination of employment under this subsection shall
not affect the right of the officer or employee involved to seek or
accept employment with any other department or agency of the
United States if he is declared eligible for such employment by the
Director of the Office of Personnel Management.
(3) The Secretary of Defense may delegate authority under this
subsection only to the Deputy Secretary of Defense or the Secre-
tary concerned or both. An action to terminate any civilian intelli-
gence officer or employee of a military department by either such
officer shall be appealable to the Secretary of Defense.
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CHAPTER 83-DEFENSE INTELLIGENCE AGENCY CIVILIAN
PERSONNEL
Sec.
1601. Defense Intelligence Senior Executive Service.
1602. Defense Intelligence Agency merit pay system.
1603. Limit on pay.
1604. Civilian personnel management.
? 1601. Defense Intelligence Senior Executive Service
(a) The Secretary of Defense may by regulation establish a per-
sonnel system for senior civilian personnel within the Defense In-
telligence Agency to be known as the Defense Intelligence Senior
Executive Service. The regulations es a is ing t e e 2i I'li-
gence for E"xecutive Service shall-
(1) meet the requirements set forth in section 3131 of title 5
for the Senior Executive Service;
(2) provide that positions in the Defense Intelligence Senior
Executive Service meet requirements that are consistent with
the provisions of section 314 (&(9 ~f tii e 5;
(3) provide ra . of pay for the Defense Intelligence Senior
Execu if v Service that are not in excess of the maximum rate
or less than the minimum rate of basic pay established for the
Senior Executive Service under section 5382 of title 5, and that
are adjusted at the same time and to the same extent as rates
of basic pay for the Senior Executive Service are adjusted;
(4) provide a performance appraisal system for the Defense
Intelligence Senior Executive Service that conforms to the pro-
visions of subchapter II Qf chapter 43 of tit
(5) provide for remova consis en wit section 3592 of such
title, and removal or suspension consi ons (a),
(b), and (c) of section 7543 of title 5 (except that any hearing or
appeal to which a member of the Defense Intelligence Senior
Executive Service is entitled shall be held or decided pursuant
to procedures established by regulations of the Secretary of De-
fense);
(6) per , . inn t~the~payme of performance awards to members
of the Defense igence Senior Executive Service consistent
with the provisions applicable to performance awards under
section 5384 of title 5; and
(7) provide that members of the Defense Intelligence Senior
Executive Service may be granted sabbatical s consistent
with the provisions of section 3 36 c 5fT1Ti e
(b) Except as otherwise provided in subsection (a), the Secretary
of Defense may-
( -ma a applicable to the Defense Intelligence Senior Execu-
tive ervi any oft e provisions of title 5 applicable to appli-
cants for or members of the Senior Executive Service; and
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.. OF TITLE 10
(2) appoint, promote, and assign individuals to positions es-
tablished within the Defense Intelligence Senior Executive
Service without regard to the provisions of title 5 governing
appointments and other personnel actions in the competitive
service.
(c) The President, based on the recommendations of the Secre-
tary of Defense, may award ranks to members of the Defense Intel-
ligence Senior Executive Service in a manner consistent with the
provisions of section 4507 of title 5.
(d) Notwithstanding any other provision of this section, the Sec-
retary of Defense may detail or assign any member of the Defense
Intelligence Senior Executive Service to serve in a position outside
the Defense Intelligence Agency in which the member's expertise
and experience may be of benefit to the Defense Intelligence
Agency or another Government agency. Any such member shall
not by reason of such detail or assignment lose any entitlement or
status associated with membership in the Defense Intelligence
Senior Executive Service.
(e) The Secretary of Defense shall each year submit to the Per-
manent Select Committee on Intelligence of the House of Repre-
sentatives and the Select Committee on Intelligence of the Senate
at the time the Budget is submitted by the President to the Con-
gress for the next fiscal year, a report on the executive personnel
in the Defense Intelligence Agency. The report shall include-
(1) the total number of positions added to or deleted from the
Defense Intelligence Senior Executive Service during the pre-
ceding fiscal year;
3 (2) the number of executive personnel (including all members
3 of the Defense Intelligence Senior Executive Service) being
paid at each grade level and pay rate in effect at the end of the
preceding fiscal year;
(3) the number, distribution, and amount of awards paid to
members of the Defense Intelligence Senior Executive Service
k during the preceding fiscal year; and
(4) the number of individuals removed from the Defense In-
telligence Senior Executive Service during the preceding fiscal
year for less than fully successful performance.
? 1602. Defense Intelligence Agenc merit pay system
The Secretary of Defens may regulation establish a merit
pay system for such emplo
yees o the Defense In e?1Tiggei~icy
as the ecretary considers appropriate. The merit pay system shall
be designed to carry out purposes consistent with those set forth in
section 5401(a) of title 5.
(Adde u .-89, title VII, ? 701(a)(1), Dec. 4, 1981, 95 Stat.
? 160
Nothing in this chapter shall be construed to allow the aggregate
amount payable to a member of the Defense Intelligence Senior
Executive Service under this chapter during any fiscal year to
exceed the annual rate payable for positions at level I of the Execu-
tive Schedule in effect at the end of such year.
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? 1604. Civilian personnel management
(a) The Secretary of Defense may, without regard to the provi-
sions of any other law relating to the number, classification, or
compensation of employees-
(1) establish such positions for civilian officers and employees
in the Defense Intelligence Agency as may be necessary to
carry out the functions of such Agency;
(2) appoint individuals to such positions; and
(3) fix the compensation of such individuals for service in
such positions.
(b) The Secretary of Defense shall, subject to subsection (c), fix
the rates of basic pay for positions established under subsection (a)
in relation to the rates of basic pay provided in the General Sched-
ule under section 5332 of title 5 for positions subject to such Sched-
ule which have corresponding levels of duties and responsibilities.
Except in the case of an officer or employee of the Defense Intelli-
gence Agency serving as a member of the Defense Intelligence
Senior Executive Service, no officer or employee of the Defense In-
telligence Agency may be paid basic compensation at a rate in
excess of the highest rate of basic pay contained in such General
Schedule.
(c) The Secretary of Defense is authorized, consistent with section
5341 o title 5, to p such provisions of such fit e aH ' p _le_oai mg rate sys ein Iic pay and to app y sucTi provisions Co
tDo`- itions in or un ear which t defense-Intelligence Agencymay
emp ioy ioy n lvihuals'-desc?"?ribed by section 53-42(a' ) o suc i Te.
(d) In addition to the basic compensation payable under subsec-
tion (b), officers and employees of the Defense Intelligence Agency,
who are citizens or nationals of the United States and who are sta-
tioned outside the continental United States or in Alaska may be
paid compensation, in accordance with regulations prescribed by
the Secretary of Defense, not in excess of an allowance authorized
to be paid by section 5941(a) of title 5 for employees whose rates of
basic pay are fixed by statute. Such allowances shall be based on-
(1) living costs substantially higher than in the District of
Columbia;
(2) conditions of environment which differ substantially from
conditions of environment in the continental United States and
warrant an allowance as a recruitment incentive; or
(3) both of the factors described in paragraphs (1) and (2).
(e)(1) Notwithstanding any other provision of law, the Secretary
of Defense may, during fiscal years 1986 and 1987, terminate the
employment of civilian of if ` er of" mp1o ee of the Defense In-
telligence Agency whenever he considers that action to be in the
interests of the United States and he determines that the proce-
dures prescribed in other provisions of law that authorize the ter-
mination of the employment of such officer or employee cannot be
invoked in a manner consistent with the national security. The de-
cisions of the Secretary under this paragraph are final and may
not be appealed or reviewed outside the Department of Defense.
The Secretary of Defense shall promptly notify the Permanent
Select Committee on Intelligence of the House of Representatives
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and the Select Committee on Intelligence of the Senate whenever
this termination authority is exercised.
(2) Any termination of employment under this subsection shall
not affect the right of the officer or employee involved to seek or
accept employment with any other department or agency of the
United States if he is declared eligible for such employment by the
Director of the Office of Personnel Management.
(3) The Secretary of Defense may delegate authority under this
subsection only to the Deputy Secretary of Defense or the Director
of the Defense Intelligence Agency or both. An action to terminate
any civilian officer or employee by either such officer shall be ap-
pealable to the Secretary of Defense.
? 1605. Benefits for certain employees of the Defense Intelligence
Agency
(a) Secretary of Defense may provide to civilian personnel of the
Department of Defense who are United States nationals, who are
assigned to Defense Attache Offices and Defense Intelligence
Agency Liaison Offices outside the United States, and who are des-
ignated by the Secretary of Defense for the purposes of this subsec-
tion, allowances and benefits comparable to those provided by the
Secretary of State to officers and employees of the Foreign Service
under paragraphs (2), (3), (4), (5), (6), (7), (8), and (13) of section 901
and sections 705 and 903 of the Foreign Service Act of 1980 (22
U.S.C. 4081 (2), (3), (4), (5), (6), (7), (8), and (13), 4025, 4083) and
under section 5924(4) of title 5. The Secretary may also provide to
any such civilian personnel who are subject to chapter 84 of title 5,
special retirement accrual benefits in the same manner provided
for certain officers and employees of the Central Intelligence
Agency in section 303 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees (50 U.S.C. 403 note).
(b) The authority of the Secretary of Defense to make payments
under subsection (a) is effective for any fiscal year only to the
extent that appropriated funds are available for such purpose.
(c) Regulations issued pursuant to subsection (a) shall be submit-
ted to the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives and the
Committee on Armed Services and the Select Committee on Intelli-
gence of the Senate before such regulations take effect.
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D. ANNUAL INTELLIGENCE ACTIVITIES
AUTHORIZATION ACTS
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1987
AN ACT To authorize appropriations for fiscal year 1987 for intelligence and intelli-
gence-related activities of the United States Government, the Intelligence Com-
munity Staff, and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence Authorization Act for Fiscal Year
1987".
TITLE I-INTELLIGENCE ACTIVITIES
AUTHORIZATION OF APPROPRIATIONS
SEC. 101. Funds are hereby authorized to be appropriated for
fiscal year 1987 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States
Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
CLASSIFIED SCHEDULE OF AUTHORIZATIONS
SEC. 102. (a) The amounts authorized to be appropriated under
section 101, and the authorized personnel ceilings as of September
30, 1987, for the conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those specified
in the classified Schedule of Authorizations prepared by the Com-
mittee of Conference to accompany H.R. 4759 of the Ninety-ninth
Congress.. That Schedule of Authorizations shall be made .available
to the Committees on Appropriations of the Senate and House of
Representatives and to the President. The President shall provide
f suitable d. butionof the Schedule ox pp rop~r~a
ofecedule, within Me executiaze b arch.
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(b) Funds appropriated to the Department of Defense for fiscal
year 1987 for intelligence and intelligence-related activities and
listed under the heading "ADDITIONAL SPECIFICALLY AUTHORIZED AC-
TIVITIES" in the Schedule of Authorizations to which subsection (a)
refers, shall be considered to be specifically authorized by the Con-
gress for such activities for purposes of section 502 of the National
Security Act of 1947, notwithstanding the absence of authorizations
of appropriations for such activities in this Act.
SEC. 103. The Director of Central Intelligence may authorize em-
ployment of civilian personnel in excess of the numbers authorized
for fiscal year 1987 under sections 102 and 202 of this Act when he
determines that such action is necessary to the performance of im-
portant intelligence functions, except that such number may not,
for any element of the Intelligence Community, exceed 2 per
centum of the number of civilian personnel authorized under such
sections for such element. The Director of Central Intelligence
shall promptly notify the Permanent Select Committee on Intelli-
gence of the House of Representatives and the Select Commmittee
on Intelligence of the Senate whenever he exercises the authority
granted by this section.
AUTHORITY FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES
SEC. 104. The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of any intelli-
gence activity which is not otherwise authorized by the Constitu-
tion or laws of the United States.
INCREASES IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW
SEC. 105. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be
necessary for increases in such compensation or benefits authorized
by law.
RESTRICTION ON SUPPORT FOR MILITARY OR PARAMILITARY OPERATIONS
IN NICARAGUA
SEC. 106. Funds available to the Central Intelligence Agency, the
Department of Defense, or any other agency or entity of the United
States involved in intelligence activities may be obligated and ex-
pended during fiscal year 1987 to provide funds, materiel, or other
assistance to the Nicaraguan democratic resistance to support mili-
tary or paramilitary operations in Nicaragua only as authorized in
section 101 and as specified in the classified Schedule of Authoriza-
tions referred to in section 102, or pursuant to section 502 of the
National Security Act of 1947, or pursuant to any provision of law
specifically providing such funds, materiel, or assistance.
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AU I IWi ICA i IUn ACT FOR 1987 131
RESTRICTION ON INTELLIGENCE AGENCY COOPERATION WITH SOUTH
AFRICA
SEC. 107. No agency or entity of the United States involved in in-
telligence activities may engage in any form of cooperation, direct
or indirect, with the Government of South Africa, except activities
which are reasonably designed to facilitate the collection of neces-
sary intelligence. It is the policy of the United States that no
agency or entity of the United States involved in intelligence ac-
tivities may provide any intelligence information to the Govern-
ment of South. Africa which pertains to a South African internal
opposition group, movement, organization, or individual. Any
change in such policy, or the provision of intelligence information
contrary to such policy, shall be considered a significant anticipat-
ed intelligence activity for purposes of section 501 of the National
Security Act of 1947.
TITLE II-INTELLIGENCE COMMUNITY STAFF
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1987 the sum of $22,000,000.
AUTHORIZATION OF PERSONNEL END-STRENGTH
SEC. 202. (a) The Intelligence Community Staff is authorized two
h ndxed thirty seven full-time personnel as of September 0, ` 3877
Such pert/ so h~elyof the I7rtelligeeffee Community Staff may be perma-
nent employees of the Intelligence Community Staff or 2rs onnel
~Fi dements of`E e `United-S~ es Go vernment.
urmg fir scab year 19 7; p a onnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in in-
telligence and intelligence-related activities.
(c) During fiscal year 1987, any officer or employee of the United
States or a member of the Armed Forces who is detailed to the in-
telligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis,
except that any such 0? Icer, employee; or ember-..may be.detailed
on a nonreimbursable basis for a period of less than one year for
the performance of temporary functions as required by the Direc-
tor of Central Intelligence.
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS
CENTRAL INTELLIGENCE AGENCY
SEC. 203. During fiscal year 1987, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in
the same manner as activities and personnel of the Central Intelli-
gence Agency.
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11jL nu i nufichi iON ACT FOR 1987
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND RELATED MATTERS
AUTHORIZATION OF APPROPRIATIONS
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year
1987 the sum of $125,800,000.
SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES OF CIA EMPLOYEES
SEC. 302. (a) [Section 302(a) added a new section 224 to the Cen-
tral Intelligence Agency Retirement Act of 1964 for Certain Em-
ployees.]
(b) Section 14(a) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403n(a)) is amended by inserting "224," after "222, 223,".
(c) For fiscal year 1987, not to exceed $500,000 shall be available
from amounts appropriated under the authority of section 101(1) of
this Act for survivor annuities under section 224 of the Central In-
telligence Agency Retirement Act of 1964 for Certain Employees
and under the amendment made by subsection (b) of this section.
(d) The amendments made by this section shall take effect on
October 1, 1986.
HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL
INTELLIGENCE AGENCY EMPLOYEES
SEC. 303. (a) [Section 303(a) added a new section 16 to the Central
Intelligence Agency Act of 1949.]
(b) The amendment made by this section shall take effect on
October 1, 1986.
TITLE IV-COUNTERINTELLIGENCE AND SECURITY
SEC. 401. (a) Chapter 33 of title 28, United States Code, is amend-
ed by adding at the end thereof the following new section:
539. Counterintelligence official reception and representation
expenses
"The Director of the Federal Bureau of Investigation may use
funds available to the Federal Bureau of Investigation for counter-
intelligence programs to pay the expenses of hosting foreign offi-
cials in the United States under the auspices of the Federal Bureau
of Invesitgation for consultation on counterintelligence matters.".
(b) The table of contents for chapter 33 of title 28, United States
Code, is amended by adding at the end thereof the following:
"539 Counterintelligence official reception and representation expenses.".
(c) Chapter 4 of title 10, United States Code, is amended by
adding at the end thereof the following new section:
140a. Counterintelligence official reception and representation
expenses
"The Secretary of Defense may use funds available to the De-
partment of Defense for counterintelligence programs to pay the
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i nuInVRILniIVN ACT FOR 1987 133
expenses of hosting foreign officials in the United States under the
auspices of the Department of Defense for consultation on counter-
intelligence matters.".
(d) The table of contents for chapter 4 of title 10, United States
Code, is amended by adding at the end thereof the following:
"140a. Counterintelligence official reception and representation expenses.".
FBI ACCESS TO STATE AND LOCAL CRIMINAL RECORDS FOR SECURITY
CLEARANCES
SEC. 402. (a) Section 9101 of title 5, United States Code, is amend-
ed as follows:
(1) in paragraph (1) of subsection (b) by striking "or" after
"Office of Personnel Management,", by inserting "or the Fed-
eral Bureau of Investigation," after "the Central Intelligence
Agency,", and by striking "department, office or agency" and
inserting in lieu thereof "department, office, agency or
bureau";
(2) in subparagraph (3)(A) of subsection (b) by striking "or"
after "Office of Personnel Management," by inserting ", or the
Federal Bureau of Investigation" after "the Central Intelli-
gence Agency", by striking "department, office or agency" and
inserting in lieu thereof "department, office, agency, or
bureau", and by striking "department, office, or agency.' and
inserting in lieu thereof "department, office, agency, or
bureau.';
(3) in subparagraph (3)(B) of subsection (b) by striking "or"
after "Office of Personnel Management," and by inserting ", or
the Federal Bureau of Investigation" after "the Central Intelli-
gence Agency"; and
(4) in subsection (c) by striking "or" after "Office of Person-
nel Management," and by inserting ", or the Federal Bureau
of Investigation" after "the Central Intelligence Agency".
(b) Section 803(a) of the Intelligence Authorization Act for fiscal
year 1986 (Public Law 99-169) is amended by striking "and" after
"Office of Personnel Management," and by inserting `and the Fed-
eral Bureau of Investigation," after "the Central Intelligence
Agency,".
(c) The amendments made by this section .shall become effective
with respect to any inquiry which begins after the date of enact-
ment of this Act conducted by the Federal Bureau of Investigation
for purposes specified in paragraph (b)(1) of.section 9101 of title 5,
United States Code.
PERMANENT EXTENSION OF DOD AUTHORITY TO USE PROCEEDS FROM
COUNTERINTELLIGENCE OPERATIONS
SEC. 403. (a) Chapter 4 of title 10, United States Code, as amend-
ed by section 401(c) of this Act, is further amended by adding at
the end thereof the following new section:
140b. Authority to use proceeds from counterintelligence oper-
ations of the military departments
"(a) The Secretary of Defense may authorize, without regard to
the provisions of section 3302 of title 31, United States Code, use of
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ACT FOR 1987
proceeds from counterintelligence operations conducted by compo-
nents of the military departments of offset necessary and reasona-
ble expenses, not otherwise prohibited by law, incurred in such op-
erations, and to make exceptional performance awards to person-
nel involved in such operations, if use of appropriated funds to
meet such expenses or to make such awards would not be practica-
ble.
"(b) As soon as the net proceeds from such counterintelligence
operations are no longer necessary for the conduct of those oper-
ations, such proceeds shall be deposited into the Treasury as mis-
cellaneous receipts.
"(c) The Secretary of Defense shall establish policies and proce-
dures to govern acquisition, use, management, and disposition of
proceeds from counterintelligence operations conducted by compo-
nents of the military departments, including effective internal sys-
tems of accounting and administrative controls.".
(b) The table of contents for chapter 4 of title 10, United States
Code, as amended by section 401(d) of this Act, is further amended
by adding at the end thereof the following:
"140b. Authority to use proceeds from counterintelligence operations of the military
departments.".
FEDERAL BUREAU OF INVESTIGATION COUNTERINTELLIGENCE ACCESS TO
FINANCIAL RECORDS OF AGENTS OF FOREIGN POWERS
SEC. 404. Section 1114(a) of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)) is amended by adding at the end thereof
the following new paragraph:
"(5)(A) Financial institutions, and officers, employees, and
agents thereof, shall comply with a request for a customer's or
entity's financial records made pursuant to this subsection by
the Federal Bureau of Investigation when the Director of the
Federal Bureau of Investigation (or the Director's designee)
certifies in writing to the financial institution that such
records are sought for foreign counterintelligence purposes and
that there are specific and articulable facts giving reason to be-
lieve that the customer or entity whose records are sought is a
foreign power or an agent of a foreign power as defined in sec-
tion 101 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801).
"(B) The Federal Bureau of Investigation may disseminate
information obtained pursuant to this paragraph only as pro-
vided in guidelines approved by the Attorney General for for-
eign intelligence collection and foreign counterintelligence in-
vestigations conducted by the Federal Bureau of Investigation,
and, with respect to dissemination to an agency of the United
States, only if such information is clearly relevant to the au-
thorized responsibilities of such agency.
"(C) On a semiannual basis the Attorney General shall fully
inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelli-
gence of the Senate concerning all requests made pursuant to
this paragraph.
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"(D) No financial institution, or officer, employee, or agent of
such instituion, shall disclose to any person that the Federal
Bureau of Investigation has sought or obtained access to a cus-
tomer's or entity's financial records under this paragraph.".
TITLE V
ADMINISTRATIVE AUTHORITIES RELATING TO
-
INTELLIGENCE PERSONNEL
DEFENSE INTELLIGENCE AGENCY CIVILIAN MEDICAL EVACUATION
BENEFIT
SEC. 501. Subsection 1605(a) of title 10, United States Code, is
amended by inserting ", (5)" after "paragraphs (2), (3), (4)" and
after "(22 U.S.C. 4081 (2), (3), (4))".
ONE YEAR EXTENSION OF DEFENSE INTELLIGENCE AGENCY SPECIAL
TERMINATION AUTHORITY
SEC. 502. Paragraph 1604(e)(1) of title 10, United States Code, is
amended by striking "fiscal years 1985 and 1986" and inserting in
lieu thereof "fiscal years 1986 and 1987".
ACCEPTANCE OF DIRECTOR OF CENTRAL INTELLIGENCE AWARDS BY
MILITARY INTELLIGENCE PERSONNEL
SEC. 503. Section 402 of the Intelligence Authorization Act for
Fiscal Year 1984 (Public Law 98-215) is amended by adding at the
end thereof the following: N
"(c) During fiscal year 1987, the Director of Central Intelligence
may exercise the authority granted in section 4503(2) of title 5,
United States Code, with respect to members of the Armed Forces
who are assigned to foreign intelligence duties at the time of the
conduct which gives rise to the exercise of such authority.
"(d) An award made by the Director of Central Intelligence to an
employee or member of the Armed Forces under the authority of
section 4503 of title 5, United States Code, or this section may be
paid and accepted notwithstanding-
"(1) section 5536 of title 5, United States Code; and
"(2) the death, separation, or retirement of the employee or
the member of the Armed Forces whose conduct gave rise to
the award, or the assignment of such member to duties other
than foreign intelligence duties.".
MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL OF THE
MILITARY DEPARTMENTS
SEC. 504. (a) Chapter 81 of title 10, United States Code, is amend-
ed by adding at the end thereof the following new section:
1590. Management of civilian intelligence personnel of the mili-
tary departmen s
"(a) The Secretary of Defense may, without regard to the nrovi-
sions of any other law relating to the un erassification, or
compensation of em loyees-
I( esta lish such positions for civilian intelligence officers
and employees of the military departments as may be neces-
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sary to carry out the intelligence functions of such depart-
ments;
"(2) appoint individuals to such positions; and
"(3) fix the compensation of such individuals for service in
such positions.
"(b) The Secretary of Defense shall, subject to subsection (c), fix
the rates of basic pay for positions established under subsection (a)
in relation to the rates of basic pay provided in the General Sched-
ule under section 5332 of title 5 for positions subject to such Sched-
ule which have corresponding levels of duties and responsibilities.
Except in the case of a civilian intelligence officer or employee of a
military department serving as a member of the Senior Executive
Service of a military department, no civilian intelligence officer or
employee of a military department may be paid basic pay at a rate
in excess of the highest rate of basic pay payable under such Gen-
eral Schedule.
"(c) The Secretary of Defense is authorized, consistent with sec-
tion 5341 of title 5, to adopt such provisions of such title as provide
for prevailing rate systems of basic pay and to apply such provi-
sions to positions for civilian intelligence officers or employees in
or under which the military departments may employ individuals
described by section 5342(a)(2)(A) of such title.
"(d) In addition to the basic pay payable under subsection (b), ci-
vilian intelligence officers and employees of the military depart-
ments who are citizens or nationals of the United States and who
are stationed outside the continental. United States or in Alaska
may be paid allowances, in accordance with regulations prescribed
by the Secretary of Defense, not in excess of an allowance author-
ized to be paid by section 5941(a) of title 5 for employees whose
rates of basic pay are fixed by statute. Such allowances shall be
based on- -
"(1) living costs substantially higher than in the District of
Columbia;
"(2) conditions of environment which differ substantially
from conditions of environment in the continental United
States and warrant an allowance as a recruitment incentive; or
"(3) both of the factors described in paragraphs (1) and (2).
"(e)(1) Notwithstanding any other provision of law, the Secretary
J of Defense may, during fiscal year 1987, terminate the employment
of any civilian ante ig e o icer or employee of a military depart-
ment whenever he considers that action to be in the interests of
the United States and he determines that the procedures pre-
scribed in other provisions of law that authorize the termination of
the employment of such officer or employee cannot be invoked in a
manner consistent with the national security. The decisions of the
Secretary under this paragraph are final and may not be appealed
or reviewed outside the Department of Defense. The Secretary of
Defense shall promptly notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Com-
mittee on Intelligence of the Senate whenever this termination au-
thority is exercised.
"(2) Any termination of employment under this subsection shall
not affect the right of the officer or employee involved to seek or
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accept employment with any other department or agency of the
United States if he is declared eligible for such employment by the
Director of the Office of Personnel Management.
"(3) The Secretary of Defense may. delegate authority under this
subsection only to the Deputy Secretary of Defense or the Secre-
tary concerned or both. An action to terminate any civilian intelli-
gence officer or employee of a military department by either such
officer shall be appealable to the Secretary of Defense.".
(b) The table of sections at the beginning of chapter 81 of title 10,
United States Code is amended by adding at the end thereof the
following new item:
"1590. Management of civilian intelligence personnel of the military departments.".
(c) The Secretary of Defense shall-conduct a =comp e l sive
r view and evaluation of the implementation of section 1590 of title
10, mte tats es Code and shall report t . eon toth_ a Congresstno
la erFia --- arch 1 ?9 uch report shall-
(1) describe the extent to which the civilian intelligence per-
sonnel management systems established under section 1590 of
title 10 have improved acquisition and retention of civilian in-
telligence personnel by the military departments;
(2) describe the elements of uniformity among.the civilian in-
telligence personnel management systems established under
section 1590 of title 10;
(3) describe the elements of diversity among the civilian in-
telligence personnel management systems established under
section 1590 of title 10, and explain the need for such diversity
based on differences in the intelligence needs or missions ofi
the military departments;
(4) describe the means for oversight within the Office of the
Secretary of Defense and each of the military departments for
ensuring consistent application of regulations, directives, and
guidelines which implement the authority granted under sec-
tion 1590 of title 10;
(5) contain recommendations for any legislative changes the
Secretary of Defense may deem appropriate; and
(6) include such other matters as the Secretary of Defense
may deem appropriate.
NATIONAL SECURITY AGENCY ACQUISITION OF CRITICAL SKILLS
SEC. 505. [Section 505 added a new section 16 to the National Se-
curity Agency Act of 1959.]
CENTRAL INTELLIGENCE AGENCY ACQUISITION OF CRITICAL SKILLS
SEC. 506. Pursuant to the authority granted in section 8 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403j), the Direc-
tor of Central Intelligence shall establish an undergraduate train-
ing program with respect to civilian employees of the Central Intel-
ligence Agency similar in purpose, conditions, content, and admin-
istration to the program which the Secretary of Defense is author-
ized to establish under section 16 of the National Security Act of
1959 (50 U.S.C. 402 note) for civilian employees of the National Se-
curity Agency.
ILLEGIB
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SEC. 507. Not later than January 3, 1987, the Secretary of, De-
fense and the Director of Central Intelligence shall submit jointly
to the. Congress an unclassified report describing the civilian per-
sonnel systems for Officers and employees of the Central Intelli-
gence Agency, the National Security Agency, and the Defense In-
telligence Agency, and the personnel systems for officers and em-
ployees established under section 1590 of title 10, United States
Code, as added by section 504, for civilian intelligence personnel of
the military departments. The report shall include descriptions
(1) how each such intelligence personnel system differs from
the competitive service and from each other such system;
(2) the specific features of each such personnel system to
ensure compliance with the merit system principles set forth
in section 2301 of title 5, United States Code;
(3) any features of compensation (including bonuses and
awards) unique to such personnel system;
(4) authorities to take actions (including the number of such
actions) through employment termination provisions which do
not permit appeals outside the agency; and
(5) any recruitment or retention problems existing within
such system.
SEC. 601. (a) Chapter 167 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
2795. Exchange of mapping, charting, and geodetic data with
foreign countries and international organizations
"The Secretary of Defense may authorize the Defense Mapping
Agency to exchange or furnish mapping, charting, and geodetic
data, supplies and services to a foreign country or international or-
ganization pursuant to an agreement for the production or ex-
change of such data.".
(b) The table of contents of chapter 167 of title 10, United States
Code, is amended by adding at the end thereof:
"2795. Exchange of mapping, charting, and geodetic data with foreign countries and
international organizations.".
NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES
AND DEFENSE SERVICES
SEC. 602. (a) [Section 602(a) added a new section 503 to the Na-
tional Security Act of 1947.]
(b) The table of contents at the end of the first section of such
Act is amended by inserting the following after the item relating to
section 502:
"503. Notice to Congress of certain transfers of defense articles and defense serv-
ices.".
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SEC. 603. Section 8312(c)(1)(C) of title 5, United States Code is
amended by striking the period at the end thereof and inserting in
lieu thereof "or section 601 of the National Security Act of 1947 (50
U.S.C. 421) (relating to intelligence identities).".
TITLE VII-PROTECTION OF UNITED STATES INTERESTS
SEC. 701. Section 202(a)(4) of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 4302(a)(4)) is amended to read as follows:
"(4) `foreign mission' means any mission to or agency or
entity in the United States which is involved in the diplomatic,
consular, or other activities of, or which is substantially owned
or effectively controlled by-
"(A) a foreign government, or
"(B) an organization (other than an international organi-
zation, as defined in section 209(b) of this title) represent-
ing a territory or political entity which has been granted
diplomatic or other official privileges and immunities
under the laws of the United States or which engages in
some aspect of the conduct of the international affairs of
such territory or political entity,
including any real property of such a mission and including the
personnel of such a mission;".
SEC. 702. (a)(1) It is the policy of the Congress that the number of
nationals of the Soviet Union admitted to the United States to
serve as members of the Soviet mission at the United Nations
headquarters shall not substantially exceed the number of United
States nationals who serve as members of the United States mis-
sion at the United Nations headquarters, unless the President de-
termines that the admission to the United States of additional
Soviet nationals to serve as members of the Soviet mission at the
United Nations headquarters would be in the interest of the
United States.
(2) Beginning six months after the date of enactment of this sec-
tion, and every six months thereafter, the Secretary of State shall
prepare and transmit to the Committee on Foreign Relations and
the Select Committee on Intelligence of the Senate and to the Com-
mitee on Foreign Affairs and the Permanent Select Committee on
Intelligence of the House of Representatives a report setting forth
the number of Soviet nationals admitted during the preceding six-
month period to the United States pursuant to a determination of
the President under paragraph (1) and their duties with the Soviet
mission at the United Nations headquarters.
(3) Nothing in this subsection may be construed as including any
dependent or spouse who is not a member of a mission at the
United Nations headquarters in the calculation of the number of
members of a mission at the United Nations headquarters.
(b) It is the sense of the Congress that the Secretary of State and
the Attorney General should, not later than six months after the
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date of enactment of this section, prepare and transmit to the Com-
mittee on Foreign Relations and the Select Committee on Intelli-
gence of the Senate and to the Committee on Foreign Affairs and
the Permanent Select Committee on Intelligence of the House of
Representatives a report setting forth a plan for ensuring that the
number of Soviet national described in paragraph (a)(1) does not
exceed the limitation described in that paragraph.
(c) For purposes of this section-
(1) the term "members of the Soviet mission" and "members
of the United States mission" are used within the meaning of
the term "members of the mission", as defined by article 1(b)
of the Vienna Convention on Diplomatic Relations, done April
18, 1961; and
(2) the term "mission at the United Nations headquarters"
of a country includes all the missions of such country to the
United Nations in New York City and includes missions in
New York City to specialized agencies of the United Nations,
as defined in article 57 of the charter of the United Nations.
REGISTRATION OF AGENTS OF CERTAIN FOREIGN GOVERNMENTS
SEC. 703. Section 951 of title 18, United States Code, is amended
by adding at the end thereof the following new subsection:
"(e) Notwithstanding paragraph (d)(4), any person engaged in a
legal commercial transaction shall be considered to be an agent of
a foreign government for purposes of this section if-
"(1) such person agrees to operate within the United States
subject to the direction or control of a foreign government or
official; and
"(2) such person-
"(A) is an agent of the Soviet Union, the German Demo-
cratic Republic, Hungary, Czechoslovakia, Poland, Bulgar-
ia, Romania, or Cuba, unless the Attorney General, after
consultation with the Secretary of State, determines and
so reports to the Congress that the national security or for-
eign policy interests of the United States require that the
provisions of this section do not apply in specific circum-
stances to agents of such country; or
"(B) has been convicted of, or has entered a plea of nolo
contendere with respect to, any offense under section 792
through 799, 831, or 2381 of this title or under section 11 of
the Export Administration Act of 1979, except that. the
provisions of this subsection shall not apply to a person de-
scribed in this clause for a period of more than five years
beginning on the date of the conviction or the date of
entry of the plea of nolo contendere, as the case may be.".
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.INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1986
AN ACT To authorize appropriations for fiscal year 1986 for intelligence and intelli-
gence-related activities of the United States Government the Intelligence Commu-
nity Staff, the Central Intelligence Agency Retirement and Disability System, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence Authorization Act for Fiscal Year
1986".
SEC. 101. Funds are hereby authorized to be appropriated for
fiscal year 1986 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States
Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The. Department. of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
SEC. 102. The amounts authorized to be appropriated under sec-
tion 101, and the authorized personnel ceilings as of September 30,
1986, for the conduct of the intelligence and intelligence-related ac-
tivities of the elements listed in such section, are those specified in
the classified Schedule of Authorizations prepared by the Commit-
tee of Conference to accompany H.R. 2419 of the Ninety-ninth Con-
gress. That Schedule of Authorizations shall be made available to
the Committees on Appropriations of the Senate and House of Rep-
resentatives and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
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142 AUTHORIZATION ACT FOR 1986
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
SEC. 103. (a) There is authorized to be appropriated for fiscal year
1986 the sum of $50,600,000 for the conduct of the activities of the
Federal Bureau of Investigation to counter domestic and interna-
tional terrorism.
(b) Of the sums authorized to be appropriated by subsection (a),
$500,000 is authorized to be made available by the Attorney Gener-
al for making payments in advance for expenses arising out of con-
tractual and reimbursable agreements with .State and local law en-
forcement agencies while engaged in cooperative activities to
counter domestic and international terrorism.
SEC. 104. The Director of Central Intelligence may authorize em-
ployment of civilian personnel in excess of the number authorized
for fiscal year 1986 under sections 102 and 202 of this Act when he
determines that such action is necessary to the performance of im-
portant intelligence functions, except that such number may not,
for any element of the Intelligence Community, exceed 2 per
centum.of the number of civilian personnel authorized under such
sections for such element. The Director of Central Intelligence
shall promptly notify the= Permanent Select Committee on Intelli-
gence of the House of Representatives and the Select Committee on
Intelligence of the Senate whenever he exercises the authority
granted by this section.
RESTRICTION ON SUPPORT FOR MILITARY OR PARAMILITARY OPERATIONS
IN NICARAGUA
SEC. 105. (a) Funds available to the Central Intelligence Agency,
the Department of Defense, or any other agency or entity of the
United States involved in intelligence activities may be obligated
and expended during fiscal year 1986 to provide funds, materiel, or
other assistance to the Nicaraguan democratic resistance to sup
port military or paramilitary operations in Nicaragua only as au-
thorized in section 101 and as specified in the classified Schedule of
Authorizations referred to in section 102, or pursuant to section
502 of the National Security Act of 1947, or to section 106 of the
Supplemental Appropriations Act, 1985 (Public Law 99-88).
(b) Nothing in this section precludes-
(1) administration, by the Nicaraguan Humanitarian Assist-
ance Office established by Executive order 12530, of the pro-
gram of humanitarian assistance to the Nicaraguan democrat-
ic resistance provided for in the Supplemental Appropriations
Act, 1985, or
(2) activities of the Department of State to solicit such hu-
manitarian assistance for the Nicaraguan democratic resist-
ance.
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AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION
OF A RESEARCH AND ENGINEERING FACILITY AT THE NATIONAL SECU-
RITY AGENCY HEADQUARTERS COMPOUND
SEC. 106. The National Security Agency is authorized to secure
the design and construction of a research and engineering facility
as its headquarters compound at Ft. Meade, Maryland. A single
continuous contract may be employed to facilitate completion of
the building authorized by this section, and the Secretary of De-
fense is authorized to contract for design and construction in ad-
vance of appropriations therefor, but the cost of such facility may
not exceed $75,064,000. Of the amounts authorized to be appropri-
ated under section 101(4) of this Act, there is authorized to be ap-
propriated for fiscal year 1986 the sum of $21,364,000 for design
and construction of the facility authorized by this section during
fiscal year 1986.
SEC. 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1986 the sum of $22,083,000.
AUTHORIZATION OF PERSONNEL END-STRENGTH
SEC. 202. (a) The Intelligence Community Staff is authorize o-
huunddrr and thirty-three full time personnel as of September 30,
f 86. Suc personn f4hv
7Ytiliigence Community Staff may be
permanent employees of the Intelligence Community Staff or per-
sonnel detailed from other elements of the United States Govern-
ment.
(b) During fiscal year 1986, personnel of the Intellience Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in in-
telligence and intelligence-related activities.
(c) During fiscal year 1986, any officer or employee of the United
States or a member of the Armed Forces who is detailed to the In-
telligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis,
except that any such officer, employee, or member may be detailed
on a nonreimbursable basis for a period of less than one year for
the performance of temporary functions as required by the Direc-
tor of Central Intelligence.
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS
CENTRAL INTELLIGENCE AGENCY
SEC. 203. During fiscal year 1986, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in
the same manner as activities and personnel of the Central Intelli-
gence Agency.
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144 AUTHORIZATION ACT FOR 1986
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
- AND DISABILITY SYSTEM
AUTHORIZATION OF APPROPRIATIONS
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year
1986 the sum of $101,400,000.
TITLE IV-PROVISIONS RELATING TO INTELLIGENCE
AGENCIES
SEC. 401. (a) [Section 401(a) added a new section 502 to the Na-
tional Security Act of 1947.]
(b) The table of contents at the end of the first section of such
Act is amended by inserting the following after the item relating to
section 501:
"Sec. 502. Funding of intelligence activities.".
(c) The amendment made by section 401(a) of this Act shall not
apply with respect to funds appropriated to the Director of Central
Intelligence under the heading "ENHANCED SECURITY COUNTERMEAS-
URES CAPABILITIES" in the Supplemental Appropriations Act, 1985
(Public Law 99-88).
COUNTERINTELLIGENCE CAPABILITIES IMPROVEMENTS REPORT
SEC. 402. (a) Within one hundred and twenty days after the date
of enactment of this Act, the President shall submit to the Perma-
nent Select Committee on Intelligence of the House of Representa-
tives and the Select Committee on Intelligence of the Senate a re-
port on the capabilities, programs, and policies of the United States
to protect against, detect, monitor, counter, and limit intelligence
activities by foreign powers, within and outside the United States,
directed at United States Government activities or information, in-
cluding plans for improvements which presently are within the au-
thority of the executive branch to effectuate, and recommendations
for improvements which would require legislation to effectuate.
(b) The report described in subsection (a) of this section shall be
exempt from any requirement for publication or disclosure.
NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES
AND DEFENSE SERVICES
SEC. 403. (a)(1) During fiscal year 1986, the transfer of a defense
article or defense service exceeding $1,000,000 in value by an intel-
ligence agency to a recipient outside that agency shall be consid-
ered a significant anticipated intelligence activity for the purpose
of section 501 of the National Security Act of 1947.
(2) Paragraph (1) does not apply if-
(A) the transfer is being made to a department, agency, or
other entity of the United States (so long as there will not be a
subsequent retransfer of the defense articles or defense serv-
ices outside the United States Government in conjunction with
an intelligence or intelligence-related activity); or
(B) the transfer-
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(i) is being made pursuant to authorities contained in
part II of the Foreign Assistance Act of 1961, the Arms
Export Control Act, title 10 of the United States Code (in-
cluding a law enacted pursuant to section 7307(b)(1) of that
title), or the Federal Property and Administrative Services
Act of 1949, and
(ii) is not being made in conjunction with an intelligence
or intelligence-related activity.
(3) An intelligence agency may not transfer any defense articles
or defense services outside the agency in conjunction with any in-
telligence or intelligence-related activity for which funds were
denied by the Congress.
(b) As used in this section-
(1) the term "intelligence agency" means any department,
agency, or other entity of the United States involved in intelli-
gence or intelligence-related activities;
(2) the terms "defense articles" and "defense services" mean
the items on the United States Munitions List pursuant to sec-
tion 38 of the Arms Export Control Act (22 CFR part 121);
(3) the term "transfer" means-
(A) in the case of defense articles, the transfer of posses-
sion of those articles, and
(B) in the case of defense services, the provision of those
services; and
(4) the term "value" means-
(A) in the case of defense articles, the greater of-
(i) the original acquisition cost to the United States
Government, plus the cost of improvements or other
modifications made by or on behalf of the Govern-
ment; or
(ii) the replacement cost; and
(B) in the case of defense services, the full cost to the
Government of providing the services.
SEC. 501. The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of any intelli-
gence activity which is not otherwise authorized by the Constitu-
tion or laws of the United States.
INCREASES IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW
SEC. 502. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be
necessary for increases in such compensation or benefits authorized
by law.
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TITLE VI-FACILITATING NATURALIZATION OF CERTAIN
FOREIGN INTELLIGENCE SOURCES
IMMIGRATION AND NATIONALITY ACT AMENDMENT
SEC. 601. Section 316 of the Immigration and Nationality Act (8
U.S.C. 1427) is amended by adding at the end thereof the following
new subsection:
"(g)(1) Whenever the Director of Central Intelligence, the Attor-
ney General and the Commissioner of Immigration determines that
a petitioner otherwise eligible for naturalization has made an ex-
traordinary contribution to the national security of the United
States or to the conduct of United States intelligence activities, the
petitioner may be naturalized without regard to the residence and
physical presence requirements of this section, or to the prohibi-
tions of section 313 of this Act, and no residence within the juris-
diction of the court shall be required: Provided, That the petitioner
has continuously resided in the United States for at least one year
prior to naturalization: Provided further, That the provisions of
this subsection shall not apply to any alien described in subpara-
graphs (A) through (D) of paragraph 243(h)(2) of this Act.
"(2) A petition for naturalization may be filed pursuant to this
subsection in any district court of the United States, without
regard to the residence of the petitioner. Proceedings under this
subsection shall be conducted in a manner consistent with the pro-
tection of intelligence sources, methods and activities.
"(3) The number of aliens naturalized pursuant to this subsection
in any fiscal year shall not exceed five. The Director of Central In-
telligence shall inform the Select Committee on Intelligence and
the Committee on the Judiciary of the Senate and the Permanent
Select Committee on Intelligence and the Committee on the Judici-
ary of the House of Representatives within a reasonable time prior
to the filing of each petition under the provisions of this subsec-
tion.".
USE OF PROCEEDS FROM DEFENSE DEPARTMENT COUNTERINTELLIGENCE
OPERATIONS
SEC. 701. (a) During fiscal year 1986, the Secretary of Defense
may authorize, without regard to the provisions of section 3302 of
title 31, United States Code, use of proceeds from counterintelli-
gence operations conducted by components of the Military Depart-
ments to offset necessary and reasonable expenses, not otherwise
prohibited by law, incurred in such operations, , if use of appropri-
ated funds to meet such expenses would not be practicable.
(b) As soon as the net proceeds from such counterintelligence op-
erations are no longer necessary for the. conduct of those oper-
ations, such proceeds shall be deposited into the Treasury as mis-
cellaneous receipts.
(c) The Secretary of Defense shall establish policies and proce-
dures to govern acquisition, use, management and disposition of
proceeds from counterintelligence operations conducted by compo-
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nents of the Military Departments, including effective internal sys-
tems of accounting and administrative controls.
RETIREMENT BENEFITS FOR CERTAIN CENTRAL INTELLIGENCE AGENCY
EMPLOYEES SERVING IN UNHEALTHFUL AREAS
SEC. 702. Section 251 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees (50 U.S.C. 403 note) is
amended by inserting "(a)" after "SEC. 251." and by adding at the
end thereof the following new subsection:
"(b) The Director of Central Intelligence may from time to time
establish, in consultation with the Secretary of State, a list of
places outside the United States which by reason of climatic or
other extreme conditions are to be classed as unhealthful posts.
Each year of duty at such posts, inclusive of regular leaves of ab-
sence, shall be counted as one and a half years in computing the
length of service of a participant under this Act for the purpose of
retirement, fractional months being considered as full months in
computing such service. No extra credit for service at such un-
healthful posts shall be credited to any participant who is paid a
differential under section 5925 or 5928 of title 5, United States
Code, for such service.".
TITLE VIII-ACCESS TO CRIMINAL HISTORY RECORDS FOR
NATIONAL SECURITY PURPOSES
SEC. 801. (a) Part III of title 5, United States Code, is amended by
adding after chapter 89 the following new subpart:
"Subpart H-Access to Criminal History Record Information
"CHAPTER 91-ACCESS TO CRIMINAL HISTORY
RECORDS FOR NATIONAL SECURITY PURPOSES
"Sec.
"9101. Criminal history record information for national security purposes.
9101. Criminal history record information for national security
purposes
"(a) As used in this section:
"(1) The term `criminal justice agency' includes Federal,
State, and local agencies and means: (A) courts, or (B) a Gov-
ernment agency or any subunit thereof which performs the ad-
ministration of criminal justice pursuant to a statute or Execu-
tive order, and which allocates a substantial part of its annual
budget to the administration of criminal justice.
"(2) The term `criminal history record information' means
information collected by criminal justice agencies on individ-
uals consisting of identifiable descriptions and notations of ar-
rests, indictments, informations, or, other formal criminal
charges, and any disposition arising therefrom, sentencing, cor-
rection supervision, and release. The term does not include
identification information such as fingerprint records to the
extent that such information does not indicate involvement of
the individual in the criminal justice system. The term does
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1-90 nu i nunicni iJN ACT FOR 1986
not include those records of a State or locality sealed pursuant
to law from access by State and local criminal justice agencies
of that State or locality.
"(3) The term `classified information' means information or
material designated pursuant to the provisions of a statute or
Executive order as requiring protection against unauthorized
disclosure for reasons of national security.
"(4) The term `State' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, Guam, The Virgin Islands, Ameri-
can Samoa, the Trust Territory of the Pacific Islands, and any
other territory or possession of the United States.
"(5) The term `local' and `locality' means any local govern-
ment authority or agency or component thereof within a State
having jurisdiction over matters at a county, municipal, or
other local government level.
"(b)(1) Upon request by the Department of Defense, the Office of
Personnel Management, or the Central Intelligence Agency, crimi-
nal justice agencies shall make available criminal history record
information regarding individuals under investigation by such de-
partment, office or agency for the purpose of determining eilgibility
for (A) access to classified information or (B) assignment to or re-
tention in sensitive national security duties. Such a request to a
State central criminal history record repository shall be accompa-
nied by the fingerprints of the individual who is the subject of the
request if required by State law and if the repository uses the fin-
gerprints in an automated fingerprint identification system. Fees,
if any, charged for providing criminal history record information
pursuant to this subsection shall not exceed the reasonable cost of
providing such information, nor shall they in any event exceed
those charged to State or local agencies other than criminal justice
agencies for such information.
"(2) This subsection shall apply notwithstanding any other provi-
sion of law or regulation of any State or of any locality within a
State, or any other law of the United States.
"(3)(A) Upon request by a State or locality, the Department of
Defense, the Office of Personnel Management, or the Central Intel-
ligence Agency shall enter into an agreement with such State or
locality to indemnify and hold harmless such State or locality, and
its officers, employees and agents, from any claim against such
State or locality, or its officer, employee or agent, for damages,
costs and other monetary loss, whether or not suit is instituted,
arising from the disclosure or use by such department, office or
agency of criminal history record information obtained from the
State or locality pursuant to this subsection, if the laws of such
State or locality, as of the date of enactment of this section, other-
wise have the effect of prohibiting the disclosure of such criminal
history record information to such department, office or agency.
"(B) When the Department of Defense, the Office of Personnel
Management, or the Central Intelligence Agency and a State or lo-
cality have entered into an agreement described in subparagraph
(A), and a claim described in such subparagraph is made against
such State or locality, or its officer, employee, or agent, the State
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ACT FOR 1986 149
or locality shall expeditiously transmit notice of such claim to the
Attorney General and to the United States Attorney of the district
embracing the place wherein the claim is made, and the United
States shall have the opportunity to make all determinations re-
garding the settlement or defense of such claim.
"(c) The Department of Defense, the Office of Personnel Manage-
ment, or the Central Intelligence Agency shall not obtain criminal
history record information pursuant to this section unless it has re-
ceived written consent from the individual under investigation for
the release of such information for the purposes set forth in para-
graph (b)(1).
"(d) Criminal history record information received under. this sec-
tion shall be disclosed or used only for the purposes set forth in
paragraph (b)(1) or for national security or criminal justice pur-
poses authorized by law, and such information shall be made avail-
able to the individual who is the subject of such information upon
request.".
(b) The table of contents of part III of title 5, United States Code
is amended by adding at the end thereof:
"Subpart H-Access to Criminal History Record Information
"91. Access to Criminal History Records for National Security Purposes....... 9101.".
SEC. 802. The amendments made by section 801(a) of this Act
shall become effective with respect to any inquiry which begins
after the date of enactment of this Act conducted by the Depart-
ment of Defense, the Office of Personnel Management, or the Cen-
tral Intelligence Agency, for the purposes specified in paragraph
(b)(1) of section 9101 of title 5, United States Code, as added by this
Act.
SEC. 803. (a) Within two years after the date of enactment of this
Act, the Department of Justice, after consultation with the Depart-
ment of Defense, the Office of Personnel Management, and the
Central Intelligence Agency, shall report to the appropriate com-
mittees of the Congress concerning the effect of section 9101(b)(3) of
title 5, United States Code, as added by this Act, including the
effect of the absence of indemnification agreements upon States
and localities not eligible under section 9101(b)(3) of title 5, United
States Code, for such agreements.
(b) Three years after the date of enactment of this Act, section
9101(b)(3) of title 5, United States Code, shall expire.
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1985
AN ACT To authorize appropriations for fiscal year 1985 for intelligence and intelli-
gence-related activities of the United States Government, the Intelligence Com-
munity Staff, and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence Authorization Act for fiscal year
1985".
SEC. 101. Funds are hereby authorized to be appropriated for
fiscal year 1985 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States
Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
CLASSIFIED SCHEDULE OF AUTHORIZATION
SEC. 102. The amounts authorized to be appropriated under sec-
tion 101, and the authorized personnel ceilings as of September 30,
1985, for the conduct of the intelligence and intelligence-related ac-
tivities of the elements listed in such section, are those specified in
the classified Schedule of Authorizations prepared by the Select
Committee on Intelligence of the Senate, as amended by agreement
of the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate. That Amended Schedule of Authorizations, dated October
4, 1984, signed by the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate and the Chairman and
Ranking Minority Member of the Permanent Select Committee on
Intelligence of the House of Representatives, and on file at the of-
fices of those committees, shall be made available to the Commit-
tees on Appropriations of the Senate and the House of Representa-
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I . lac RU i MUKILH i WN ACT FOR 1985
tives, and to the President. The President shall provide for suitable
distribution of the amended schedule, or of appropriate portions of
the amended schedule, within the executive branch.
CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF
PROGRAM AUTHORIZATIONS
SEC. 103. During fiscal year 1985, funds may not be made avail-
able for any intelligence or intelligence-related activity unless such
funds have been specifically authorized for such activity or, in the
case of funds appropriated for a different activity, unless the Direc-
tor of Central Intelligence or the Secretary of Defense has notified
the appropriate committees of Congress of the intent to make such
funds available for such activity, except that, in no case may repro-
gramming or transfer authority be used by the Director of Central
Intelligence or the Secretary of Defense unless for higher priority
intelligence or intelligence-related activities, based on unforeseen
requirements, than those for which funds were originally author-
ized, and in no case where the intelligence or intelligence-related
activity for which funds were requested has been denied by Con-
gress.
AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION
OF AN ADDITIONAL BUILDING AT THE CENTRAL INTELLIGENCE
AGENCY HEADQUARTERS COMPOUND
SEC. 104. Of the amounts authorized to be appropriated under
section 101(1), there is authorized to be appropriated for fiscal year
1985 the sum of $104,500,000 for the design and construction of a
new building at the Central Intelligence Agency headquarters com-
pound.
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
SEC. 105. In addition to the amounts authorized to be appropri-
ated under section 101(9), there is authorized to be appropriated for
fiscal year 1985 the sum of $14,500,000 for the conduct of the activi-
ties of the Federal Bureau of Investigation to counter terrorism in
the United States.
SEC. 106. The Director of Central Intelligence may authorize em-
ployment of civilian personnel in excess of the numbers authorized
for fiscal year 1985 under sections 102 and 202 of this Act when he
determines that such action is necessary to the performance of im-
portant intelligence functions, except that such number may not,
for any element of the Intelligence Community, exceed 2 per
centum of the number of civilian personnel authorized under such
sections for such element. The Director of Central Intelligence
shall promptly notify the Permanent Select Committee on Intelli-
gence of the House of Representatives and the Select Committee on
Intelligence of the Senate whenever he exercises the authority
granted by this section.
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AUTHORIZATION ACT FOR 1985 153
SEC. 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1985 the sum of $20,800,000.
AUTHORIZATION OF PERSONNEL END STRENGTH
SEC. 202. (a) The Intelligence Community Staff is authorized two
hundred and thirty-two full-time personnel as of September 30,
1985. Such personnel of the Intelligence Community Staff may be
permanent employees of the Intelligence Community Staff or per-
sonnel detailed from other elements of the United States Govern-
ment.
(b) During fiscal year 1985, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in in-
telligence and intelligence-related activities.
(c) During fiscal year 1985, any officer or employee of the United
States or a member of the Armed Forces who is detailed to the In-
telligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis,
except that any such officer, employee, or member may be detailed
on a nonreimbursable basis for a period of less than one year for
the performance of temporary functions as required by the Direc-
tor of Central Intelligence.
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS
CENTRAL INTELLIGENCE AGENCY
SEC. 203. During fiscal year 1985, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the
Central Intelligence Agency Act. of 1949 (50 U.S.C. 403a-403n) in
the same manner as activities and personnel of the Central Intelli-
gence Agency.
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year
1985 the sum of $99,300,000.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
RULES AND REGULATIONS
SEC. 302. Section 201(a) of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees (50 U.S.C. 403 note) is
amended by striking "to become effective after approval by the
chairman and ranking minority members of the Armed Services
Committees of the House and Senate." and inserting in lieu thereof
"to be submitted to the Permanent Select Committee on Intelli-
_7n_1 It' n - R7 - 6
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154 AUTHORIZATION ACT FOR 1985
gence of the House of Representatives and the Select Committee on
Intelligence of the Senate before they take effect.".
TITLE IV-ADMINISTRATIVE PROVISION RELATING TO THE
CENTRAL INTELLIGENCE AGENCY
PHYSICAL SECURITY OF CENTRAL INTELLIGENCE AGENCY FACILITIES
SEC. 401. [Section 401 added section 15 to the Central Intelligence
Agency Act of 1949.]
TITLE V-DEFENSE INTELLIGENCE AGENCY PERSONNEL
MANAGEMENT IMPROVEMENTS
CIVILIAN PERSONNEL MANAGEMENT
SEC. 501. [Section 501 added section 1604 to title 10 of the United
States Code.]
TECHNICAL AND CONFORMING AMENDMENTS
SEC. 502. (a) Section 5102(a)(1) of title 5, United States Code, is
amended-
(1) by striking out "or" at the end of clause (viii);
(2) by inserting "or" at the end of clause (ix); and
(3) by inserting after clause (ix) the following new clause:
"(x) the Defense Intelligence Agency, Department of De-
fense;".
(b) Section 5342(a)(1) of such title is amended-
(1) by striking out "or" at the end of subparagraph (I);
(2) by inserting "or" at the end of subparagraph (J); and
(3) by inserting after subparagraph (J) the following new sub-
paragraph:
"(K) the Defense Intelligence Agency, Department of De-
fense;".
TITLE VI-COUNTERINTELLIGENCE AND OFFICIAL
REPRESENTATION
POLICY TOWARD CERTAIN AGENTS OF FOREIGN GOVERNMENTS
SEC. 601. (a) It is the sense of the Congress that the numbers,
status, privileges and immunities, travel, accommodations, and fa-
cilities within the United States of official representatives to the
United States of any foreign government that engages in intelli-
gence activities within the United States harmful to the national
security of the United States should not exceed the respective num-
bers, status, privileges and immunities, travel accommodations, and
facilities within such country. of official representatives of the
United States to such country.
(b) Beginning one year after the date of enactment of this sec-
tion, and at intervals of one year thereafter, the President shall
prepare and transmit to the Committee on Foreign Relations and
Select Committee on Intelligence of the Senate and the Committee
on Foreign Affairs and Permanent Select Committee on Intelli-
gence of the House of Representatives a report on the numbers,
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I AUTHORIZATION ACT FOR 1985 155
status, privileges and immunities, travel, accommodations, and fa-
cilities within the United States of official representatives to the
United States of any foreign government that engages in intelli-
gence activities within the United States harmful to the national
security of the United States and the respective numbers, status,
privileges and immunities, travel, accommodations, and facilities
within such country of official representatives of the United States
to such country and any action which may have been taken with
respect thereto.
(c) Section 203 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 4303) is amended-
(1) in subsection (a) by striking out the fifth sentence; and
(2) by amending subsection (b) to read as follows:
"(b) There shall also be a Deputy Director of the Office of For-
eign Missions. Either the Director or the Deputy Director of such
Office shall be an individual who has served in the United States
Foreign Service, while the other of the two shall be an individual
who has served in the United States Intelligence Community.".
(d) The amendments made by subsection (c) shall apply only with
respect to any appointment of a Director or Deputy Director of the
Office of Foreign Missions, as the case may be, after the date of en-
actment of this section.
AUTHORITY, FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES
SEC. 701. The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of any intelli-
gence activity which is not otherwise authorized by the Constitu-
tion or laws of the United States.
INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW
SEC. 702. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be
necessary for increases in such benefits authorized by law.
TITLE VIII-ACTIVITIES IN NICARAGUA
MILITARY OR PARAMILITARY ACTIVITIES
SEC. 801. No funds authorized to be appropriated by this Act or
by the Intelligence Authorization Act for fiscal year 1984 (Public
Law 98-215) may be obligated or expended for the purpose or
which would have the effect of supporting, directly or indirectly,
military or paramilitary operations in Nicaragua by any nation,
.group, organization, movement, or individual, except to the extent
provided and under the terms and conditions specified by House
Joint Resolution 648, making continuing appropriations for the
fiscal year 1985, and for other purposes, as enacted.
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1984
AN ACT To authorize appropriations for fiscal year 1984 for intelligence and intelli-
gence-related activities of the United States Government, for the Intelligence
Community Staff, for the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence . Authorization Act for Fiscal Year
1984".
SEC. 101. Funds are hereby authorized to be appropriated for
fiscal year 1984 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States
Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
CLASSIFIED SCHEDULE OF AUTHORIZATIONS
SEC. 102. The amounts authorized to be appropriated under sec-
tion 101, and the authorized personnel ceilings as of September 30,
1984, for the conduct of the intelligence and intelligence-related ac-
tivities of the elements listed in such section, are those specified in
the classified Schedule of Authorizations prepared by the commit-
tee of conference to accompany H.R. 2968 of the Ninety-eighth Con-
gress. That Schedule of Authorizations shall be made available to
the Committees on Appropriations of the Senate and House of Rep-
resentatives and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule within the executive branch.
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CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF
PROGRAM AUTHORIZATIONS
SEC. 103. During fiscal year 1984, funds may not be made avail-
able for any intelligence or intelligence-related activity unless such
funds have been. specifically authorized for such activity or, in the
case of funds appropriated for a different activity, unless the Direc-
tor of Central Intelligence or the Secretary of Defense has notified
the appropriate committees of Congress of the intent to make such
funds available for such activity, except that, in no case may repro-
gramming or transfer authority be used by the Director of Central
Intelligence or the Secretary of Defense unless for higher priority
intelligence or intelligence-related activities, based on unforeseen
requirements, than those for which funds were originally author-
ized, and in no case where the intelligence or intelligence-related
activity for which funds were requested has been denied by Con-
gress.
AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION
OF AN ADDITIONAL BUILDING AT THE CENTRAL INTELLIGENCE
AGENCY HEADQUARTERS COMPOUND
SEC. 104. Of the amounts authorized to be appropriated under
section 101(1), there is authorized to be appropriated the sum of
$75,500,000 for the design and construction of a new building at the
Central Intelligence Agency headquarters compound.
AUTHORITY FOR TRANSFER OF AUTHORIZED FUNDS OF THE CENTRAL
INTELLIGENCE AGENCY TO THE STATE OF VIRGINIA
SEC. 105. Of the amounts authorized to be appropriated under
section 101(1), the Central Intelligence Agency is authorized to
transfer an amount not to exceed $3,000,000 to the State of Virgin-
ia for the design and construction of highway improvements associ-
ated with construction at the Central Intelligence Agency head-
quarters compound.
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
SEC. 106. In addition to the amounts authorized to be appropri-
ated under section 101(9), there is authorized to be appropriated for
fiscal year 1984 the sum of $13,800,000 for the conduct of the activi-
ties of the Federal Bureau of Investigation to counter terrorism in
the United States.
SEC. 107. The Director of Central Intelligence may authorize em-
ployment of civilian personnel in excess of the numbers authorized
for the fiscal year 1983 under sections 102 and 202 of the Intelli-
gence Authorization Act for fiscal year 1983 (Public Law 97-269)
and in excess of the numbers authorized for the fiscal year 1984
under sections 102 and 202 of this Act when he determines that
such action is necessary to the performance of important intelli-
gence functions, except that such number may not, for any element
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of the Intelligence Community, exceed 2 per centum of the number
of civilian personnel authorized under such sections for such ele-
ment. The Director of Central Intelligence shall promptly notify
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate whenever he exercises the authority granted by this section.
LIMITATION ON COVERT ASSISTANCE FOR MILITARY OPERATIONS IN
NICARAGUA
SEC. 108. During fiscal year 1984, not more than $24,000,000 of
the funds available to the Central Intelligence Agency, the Depart-
ment of Defense, or any other agency or entity of the United States
involved in intelligence activities may be obligated or expended for
the purpose or which would have the effect of supporting, directly
or indirectly, military or paramilitary operations in Nicaragua by
any nation, group, organization, movement, or individual.
CONGRESSIONAL FINDINGS
SEC. 109. (a) The Congress finds that-
(1) the Government of National Reconstruction of Nicaragua
has failed to keep solemn promises, made to the Organization
of American States in July 1979, to establish full respect for
human rights and political liberties, hold early elections, pre-
serve a private sector, permit political pluralism, and pursue a
foreign policy of nonaggression and nonintervention;
(2) by providing military support (including arms, training,
and logistical, command and control, and communications fa-
cilities) to groups seeking to overthrow the Government of El
Salvador-and other Central American governments, the Gov-
ernment of National Reconstruction of Nicaragua has violated
article 18 of the Charter of the Organization of American
States which declares that no state has the right to intervene,
directly or indirectly, for any reason whatsoever, in the inter-
nal or external affairs of any other state;
(3) the Government of Nicaragua should be held accountable
before the Organization of American States for activities viola-
tive of promises made to the Organization and for violations of
the Charter of that Organization; and
(4) working through the Organization of American States is
the proper and most effective means of dealing with threats to
the peace of Central America, of providing for common action
in the event of aggression, and of providing the mechanisms
for peaceful resolution of disputes among the countries of Cen-
tral America.
(b) The President should seek a prompt reconvening of the Sev-
enteenth Meeting of Consultation of Ministers of Foreign Affairs of
the Organization of American States for the purpose of reevaluat-
ing the compliance by the Government of National Reconstruction
of Nicaragua-
(1) with the commitments made by the leaders of that Gov-
ernment in July 1979 to the Organization of American States;
and
(2) with the Charter of the Organization of American States.
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(c) The President should vigorously seek actions by the Organiza-
tion of American States that would provide for a full range of effec-
tive measures by the member states to bring about compliance by
the Government of National Reconstruction of Nicaragua with
those obligations, including verifiable agreements to halt the trans-
fer of military equipment and to cease furnishing of military sup-
port facilities to groups seeking the violent overthrow of govern-
ments of countries in Central America.
. (d) The President should use all diplomatic means at his disposal
to encourage the Organization of American States to seek resolu-
tion of the conflicts in Central America based on the provisions of
the Final Act of the San Jose Conference of October 1982, especial-
ly principles (d), (e), and (g), relating to nonintervention in the in-
ternal affairs of other countries, denying support for terrorist and
subversive elements in other states, and international supervision
of fully verifiable arrangements.
(e) The United States should support measures at the Organiza-
tion of American States, as well as efforts of the Contadora Group,
which seek to end support for terrorist, subversive, or other activi-
ties aimed at the violent overthrow of the governments of countries
in Central America.
U) Not later than March 15, 1984, the President shall report to
the Congress on the results of his efforts pursuant to this Act to
achieve peace in Central America. Such report may include such
recommendations as the President may consider appropriate for
further United States actions to achieve this objective.
TITLE II-INTELLIGENCE COMMUNITY STAFF
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1984 the sum of $18,500,000.
AUTHORIZATION OF PERSONNEL END-STRENGTH
SEC. 202. (a) The Intelligence Community Staff is authorized two
hundred and fifteen full- e personnel as of September'-90--,1-984.
-Such-purnh-nerot the Intelligence Community Staff may be perma-
nent employees of the Intelligence Community Staff or personnel
detailed from other elements of the United States Government.
(b) During fiscal year 1984, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in in-
telligence and intelligence-related activities.
(c) During fiscal year 1984, any officer or employee of the United
States or a member of the Armed Forces who is detailed to the In-
telligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis,
except that any such officer, employee or member may be detailed
on a nonreimbursable basis for a period of less than one year for
the performance of temporary functions as required by the Direc-
tor of Central Intelligence.
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INTELLIGENCE- COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS
CENTRAL INTELLIGENCE AGENCY
SEC: 203. During fiscal year 1984, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the
Central Intelligence. Agency Act of 1949 (50 U.S.C. 403a-403n) in
the same manner as activities and personnel of the Central Intelli-
gence Agency.
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year
1984 the sum of $86,300,000.
TITLE IV-ADMINISTRATIVE PROVISIONS RELATED TO THE
CENTRAL INTELLIGENCE AGENCY AND THE INTELLI-
GENCE COMMUNITY STAFF
ELIGIBILITY FOR APPOINTMENT TO CERTAIN CENTRAL INTELLIGENCE
AGENCY POSITIONS
SEC. 401. Section 5 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403f) is amended by striking out the last `and" in sub-
section (d), by striking the period at the end of subsection (e) and
substituting in lieu. thereof "; and", and by. adding at the end there-
of the following new subsection:
"(D Determine and fix the minimum and maximum limits of age
within which an original appointment may be made to an oper-
ational position within the Agency, notwithstanding the provision
of any other law, in accordance with such criteria as the Director,
in his discretion, may prescribe.".
SEC. 402. (a) The Director of Central Intelligence may exercise
the authority granted in section 4503 of title 5, United States Code,
with respect to Federal employees and members of the Armed
Forces detailed or assigned to the Central. Intelligence Agency or to
the Intelligence Community Staff, in the same manner as such au-
thority may be exercised with respect to the personnel of the Cen-
tral Intelligence Agency and the Intelligence Community Staff.
(b) The authority granted by subsection (a) of this section may be
exercised with respect to Federal employees. or members of the
Armed Forces detailed or assigned to the Central Intelligence
Agency or to the Intelligence Community Staff on or after a. date
five years before the date of enactment of this se n.
uring Isca year 1987, a Irec or of Central Intelligence
may exercise the authority granted in section 4503(2) of title 5,
United States Code, with respect to members of the Armed Forces
who are assigned to foreign intelligence duties at the time of the
conduct which gives rise to the exercise of such authority.
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(d) An award made by the Director of Central Intelligence to an
employee or member of the Armed Forces under the authority of
section 4503 of title 5, United States Code, or this section may be
paid and accepted notwithstanding-
(1) section 5536 of title 5, United States Code; and
(2) the death, separation, or retirement of the employee or
the member of the Armed Forces whose conduct gave rise to
the award, or the assignment of such member to duties other
than foreign intelligence duties.
APPOINTMENT OF DIRECTOR OF THE INTELLIGENCE COMMUNITY STAFF
SEC. 403. [Section 403 added a new section 102a to the National
Security Act of 1947.]
TITLE V-ADMINISTRATIVE PROVISIONS RELATED TO THE
DEFENSE INTELLIGENCE AGENCY
BENEFITS FOR CERTAIN EMPLOYEES OF THE DEFENSE INTELLIGENCE
AGENCY
SEC. 501.1 (a) Title 10, United States Code, is amended by insert-
ing after section 191 the following new section:
"9192. Benefits for certain employees. of the Defense Intelligence
Agency I i
"(a) The Director of the Defense Intelligence Agency, on behalf of
the Secretary of Defense, may provide to military and civilian per-
sonnel of the Department of Defense who are United States nation-
als, who are assigned to Defense Attache Offices and Defense Intel-
ligence Agency Liaison Offices outside the United States, and who
are designated by the Secretary of Defense for the purposes of this
subsection, allowances and benefits comparable to those provided
by the Secretary of State to officers and employees of the Foreign
Service under paragraphs (2), (3) (4), (6), (7), (8), and (13) of section
901 and under sections 903, 705, and 2308 of the Foreign Service
Act of 1980 (22 U.S.C. 4025; 22 U.S.C. 4081 (2), (3), (4), (6), (7), (8),
and (13); 22 U.S.C. 4083; 5 U.S.C. 5924(4)).
"(b) The authority of the Director of the Defense Intelligence
Agency, on behalf of the Secretary of Defense, to make payments
under subsection (a) is effective for any fiscal year only to the
extent that appropriated funds are available for such purpose.
"(c) Members of the Armed Forces may not receive benefits
under both subsection (a) and title 37, United States Code, for the
same purpose. The Secretary of Defense shall prescribe such regu-
lations as may be necessary to carry out this subsection.
"(d) Regulations issued pursuant to subsection (a) shall be sub-
mitted to the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of Representatives
and the Committee on Armed Services and the Select Committee
on Intelligence of the Senate before such regulations take effect.".
i Section 1302 of the DOD Authorization Act, 1986 (P.L. 99-145) divided and relocated section
192 of title 10 to section 1605 of title 10 and section 431 of title 37. For the text of such section
see page 128 of this volume.
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AUTHORIZATION ACT FOR 1984 163
(b) The table of sections at the beginning of chapter 8 of title 10,
United States Code, is amended by inserting after Sec. 191 the fol-
lowing new item:
"192. Benefits for certain employees of the Defense Intelligence Agency.".
RESTRICTION OF, CONDUCT OF INTELLIGENCE ACTIVITIES
SEC. 601. The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of any intelli-
gence activity which is not otherwise authorized by the Constitu-
tion or laws of the United States.
INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW
SEC. 602. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased. by such additional or supplemental amounts as may be
necessary for increases in such benefits authorized by law.
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1983 (INCLUDING THE CENTRAL INTELLIGENCE AGENCY
SPOUSES' RETIREMENT EQUITY ACT. OF 1982)
AN ACT To authorize appropriations for fiscal year 1983 for intelligence and intelli-
gence-related activities of the United States Government, for the Intelligence
Community Staff, for the Central Intelligence Agency Retirement and Disability
System, to authorize supplemental appropriations for fiscal year 1982 for the in-
telligence and intelligence-related activities of the United States Government, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That titles I, II,
III, IV, V, and VII may be cited as the "Intelligence Authorization
Act for Fiscal Year 1983".
TITLE I-INTELLIGENCE ACTIVITIES
AUTHORIZATION OF APPROPRIATIONS
SEC. 101. Funds are hereby authorized to be appropriated for
fiscal year 1983 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States
Government:
(1) The Central Intelligence Agency.
.(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
CLASSIFIED SCHEDULE OF AUTHORIZATIONS
SEC. 102. The amounts authorized to be appropriated under sec-
tion 101, and the authorized personnel ceilings as of September 30,
1983, for the conduct of the intelligence and intelligence-related ac-
tivities of the elements listed in such section, are those specified in
the classified Schedule of Authorizations prepared by the Commit-
tee of Conference to accompany H.R. 6068 of the Ninety-seventh
Congress. That Schedule of Authorizations shall be made available
to the Committees on Appropriations of the Senate and House of
Representatives and to the President. The President shall provide
for suitable distribution of the Schedule, or of appropriate portions
of the Schedule, within the executive branch.
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iov nu i nvRILM i wd ACT FOR 1983
CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF
PROGRAM AUTHORIZATIONS
SEC. 103. During fiscal year 1983, funds may not be made avail-
able for any activity for which funds are authorized to be appropri-
ated by this Act unless such funds have been specifically author-
ized for such activity or, in the case of funds appropriated for a dif-
ferent activity, unless the Director of Central Intelligence or the
Secretary of Defense has notified the appropriate committees of
Congress of the intent to make such funds available for such
activity.
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
SEC. 104. In addition to the amounts authorized to be appropri-
ated under section 101(9), there is authorized to be appropriated for
fiscal year 1983 the sum of $12,125,000 for the conduct of the activi-
ties of the Federal Bureau of Investigation to counter terrorism in
the United States.
SEC. 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1983 the sum of $15,400,000.
AUTHORIZATION OF PERSONNEL END-STRENGTH
SEC. 202. (a) The Intelligence Community Staff is authorized two
hundred and ten full-time personnel as of September 30, 1983. Such
personnel of the Intelligence Community Staff may be- permanent
employees of the Intelligence Community Staff or personnel de-
tailed from other elements of the United States Government.
(b) During fiscal year 1983, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in in-
telligence and intelligence-related activities.
(c) During fiscal year 1983, any officer or employee of the United
States or member of the Armed Forces who is detailed to the Intel-
ligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis,
except that any such officer, employee, or member may be detailed
on a nonreimbursable basis for a period of less than one year for
the performance of temporary functions as required by the Direc-
tor of Central Intelligence.
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS
CENTRAL INTELLIGENCE AGENCY
SEC. 203. During fiscal year 1983, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-403n) in
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AUTHORIZATION ACT_ FOR 1983 167
the same manner as activities and personnel of the Central Intelli-
gence Agency.
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
AUTHORIZATION OF APPROPRIATIONS
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year
1983 the sum of $91,300,000.
TITLE IV-SUPPLEMENTAL AUTHORIZATION FOR FISCAL
YEAR 1982
AUTHORIZATION OF APPROPRIATIONS
SEC. 401. In addition to the funds authorized to be appropriated
under title I of the Intelligence Authorization Act for Fiscal Year
1982 (Public Law 97-89; 95 Stat. 1150), funds are hereby authorized
to be appropriated for fiscal year 1982 for the conduct of the intelli-
gence and intelligence-related activities of the United States Gov-
ernment. The amounts authorized to be appropriated under the
preceding sentence are those specified for that purpose in the clas-
sified Schedule of Authorizations described in section 102.
CEILING ON THE EMPLOYMENT OF CIVILIAN PERSONNEL BY THE
CENTRAL INTELLIGENCE AGENCY
SEC. 402. [Section 402 added new subsections (b) and (c) to section
102 of the Intelligence Authorization Act for Fiscal Year 1982.]
TITLE V-PROVISIONS RELATED TO INTELLIGENCE
AGENCIES
UNAUTHORIZED USE OF DEFENSE INTELLIGENCE AGENCY NAME,
INITIALS, OR SEAL
SEC. 50.1. [Section 501 added a new chapter 8 to title 10, United
States Code.]
AUTOMATIC DATA PROCESSING. EQUIPMENT OR SERVICES
SEC. 502 [Section 502 added a new subsection (e) to section 3 of
the Central Intelligence Agency Act of 1949.]
TITLE VI-RETIREMENT BENEFITS FOR CERTAIN FORMER
SPOUSES OF CENTRAL INTELLIGENCE. AGENCY EMPLOY-
EES
SEC. 601. This title.may be cited as the "Central Intelligence
Agency` Spouses' Retirement Equity Act of 1982".
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100 nuinURILMiivil ACT FOR 1983
SEC. 602. Section 204 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees (50 U.S.C. 403 note) is
amended-
(1) by inserting "former spouses," after "including surviving
wives and husbands,"; and
(2) by adding at the end thereof the following:
"(4) `Former spouse' means a former wife or husband of a
participant or former participant who was married to such par-
ticipant for not less than 10 years during periods of service by
that participant which are creditable under sections 251, 252,
and 253 of this Act, at least five years of which were spent out-
side the United States by both the participant and the former
spouse.".
SEC. 603. Section 221 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees is amended-
(1) by inserting immediately above the section the following
section heading: "COMPUTATION OF ANNUITIES FOR OTHER THAN
FORMER SPOUSES"; and
(2) by amending subsection (b) to read as follows:
"(b)(1)(A) Except to the extent provided otherwise under a writ-
ten election under subparagraph (B) or (C), if at the time of retire-
ment a participant or former participant is married (or has a
former spouse who has not remarried before attaining age 60), the
participant shall receive a reduced annuity and provide a survivor
annuity for his or her spouse under this subsection or former
spouse under section 222(b), or a combination of such annuities, as
the case may be.
"(B) A married participant or former participant and his or her
spouse may jointly elect in writing to waive a survivor annuity for
that spouse under this section (or under section 222(b) if the spouse
later qualifies as a former spouse under section 204(b)(4)), or to
reduce such survivor annuity under this section (or section 222(b))
by designating a portion of the annuity of the participant as the
base for the survivor benefit. If the marriage is dissolved following
an election for such a reduced annuity and the spouse qualifies as
a former spouse, the base used in calculating any annuity of the
former spouse under section 222(b) may not exceed the portion of
the participant's annuity designated under this subparagraph.
"(C) If a participant or former participant has a former spouse,
the participant (or former participant) and such former spouse may
jointly elect by spousal agreement under section 263(b) to waive a
survivor annuity under section 222(b) for that former spouse, if the
election is made (i) before the end of the 12-month period beginning
on the date the divorce or annulment involving that former spouse
becomes final or (ii) at the time of retirement of the participant.
"(D) The Director .may prescribe regulations under which a par-
ticipant or former participant may make an election under sub-
paragraph (B) or (C) without the participant's spouse or former
spouse if the participant establishes to the satisfaction of the Direc-
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AU 1 f1UKILA 1 wN ACT FOR 1983 169
tor that the participant does not know, and has taken all reasona-
ble steps to determine, the whereabouts of the spouse or former
spouse.
"(2) The annuity of a participant or former participant providing
a survivor benefit under this section (or section 222(b)), excluding
any portion of the annuity not designated or committed as a base
for any survivor annuity, shall be reduced by 21/2 percent of the
first $3,600 plus 10 percent of any amount over $3,600. The reduc-
tion under this paragraph shall be calculated before any reduction
under section 222(a)(4).
"(3)(A) If a former participant entitled to receive a reduced annu-
ity under this subsection dies and is survived by a spouse, a survi-
vor annuity shall be paid to the surviving spouse equal to 55 per-
cent of the full amount of the participant's annuity computed
under subsection (a), or 55 percent of any lesser amount elected as
the base for the survivor benefit under paragraph (1)(B).
"(B) Notwithstanding subparagraph (A), the amount of the annu-
ity calculated under subparagraph (A) for a surviving spouse in
any case in which there is also a surviving former spouse of the
participant who qualifies for an annuity under section 222(b) may
not exceed 55 percent of the portion (if any) of the base for survivor
benefits which remains available under section 222(b)(4)(B).
"(C) An annuity payable from the fund to a surviving spouse
under this paragraph shall commence on the day after the partici-
pant dies and shall terminate on the last day of the month before
the surviving spouse's death or remarriage before attaining age 60.
If such a survivor annuity is terminated because of remarriage, it
shall be restored at the same rate commencing on the date such
remarriage is dissolved by death, annulment, or. divorce if any
lump sum paid upon termination of the annuity is returned to the
fund.".
RIGHT OF ELECTION
SEC. 604. Section 221 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended by section 603
of this title, is further amended in subsection (g)-
(1) by inserting "(1)" after "(g)";
(2) by redesignating paragraphs (1) and (2) as clauses (A) and
(B), respectively; and
(3) by adding at the end thereof the following:
"(2) A surviving former spouse of any participant or former par-
ticipant shall not become entitled to a survivor annuity or to the
restoration of a survivor annuity payable from the fund unless the
survivor elects to receive it instead of any other survivor annuity
to which he or she may be entitled under this or any other retire-
ment system for Government employees on the basis of a marriage
to someone other than that participant.".
SUPPLEMENTAL ANNUITIES; RECOMPUTATION OF ANNUITIES
SEC. 605. Section 221 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended by sections
603 and 604 of this title, is further amended by adding at the end
thereof the following:
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170 AUTHORIZATION ACT FOR 1983
"(m)(1) Any married annuitant who reverts to retired status with
entitlement to a supplemental annuity under subsection 271(b)
shall, unless the annuitant and his or her spouse jointly elect in
writing to the contrary at that time, have the supplemental annu-
ity reduced by 10 percent to provide a supplemental survivor annu-
ity for his or her spouse. Such supplemental survivor annuity shall
be equal to 55 percent of the supplemental annuity of the annui-
tant and shall be payable to a surviving spouse to whom the annui-
tant was married at the time of reversion to retired status or
whom the annuitant subsequently married.
"(2) The Director shall issue regulations to provide for the appli-
cation of paragraph (1) of this subsection and of subsection 271(b) in
any case in which an annuitant has a former spouse who was mar-
ried to the participant at any time during a period of recall service
and who qualifies for an annuity under section 222(b).
"(n) An annuity which is reduced under this section or any simi-
lar prior provision of law to provide a survivor benefit. for a spouse
shall, if the marriage of the participant to such spouse is dissolved,
be recomputed and paid for each full month during which an annu-
itant is not married (or is remarried if there is no election in effect
under the following sentence) as if the annuity had not been. so re-
duced, subject to any reduction required to provide a survivor bene-
fit under section 222 (b) or (c). Upon remarriage the retired partici-
pant may irrevocably elect, by means of a signed writing received
by the Director within one year after such remarriage, to receive
during such marriage a reduction in annuity for the purpose of al-
lowing an annuity for the new spouse of the annuitant in the event
such spouse survives the annuitant. Such reduction shall be equal
to the reduction in effect immediately before the dissolution of the
previous marriage (unless such reduction is adjusted under section
222(b)(5)), and shall be effective the first day of the first month be-
ginning one year after the date of remarriage. A survivor annuity
elected under this subsection shall be treated in all respects as a
survivor annuity under subsection (b).
"(o) The. Director shall, on an annual basis-
"(1) inform each participant of his or her right of election
under subsections (f)(2) and (n); and
"(2) to the maximum extent practicable, inform spouses or
former spouses of participants or former participants of their
rights under this section and sections 222, 223, and 234 (c), (d),
and (e).".
COMPUTATION OF: ANNUITIES FOR FORMER SPOUSES
SEC. 606. Part C of title II of the Central Intelligence Agency Re-
tirement Act of 1964 for Certain Employees is amended by adding
at the end thereof the following:
"COMPUTATION OF ANNUITIES FOR FORMER SPOUSES
"SEC. 222. (a)(1) Unless otherwise expressly provided by any
spousal agreement or court order under section 263(b), a former
spouse of a participant or former participant is entitled to an annu-
ity-
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nuInvnicniivN ACT FOR 1983 171
"(A) if married to the participant throughout the creditable
service of the participant, equal to 50 percent of the annuity of
the participant; or
"(B) if not married to the participant throughout such credit-
able service, equal to a proportion of 50 percent of such annu-
ity which is the proportion that the number of days of the mar-
riage of the former spouse to the participant during periods of
creditable service of such participant under this Act bears to
the total number of days of creditable service.
"(2) A former spouse shall not be qualified for an annuity under
this subsection if before the commencement of that annuity the
former spouse remarries before becoming 60 years of age.
"(3) The annuity of a former spouse under this subsection com-
mences on the day the participant upon whose service the annuity
is based becomes entitled to an annuity under this title or on the
first day of the month after the divorce or annulment involved be-
comes final, whichever is later. The annuity of such former spouse
and the right thereto terminate on-
"(A) the last day of the month before the former spouse dies
or remarries before 60 years of age; or
"(B) the date the annuity of the participant terminates
(except in the case of an annuity subject to paragraph 4(B)).
"(4)(A) The annuity payable to any participant shall be reduced
by the amount of an annuity under this subsection paid to any
former spouse based upon the service of that participant. Such re-
duction shall be disregarded in calculating the survivor annuity for
any spouse, former spouse, or other survivor under this title, and
in calculating any reduction in the annuity of the participant to
provide survivor benefits under subsection (b) or section 221(b).
"(B) If any annuitant whose annuity is reduced under subpara-
graph (A) is recalled to service under section 271, or reinstated or
reappointed, in the case of a recovered disability annuitant, or if
any annuitant is reemployed as provided for under sections 272
and 273, the salary of that annuitant shall be reduced by the same
amount as the annuity would have been reduced if it had contin-
ued. Amounts equal to the reductions under this subparagraph
shall be deposited in the Treasury of the United States to the
credit of the fund.
"(5) Notwithstanding paragraph (3), in the case of any former
spouse of a disability annuitant-
"(A) the annuity of that former spouse shall commence on
the date the participant would qualify on the basis of his or
her creditable service for an annuity under this title (other
than a disability annuity) or the date the disability annuity
begins, whichever is later, and
"(B) the amount of the annuity of the former spouse shall be
calculated on the basis of the annuity for which the partici-
pant would otherwise so qualify.
"(6) An annuity under this subsection shall be treated the same
as a survivor annuity under subsection (b) for purposes of section
221(g)(2) or any comparable provision of law.
"(7) No spousal agreement or court order under section 263(b) in-
volving any participant may provide for an annuity or any combi-
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172 AUTHORIZATION ACT FOR 1983
nation of annuities under this subsection which exceeds the annu-
ity of the participant. No such court order relating to an annuity
under this subsection may be given effect if it is issued more than
12 months after the date the divorce or annulment involved be-
comes final.
"(b)(1) Subject to any election under section 221(b)(1)(C) and
unless otherwise expressly provided by any spousal agreement or
court order under section 263(b), if a former participant who is en-
titled to receive an annuity is survived by a former spouse, the
former spouse shall be entitled to a survivor annuity-
"(A) if married to the participant throughout the creditable
service of the participant, equal to 55 percent of the full
amount of the participant's annuity, as computed under sec-
tion 221(a), or
"(B) if not married to the participant throughout such credit-
able service, equal to a proportion of 55 percent of the full
amount of such annuity which is the proportion that the
number of days of the marriage of the former spouse to the
former participant during periods of creditable service of such
former participant under this Act bears to the total number of
days of such creditable service.
"(2) A former spouse shall not be qualified for an annuity under
this subsection if before the commencement of that annuity the
former spouse remarries before becoming 60 years of age.
"(3) An annuity payable from the fund to a surviving former
spouse under this subsection shall commence on the day after the
annuitant dies and shall terminate on the last day of the month
before the former spouse's death or remarriage before attaining
age 60. If such a survivor annuity is terminated because of remar-
riage, it shall be restored at the same rate commencing on the date
such remarriage is dissolved by death, annulment, or divorce if any
lump sum paid upon termination of the annuity is returned to the
fund.
"(4)(A) The maximum survivor annuity or combination of survi-
vor annuities under this section (and section 221(b)(3)) with respect
to any participant or former participant may not exceed 55 percent
of the full amount of the participant's annuity, as calculated under
section 221(a).
"(B) Once a survivor annuity has been provided under this sub-
section for any former spouse, a survivor annuity for another indi-
vidual may thereafter be provided under this subsection (or section
221(b)(3)) with respect to a participant or former participant only
for that portion (if any) of the maximum available which is not
committed for survivor benefits for any former spouse whose pro-
spective right to such annuity has not terminated by reason of
death or remarriage.
"(C) After the death of a participant or former participant, a
court order under section 263(b) may not adjust the amount of the
annuity of any former spouse under this section.
"(5)(A) For each full month after a former spouse of a participant
or former participant dies or remarries before attaining age 60, the
annuity of the participant, if reduced to provide a survivor annuity
for that former spouse, shall be recomputed and paid as if the an-
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AUTHURILATION ACT FOR 1983 173
nuity had not been so reduced, unless an election is in effect under
subparagraph (B).
"(B) .Subject to paragraph (4)(B), the participant may elect in
writing within one year after receipt of notice of the death or re-
marriage of the former spouse to continue the reduction in order to
provide a higher survivor annuity under section 221(b)(3) for any
spouse of the participant.
"(c)(1) In the case of any participant or former participant pro-
viding a survivor annuity benefit under subsection (b) for a former
spouse-
"(A) such participant may elect, or
"(B) a spousal agreement or court order under section 263(b)
may provide for,
an additional survivor annuity under this subsection for any other
former spouse or spouse surviving the participant, if the partici-
pant satisfactorily passes a physical examination as prescribed by
the Director.
"(2) Neither the total amount of survivor annuity or annuities
under this subsection with respect to any participant or former
participant, nor the survivor annuity or annuities for any one sur-
viving spouse or former spouse of such participant under this sec-
tion or section 221, shall exceed 55 percent of the full amount of
the participant's annuity, as computed under section 221(a).
"(3)(A) In accordance with regulations which the Director shall
prescribe, the participant involved may provide for any annuity
under this subsection-
19(i) by a reduction in the annuity or an allotment from the
salary of the participant,
"(ii) by a lump-sum payment or installment payments to the
fund, or
"(iii) by any combination thereof.
"(B) The present value of the total amount to accrue to the fund
under subparagraph (A) to provide any annuity under this subsec-
tion shall be actuarially equivalent in value to such annuity, as cal-
culated upon such tables of mortality as may from time to time be
prescribed for this purpose by the Director.
"(C) If a former spouse predeceases the participant or remarries
before attaining age 60 (or, in the case of a spouse, the spouse does
not qualify as a former spouse upon dissolution of the marriage)-
"(i) if an annuity reduction or salary allotment under sub-
paragraph (A) is in effect for that spouse or former spouse, the
annuity shall be recomputed and paid as if it had not been re-
duced or the salary allotment terminated, as the case may be,
and
"(ii) any amount accruing to the" fund under subparagraph
(A) shall be refunded, but only to the extent that such amount
may have exceeded the actuarial cost of providing benefits
under this subsection for the period such benefits were provid-
ed, as determined under regulations prescribed by the Director.
"(D) Under regulations prescribed by the Director, an annuity
shall be recomputed (or salary allotment terminated or adjusted),
and a refund provided (if appropriate), in a manner. comparable to
that provided under subparagraph (C), in order to reflect a termi-
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174 AUTHORIZATION ACT FOR 1983
nation : or reduction of future benefits under this subsection for a
spouse in the event a former spouse of the participant dies or re-
marries before attaining age 60 and an increased annuity is provid-
ed. for that spouse in accordance with this section.
"(4). An annuity payable under this subsection to a spouse or
former spouse shall commence on the day after the participant dies
and shall terminate on the last day of the month before the former
spouse's death or remarriage before attaining age 60.
"(5)' Section. 291 shall not apply to any annuity under this subsec-
tion, unless authorized under regulations by the Director.
"(d) Section 221(1) shall not apply-
"(1) to any annuity payable under subsection (a) or (b) to any
former spouse if the amount of that annuity varies by reason
of a spousal agreement or court order under section 263(b), or
an election under section 221(b)(1)(B), from the amount which
would be calculated under subsection (a)(1) or (b)(1), as the case
may be, in the absence of such spousal agreement, court order,
or election; or
"(2) to any annuity payable under subsection (c).".
SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES
SEC. 607. Part C of title II of the Central Intelligence. Agency Re-
tirement Act of 1964 for Certain Employees, as amended by section
606 of this title, is further .amended by adding at the end thereof
the following:
"ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES
"SEC. 223. (a) Any participant or former participant in the Cen-
tral Intelligence Agency Retirement and Disability System who on
November 15, 1982, has a former spouse may, by a spousal agree-
ment, elect to receive a reduced annuity and provide a survivor an-
nuity for such former spouse under section 222(b).
"(b)(1) If the participant or former participant has not retired
under such system on or before November 15, 1982, an election
under this section may be made at any time before retirement.
"(2) If the participant or former participant has retired under
such system on or before November 15, 1982, an election under this
section may be made within such period after November 15, 1982,
as the Director may prescribe.
"(3) For the purposes of applying this Act, any such election shall
be treated in the same manner as if it were a spousal agreement
under section 263(b).
"(c) An 'election under this section may provide for a survivor
benefit based on all or any portion of that part of the annuity of
the participant which is not designated or committed as abase for
survivor benefits for a spouse or any other former spouse of the
participant. The participant and his or her spouse may make an
election under section 221(b)(1)(B) prior to the time of retirement
for the purpose of allowing-an election to be made under this sec-
tion.
"(d) The amount of the reduction in the participant's annuity
shall be determined in accordance with section 221(b)(2). Such re-
duction shall be effective as of-
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JN ACT FOR 1983 175
"(1) the commencing date of the participant's annuity, in the
case of an election under subsection (b)(1), or
"(2) November 15, 1982, in the case of an election under sub-
section (b)(2).".
SEC. 608. Section 234 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees is amended-
(1) by striking out in subsection (a) "Any" and inserting in
lieu thereof the following: "Subject to the limitations contained
in subsections (c), (d), and (e), any"; and
(2) by adding at the end thereof the following:
"(c) Whenever a participant becomes separated from the Agency
without becoming eligible for an annuity or a deferred annuity
under this Act and becomes entitled to receive a lump-sum pay-
ment under this section or section 241, a share of that lump-sum
payment shall be paid to any former spouse of the participant in
accordance with subsections (d) and (e).
"(d) Unless otherwise expressly provided by any spousal agree-
ment or court order under section 263(b), the amount of a partici-
pant's or former participant's lump-sum credit under this section
or under section 241 payable to a former spouse of that participant
shall be-
"(1) if the former spouse was married to the participant
throughout the period of creditable service of the participant,
50 percent of such lump-sum credit to which such participant
would be entitled in the absence of this subsection; or
"(2) if such former spouse was not married to the participant
throughout such creditable service, an amount equal to a pro-
portion of 50 percent of such lump-sum credit which is the pro-
portion that the number of days of the marriage of the former
spouse to the participant during periods of creditable service of
such participant under this Act bears to the total number of
days of such creditable service.
Such lump-sum credit of the participant shall be reduced by the
amount of the lump-sum credit payable to the former spouse.
"(e) A lump-sum payment under this section or section 241 of
this Act may be paid by the Director. to or for the benefit of a par-
ticipant-
"(1) only upon written notification by the Director to a cur-
rent spouse of the participant, if any; and
"(2) only if the express written concurrence of that spouse
has been received by the Director.".
SPOUSAL AGREEMENTS; COURT DECREES
SEC. 609. The Central Intelligence Agency Retirement Act of
1964 for Certain Employees is further amended-
(1) by striking out "None" in section 263 and inserting in
lieu thereof "(a) Except as provided in subsection (b) of this sec-
tion, none"; and
(2) by adding at the end thereof the following:
"(b) Payments under this Act which would otherwise be made to
a participant or the child, survivor, or former spouse of a partici-
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176 AUTHORIZATION ACT FOR 1983
.pant based upon the service of the participant shall be paid (in
whole or in part) by the Director directly to the participant, or
child, survivor, or former spouse of the participant according to the
terms of any legally enforceable spousal agreement or recognized
court decree of divorce, annulment, or_ legal separation between the
-participant and that former spouse, or the terms of any, recognized
court order or court-approved property settlement agreement inci-
dent to any such spousal agreement or court decree of divorce, an-
nulment, or legal separation. Any payment under this subsection
to a party to a spousal agreement, or court decree of divorce, an-
nulment, or legal separation or property settlement agreement in-
cident,thereto shall bar recovery by any other person.".
SEC. 610. The Central- Intelligence Agency Retirement Act of
1964 for Certain Employees is further amended-
(1) by striking~:_out in the first sentence of section 221(f)
"Any" and inserting in lieu thereof the following: "Subject to
the rights of former spouses under sections 221(b) and 222,
any"; and
(2) by adding to subsection 221(1) the following paragraph:
"(4) This subsection shall not apply to the extent provided in sec-
tion 222(d).".
SEC. 611. Section 211 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees is amended by adding at
the end thereof the following new subsection:
"(c) Amounts deducted and withheld from the basic salary of a
participant under this section from the beginning of the first pay
period after the participant has completed thirty-five years of cred-
itable service computed under sections 251 and 252 (excluding serv-
ice credit for unused sick leave under section 221(h)), together with
interest on these amounts at the rate of 3 percent a year com-
pounded annually from the date of the deduction to the date of re-
tirement or death, shall be applied toward any special contribution
due under section 252(b), and any. balance not so required shall be
refunded in a lump sum to the participant after separation (or, in
the event of a death in service, to a beneficiary in order of prece-
dence specified in subsection 241(b)(1)), subject to any restrictions
on lump sums under section 234 of this Act regarding notification
or consent of a current spouse to such payments, or the participant
may use these sums to purchase an additional annuity in accord-
ance with section 281, or any other elective benefits authorized by
this Act, including additional retirement or survivor benefits for a
current or former spouse or spouses.".
PARTICIPANTS IN THE CIVIL SERVICE RETIREMENT SYSTEM
SEC. 612. The Central Intelligence Agency Act of 1949 (50 U.S.C.
403 a-m) is amended by adding at the end thereof the following
new section:
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177
"RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES
"SEC. 14. (a) The provisions of sections 204, 221(b)
(1)-(3),
221(f),
221(g)(2), 221(1), 221(m), 221(n), 221(o), 222, 223, 234(c),
234(d),
234(e),
and 263(b) of the Central Intelligence Agency Retirement Act of
1964 for Certain Employees (50 U.S.C. 403 note) establishing cer-
tain requirements, limitations, rights, entitlements, and benefits
relating to retirement annuities, survivor benefits, and lump-sum
payments for a spouse or former spouse of an Agency employee
who is a participant in the Central Intelligence Agency Retirement
and Disability System shall apply in the same manner and to the
same extent in the case of an Agency employee who is a partici-
pant in the Civil Service Retirement and Disability System.
"(b) The Director of the Office of Personnel Management, in con-
sultation with the Director of Central Intelligence, shall prescribe
such regulations as may be necessary to implement the provisions
of this section.".
SEC. 613. (a) Except as provided in subsections (b) and (c) of this
section, this title shall take effect on November 15, 1982.
(b) The provisions of section 222(a) of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees, as added by
this title, regarding the rights of former spouses to an annuity
shall apply in the case of any individual who after the effective
date of this title becomes a former spouse of an individual who sep-
arates from service with the Agency after such date.
(c) Except to the extent provided in section 223 of the Central In-
telligence Agency Retirement Act of 1964 for Certain Employees,
the provisions of section 221(b) (as amended by this title) and the
provisions of subsections (b) and (c) of section 222 of such Act, as
added by this title, regarding the rights of former spouses to re-
ceive survivor annuities shall apply in the case of any individual
who after the effective date of this title becomes a former spouse of
a participant or former participant in the Central Intelligence
Agency Retirement and Disability System.
SEC. 701. The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of any intelli-
gence activity which is not otherwise authorized by the Constitu-
tion or laws of the United States.
INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW
SEC. 702. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be
necessary for increases in such benefits authorized by law.
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178 AUTHORIZATION ACT FOR 1983
SEC. 703. The provisions of titles IV and V and of this title shall
become effective upon the date of the enactment of this Act.
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1982
AN ACT To authorize appropriations for fiscal year 1982 for the intelligence and
intelligence-related activities of the United States Government, for the Intelli-
gence Community Staff, and for the Central Intelligence Agency Retirement and
Disability System, to authorize supplemental appropriations for fiscal year 1981
for the intelligence and intelligence-related activities of the United States Govern-
ment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence Authorization Act for Fiscal Year
1982".
AUTHORIZATION OF APPROPRIATIONS
SEC. 101. Funds are hereby authorized to be appropriated for
fiscal year 1982 for the conduct of the intelligence and intelligence-
related activities of the following agencies of- the United States
Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
CLASSIFIED SCHEDULE OF AUTHORIZATIONS
SEC. 102. (a) Except as provided in subsection (b), the amounts au-
thorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 1982, for the conduct of the
intelligence and intelligence-related activities of the agencies listed
in such section, are those specified in the classified Schedule of Au-
thorizations prepared by the committee of conference to accompany
H.R. 3454 of the Ninety-seventh Congress. That Schedule of Au-
thorizations shall be made available to the Committees on Appro-
priations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of
the Schedule, or of appropriate portions of the Schedule, within the
executive branch.
(b) The Director of Central Intelligence may authorize the em-
ployment of civilian personnel by the Central Intelligence Agency
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180 AUTHORIZATION ACT FOR 1982
in excess of the number authorized by subsection (a) when he deter-
mines that such action is necessary to the performance of impor-
tant intelligence functions, except that such additional number
may not exceed two percent of the total number authorized for the
Central Intelligence Agency by such subsection.
(c) The Director of Central Intelligence shall promptly notify the
Permanent Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence of the
Senate of any authorization to increase civilian personnel of the
Central Intelligence Agency under subsection (b).
CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF
PROGRAM AUTHORIZATIONS
SEC. 103. During fiscal year 1982, funds may not be made avail-
able for any activity for which funds are authorized to be appropri-
ated by this Act unless such funds have been specifically author-
ized for such activity or, in the case of funds appropriated for a dif-
ferent activity, unless the Director of Central Intelligence or the
Secretary of Defense has notified the appropriate committees of
Congress of the intent to make such funds available for such activi-
ty-
AUTHORIZATION OF APPROPRIATIONS FOR COUNTER-TERRORISM
. ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
SEC. 104. In addition to the amounts authorized to be appropri-
ated under section 101(9), there is authorized to be appropriated for
fiscal year 1982 the sum of $11,900,000 for the conduct of the activi-
ties of the Federal Bureau of Investigation to counter terrorism in
the United States.
SEC. 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1982 the sum of $13,600,000.
AUTHORIZATION OF PERSONNEL END-STRENGTH
SEC. 202. (a) The Intelligence Community Staff is authorized two
hundred and twenty full-time personnel as of September 30, 1982.
Such personnel may be permanent employees of the Intelligence
Community Staff or personnel detailed from other elements of the
United States Government.
(b) During fiscal year 1982, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in in-
telligence and intelligence-related activities.
(c) During fiscal year 1982, any officer or employee of the United
States or member of the Armed Forces who is detailed to the Intel-
ligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis,
except that any such officer, employee, or member may be detailed
on a nonreimbursable basis for a period of less than one year for
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AUTHORIZATION ACT FOR 1982 181
the performance of temporary functions as required by the Direc-
tor of Central Intelligence.
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS
CENTRAL INTELLIGENCE AGENCY
SEC. 203. During fiscal year 1982, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-4031) in
the same manner as activities and personnel of the Central Intelli-
gence Agency.
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
AUTHORIZATION OF APPROPRIATIONS
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year
1982 the sum of $84,600,000.
TITLE IV-SUPPLEMENTAL AUTHORIZATION FOR FISCAL
YEAR 1981
SEC. 401. In addition to the funds authorized to be appropriated
under title I of the Intelligence Authorization Act for Fiscal Year
1981 (Public Law 96-450; 94 Stat. 1975), funds are hereby author-
ized to be appropriated for fiscal year -1981 for the conduct of the
intelligence and intelligence-related activities of the United States
Government. The amounts authorized to be appropriated under the
preceding sentence are those specified for that purpose in the clas-
sified Schedule of Authorizations described in section 102.
TITLE V-GENERAL PROVISIONS RELATING TO THE
CENTRAL INTELLIGENCE AGENCY
ALLOWANCES AND BENEFITS FOR CENTRAL INTELLIGENCE AGENCY
PERSONNEL
SEC. 501. [Section 501 added a new subsection (b) to section 4 of
the'Central Intelligence Agency Act of 1949.]
AUTHORITY TO CARRY FIREARMS
SEC. 502. [Section 502 provided a new text for section 5(d) of the
Central Intelligence Agency Act of 1949.]
UNAUTHORIZED USE OF CENTRAL INTELLIGENCE AGENCY NAME,
. INITIALS, OR SEAL
SEC. 503. [Section 503 added a new section 13 to the Central In-
telligence Agency Act of 1949.]
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182 AUTHORIZATION ACT FOR 1982
SEC. 504. [Section 504 amended section 303 of the National Secu-
rity Act of 1947.]
TITLE VI-GENERAL PROVISIONS RELATED TO THE
NATIONAL SECURITY AGENCY
ALLOWANCES AND BENEFITS FOR NATIONAL SECURITY AGENCY
PERSONNEL
. SEC. 601. [Section 601 amended section 9 of the National Security
Agency Act of 1959.]
SEC. 602. [Section 602 added a new section 10 to the National Se-
curity Agency Act of 1959 and redesignated the existing section 10
as subsection (i) of section 9.]
SENIOR CRYPTOLOGIC EXECUTIVE SERVICE; CRYPTOLOGIC RESEARCH
GRANTS; CRYPTOLOGIC PROCUREMENT; MISUSE OF AGENCY NAME
SEC. 603. [Section 603 added new sections 12 through 15 to the
National Security Agency Act of 1959.]
TITLE VII-DEFENSE INTELLIGENCE AGENCY PERSONNEL
PROVISIONS
DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE; MERIT PAY SYSTEM
SEC. 701. (a) [Section 701(a) added a new chapter 83 to title 10,
United States Code.]
TITLE VIII-PROVISIONS APPLICABLE TO MORE THAN ONE
AGENCY AND EFFECTIVE DATE
EXCLUSION FROM VETERANS PREFERENCE PROVISIONS
SEC. 801. Section 2108(3) of title 5, United States Code, is amend-
ed by striking out "or the General Accounting Office" and insert-
ing in lieu thereof ", the Defense Intelligence Senior Executive
Service, the Senior Cryptologic Executive Service, or the General
Accounting Office".
ACCUMULATION OF ANNUAL LEAVE NOT SUBJECT TO LIMITATION
SEC. 802. Section 6304 of title 5, United States Code, is amended
by striking out subsections (f) and (g) and inserting in lieu thereof
the following:
"(f) Annual leave accrued shall not be subject to the limitation
on accumulation otherwise imposed by this section if such leave is
accrued by an individual while serving in a position in-
"(1) the Senior Executive Service;
"(2) the Senior Foreign Service;
"(3) the Defense Intelligence Senior Executive Service; or
"(4) the Senior Cryptologic Executive Service.".
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SEC. 803. Section 8336 of title 5, United States Code, is amended
by inserting "(1)" after "(h)" and by adding at the end thereof the
following new paragraph:
"(2) A member of the Defense Intelligence Senior Executive Serv-
ice or the Senior Cryptologic Executive Service ' who is removed
from such service for less than fully successful executive perform-
ance after completing 25 years of service or after becoming 50
years of age and completing 20 years of service is entitled to an an-
nuity.".
SEC. 804. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be
necessary for increases in such benefits authorized by law.
RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES
SEC. 805. The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of any intelli-
gence activity which is not otherwise authorized by the Constitu-
tion or laws of the United States.
SEC. 806. The amendments made by titles V, VI, and VII and by
this title shall take effect as of October 1, 1981.
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1981
PUBLIC LAW 96-450-OCTOBER 14, 1980
AN ACT To authorize appropriations for fiscal year 1981 for the intelligence and
intelligence-related activities of the United States Government, for the Intelli-
gence Community Staff, and for the Central Intelligence Agency Retirement and
Disability System, and for other purposes.
Be it enacted by the Senate and House of the Representatives of
the United States of America in Congress assembled, That this Act
may be cited as the "Intelligence Authorization Act for Fiscal Year
1981".
AUTHORIZATION OF APPROPRIATIONS
SEC. 101. Funds are hereby authorized to be appropriated for
fiscal year 1981 for the conduct of the intelligence and intelligence-
related activities of the following agencies of the United States
Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
CLASSIFIED SCHEDULE OF AUTHORIZATIONS
SEC. 102. The amounts authorized to be appropriated under sec-
tion 101, and the authorized personnel ceilings as of September 30,
1981, for the conduct of the intelligence and intelligence-related ac-
tivities of the agencies listed in such section, are those specified in
the classified Schedule of Authorizations prepared by the commit-
tee of conference to accompany S. 2597 of the 96th Congress. That
Schedule of Authorizations shall be made available to the Commit-
tees on Appropriations of the Senate and House of Representatives
and to the President. The President shall provide for suitable dis-
tribution of the schedule, or of appropriate portions of the sched-
ule, within the executive branch.
70-116 0 - 87 - 7
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186 AUTHORIZATION ACT FOR 1981
CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF
PROGRAM AUTHORIZATIONS
SEC. 103. During fiscal year 1981, funds may not be obligated or
expended for any program for which funds are authorized to be ap-
propriated by section 101 in an amount in excess of the amount
specified for that program in the classified Schedule of Authoriza-
tions described in section 102 unless the Director of Central Intelli-
gence or the Secretary of Defense notifies the appropriate commit-
tees of Congress of the intent to make such obligation or expendi-
ture not less than fifteen days before such obligation or expendi-
ture is made.
RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES
SEC. 104. Nothing contained in this Act shall be deemed to consti-
tute authority for the conduct of any intelligence activity which is
not otherwise authorized by the Constitution or laws of the United
States.
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
SEC. 105. In addition to the amounts authorized to be appropri-
ated under section 101(9), there is authorized to be appropriated for
fiscal year 1981 the sum of $11,400,000 for the conduct of the activi-
ties of the Federal Bureau of Investigation to counter terrorism in
the United States.
SEC. 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1981 the sum of $17,824,000.
SEC. 202. (a) The Intelligence Community Staff is authorized two
hundred and forty-five full-time personnel as of September 30,
1981. Such personnel may be permanent employees of the Intelli-
gence Community Staff or personnel detailed from other elements
of the United States Government.
(b) During fiscal year, 1981, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in in-
telligence and intelligence-related activities.
(c) During fiscal year 1981, any officer or employee of the United
States or member of the Armed Forces who is detailed to the Intel-
ligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis,
except that any such officer, employee, or member may be detailed
on a nonreimbursable-basis for a period of less than one year for
the performance of temporary functions as required by the Direc-
tor of Central Intelligence.
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INTELLIGENCE COMMUNITY STAFF. ADMINISTERED IN SAME MANNER AS
CENTRAL INTELLIGENCE AGENCY
.SEC. 203. During fiscal year 1981, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-403j) in the
same manner as activities and personnel of the Central Intelli-
gence Agency.
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
AUTHORIZATION OF APPROPRIATIONS
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund. for fiscal year
1981 the sum of $55,300,000.
TITLE IV-GENERAL PROVISIONS
FUNDS TRANSFERS BY THE SECRETARY OF DEFENSE
SEC. 401. [Section 401 added a new . section 140a to title 10,
United States Code.]
ADMINISTRATIVE PROVISIONS RELATING TO THE NATIONAL SECURITY
AGENCY
SEC. 402. (a) [Section 402(a) added new sections 9, 10, and 11 to
the National Security Agency Act of 1959.]
(b) Any individual who is liable to the United States for any
overpayment which was made to or on behalf of such individual
before October 1, 1980, under chapter 57 of title 5, United States
Code, while such individual was an employee of or assigned to duty
with the National Security Agency and which was subsequently de-
termined to be subject to the limitations contained in section
4109(a)(2)(B) of such title is hereby relieved of liability to the
United States for such overpayment.
- AUTHORITY TO PAY DEATH GRATUITIES
SEC. 403. (a) [Section 403(a) added a new section 11 to the Central
Intelligence Agency Act of 1949.]
(b) ?[Section 403(b) added a new section 1489 to title 10, United
States Code.]
SPECIAL PROVISIONS RELATING. TO THE WELFARE OF PERSONNEL OF THE
CENTRAL INTELLIGENCE AGENCY
SEC. 404. [Section 404 added a new section 12 to the Central In-
telligence Agency Act of 1949.]
AUTHORITY TO REMEDY UNJUSTIFIED PERSONNEL ACTIONS
SEC. 405. (a) Whenever the Director of Central Intelligence finds
during fiscal year 1981 that an employee-or former employee of the
Central Intelligence Agency has unfairly had his career with the
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188 AUTHORIZATION ACT FOR 1981
Agency adversely affected as a result of allegations concerning the
loyalty to the United States of such employee or former employee,
the Director may grant such employee or former employee such
monetary or other relief (including reinstatement and promotion)
as the Director considers appropriate in the interest of fairness.
(b) Any action of the Director under this section is now reviewa-
ble in any other forum or in any court.
(c) The authority of the Director to make payments under subsec-
tion (a) is effective only to the extent that appropriated funds are
available for that purpose.
SEC. 406. [Section 406 added a new chapter 108 to title 10, United
States Code.]
SEC. 407. (a) [Section 407(a) amended section 662 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2422).]
(b) [Section 407(b) added a new title V to the National Security
Act of 1947.] -
SEC. 408. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased by such additional. or supplemental amounts as .may be
necessary for increases in such benefits authorized by law.
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INTELLIGENCE AND INTELLIGENCE-RELATED ACTIVITIES
AUTHORIZATION ACT FOR FISCAL YEAR 1980
PUBLIC LAW 96-100-NOVEMBER 2, 1979
AN ACT To authorize appropriations for fiscal year 1980 for intelligence and intelli-
gence-related activities of the United States Government, for the Intelligence
Community Staff, and for the Central Intelligence Agency Retirement and Dis-
ability System, to authorize supplemental appropriations for fiscal year 1979 for
the intelligence and intelligence-related activities of the United States Govern-
ment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence and Intelligence-Related Activities Au-
thorization Act for Fiscal Year 1980".
TITLE I-INTELLIGENCE ACTIVITIES
SEC. 101. (a) Funds are hereby authorized to be appropriated for
fiscal year 1980 for the conduct of the intelligence and intelligence-
related activities of the following departments, agencies, and other
elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
(b) The amounts authorized to be appropriated under this Act,
and the authorized personnel ceilings as of September 30, 1980, for
the conduct of the intelligence and intelligence-related activities of
the agencies listed in subsection (a) are those listed in the classified
Schedule of Authorizations prepared by the committee of confer-
ence to accompany the conference report on the bill S. 975, 96th
Congress. That Schedule of Authorizations shall be made available
to the Committees on Appropriations of the Senate and House of
Representatives and to the President. The President shall provide
for suitable distribution of the Schedule, or of appropriate portions
of the Schedule, within the executive branch.
(c) Nothing contained in this Act shall be deemed to constitute
authority for the conduct of any intelligence activity which is not
otherwise authorized by the Constitution or laws of the United
States.
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190 AUTHORIZATION ACT OF 1980
(d) In addition to the amounts authorized to be appropriated
under subsection (a)(9), there is authorized to be appropriated for
fiscal year 1980 the sum of $12,100,000 for the conduct of the activi-
ties of the Federal Bureau of Investigation to counter terrorism in
the United States.
TITLE II-INTELLIGENCE COMMUNITY STAFF
SEC. 201. (a) There is authorized to be appropriated for the Intel-
ligence Community Staff for fiscal year 1980 the sum of
$11,500,000.
(b)(1) The Intelligence Community Staff is authorized 245 full-
time personnel as of September 30, 1980. Such personnel may be
permanent employees of the Intelligence Community Staff or per-
sonnel detailed from other elements of the United States Govern-
ment.
(2) During fiscal year 1980, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in in-
telligence and intelligence-related activities.
(3) During fiscal year 1980, any officer or employee of the United
States or member of the Armed Forces who is detailed to the Intel-
ligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis,
except that any such officer, employee, or member may be detailed
on a nonreimbursable basis for a period of less than one year for
the performance of temporary functions as required by the Direc-
tor of Central Intelligence.
(c) During fiscal year 1980, activities and personnel of the Intelli-
gence Community Staff shall be subject to the provisions of the Na-
tional Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a-403j) in the same
manner as activities and personnel of the Central Intelligence
Agency.
SEC. 202. Section 202 consisted of an amendment to section 201 of
the Intelligence and Intelligence-Related Activities Authorization
Act for Fiscal Year 1979 (Public Law 95-370; 92 Stat. 626).
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year
1980 the sum of $51,600,000.
TITLE IV-SUPPLEMENTAL AUTHORIZATION, FISCAL YEAR
1979
SEC. 401. In addition to the funds authorized to be appropriated
under title I of the Intelligence and Intelligence-Related Activities
Authorization Act for Fiscal Year 1979 (Public Law 95-370; 92 Stat.
626), funds are hereby authorized to be appropriated for fiscal year
1979 for the conduct of intelligence and intelligence-related activi-
ties of the United States Government in the amounts listed in the
classified Scheduled of Authorizations described in section 101(b).
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TITLE V-TECHNICAL PROVISIONS
SEC. 501. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be
necessary for increases in such benefits authorized by law.
SEC. 502. [Section 502 consisted of an amendment to section
5924(4)(B) of title 5, United States Code, relating to payment of
travel expenses to and from schools in the United States of depend-
ents of certain employees serving overseas.]
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INTELLIGENCE AND INTELLIGENCE-RELATED ACTIVITIES
AUTHORIZATION ACT FOR FISCAL YEAR 1979
PUBLIC LAW 95-370-SEPTEMBER 17, 1978
AN ACT To authorize appropriations for fiscal year 1979 for intelligence and intelli-
gence-related activities of the United States Government, the Intelligence Com-
munity Staff, the Central Intelligence Agency Retirement and Disability System,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence and Intelligence-Related Activities Au-
thorization Act for Fiscal Year 1979".
TITLE I-INTELLIGENCE ACTIVITIES
SEC. 101. (a) Funds are hereby authorized to be appropriated for
fiscal year 1979 for the conduct of the intelligence and intelligence-
related activities of the following departments, agencies, and other
elements of the United States Government:
(1) The Central Intelligence Agency and the Director of Cen-
tral Intelligence.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
(b) The classified annex to the joint explanatory statement pre-
pared by the Committee of Conference to accompany the Confer-
ence Report on H.R. 12240 of the Ninety-fifth Congress shall be
deemed to reflect the final action of the Congress with respect to
the authorization of appropriations for fiscal year 1979 for intelli-
gence and intelligence related activities of the United States Gov-
ernment, including specific amounts for activities specified in sub-
section (a). Copies of such annex shall be made available to the
Committees on Appropriations of the House of Representatives and
the Senate and to the appropriate elements of the United States
Government for which funds are authorized by this Act under sub-
section (a).
(c) Nothing contained in this Act shall be deemed to constitute
authority for the conduct of any intelligence activity which is pro-
hibited by the Constitution or laws of the United States.
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j 194 AUTHORIZATION ACT OF 1979
TITLE II-INTELLIGENCE COMMUNITY STAFF
SEC. 201. (a) There is authorized to be appropriated for the Intel-
ligence Community Staff for fiscal year 1979 the sum of $12,700,000
to provide the support necessary to permit the Director of Central
Intelligence to fulfill his responsibility for directing the substantive
functions and managing the resources for intelligence activities.
(b) For fiscal year 1979 the Intelligence Community Staff is au-
thorized an end strength ceiling of two hundred and sixty-nine full-
time employees. Such personnel may be permanent employees or
employees on detail from other elements of the United States Gov-
ernment so long as they are properly counted within the ceiling
and there is a mix of positions to allow appropriate representation
from elements of the United States Government engaged in intelli-
gence and intelligence-related activities.
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability System for the fiscal
year 1979 the sum of $43,500,000.
TITLE IV-ADMISSION OF CERTAIN EXCLUDABLE ALIENS
SEC. 401. By October 30, 1979, the Attorney General shall report
to the Permanent Select Committee on Intelligence and the Com-
mittee on the Judiciary of the House of Representatives and the
Select Committee on Intelligence and the Committee on the Judici-
ary of the Senate regarding those cases during the period begin-
ning on October 1, 1978, and ending on September 30, 1979, in
which (1) the Director of the Federal Bureau of Investigation has
notified the Attorney General that the Director knows or has
reason to believe that an alien applying for admission into the
United States is an excludable alien under the terms of section
212(a) (27), (28), or (29) of the Immigration and Nationality Act (8
U.S.C. 1182(a)), and (2) such alien is subsequently admitted into the
United States.
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II. SELECTED LAWS OF INTEREST TO THE
NATIONAL INTELLIGENCE COMMUNITY
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A. DISCLOSURE AND PROTECTION OF
INFORMATION
SECTION 552 OF TITLE 5, UNITED STATES CODE (THE
"FREEDOM OF INFORMATION ACT")
? 552. Public information; agency rules, opinions, orders, records,
and proceedings
(a) Each agency shall make available to the public information as
follows:
(1) Each agency shall separately state and currently publish
in the Federal Register for the guidance of the public-
(A) descriptions of its central and field organization and
the established places at which, the employees (and in the
case of a uniformed service, the members) from whom, and
.the methods whereby, the public may obtain information,
make submittals or requests, or obtain decisions;
(B) statements of the general course and method by
which its functions are channeled and determined, includ-
ing the nature and requirements of all formal and infor-
mal procedures available;
(C) rules of procedure, descriptions of forms available or
the places at which forms may be obtained, and instruc-
tions as to the scope and contents of all papers, reports, or
examinations;
(D) substantive rules of general applicability adopted as
authorized by law, and statements of general policy or in-
terpretations of general applicability formulated and
adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice
of the terms thereof, a person may not in any manner be re-
quired to resort to, or be adversely affected by, a matter re-
quired to be published in the Federal Register and not so pub-
lished. For the purpose of this paragraph, matter reasonably
available to the class of persons affected thereby is deemed
published in the Federal Register when incorporated by refer-
ence therein with the approval of the Director of the Federal
Register.
(2) Each agency, in accordance with published rules, shall
make available for public inspection and copying-
(A) final opinions, including concurring' and dissenting
opinions, as well as orders, made in the adjudication of
cases;
(B) those statements of policy and interpretations which
have been adopted by. the agency and are not published in
the Federal Register; and
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198 SELECTED LAWS OF INTEREST
(C) administrative staff manuals and instructions to staff
that affect a member of the public;
unless the materials are promptly published and copies offered
for sale. To the extent required to prevent a clearly unwar-
ranted invasion of personal privacy, an agency may delete
identifying details when it makes available or publishes an
opinion, statement of policy, interpretation, or staff manual or
instruction. However, in each case the justification for the de-
letion shall be explained fully in writing. Each agency shall
also maintain and make available for public inspection and
copying current indexes providing identifying information for
the public as to any matter issued, adopted, or promulgated
after July 4, 1967, and required by this paragraph to be made
available or published. Each agency shall promptly publish,
quarterly or more frequently, and distribute (by sale or other-
wise) copies of each index or supplements thereto unless it de-
termines by order published in the Federal Register that the
publication would be unnecessary and impracticable, in which
case the agency shall nonetheless provide copies of such index
on request at a cost not to exceed the direct cost of duplication.
A final order, opinion, statement of policy, interpretation, or
staff manual or instruction that affects a member of the public
may be relied on, used, or cited as precedent by an agency
against a party other than an agency only if-
(i) it has been indexed and either made available or pub-
lished as provided by this paragraph; or
(ii) the party has actual and timely notice of the terms
thereof.
(3) Except with respect to the records made available under
paragraphs (1) and (2) of this subsection, each agency, upon
any request for records which (A) reasonably describes such
records and (B) is made in accordance with published rules
stating the time, place, fees (if any), and procedures to be fol-
lowed, shall make the records promptly available to any
person.
(4)(A)(i) In order to carry 'out the provisions of this section,
each agency shall promulgate regulations, pursuant to notice
and receipt of public comment, specifying the schedule of fees
applicable to the processing of requests under this section and
establishing procedures and guidelines for determining when
such fees should be waived or reduced. Such schedule shall
conform to the guidelines which shall be promulgated, pursu-
ant to notice and receipt of public comment, by the Director of
the Office of Management and Budget and which shall provide
for a uniform schedule of fees for all agencies.
(ii) Such agency regulations shall provide that-
(I) fees shall be limited to reasonable standard charges
for document search, duplication, and review, when
records are requested for commercial use;
(II) fees shall be limited to reasonable standard charges
for document duplication when records are not sought for
commercial use and the request is made by an educational
or noncommercial scientific institution, whose purpose is
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I SELECTED LAWS OF INTEREST 199
scholarly or scientific research; or a representative of the
news media; and
(III) for any request not described in (I) or (II), fees shall
be limited to reasonable standard charges for document
search and duplication.
(iii) Documents shall be furnished without any charge or at a
charge reduced below the fees established under clause (ii) if
disclosure of the information is in the public interest because it
is likely to contribute significantly to public understanding of
the operations or activities of the government and is not pri-
marily in the commercial interest of the requester.
(iv) Fee schedules shall provide for the recovery of only the
direct costs of search, duplication, or review. Review costs shall
include only the direct costs incurred during the initial exami-
nation of a document for the purposes of determining whether
the documents must be disclosed under this section and for the
purposes of withholding any portions exempt from disclosure
under this section. Review costs may not include any costs in-
curred in resolving issues of law or policy that may be raised
in the course of processing a request under this section. No fee
may be charged by any agency under this section-
(I) if the costs of routine collection and processing of the
fee are likely to equal or exceed the amount of the fee; or
(II) for any request described in clause (ii) (II) or (III) of
this subparagraph for the first two hours of search time or
for the first one hundred pages of duplication.
(v) No agency may require advance payment of any fee
unless the requester has previously failed to pay fees in a
timely fashion, or the agency has determined that the fee will
exceed $250.
(vi) Nothing in this subparagraph shall supersede fees
chargeable under a statute specifically providing for setting
the level of fees for particular types of records.
(vii) In any action by a requester regarding the waiver of
fees under this section, the court shall determine the matter de
novo: Provided, That the court's review of the matter shall be
limited to the record before the agency.
(B) On complaint, the district court of the United States in
the district in which the complainant resides, or has his princi-
pal place of business, or in which the agency records are situat-
ed, or in the District of Columbia, has jurisdiction to enjoin the
agency from withholding agency records and to order the pro-
duction of any agency records improperly withheld from the
complainant. In such a case the court shall determine the
matter de novo, and may examine the contents of such agency
records in camera to determine whether such records or any
part thereof shall be withheld under any of the exemptions set
forth in subsection (b) of this section, and the burden is on the
agency to sustain its action.
(C) Notwithstanding any other provision of law, the defend-
ant shall serve an answer or otherwise plead to any complaint
made under this subsection within thirty days after service
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upon the defendant of the pleading in which such complaint is
made, unless the court otherwise directs for good cause shown.
(E) The court may assess against the United States reasona-
ble attorney fees and other litigation costs reasonably incurred
in any case under this section in which the complainant has
substantially prevailed.
(F) Whenever the court orders the production of any agency
records improperly withheld from the complainant and assess-
es against the United States reasonable attorney fees and
other litigation costs, and the court additionally issues a writ-
ten finding that the circumstances surrounding the withhold-
. ing raise questions whether agency personnel acting arbitrar-
ily or capriciously with respect to the withholding, the Special
Counsel shall promptly initiate a proceeding to- determine
whether disciplinary action is warranted against the officer or
employee who- was primarily responsible for the withholding.
The Special Counsel, after investigation and consideration of
the evidence submitted, shall submit his findings and recom-
mendations to the administrative authority of the agency con-
cerned and shall send copies of the findings and recommenda-
tions to the officer or employee or his representative. The ad-
ministrative authority shall take the corrective action that the
Special Counsel recommends.
(G) In the event of noncompliance with the order of the
court, the district court may punish for contempt the responsi-
ble employee, and in the case of a uniformed service, the re-
sponsible member.
(5) Each agency having more than one member shall main-
tain and make available for public inspection ' a record of the
final votes of each member in every agency proceeding.
(6)(A) Each agency, upon any request for records made under
paragraph (1), (2), or (3) of this subsection, shall-
(i) determine within- ten days (excepting Saturdays, Sun-
days, and legal public holidays) after the receipt of any
such request whether to comply with such request and
shall immediately notify the person making such request
of such determination and the reasons therefor, and of the
right of such person to appeal to the head of the agency
any adverse determination; and
(ii) make a determination with respect to any appeal
within twenty days (excepting Saturdays, Sundays, and
legal public holidays) after the receipt of such appeal. If on
appeal the denial of the request for records is in whole or
in part upheld, the agency shall notify the person making
such request of -the provisions for judicial review of that
determination under paragraph (4) of this subsection.
(B) In unusual circumstances as specified in this subpara-
graph, the time limits prescribed in either clause (i) or clause
(ii) of subparagraph (A) may be extended by written notice to
the person making such request setting forth the reasons for
such extension and the date on which a determination is ex-
pected to be dispatched. No such notice shall specify a date
that would result in. an extension for more than ten working
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days. As used in this subparagraph, "unusual circumstances"
means, but only to the extent reasonably necessary to the
proper processing of the particular request-
(i) the need to search for and collect the requested
records from field facilities or, other establishments that
are separate from the office processing the request;
(ii) the need to search for, collect, and appropriately ex-
amine a voluminous amount of separate and distinct
records which are demanded in a single request; or
(iii) the need for consultation, which shall be conducted
with all practicable speed, with another agency having a
substantial interest in the determination of the request or
among two or more components of the agency having sub-
stantial subject-matter interest therein.
(C) Any person making a request to any agency for records
under paragraph (1), (2), or (3) of this subsection shall be
deemed to have exhausted his administrative remedies with re-
spect to such request if the agency fails to comply with the ap-
plicable time limit provisions of this paragraph. If the Govern-
ment can show exceptional circumstances exist and that the
agency is exercising due diligence in responding to the request,
the court may retain jurisdiction and allow the agency addi-
tional time to complete its review of the records. Upon any de-
termination by an agency to comply with a request for records,
the records shall be made promptly available to such person
making such request. Any notification of denial of any request
for records under this subsection shall set forth the names and
titles or positions of each person responsible for the denial of
such request.
(b) This section does not apply to matters that are-
(1)(A) specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national de-
fense or foreign policy and (B) are in fact properly classified
pursuant to such Executive order;
(2) related solely to the internal personnel rules and prac-
tices of an agency;
(3) specifically exempted from disclosure by statute (other
than section 552b of this title), provided that such statute (A)
requires that the matters be withheld from the. public in such
a manner as to leave no discretion on the issue, or (B) estab-
lishes particular criteria for withholding or refers to particular
types of matters to be withheld;
(4) trade secrets and commercial or financial information ob-
tained from a person and privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters
which would not. be available by law to a party other than an
agency in litigation with the agency;
(6) personnel and medical files and similar files the disclo-
sure of which would constitute a clearly unwarranted invasion
of personal privacy;
(7) records or information compiled for law enforcement pur-
poses, but only to the extent that the production of such law
enforcement records or information (A) could reasonably be ex-
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pected to interfere with enforcement proceedings, (B) would de-
prive a person of a right to a fair trial or an impartial adjudi-
cation, (C) could reasonably be expected to constitute an un-
warranted invasion of personal privacy, (D) could reasonably
be expected to disclose the identity of a confidential source, in-
cluding a State, local, or foreign agency or authority or any
private institution which furnished information on a confiden-
tial basis, and, in the case of a record or information compiled
by criminal law enforcement authority in the course of a crimi-
nal investigation or by an agency conducting a lawful national
security intelligence investigation, information furnished by a
confidential source, (E) would disclose techniques and proce-
dures for law enforcement investigations or prosecutions, or
would disclose guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to
risk circumvention of the law, or (F) could reasonably be ex-
pected to endanger the life or physical safety of any individual;
(8) contained in or related to examination, operating, or con-
dition reports prepared by, on behalf of, or for the use of an
agency responsible for the regulation or supervision of finan-
cial institutions; or
(9) geological and geophysical information and data, includ-
ing maps, concerning wells.
Any reasonably segregable portion of a record shall be provided to
any person requesting such record after deletion of the portions
which are exempt under this subsection.
(c)(1) Whenever a request is made which involves access to
records described in subsection (b)(7)(A) and-
(A) the investigation or proceeding involves a possible viola-
tion of criminal law; and
(B) there is reason to believe that (i) the subject of the inves-
tigation or proceeding is not aware of its pendency, and (ii) dis-
closure of the existence of the records could reasonably be ex-
pected to inerfere with enforcement proceedings,
the agency may, during only such time as that circumstance con-
tinues, treat the records as not subject to the requirements of this
section.
(2) Whenever informant records maintained by a criminal law
enforcement agency under an informant's name or personal identi-
fier are requested by a third party according to the informant's
name or personal identifier, the agency may treat the records as
not subject to the requiements of this section unless the inform-
ant's status as an informant has been officially confirmed.
(3) Whenever a request is made which involves access to records
maintained by the Federal Bureau of Investigation pertaining to
foreign intelligence or counterintelligence, or international terror-
ism, and the existence of the records is classified information as
provided in subsection (b)(1), the Bureau may, as long as the exist-
ence of the records remains classified information, treat the
records as not subject to the requirements.of this section.
(d) This section does not authorize withholding of information or
limit the availability of records to the public, except as specifically
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stated in this section. This section is not authority to withhold in-
formation from Congress.
(e) On or before March 1 of each calendar year, each agency shall
submit a report covering the preceding calendar year to the Speak-
er of the House of Representatives and President of the Senate for
referral to the appropriate committees of the Congress. The report
shall include-
(1) the number of determinations made by such agency not
to comply with requests for records made to such agency under
subsection (a) and the reasons for each such determination;
(2) the number of appeals made by persons under subsection
(a)(6), the result of such appeals, and the reason for the action
upon each appeal that results in a denial of information;
(3) the names and titles or positions of each person responsi-
ble for the denial of records requested under this section, and
the number of instances of participation for each;
(4) the results of each proceeding conducted pursuant to sub-
section (a)(4)(F), including a report of the disciplinary action
taken against the officer or employee who was primarily re-
sponsible for improperly withholding records or an explanation
of why disciplinary action was not taken;
(5) a copy of every rule made by such agency regarding this
section;
(6) a copy of the fee schedule and the total amount of fees
collected by the agency for making records available under this
section; and
(7) such other information as indicates efforts to administer
fully this section.
The Attorney General shall submit an annual report on or before
March 1 of each calendar year which shall include for the prior
calendar year a listing of the number of cases arising under this
section, the exemption involved in each case, the disposition of
such case, and the cost, fees, and penalties assessed under subsec-
tions (a)(4)(E), (F) and (G). Such reports shall also include a descrip-
tion of the efforts undertaken by the Department of Justice to en-
courage agency compliance with this section.
(f) For purposes of this section, the term "agency" as defined in
section 551(1) of this title includes any executive department, mili-
tary department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of the
Government (including the Executive Office of the President), or
any independent regulatory agency.
SECTION 552a OF TITLE 5, UNITED STATES CODE (THE
"PRIVACY ACT")
?552a. Records maintained on individuals
(a) DEFINITIONS.-For purposes of this section-
(1) the term "agency" means agency as defined in section
552(e) of this title;
(2) the term "individual" means a citizen of the United
States or an alien lawfully admitted for permanent residence;
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(3) the term "maintain" includes maintain, collect, use, or
disseminate;
(4) the term "record" means any item, collection, or grouping
of information about an individual that is maintained by an
agency, including, but not limited to, his education, financial
transactions, medical history, and criminal or employment his-
tory and that contains his name, or the identifying number,
symbol, or other identifying particular assigned to the individ-
ual, such as a finger or voice print or a photograph;
(5) the term "system of records" means a group of any
records under the control of any agency from which informa-
tion is retrieved by the name of the individual or by some iden-
tifying number, symbol, or other identifying particular as-
signed to the individual;
(6) the term "statistical record" means a record in a system
of records maintained for statistical research or reporting pur-
poses only and not used in whole or in part in making any de-
termination about an identifiable individual, except as provid-
ed by section 8 of title 13; and
(7) the term "routine use" means, with respect to the disclo-
sure of a record, the use of such record for a purpose which is
compatible with the purpose for which it was collected.
(b) CONDITIONS OF DISCLOSURE.-No agency shall disclose any
record which is contained in a system of records by any means of
communication to any person, or to another agency, except pursu-
ant to a written request by, or with the prior written consent of,
the individual to whom the record pertains, unless disclosure of the
record would be-
(1) to those officers and employees of the agency which main-
tains the record who have a need for the record in the per-
formance of their duties;
(2) required under section 552 of this title;
(3) for a routine use as defined in subsection (a)(7) of this sec-
tion and described under subsection (e)(4)(D) of this section;
(4) to the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity pursuant to
the provisions of title 13;
(5) to a recipient who has provided the agency with advance
adequate written assurance that the record will be used solely
as a statistical research or reporting record, and the record is
to be transferred in a form that is not individually identifiable;
(6) to the National Archives and Records Administration as a
record which has sufficient historical or other value to warrant
its continued preservation by the United States Government,
or for evaluation by the Archivist of the United States or the
designee of the Archivist to determine whether the record has
such value;
(7) to another agency or to an instrumentality of any govern-
mental jurisdiction within or under the control of the United
States for a civil or criminal law enforcement activity if the ac-
tivity is authorized by law, and if the head of the agency or
instrumentality has made a written request to the agency
which maintains the record specifying the particular portion
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desired and the law enforcement activity for which the record
is sought;
(8) to a person pursuant to a showing of compelling circum-
stances affecting the health or safety of an individual if upon
such disclosure notification is transmitted to the last known
address of such individual;
(9) to either House of Congress, or, to the extent of matter
within its jurisdiction, any committee or subcommittee thereof,
any joint committee of Congress or subcommittee of any such
joint committee;
(10) to the Comptroller General, or any of his authorized rep-
resentatives, in the course of the performance of the duties of
the General Accounting Office;
(11) pursuant to the order of a court of competent jurisdic-
tion; or
(12) to a consumer reporting agency in accordance with sec-
tion 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C.
952(d)).
(c) ACCOUNTING OF CERTAIN DISCLOSURES.-Each agency, with re-
spect to each system of records under its control, shall
(1) except for disclosures made under subsections (b)(1) or
(b)(2) of this section, keep an accurate accounting of-
(A) the date, nature, and purpose of each disclosure of a
record to any person or to another agency made under
subsection (b) of this section; and
(B) the name and address of the person or agency to
whom the disclosure is made;
(2) retain the accounting made under paragraph (1) of this
subsection for at least five years or the life of the. record,
whichever is longer, after the disclosure for which the account-
ing is made;
(3) Except for disclosures made under subsection (b)(7) of this
section, make the accounting made under paragraph (1) of this
subsection available to the individual named in the record at
his request; and
(4) inform any person or other agency about any correction
or notation of dispute made by the agency in accordance with
subsection (d) of this section. of any record that has been dis-
closed to the person or agency if an accounting of the disclo-
sure was made.
(d) ACCESS To RECORDS.-Each agency that maintains a system of
records shall-
(1) upon request by any individual to gain access to his
record or to any information pertaining to him which is con-
tained in the system, permit him and upon his request, a
person of his own choosing to accompany him, to review the
record and have a copy made of all or any portion thereof in a
form comprehensible to. him, except that the agency may re-
quire the individual to furnish a written statement authorizing
discussion of that individual's record in the accompanying per-
son's presence;
(2) permit the individual to request amendment of a record
pertaining to him and-
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206 SELECTED LAWS OF INTEREST
(A) not later than 10 days (exluding Saturdays, Sundays,
and legal public holidays) after the date of receipt of such
request, acknowledge in writing such receipt; and
(B) promptly, either-
. (i) make any correction of any portion thereof which
the individual believes is not accurate, relevant,
timely, or complete; or
(ii) inform the individual of its refusal to amend the
record in accordance with his requests, the reason for
the refusal, the procedures established by the agency
for the individual to request a review of that refusal
by the head of the agency or an officer designated by
the head of the agency, and the name and business ad-
dress of that official;
(3) permit the individual who disagrees with the refusal of
the agency to amend his record to request a review of such re-
fusal, and not later than 30 days (excluding Saturdays, Sun-
days, and legal public holidays) from the date on which the in-
dividual requests such review, complete such review and make
a final determination unless, for good cause shown, the head of
the agency extends such 30-day period; and, if after his review,
the reviewing official also refuses to amend the record in ac-
cordance with the request, permit the individual to file with
the agency a concise statement setting forth the reasons for his
disagreement with the refusal of the agency, and notify the in-
dividual of the provisions for judicial review of the reviewing
official's determination under subsection (g)(1)(A) of this sec-
tion;
(4) in any disclosure, containing information about which the
individual has filed a statement of disagreement, occurring
after the filing of the statement under paragraph (3) of this
subsection, clearly note any portion of the record which is dis-
puted and provide copies of the statement and, if the agency
deems it appropriate, copies of a concise statement of the rea-
sons of the agency for not making the amendments requested,
to persons or other agencies to whom the disputed record has
been disclosed; and
(5) nothing in this section shall allow an individual access to
any information compiled in reasonable anticipation of a civil
action or proceeding.
(e) AGENCY REQUIREMENTS.-Each agency that maintains a
system of records shall-
(1) maintain in its records only such information about an
individual as is relevant and necessary to accomplish a purpose
of the agency required to be accomplished by statute or by ex-
ecutive order of the President;
(2) collect information to the greatest extent practicable di-
rectly from the subject individual when the information may
result in adverse determinations about an individual's rights,
benefits, and privileges under Federal programs;
(3) inform each individual whom it asks to supply informa-
tion, on the form which it uses to collect the information or on
a separate form that can be retained by the individual-
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(A) the authority (whether granted by statute, or by ex-
ecutive order of the President) which authorizes the solici-
tation of the information and whether disclosure of such
information is mandatory or voluntary;
(B) the principal purpose or purposes for which the in-
formation is intended to be used;
(C) the routine uses which may be made of the informa-
tion, as published pursuant to paragraph (4)(D) of this sub-
section; and
(D) the effects on him, if any, of not providing all or any
part of the requested information;
(4) subject to the provisions of paragraph (11) of this subsec-
tion, publish in the Federal Register at least annually a notice
of the existence and character of the system of records, which
notice shall include-
(A) the name and location of the system;
(B) the categories of individuals on whom records are
maintained in the system;
.(C) the categories of records maintained in the system;
(D) each routine use of the records contained in the
system, including the categories of users and the purpose
of such use;
(E) the policies and practices of the agency regarding
storage, retrievability, access controls, retention, and dis-
posal of the records;
(F) the title and business address of the agency official
who is responsible for the system of records;
(G) the agency procedures whereby an individual can be
notified at his request if the system of records contains a
record pertaining to him;
(H) the agency procedures whereby an individual can be
notified at his request how he can gain access to any
record pertaining to him contained in the system of
records, and how he can contest its content; and
(I) the categories of sources of records in the system;
(5) maintain all records which are used by the agency in
making any determination about any individual with such ac-
curacy, relevance, timeliness, and completeness as is reason-
ably necessary to assure fairness to the individual in the deter-
mination;
(6) prior to disseminating any record about an individual to
any person other than an agency, unless the dissemination is
made pursuant to subsection (b)(2) of this section, make reason-
able efforts to assure that such records are accurate, complete,
timely, and relevant for agency purposes;
(7) maintain no record describing how any individual exer-
cises rights guaranteed by the First Amendment unless ex-
pressly authorized by statute or by the individual about whom
the record is maintained or unless pertinent to and within the
scope of an authorized law enforcement activity;
(8) make reasonable efforts to serve notice on an individual
when any record on such individual is made available to any
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208 SELECTED LAWS OF INTEREST
person under compulsory legal process when such process be-
comes a matter of public record;
(9) establish rules of conduct for persons involved in the
design, development, operation, or maintenance of any system
of records, or in maintaining any record, and instruct each
such person with respect to such rules and the requirements of
this section, including any other rules and procedures adopted
pursuant to this section and the penalties for noncompliance;
(10) establish appropriate administrative, technical, and
physical safeguards to insure the security and confidentiality
of records and to protect against any anticipated threats or
hazards to their security or integrity which could result in sub-
stantial harm, embarrassment, inconvenience, or unfairness to
any individual on whom information is maintained; and
(11) at least 30 days prior to publication of information under
paragraph (4)(D) of this subsection, publish in Federal Register
notice of any new use or intended use of the information in the
system, and provide an opportunity for interested persons to
submit written data, views, or arguments, to the agency.
(f) AGENCY RULES.-In order to carry out the provisions of this
section, each agency that maintains a system of records shall pro-
mulgate rules, in accordance with the requirements (including gen-
eral notice) of section 553 of this title, which shall-
(1) establish procedures whereby an individual can be noti-
fied in response to his request if any system of records named
by the individual contains a record pertaining to him;
(2) define reasonable times, places, and requirements for
identifying an individual who requests his record or informa-
tion pertaining to him before the agency shall make the record
or information available to the individual;
(3) establish procedures for the disclosure to an individual
upon his request of his record or information pertaining to
him, including special procedure, if deemed necessary, for the
disclosure to an individual of medical records, including psy-
chological records pertaining to him;
(4) establish procedures for reviewing a request from an indi-
vidual concerning the amendment to any record or information
pertaining to the individual, for making a determination on
the request, for an appeal within the agency of an initial ad-
verse agency determination, and for whatever additional
means may be necessary for each individual to be able to exer-
cise fully his rights under this section; and
(5) establish fees to be charged, if any, to any individual for
making copies of his record, excluding the cost of any search
for and review of the record.
The Office of the Federal Register shall annually compile and pub-
lish the rules promulgated under this subsection and agency no-
tices published under subsection (e)(4) of this section in a form
available to the public at low cost.
(g)(1) CIVIL REMEDIES.-Whenever any agency-
(A) makes a determination under subsection (a)(3) of this sec-
tion not to amend an individual's record in accordance with his
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request, or fails to make such review in conformity with that
subsection;
(B) refuses to comply with an individual request under sub-
section (d)(1) of this section;
(C) fails to maintain any record concerning any individual
with such accuracy, relevance, timeliness, and completeness as
is necessary to assure fairness in any determination relating to
the qualification, character, rights, or opportunities of, or bene-
fits to the individual that may be made on the basis of such
record, and consequently a determination is made which is ad-
verse to the individual; or
(D) fails to comply with any other provision of this section,
or any rule promulgated thereunder, in such a way as to have
an adverse effect on an individual,
the individual may bring a civil action against the agency, and the
district courts of the United States shall have jurisdiction in the
matters under the provisions of this subsection.
(2)(A) In any suit brought under the provisions of subsection
(g)(1)(A) of this section, the court may order the agency to amend
the individual's record in accordance with his request or in such
other way as the court may direct. In such a case the court shall
determine the matter de novo.
(B) The court may assess against the United States reasonable at-
torney fees and other litigation costs reasonably incurred in. any
case under this paragraph in which the complainant has substan-
tially prevailed.
(3)(A) In any suit brought. under the provisions of subsection
(g)(1)(B) of this section, the court may enjoin the agency from with-
holding the records and order the production to the complainant of
any agency records improperly withheld from him. In such a case
the court shall determine the matter de novo, and may examine
the contents of any agency records in camera to determine whether
the records or any portion thereof may be withheld under any of
the exemptions set forth in subsection (k) of this section, and the
burden is on the agency to sustain its action.
(B) The court may assess against the United States reasonable at-
torney fees and other litigation costs reasonably incurred in any
case under this paragraph in which the complainant has substan-
tially prevailed.
(4) In any suit brought under the provisions of subsection (g)(1)
(C) or (D) of this section in which the court determines that the
agency acted in a manner which was intentional or willful, the
United States shall be liable to the individual in an amount equal
to the sum of-
(A) actual damages sustained by the individual as a result of
the refusal or failure, but in no case shall a person entitled to
recovery receive less than the sum of $1,000; and
(B) the costs of the action together with reasonable attorney
fees as determined by the court.
(5) an action to enforce any liability created under this section
may be brought in the district court of the United States in the dis-
trict in which the complainant resides, or has his principal place of
business, or in which the agency records are situated, or in the Dis-
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trict of Columbia, without regard to the amount in controversy,
within two years from the date on which the cause of action arises,
except that where an agency has materially and willfully misrepre-
sented any information required under this section to be disclosed
to an individual and the information so misrepresented is material
to establishment of the liability of the agency to the individual
under this section, the action may be brought at any time within
two years after discovery by the individual of the misrepresenta-
tion. Nothing in this section shall be construed to authorize any
civil action by reason of any injury sustained as the result of a dis-
closure of a record prior to September 27, 1975.
(h) RIGHTS OF LEGAL GUARDIANS.-For the purposes of this sec-
tion, the parent of any minor, or the legal guardian of any individ-
ual who has been declared to be incompetent due to physical or
mental incapacity or age by a court of competent jurisdiction, may
act on behalf of the individual.
(i)(1) CRIMINAL PENALTIES.-Any officer or employee of an
agency, who by virtue of his employment or official position, has
possession of, or access to, agency records which contain individual-
ly identifiable information the disclosure of which is prohibited by
this section or by rules or regulations established thereunder, and
who knowing that disclosure of the specific material is so prohibit-
ed, willfully discloses the material in any manner to any person or
agency not entitled to receive it, shall be guilty of a misdemeanor
and fined not more than $5,000.
(2) Any officer or employee of any agency who willfully main-
tains a system of records without meeting the notice requirements
of subsection (e)(4) of this section shall be guilty of a misdemeanor
and fined not more than $5,000.
(3) Any person who knowingly and willfully requests or obtains
any record concerning an individual from an agency under false
pretenses shall be guilty of a misdemeanor and fined not, more
than $5,000.
(j) GENERAL EXEMPTIONS.-The head of any agency may promul-
gate rules, in accordance with the requirements (including general
notice) of sections 553 (b)(1), (2), and (3), (c), and (e) of this title, to
exempt any system of records within the agency from any part of
this section except subsections (b), (c)(1) and (2), (e)(4)(A) through
(F), (e)(6), (7), (9), (10), and (11), and (i) if the system of records is-
(1) maintained by the Central Intelligence Agency; or
(2) maintained by an agency or component thereof which
performs as its principal function any activity pertaining to
the enforcement of criminal laws, including police efforts to
prevent, control, or reduce crime or to apprehend criminals,
and the activities of prosecutors, courts, correctional, proba-
tion, pardon, or parole authorities, and which consists of (A) in-
formation compiled for the purpose of identifying individual
criminal offenders and alleged offenders and consisting only of
identifying data and notations of arrests, the nature and dispo-
sition of criminal charges, sentencing, confinement, release,
and parole and probation status; (B) information compiled for
the purpose of a criminal investigation, including reports of in-
formants and investigators, and associated with an identifiable
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individual; or (C) reports identifiable to an individual compiled
at any stage of the process of enforcement of the criminal laws
from arrest or indictment through release from supervision.
At the time rules are adopted under this subsection, the agency
shall include in the statement required under section 553(c) of this
title, the reasons why the system of records is to be exempted from
a provision of this section.
(k) SPECIFIC EXEMPTIONS.-The head of any agency may promul-
gate rules, in accordance with the requirements (including general
notice) of sections 553(b) (1), (2), and (3), (c), and (e) of this title, to
exempt any systems of records within the agency from subsections
(c)(3), (d), (e)(1), (e)(4) (G), (H), and (I) and (f) of this section if the
system of records is-
(1) subject to the provisions of section 552(b)(1) of this title;
(2) investigatory material compiled for law enforcement pur-
poses, other than material within the scope of subsection (j)(2)
of this section: Provided, however, That if any individual' is
denied any right, privilege, or benefit that he would otherwise
be entitled by Federal law, or for which he would otherwise be
eligible, as a result of the maintenance of such material, such
material shall be provided to such individual, except to the
extent that the disclosure of such material would reveal the
identity of a source who furnished information to the Govern-
ment under an express promise that the identity of the source
would be held in confidence, or, prior to the effective date of
this section [September 27, 1975], under an implied promise
that the identity of the source would be held in confidence;
(3) maintained in connection with providing protective serv-
ices to the President of the United States or other individuals
pursuant to section 3056 of title 18;
(4) required by statute to be maintained and used solely as
statistical records;
(5) investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Federal
civilian employment, military service, Federal contracts, or
access to classified information, but only to the extent that the
disclosure of such material would reveal the identity of a
source who furnished information to the Government under an
express promise that the identity of the source would be held
in confidence, or, prior to the effective date of this section
[September 27, 19751. under an implied promise that the
identity of the source would be held in confidence;
(6) testing or examination material used solely to determine
individual qualifications for appointment or promotion in the
Federal service the disclosure of which would compromise the
objectivity or fairness of the testing 'or examination process; or
(7) evaluation material used to determine potential for pro-
motion in the armed services, but only to the extent that the
disclosure of such material would reveal the identity of a
source who furnished information to the Government under an.
express promise that the identity of the source -would be held
in confidence, or, prior to the effective date of this section
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[September 27, 1975], under an implied promise that the
identity of the source would be held in confidence.
At the time rules are adopted under this subsection, the agency
shall include in the statement required under section 553(c) of this
title the reasons why the system of records is to be exempted from
a provision of this section.
(1)(1) ARCHIVAL RECORDS.-Each agency record which is accepted
by the Archivist of the United States for storage, processing, and
servicing in accordance with section 3103 of title 44 shall, for the
purposes of this section, be considered to be maintained by the
agency which deposited the record and shall be subject to the provi-
sions of this section. The Archivist of the United States shall not
disclose the record except to the agency which maintains the
record, or under rules established by that agency which are not in-
consistent with the provisions of this section.
(2) Each agency record pertaining to an identifiable individual
which was transferred to the National Archives of the United
States as a record which has sufficient historical or other value to
warrant its continued preservation by the United States Govern-
ment, prior to the effective date of this section [September 27,
1975], shall, for the purposes of this section, be considered to be
maintained by the National Archives and shall not be subject to
the provisions of this section, except that a statement generally de-
scribing such records (modeled after the requirements relating to
records subject to subsections (e)(4) (A) through (G) of this section)
shall be published in the Federal Register.
(3) Each agency record pertaining to an identifiable individual
which is transferred to the National Archives of the United States
as a record which has sufficient historical or other value to war-
rant its continued preservation by the United States Government,
on or after the effective date of this section [September 27, 1975],
shall, for the purposes of this section, be considered to be main-
tained by the National Archives and shall be exempt from the re-
quirements of this section except subsections (e)(4) (A) through (G)
and (e)(9) of this section.
(m)(1) GOVERNMENT CONTRACTORS.-When an agency provides by
a contract for the operation by or on behalf of the agency of a
system of records to accomplish an agency function, the agency
shall, consistent with its authority, cause the requirements of this
section to be applied to such system. For purposes of subsection (i)
of this section any such contractor and any employee of such con-
tractor, if such contract is agreed to on or after the effective date of
this section, shall be considered to be an , employee of an agency.
(2) A consumer reporting agency to which a record is disclosed
under section 3(d) of the Federal Claims Collection Act of 1966 (31
U.S.C. 952(d)) shall not be considered a contractor for the purposes
of this section.
(n) MAILING LISTS.-An individual's name and address may not
be sold or rented by an agency unless such action is specifically au-
thorized by law. This provision shall not be construed to require
the withholding of names and addresses otherwise permitted to be
made public.
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(o) REPORT ON NEW SYSTEMS.-Each agency shall provide ade-
quate advance notice to Congress and the Office of Management
and Budget of any proposal to establish or alter any system of
records in order to permit an evaluation of the probable or poten-
tial effect of such proposal on the privacy and other personal or
property rights of individuals or the disclosure of information relat-
ing to such individuals, and its effect on the preservation of the
constitutional principles of federalism and separation of powers.
(p) ANNUAL REPORT.-The President shall submit to the Speaker
of the House and the President of the Senate, by June 30 of each
calendar year, a consolidated report, separately listing for each
Federal agency the number of records contained in any system of
records which were exempted from the application of this section
under the provisions of subsections (j) and (k) of this section during
the preceding calendar year, and the reasons for the exemptions,
and such other information as indicates efforts to administer fully
this section.
(q)(1) EFFECT OF OTHER LAWS.-NO agency shall rely on any ex-
emption contained in section 552 of this title to withhold from an
individual any record which is otherwise accessible to such individ-
ual under the provisions of this section.
(2) No agency shall rely on any exemption in this section to with-
hold from an individual any record which is otherwise accessible to
such individual under the provisions of section 552 of this title.
SELECTED SECTIONS OF THE RIGHT TO FINANCIAL PRI-
VACY ACT OF 1978 (EXEMPTION FOR INTELLIGENCE
AGENCIES; REPORTING REQUIREMENT)
SEC. 1101. E12 U.S.C. 3401] For the purpose of this title, the
term-
(1) "financial institution" means any office of a bank, sav-
ings bank, card issuer as defined in section 103 of the Consum-
ers Credit Protection Act (15 U.S.C. 1602(n)), industrial loan
company, trust company, savings and loan, building and loan,
or homestead association (including cooperative banks), credit
union, or consumer finance institution, located in any State or
territory of the United States, the District of Columbia, Puerto
Rico, Guam, American Samoa, or the Virgin Islands;
(2) "financial record" means an original of, a copy of, or in-
formation known to have been derived from, any record held
by a financial institution pertaining to a customer's relation-
ship with the financial institution;
(3) "Government authority" means any agency or depart-
ment of the United States, or any officer, employee, or agent
thereof;
(4) "person" means an individual or a partnership of five or
fewer individuals;
(5) "customer" means any person or authorized representa-
tive of that person who utilized or is utilizing any service of a
financial institution, or for whom a financial institution is
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acting or has acted as a fiduciary, in relation to an account
maintained in the p, rson's name;
(6) "supervi 'ory gency" means,- with respect to any particu-
lar financial institution any of the following which has statuto-
ry authority to examine the financial condition or business op-
erations of that institution-
(A) the Federal Deposit Insurance Corporation;
(B) the Federal Savings and Loan Insurance Corporation;
(C) the Federal Home Loan Bank Board;
(D) the National Credit Union Administration;
(E) the, Board of Governors of the Federal Reserve
System;
(F) the Comptroller of the Currency;
(G) t e Securities and Exchange Commission;
(H) t, the Secretary: of the Treasury, with respect to the
Bank ecrecy Act and the Currency and Foreign Transac-
tions-Reporting Act (Public Law 91-508, title I and II); or
(I) aiy State banking or securities department or
agency; and
(7) "law enforcement inquiry" means a lawful investigation
or official proceeding inquiring into a violation of, or failure. to
comply with, any criminal or civil statute or -any. regulation,
rule, or order issued pursuant thereto.
SPECIAL PROCEDURES
SEC. 1114. [12 U.S.C. 3414] (a)(1) Nothing in this title (except
sections 1115, 1117, 1118, and 1121) shall apply to the production
and disclosure of financial records pursuant to requests from-
(A) a Government authority authorized to conduct foreign
counter- or foreign positive-intelligence activities for purposes
of conducting such activities; or
(B) the Secret Service for the purpose of conducting its pro-
tective functions (18 U.S.C. 3056; 3 U.S.C. 202, Public Law 90-
331, as amended).
(2) In the instances specified in paragraph (1), the Government
authority shall submit to the financial institution the certificate re-
quired in section 1103(b) signed by a supervisory official of a rank
designated by the head of the Government authority.
(3) No financial institution, or officer, employee, or agent of such
institution, shall disclose to any person that a Government author-
ity described in paragraph (1) has sought or obtained access to a
customer's financial records.
(4) The Government authority specified in paragraph (1) . shall
compile an annual tabulation of the occasions in which this section
was used.
(5)(A) Financial institutions, and officers, employees, and agents
thereof, shall comply with w request for a customer's or entity's fi-
nancial records made pursuant to this subsection by the Federal
Bureau of Investigation when the Director of the Federal Bureau -of
Investigation (or the Director's designee) certifies in writing to the
financial institution that such records are sought for foreign coun-
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terintelligence purposes and that there are specific and articulable
facts giving reason to believe that the customer or entity whose
records are sought is a foreign power or an agent of a foreign
power as defined in section 101 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801).
(B) The Federal Bureau of Investigation may disseminate infor-
mation obtained pursuant to this paragraph only as provided in
guidelines approved by the Attorney General for foreign intelli-
gence collection and foreign counterintelligence investigations con-
ducted by the Federal Bureau of Investigation, and, with respect to
dissemination to an agency of the United States, only if such infor-
mation is clearly relevant to the authorized responsibilities of such
agency.
(C) On a semiannual basis the Attorney General shall fully
inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate concerning all requests made pursuant to this para-
graph.
(D) No financial institution, or officer, employee, or agent of such
institution, shall disclose to any person that the Federal Bureau of
Investigation has sought or obtained access to a customer's or enti-
ty's financial records under this paragraph.
(b)(1) Nothing in this title shall prohibit a Government authority
from obtaining financial records from a financial institution if the
Government authority determines that delay in obtaining access to
such records would create imminent danger of-
(A) physical injury to any person;
(B) serious property damage; or
(C) flight to avoid prosecution.
(2) In the instances specified in paragraph (1), the Government
shall submit to the financial institution the certificate required in
section 1103(b) signed by a supervisory official of a rank designated
by the head of the Government authority.
(3) Within five days of obtaining access to financial records under
this subsection, the Government authority shall file with the ap-
propriate court a signed, sworn statement of a supervisory official
of a rank designated by the head of the Government authority set-
ting forth the grounds for the emergency access. The Government
authority shall thereafter comply with the notice provisions of sec-
tion 1109(c).
(4) The Government authority specified in paragraph (1) shall
compile an annual tabulation of the occasions in which this section
was used.
SEC. 1115. [12 U.S.C. 3415] (a) Except for records obtained pur-
suant to section 1103(d) or 1113 (a) through (h), or as otherwise pro-
vided by law, a Government authority shall pay to the financial in-
stitution assembling or providing financial records pertaining to a
customer and in accordance with procedures established by this
title a fee for reimbursement for such costs as are reasonably nec-
essary and which have been directly incurred in searching for, re-
producing, -or transporting books, papers, records, or other data re-
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216 SELECTED LAWS OF INTEREST
quired or requested to be produced. The Board of Governors of the
Federal Reserve System shall, by regulation, establish the rates
and conditions under which such payment may be made.
(b) This section shall take effect on October 1, 1979.
SEC. 1116. [12 U.S.C. 3416] An action to enforce any provision
of this title may be brought in any appropriate United States dis-
trict court without regard to the amount in controversy within
three years from the date on which the violation occurs or the date
of discovery of such violation, whichever is later.
SEC. 1117. [12 U.S.C. 3417] (a) Any agency or department of the
United States or financial institution obtaining or disclosing finan-
cial records or information, contained therein in violation of this
title is liable to the customer to whom such records relate in an
amount equal to the sum of-
(1) $100 without regard to the volume of records involved;
(2) any actual damages sustained by the customer as a result
of the disclosure;
(3) such punitive damages as the court may allow, where the
violation is found to have been willful or intentional; and
(4) in the case of any successful action to enforce liability
under this section, the costs of the action together with reason-
able attorney's fees as determined by the court.
(b) Whenever the court determines that any agency or depart-
ment of the United States has violated any provision of this title
and the court finds that the circumstances surrounding the viola-
tion raise questions of whether an officer or employee of the de-
partment or agency acted willfully or intentionally with respect to
the violation, the Civil Service Commission shall promptly initiate
a proceeding to determine whether disciplinary action is warranted
against the agent or employee who was primarily responsible for
the violation. The Commission after investigation and consider-
ation of the evidence submitted, shall submit its findings and rec-
ommendations to the administrative authority of the agency con-
cerned and shall send copies of the findings and recommendations
to the officer or employee or his representative. The administrative
authority shall take the corrective action that the Commission rec-
ommends.
(c) Any financial institution or agent or employee thereof making
a disclosure of financial records pursuant to this title in good-faith
reliance upon a certificate by any Government authority shall not
be liable to the customer for such disclosure.
(d) The remedies and sanctions described in this title shall be the
only authorized judicial remedies and sanctions for violations of
this title.
SEC. 1118. [12 U.S.C. 3418] In addition to any other remedy con-
tained in this title, injunctive relief shall be available to require
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that the procedures of this title are complied with. In the event of
any successful action, costs together with reasonable attorney's fees
as determined by the court may be recovered.
SEC. 1119. [12 U.S.C. 3419] If any individual files a motion or
application under this title which has the effect of delaying the
access of a Government authority to financial records pertaining to
such individual, any applicable statute of limitations shall be
deemed to be tolled for the period extending from the date such
motion or application was filed until the date upon which the
motion or application is decided.
REPORTING REQUIREMENTS
SEC. 1121. [12 U.S.C. 3421] (a) In April of each year, the Direc-
tor of the Administrative Office of the United States Courts shall
send to the appropriate committees of Congress a report concerning
the number of applications for delays of notice made pursuant to
section 1109 and the number of customer challenges made pursu-
ant to section 1110 during the preceding calendar year. Such report
shall include: the identity of the Government authority requesting
a delay of notice; the number of notice delays sought and the
number granted under each subparagraph of section 1109(a)(3); the
number of notice delay extensions sought and the number granted;
and the number of customer challenges made and the number that
are successful.
(b) In April of each year, each Government authority that re-
quests access to financial records of any customer from a financial
institution pursuant to section 1104, 1105, 1106, 1107, 1108, 1109, or
1114 shall send to the appropriate committees of Congress a report
describing requests made during the preceding calendar year. Such
report shall include the number of requests for records made pur-
suant to each section of this title listed in the preceding sentence
and any other related information deemed relevant or useful by
the Government authority.
SECTION 13(b) OF THE SECURITIES EXCHANGE ACT OF
1934 (15 U.S.C. 78m(b)) (REPORTING REQUIREMENTS AND
NATIONAL SECURITY EXEMPTION)
SEC. 13. (a) * * *
(b)1(1) The Commission may prescribe, in regard to reports made
pursuant to this title, the form or forms in which the required in-
formation shall be set forth, the items or details to be shown in the
balance sheet and the earning statement, and the methods to be
followed in the preparation of reports, in the appraisal or valuation
of assets and liabilities, in the determination of depreciation and
depletion, in the differentiation of recurring and nonrecurring
'Paragraphs (2) and (3) were added by section 102 of the Foreign Corrupt Practices Act of 1977
(Public Law 95-213; 91 Stat. 1494).
70-116 0 - 87 - 8
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income, in the differentiation of investment and operating income,
and in the preparation, where the Commission deems it necessary
or desirable, of separate and/or consolidated balance sheets or
income accounts of any person directly or indirectly controlling or
controlled by the issuer, or any person under direct or indirect
common control with the issuer; but in the case of the reports of
any person whose methods of accounting are prescribed under the
provisions of any law of the United States, or any-rule or regula-
tion thereunder, the rules and regulations of the Commission with
respect to reports shall not be inconsistent with the requirements
imposed by such law or rule or regulation in respect of the same
subject matter (except that such rules and regulations of the Com-
mission may be inconsistent with such requirements to the extent
that the Commission determines that the public interest or the pro-
tection of investors so requires).
(2) Every issuer which has a class of securities registered pursu-
ant to section 12 of this title and every issue which is required to
file reports pursuant to section 15(d) of this title shall-
(A) make and keep books, records, and accounts, which, in
reasonable detail, accurately and fairly reflect the transactions
and dispositions of the assets of the issuer; and
(B) devise and maintain a system of internal accounting con-
trols sufficient to provide reasonable assurances that-
(i) transactions are executed in accordance with manage-
ment's general or specific authorization;
(ii) transactions are recorded as necessary (I) to permit
preparation of financial statements in conformity with
generally accepted accounting principles or any other cri-
teria applicable to such statements, and (II) to maintain
accountability for assets;
(iii) access to assets is permitted only in accordance with
management's general or specific authorization; and
(iv) the recorded accountability for assets is compared
with the existing assets at reasonable intervals and appro-
priate action is taken with respect-to any differences.
(3)(A) With respect to matters concerning the national security of
the United States, no duty or liability under paragraph (2) of this
subsection shall be imposed upon any person acting in cooperation
with the head of any Federal department or agency responsible for
such matters if such act in cooperation with such head of a depart-
ment or agency was done upon the specific, written directive of the
head of such department or agency pursuant to Presidential au-
thority to issue such directives. Each directive issued under this
paragraph shall set forth the specific facts and circumstances with
respect to which the provisions of this paragraph are to be invoked.
Each such directive shall, unless renewed in writing, expire one
year after the date of issuance.
(B) Each head of a Federal department or agency of the United
States who issues a directive pursuant to this paragraph shall
maintain a complete file of all such directives and shall, on October
1 of each year, transmit a summary of matters covered by such di-
rectives in force at any time during the previous year to the Per-
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manent Select Committee on Intelligence of the House of Repre-
sentatives and the Select Committee on Intelligence of the Senate.
[Subsections (c) through (h) omitted.]
SECTION 2709 OF TITLE 18, UNITED STATES CODE
? 2709. Counterintelligence access to telephone toll and transac-
tional records
(a) DUTY TO PROVIDE.-A wire or electronic communication serv-
ice provider shall comply with a request for subscriber information
and toll billing records information, or electronic communication
transactional records in its custody or possession made by the Di-
rector of the Federal Bureau of Investigation under subsection (b)
of this section.
(b) REQUIRED CERTIFICATION.-The Director of the Federal
Bureau of Investigation (or an individual within the Federal
Bureau of Investigation designated for this purpose by the Direc-
tor) may request any such information and records if the Director
(or the Director's designee) certifies in writing to the wire or elec-
tronic communication service provider to which the request is
made that-
(1) the information sought is relevant to an authorized for-
eign counterintelligence investigation; and
(2) there are specific and articulable facts giving reason to
believe that the person or entity to whom the information
sought pertains is a foreign power or an agent of a foreign
power as defined in section 101 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1801).
(c) PROHIBITION OF CERTAIN DISCLOSURE.-NO wire or electronic
communication service provider, or officer, employee, or agent
thereof, shall disclose to any person that the Federal Bureau of In-
vestigation has sought or obtained access to information or records
under this section.
(d) DISSEMINATION BY BUREAU.-The Federal Bureau of Investiga-
tion may disseminate information and records obtained under this
section only as provided in guidelines approved by the Attorney
General for foreign intelligence collection and foreign counterintel-
ligence investigations conducted by the Federal Bureau of Investi-
gation, and, with respect to dissemination to an agency of the
United States, only if such information is clearly relevant to the
authorized responsibilities of such agency.
(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BODIES BE IN-
FORMED.-On a semiannual basis the Director of the Federal
Bureau of Investigation shall fully inform the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate concerning all re-
quests made under subsection (b) of this section.
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CHAPTER 37-ESPIONAGE AND CENSORSHIP
Sec.
792. Harboring or concealing persons.
793. Gathering, transmitting or losing defense information.
794. Gathering or delivering defense information to aid foreign govern-
ment.
795. Photographing and sketching defense installations.
796. Use of aircraft for photographing defense installations.
797. Publication and sale of photographs of defense installations.
798. Disclosure of classified information.
798. 'Temporary extension of section 794.
799. Violation of regulations of National Aeronautics and Space Adminis-'
tration. -
? 792. Harboring or concealing persons
Whoever harbors or conceals any person who he knows, or has
reasonble grounds to believe or suspect, has committed, or is about
to commit, an offense under sections 793 or 794 of this title, shall
be fined not more than $10,000 or imprisoned not more than ten
years, or both.
? 793. Gathering, transmitting or losing defense information
(a) Whoever, for the purpose of obtaining information respecting
the national defense with intent or reason to believe that the infor-
mation is to be used to the injury of the United States, or to the
advantage of any foreign nation, goes upon, enters, flies over, or
otherwise obtains information concerning any vessel, aircraft, work
of defense, navy yard, naval station, submarine base, fueling sta-
tion, fort, battery, torpedo station, dockyard, canal, railroad, arse-
nal, camp, factory, mine, telegraph, telephone, wireless, or signal
station, building, office, research laboratory or station or other
place connected with the national defense owned or constructed, or
in progress of construction by the United States or under the con-
trol of the United States, or of any of its officers, departments, or
agencies, or within the exclusive jurisdiction of the United States,
or any place in which any vessel, aircraft, arms, munitions, or
other materials or instruments for use in time of war are being
made, prepared, repaired, stored, or are the subject of research or
development, under any contract or agreement with the United
States, or any department or agency thereof, or with any person on
behalf of the United States, or otherwise on behalf of the United
States, or any prohibited place so designated by the President by
proclamation in time of war or in case of national emergency in
which anything for the use of the Army, Navy, or Air Force is
being prepared or constructed or stored, information as to which
prohibited place the President has determined would be prejudicial
to the national defense; or
(b) Whoever, for the purpose aforesaid, and with like intent or
reason to believe, copies, takes, makes, or obtains, or attempts to
copy, take, make, or obtain, any sketch, photograph, photographic
negative, blueprint, plan, map, model, instrument, appliance, docu-
ment, writing, or note of anything connected with the national de-
fense; or
(c) Whoever, for the purpose aforesaid, receives or obtains or
agrees or attempts to receive or obtain from any person, or from
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any source whatever, any document, writing, code book, signal
book, sketch, photograph, photographic negative, blueprint, plan,
map, model, instrument, appliance, or note, of anything connected
with the national defense, knowing or having reason to believe, at
the time he receives or obtains, or agrees to attempts to receive or
obtain it, that it has been or will be obtained, taken, made, or dis-
posed of by any person contrary to the provisions of this chapter;
(d) Whoever, lawfully having possession of, access to, control
over, or being entrusted with any document, writing, code book,
signal book, sketch, photograph, photographic negative, blueprint,
plan, map, model, instrument, appliance, or note relating to the na-
tional defense, or information relating to the national defense
which information the possessor has reason to believe could be
used to the injury of the United States or to the advantage of any
foreign nation, willfully communicates, delivers, transmits or
causes to be communicated, delivered, or transmitted or attempts
to communicate, deliver, transmit or cause to be communicated, de-
livered or transmitted the same to any person not entitled to re-
ceive it, or willfully retains the same and fails to deliver it on
demand to the officer or employee of the United States entitled to
receive it; or
(e) Whoever having unauthorized possession of, access to, or con-
trol over any document, writing, code book, signal book, sketch,
photograph, photographic negative, blueprint, plan, map, model, in-
strument, appliance, or note relating to the national defense, or in-
formation relating to the national defense which information the
possessor has reason to believe could be used to the injury of the
United States or to the advantage of any foreign nation, willfully
communicates, delivers, transmits, or causes to be communicated,
delivered, or transmitted, or attempts to communicate, deliver,
transmit or cause to be communicated, delivered, or transmitted
the same to any person not entitled to receive it, or willfully re-
tains the same and fails to deliver it to the officer or employee of
the United States entitled to receive it; or
(f) Whoever, being entrusted with or having lawful possession or
control of any document, writing, code book, signal book, sketch,
photograph, photographic negative, blueprint, plan, map, model, in-
strument, appliance, note, or information, relating to the national
defense, (1) through gross negligence permits the same to be re-
moved from its proper place of custody or delivered to anyone in
violation of his trust, or to be lost, stolen, abstracted, or destroyed,
or (2) having knowledge that the same has been illegally removed
from its proper place of custody or delivered to anyone in violation
of its trust, or lost, or stolen, abstracted, or destroyed, and fails to
make prompt report of such loss, theft, abstraction, or destruction
to his superior officer-
Shall be fined not more than $10,000 or imprisoned not more
than ten years, or both.
(g) If two or more persons conspire to violate any of the foregoing
provisions of this section, and one or more of such persons do any
act to effect the object of the conspiracy, each of the parties to such
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conspiracy shall be subject to the punishment provided * for the of-
fense which is the object of such conspiracy.
(h)(1) Any person convicted of a violation of this section shall for-
feit to the United States, irrespective of any provision of State law,
any property constituting, or derived from, any proceeds the person
obtained, directly or indirectly, from any foreign government, or
any faction or party or military or naval force within a foreign
country, whether recognized or unrecognized by the United States,
as the result of such violation.
(2) The court, in imposing sentence on a defendant for a convic-
tion of a violation of this section, shall order that the defendant
forfeit to the United States all property described in paragraph (1)
of this subsection.
(3) The provisions of subsections (b), (c), and (e) through (o) of sec-
tion 413 of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 853 (b), (c), and (e)-(o)) shall apply to-
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to
such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there shall be de-
posited in the Crime Victims Fund in the Treasury all amounts
from the forfeiture of property under this subsection remaining
after the payment of expenses for forfeiture and sale authorized by
law.
? 794. Gathering or delivering defense information to aid foreign
government
(a) Whoever, with intent or reason to believe that it is to be used
to the injury of the United States or to the advantage of a foreign
nation, communicates, delivers, or transmits, or attempts to com-
municate, deliver, or transmit, to any foreign government, or to
any faction or party or military or naval force within a foreign
country, whether recognized or unrecognized by the United States,
or to any representative, officer, agent, employee, subject, or citizen
thereof, either directly or indirectly, any document, writing, code
book, signal book, sketch, photograph, photographic negative, blue-
print, plan, map, model, note, instrument, appliance, or informa-
tion relating to the national defense, shall be punished by death or
by imprisonment for any term' of years or for' life.
(b) Whoever, in time of war, with intent that the same shall be
communicated to the enemy, collects, records, publishes, or commu-
nicates, or attempts to elicit any information with respect to the
movement, numbers, description, condition, or disposition of any of
the Armed Forces, ships, aircraft, or war materials of the United
States, or with respect to the plans or conduct, or supposed plans
or conduct of any naval or military operations, or with respect to
any works or measures undertaken for or connected with, or in-
tended for the fortification or defense of any place, or any other in-
formation relating to the public defense, which might be useful to
the enemy, shall be punished by death or by imprisonment for any
term of years or for life.
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(c) If two or more persons conspire to violate this section, and one
or more of such persons do any act to effect the object of the con-
spiracy, each of the parties to such conspiracy shall be subject to
the punishment provided for the offense which is the object of such
conspiracy.
(d)(1) Any person convicted of a violation of this section shall for-
feit to the United States irrespective of any provision of State
law-
(A) any property constituting, or derived from, any proceeds
the person obtained, directly or indirectly, as the result of such
violation, and
(B) any of the person's property used, or intended to be used,
in any manner or part, to commit, or to facilitate the commis-
sion of, such violation.
(2) The court, in imposing sentence on a defendant for a convic-
tion of a violation of this section, shall order that the defendant
forfeit to the United States all property described in paragraph (1)
of this subsection.
(3) The provisions of subsections (b), (c) and (e) through (o) of sec-
tion 413 of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 853 (b), (c), and (e)-(o)) shall apply to-
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to
such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there shall be de-
posited in the Crime Victims Fund in the Treasury all amounts
from the forfeiture of property under this subsection remaining
after the payment of expenses for forfeiture and sale authorized by
law.
? 795. Photographing and sketching defense installations
(a) Whenever, in the interests of national defense, the President
defines certain vital military and naval installations or equipment
as requiring protection against the general dissemination of infor-
mation relative thereto, it shall be unlawful to make any photo-
graph, sketch, picture, drawing, map, or graphical representation
of such vital military and naval installations or equipment without
first obtaining permission of the commanding officer of the mili-
tary or naval post, camp, or station, or naval vessels, military and
naval aircraft, and any separate military or naval command con-
cerned, or higher authority, and promptly submitting the product
obtained to such commanding officer or higher authority for cen-
sorship or such other action as he may deem necessary.
(b) Whoever violates this section shall be fined not more than
$1,000 or imprisoned not more than one year, or both.
? 796. Use of aircraft for photographing defense installations
Whoever uses or permits the use of an aircraft or any contriv-
ance used, or designed for navigation or flight in the air, for the
purpose of making a photograph, sketch, picture, drawing, map, or
graphical representation of vital military or naval installations or
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I _-L
equipment, in violation of section 795 of this title, shall be fined
not more than $1,000 or imprisoned not more than one year, or
both.
? 797. Publication and sale of photographs of defense installations
On and after thirty days from the date upon which the President
defines any vital military or naval installation or equipment as
being within the category contemplated under section 795 of this
title, whoever reproduces, publishes, sells, or gives away any photo-
graph, sketch, picture, drawing, map, or graphical representation
of the vital military or naval installations or equipment so defined;
without first obtaining permission of the commanding officer of the
military or naval post, camp, or station concerned, or higher au-
thority, unless such photograph, sketch, picture, drawing, map, or
graphical representation has clearly indicated thereon that it has
been censored by the proper military or naval authority, shall be
fined not more than $1,000 or imprisoned not more than one year,
or both.
? 798.1 Disclosure of classified information
. (a) Whoever knowingly and willfully communicates, furnishes,
transmits, or otherwise makes available to an unauthorized person,
or publishes, or uses in any manner prejudicial to the safety or in-
terest of the United States or for the benefit of any foreign govern-
ment to the detriment of the United States any classified informa-
tion-
(1) concerning the nature, preparation, or use of any code,
cipher, or cryptographic system of the United States or any
foreign government; or
(2) concerning the design, construction, use, maintenance, or
repair of any device, apparatus, or appliance used or prepared
or planned for use by the United States or any foreign govern-
ment for cryptographic or communication intelligence pur-
poses; or
(3) concerning the communication intelligence activities of
the United States or any foreign government; or
(4) obtained by the process of communication intelligence
from the communications of any foreign government, knowing
the same to have been obtained by such processes-
Shall be fined not more than $10,000 or imprisoned not more than
ten years, or both.
(b) As used in subsection (a) of this section-
The term "classified information" means information which, at
the time of a violation of this section, is, for reasons of national se-
curity, specifically designated by a United States Government
Agency for limited or restricted dissemination or distribution;
The terms "code," "cipher," and "cryptographic system" include
in their meanings, in addition to their usual meanings, any method
of secret writing and any mechanical or electrical device or method
used for the purpose of disguising or concealing the contents, sig-
nificance, or meanings of communications;
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The term "foreign. government" includes in its meaning any
person or persons acting or purporting to act for or on behalf of
any faction, party, department, agency, bureau, or military force of
or within a foreign country, or for or on behalf of any government
or any person or persons purporting to act as a government within
a foreign country, whether or not such government is recognized by
the United States;
The term "communication intelligence" means all procedures
and methods used in the interception of communications and the
obtaining of information from such communications by other than
the intended recipients;
The term "unauthorized person" means any person who, or
agency which, is not authorized to receive information of the cate-
gories set forth in subsection (a) of this section, by the President, or
by the head of a department or agency of the United States Gov-
ernment which is expressly designated by the President to engage
in communication intelligence activities for the United States.
(c) Nothing in this section shall prohibit the furnishing, upon
lawful demand, of information to any regularly constituted com-
mittee of the Senate or House of Representatives of the United
States of America, or joint committee thereof.
? 798.1 Temporary extension of section 794
The provisions of section 794 of this title, as amended and ex-
tended by section 1(a)(29) of the Emergency Powers Continuation
Act (66 Stat. 333), as further amended by Public Law 12, Eighty-
third Congress, in addition to coming into full force and effect in
time of war shall remain in full force and effect until six months
after the termination of the national emergency proclaimed by the
President on December 16, 1950 (Proc. 2912, 3 C.F.R., 1950 Supp., p.
71), or such earlier date as may be prescribed by concurrent resolu-
tion of the Congress, and acts which would give rise to legal conse-
quences and penalties under section 794 when performed during a
state of war shall give rise to the same legal consequences and pen-
alties when they are performed during the period above provided
for.
? 799. Violation of regulations of National Aeronautics and Space
administration
Whoever willfully shall violate, attempt to violate, or conspire to
violate any regulation or order promulgated by the Administrator
of the National Aeronautics and Space Administration for the pro-
tection or security of any laboratory, station, base or other facility,
or part thereof, or any aircraft, missile, spacecraft, or similar vehi-
cle, or part thereof, or other property or equipment in the custody
of the Administration, or any real or personal property or equip-
ment in the custody of any contractor under any contract with the
Administration or any subcontractor of any such contractor, shall
be fined not more than $5,000, or imprisoned not more than one
year, or both.
' Second section 798 was enacted on June 30, 1953.
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SECTIONS 3 AND 4 OF THE SUBVERSIVE ACTIVITIES
CONTROL ACT OF 1950 (THE "SCARBECK ACT")
AN ACT To protect the United States against certain un-American and subversive
activities by requiring registration of Communist organizations, and for other pur-
poses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Internal Security Act of 1950".
TITLE I-SUBVERSIVE ACTIVITIES CONTROL
SECTION 1. (a) This title may be cited as the "Subversive Activi-
ties Control Act of 1950".
(b) Nothing in this Act shall be construed to authorize, require,
or establish military or civilian censorship or in any way to limit
or infringe upon freedom of the press or of speech as guaranteed by
the Constitution of the United States and no regulation shall be
promulgated hereunder having that effect.
DEFINITIONS
SEC. 3. [50 U.S.C. 782] For the purposes of this title-
(1) The term "person" means an individual or an organization.
(2) The term "organization" means an organization, corporation,
company, partnership, association, trust, foundation, or fund; and
includes a group of persons, whether or not incorporated, perma-
nently or temporarily associated together for joint action on any
subject or subjects.
(3) The term "Communist-action organization" means any orga-
nization in the United States (other than a diplomatic representa-
tive or mission of a foreign government accredited as such by the
Department of State) which (i) is substantially directed, dominated,
or controlled by the foreign government or foreign organization
controlling the world Communist movement referred to in section 2
of this title, and (ii) operates primarily to advance the objectives of
such world Communist movement referred to in section 2 of this
title.
(4) The term "Communist-front organization" means any organi-
zation in the United States (other than a Communist-action organi-
zation as defined in paragraph (3) of this section) which (A) is sub-
stantially directed, dominated, or controlled by a Communist-action
organization, or (B) is substantially directed, dominated, or con-
trolled by one or more members of a Communist-action organiza-
tion, and (C) is primarily operated for the purpose of giving aid and
support to a Communist-action organization, a Communist foreign
government, or the world Communist movement referred to in sec-
tion 2 of this title.
(4A) The term "Communist-infiltrated organization" means any
organization in the United States (other than a Communist-action
organization or a Communist-front organization) which (A) is sub-
stantially directed, dominated, or controlled by an individual or in-
dividuals who are, or who within three years have been actively
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engaged in, giving aid or support to a Communist-action organiza-
tion, a Communist foreign government, or the world Communist
movement referred to in section 2 of this title, and (B) is serving, or
within three years has served, as a means for (i) the giving of aid
.or support to any such organization, government, or movement, or
(ii) the impairment of the military strength of the United States or
its industrial capacity to furnish logistical or other material sup-
port required by its Armed Forces: Provided, however, That any
labor organization which is an affiliate in good standing of a na-
tional federation or other labor organization whose policies and ac-
tivities have been directed to opposing Communist organizations,
any Communist foreign government, or the world Communist
movement, shall be presumed prima facie not to be a "Communist-
infiltrated organization".
(5) The term "Communist organization" means any Communist
action organization, Communist-front organization, or Communist-
infiltrated organization.
(14) The term "world communism" means a revolutionary move-
ment, the purpose of which is to establish eventually a Communist
totalitarian dictatorship in any or all the countries of the world
through the medium of an internationally coordinated Communist
movement.
(15) The term "totalitarian dictatorship" and "totalitarianism"
mean and refer to systems of government not representative in
fact, characterized by (A) the existence of a single political party,
organized on a dictatorial basis, with so close an identity between
such party and its policies and the governmental policies of the
country in which it exists, that the party and the government con-
stitute an indistinguishable unit, and (B) the forcible suppression of
opposition to such party.
(16) The term "doctrine" includes, but is not limited to, policies,
practices, purposes, aims, or procedures.
(17) The giving, loaning, or promising of support or of money or
any other thing of value for any purpose to any organization shall
be conclusively presumed to constitute affiliation therewith; but
nothing in this paragraph shall be construed as an exclusive defini-
tion of affiliation.
SEC. A. [50 U.S.C. 783] (a) It~ shall be unlawful for any person
knowingly to combine, conspire, or agree with any other -person to
perform any act which would substantially contribute to the estab-
lishment within the United States of a totalitarian dictatorship, as
defined in paragraph (15) of section 3 of this title, the direction and
control of which is to be vested in, or exercised by or under the
domination or control of, any foreign government, foreign organiza-
tion, or foreign individual: Provided, however, That this subsection
shall not apply to the proposal of a constitutional amendment.
(b) It shall be unlawful for any officer or employee of the United
States or of any department or agency thereof, or of any corpora-
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tion the stock of which is owned in whole or in major part by the
United States or any department or agency thereof, to communi-
cate in any manner or by any means, to any other person whom
such officer or employee knows or has reason to believe to be an
agent or representative of any foreign government or an officer or
member of any Communist organization as defined in paragraph
(5) of section 3 of this title, any information of a kind which shall
have been classified by the President (or by the head of any such
department, agency, or corporation with the approval of the Presi-
dent) as affecting the security of the United States, knowing or
having reason to know that such information has been so classified,
unless such officer or employees shall have been specifically au-
thorized by the President, or by the head of the department,
agency, or corporation by which this officer or employee is em-
ployed, to make such disclosure of such information.
(c) It shall be unlawful for any agent or representative of any for-
eign government, or any officer or member of any Communist orga-
nization as defined in paragraph (5) of section 3 of this title, know-
ingly to obtain or receive, or attempt to obtain or receive, directly
or indirectly, from any officer or employee of the United States or
of any department or agency thereof or of any corporation the
stock of which is owned in whole or in major part by the United
States or any department or agency thereof, any information of a
kind which shall have been classified by the President (or by the
head of any such department, agency, or corporation with the ap-
proval of the President) as affecting the security of the United
States, unless special authorization for such communication shall
first have been obtained from the head of the department, agency,
or corporation having custody of or control over such information.
(d) Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine of not more than
$10,000, or imprisonment for not more than ten years, or by both
such fine and such imprisonment, and shall, moreover, be thereaf-
ter ineligible to hold any office, or place of honor, profit, or trust
created by the Constitution or laws of the United States.
(e) Any person may be prosecuted, tried, and punished for any
violation of this section at any time within ten years after the com-
mission of such offense, notwithstanding the provisions of any
other statute of limitations: Provided, That if at the time of the
commission of the offense such person is an officer or employee of
the United States or of any department or agency thereof, or of
any corporation the stock of which is owned in whole or in major
part by the United States or any department or agency thereof,
such person may be prosecuted, tried, and punished for any viola-
tion of this section at any time within ten years after such person
has ceased to be employed as such officer or employee.
(f) Neither the holding of office nor membership in any Commu-
nist organization by any person shall constitute per se a violation
of subsection (a) or subsection (c) of this section or of any other
criminal statute.
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SECTION 952 OF TITLE 18, UNITED STATES CODE
? 952. Diplomatic codes and correspondence
Whoever, by virtue of his employment by the United States, ob-
tains from another or has or has had custody of or access to, any
official diplomatic code or any matter prepared in any such code,
and without authorization or competent authority, willfully pub-
lishes or furnishes to another any such code or matter, or any
-matter which was obtained while in the process of transmission be-
tween any foreign government and its diplomatic mission in the
United States, shall be fined not more than $10,000 or imprisoned
not more than ten years, or both.
SECTIONS 1702 AND 1703 OF TITLE 18, UNITED STATES
CODE
? 1702. Obstruction of correspondence
Whoever takes any letter, postal card, or package out of any post
office or any authorized depository for mail matter, or from any
letter or mail carrier, or which has been in any post office or au-
thorized depository, or in the custody of any letter or mail carrier,
before it has been delivered to the person to whom it was directed,
with design to obstruct the correspondence, or to pry into the busi-
ness or secrets of another, or opens, secretes, embezzles, or destroys
the same, shall be fined not more than $2,000 or imprisoned not
more than five years, or both.
? 1703. Delay or destruction of mail or newspapers
(a) Whoever, being a Postal Service officer or employee, unlaw-
fully secretes, destroys, detains, delays, or opens any letter, postal
card, package, bag, or mail entrusted to him or which shall come
into his possession, and which was intended to be conveyed by
mail, or carried or delivered by any carrier or other employee of
the Postal Service, or forwarded through or delivered from any
post office or station thereof established by authority of the Post-
master General or the Postal Service, shall be fined not more than
$500 or imprisoned not more than five years, or both.
(b) Whoever, being a Postal Service officer or employee, improp-
erly detains, delays, or destroys any newspaper, or permits any
other person to detain, delay, or destroy the same, or opens, or per-
mits any other person to open, any mail or package of newspapers
not directed to the office where he is employed; or
Whoever, without authority, opens, or destroys any mail or pack-
age of newspapers not directed to him, shall be fined not more than
$100 or imprisoned not more than one year, or both.
SECTION 3623(d) OF TITLE 39, UNITED STATES CODE
? 3623. Mail classification
(a)
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(d) The Postal Service shall maintain one or more classes of mail
for the transmission of letters sealed against inspection. The rate
for each such class shall be uniform throughout the United States,
its territories, and possessions. One such class shall provide for the
most expeditious handling and transportation afforded mail matter
by the Postal Service. No letter of such a class of domestic origin
shall be opened except under authority of a search warrant author-
ized by law, or by an officer or employee of the Postal Service for
the sole purpose of determining an address at which the letter can
be delivered, or pursuant to the authorization of the addressee.
SECTION 716 OF TITLE 31, UNITED STATES CODE (ACCESS
TO AGENCY RECORDS BY COMPTROLLER GENERAL)
? 716. Availability of information and inspection of records
(a) Each agency shall give the Comptroller General information
the Comptroller General requires about the duties, powers, activi-
ties, organization, and financial transactions of the agency. The
Comptroller General may inspect an agency record to get the infor-
mation. This subsection does not apply to expenditures made under
section 3524 or 3526(e) of this title.
(b)(1) When an agency record is not made available to the Comp-
troller General within a reasonable time, the Comptroller General
may make a written request to the head of the agency. The request
shall state the authority for inspecting the records and the reason
for the inspection. The head of the agency has 20 days after receiv-
ing the request to respond. The response shall describe the record
withheld and the reason the record is being withheld. If the Comp-
troller General is not given an opportunity to inspect the record
within the 20-day period, the Comptroller General may file a
report with the President, the Director of the Office of Manage-
ment and Budget, the Attorney General, the head of the agency,
and Congress.
(2) Through an attorney the Comptroller General designates in
writing, the Comptroller General may bring a civil action in the
district court of the United States for the District of Columbia to
require the head of the agency to produce a record-
(A) after 20 days after a report is filed under paragraph (1) of
this subsection; and
(B) subject to subsection (d) of this section.
.(3) The Attorney General may represent the head of the agency.
The court may punish a failure to obey an order of the court under
this subsection as a contempt of court.
(c)(1) Subject to subsection (d) of this section, the Comptroller
General may subpena a record of a person not in the United States
Government when the record is not made available to the Comp-
troller General to which the Comptroller General has access by law
or by agreement of that person from whom access is sought. A sub-
pena shall identify the record and the authority for the inspection
and may be issued by the Comptroller General. The Comptroller
General may have an individual serve a subpena under this subsec-
tion by delivering a copy to the person named in the subpena or by
mailing a copy of the subpena by certified or registered mail,
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return receipt requested, to the residence or principal place of busi-
ness of the person. Proof of service is shown by a verified return by
the individual serving the subpena that states how the subpena
was served or by the return receipt signed by the person served.
(2) If a person residing, found, or doing business in a judicial dis-
trict refuses to comply with a subpena issued under paragraph (1)
of this subsection, the Comptroller General, through an attorney
the Comptroller General designates in writing, may bring a civil
action in that district court to require the person to produce the
record. The court has jurisdiction of the action and may punish a
failure to obey an order of the court under this subsection as a con-
tempt of court.
(d)(1) The Comptroller General may not bring a civil action for a
record withheld under subsection (b) of this section or issue a sub-
pena under subsection (c) of this section if-
(A) the record related to activities the President designates
as foreign intelligence or counterintelligence activities;
(B) the record is specifically exempted from disclosure to the
Comptroller General by a statute that-
(i) without discretion requires that the record be with-
held from the Comptroller General;
(ii) " establishes particular criteria for withholding the
record from the Comptroller General; or
(iii) refers to particular types of records to be withheld
from the Comptroller General; or
(C) by the 20th day after a report is filed under subsection
(b)(1) of this section, the President or the Director certifies to
the Comptroller General and Congress that a record could be
withheld under section 552(b)(5) or (7) of title 5 and disclosure
reasonably could be expected to impair substantially the oper-
ations of the Government.
(2) The President or the Director may not delegate certification
under paragraph (1)(C) of this subsection: A certification shall in-
clude a complete explanation of the reasons for the certification.
(e)(1) The Comptroller General shall maintain the same level of
confidentiality for a record made available under this section as is
required of the head of the agency from which it is obtained. Offi-
cers and employees of the General Accounting Office are subject to
the same statutory penalties for unauthorized disclosure or use as
officers or employees of the agency.
(2) The Comptroller General shall keep information described in
section 552(b)(6) of title 5 that the Comptroller General obtains in a
way that prevents unwarranted invasions of personal privacy.
(e) This section does not authorize information to be withheld
from Congress.
CHAPTER 17 OF TITLE 35, UNITED STATES CODE
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CHAPTER 17-SECRECY OF CERTAIN INVENTIONS AND FILING
APPLICATIONS IN FOREIGN COUNTRY '
Sec.
181. Secrecy of certain inventions and withholding of patent.
182. Abandonment of invention for unauthorized disclosure.
183. Right of compensation.2
184. Filing of application in foreign country.
185. Patent barred for filing without license.
186. Penalty.
187. Nonapplicability to certain persons.
188. Rules and regulations, delegation of power.
? 181. Secrecy of certain inventions and withholding of patent
Whenever publication or disclosure by the grant of a patent on
an invention in which the Government has a property interest
might, in the opinion of the head of the interested Government
agency, be detrimental to the national security, the Commissioner
upon being so notified shall order that the invention be kept secret
and shall withhold the grant of a patent therefor under the condi-
tions set forth hereinafter.
Whenever the publication or disclosure of an invention by the
granting of a patent, in which the Government does not have a
property interest, might, in the opinion of the Commissioner, be
detrimental to the national security, he shall make the application
for patent in which such invention is disclosed available for inspec-
tion to the Atomic Energy Commission 3, the Secretary of Defense,
and the chief officer of any department or agency of the Govern-
ment designated by the President as a defense agency of the
United States.4
Each individual to whom the application is disclosed shall sign a
dated acknowledgment thereof, which acknowledgement shall be
entered in the file of the application. If, in the opinion of the
Atomic Energy Commission, the Secretary of a Defense Depart-
ment, or the chief officer of another department or agency so desig-
nated, the publication or disclosure of the invention by the grant-
ing of a patent therefor would be detrimental to the national secu-
rity, the Atomic Energy Commission, the Secretary of a Defense
Department, or such other chief officer shall notify the Commis-
sioner and the Commissioner shall order that .the invention be kept
secret and shall withhold the grant of a patent for such period as
the national interest requires, and notify the applicant thereof.
Upon proper showing by the head of the department or agency who
caused the secrecy order to be issued that the examination of the
application might jeopardize the national interest, the Commission-
er shall thereupon maintain the application in a sealed condition
and notify the applicant thereof. The owner of an application
which has been placed under a secrecy order shall have a right to
' Throughout this chapter, the term "Commissioner" means the Commissioner of Patents and
Trademarks in the Department of Commerce.
2 SO in orginal. Does not conform to section catchline. -
3 Functions of the Atomic Energy Commission, which previously were transferred to the Ad-
ministrator of the Energy Research and Development Administration, were transferred to the
Secretary of Energy by section 301 of the Department of Energy Organization Act (Public Law
95-91; 91 Stat. 577).
4 The Department of Justice was designated as a defense agency of the United States for the
purposes of this chapter by Executive Order No. 10457, May 27, 1953.
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appeal from the order of the Secretary of Commerce under rules
prescribed by him.
An invention shall not be ordered kept secret and the grant of a
patent withheld for a period of more than one year. The Commis-
sioner shall renew the order at the end thereof, or at the end of
any renewal period, for additional periods of one year upon notifi-
cation by the head of the department or the chief officer of the
agency who caused the order to be issued that an affirmative deter-
mination has been made that the national interest continues so. to
require. An order in effect, or issued, during a time when the
United States is at war, shall remain in effect for the duration of
hostilities and one year following cessation of hostilities. An order
in effect, or issued, during a national emergency declared by the
President shall remain in effect for the duration of the national
emergency and six months thereafter. The Commissioner may re-
scind any order upon notification by the heads of the departments
and the chief officers of the agencies who caused the order to be
issued that the publication or disclosure of the invention is no
longer deemed detrimental to the national security.
? 182. Abandonment of invention for unauthorized disclosure
The invention disclosed in an application for patent subject to an
order made pursuant to section 181 of this title may be held aban-
doned upon its being established by the Commissioner that in viola-
tion of said order the invention has been published or disclosed or
that an application for a patent therefor has been filed in a foreign
country by the inventor, ,his successors, assigns, or legal representa-
tives, or anyone in privity with him or them, without the . consent
of the Commissioner. The abandonment shall be held to have oc-
curred as of the time of violation. The consent of the Commissioner
shall not be given without the concurrence of the heads of the de-
partments and the chief officers 'of the agencies who caused the
order to be issued. A holding of abandonment shall constitute for-
feiture by the applicant, his successors, assigns, or legal representa-
tives, or anyone in privity with him or them, of all claims against
the United States based upon such invention.
? 183. Right to compensation
An applicant, his successors, assigns or legal representatives,
whose patent is withheld as herein provided, shall have the right,
beginning at the date the applicant is notified that, except for such
order, his application is otherwise in condition for allowance, or
February 1, 1952, whichever is later, and ending six years after a
patent is issued thereon, to apply to the head of any department or
agency who caused the order to be issued for compensation for the
damage caused by the order of secrecy and/or for the use of the
invention by the Government, resulting from his disclosure. The
right to compensation for use shall begin on the date of the first
use of the invention by the Government. The head of the depart-
ment or agency is authorized, upon the presentation of a claim, to
enter into an agreement with the applicant, his successors, assigns,
or legal representatives, in full settlement for the damage and/or
use. This settlement agreement shall be conclusive for all purposes
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notwithstanding any other provision of law to the contrary. If full
settlement of the claim cannot be effected, the head of the depart-
ment or agency may award and pay to such applicant, his succes-
sors, assigns, or legal representatives, a sum not exceeding 75 per
centurn of the sum which the head of the department or agency
considers just compensation for the damage and/or use. A claimant
may bring suit against the United States in the United States
Claims Court or in the District Court of the United States for the
district in which such claimant is a resident for an amount which
when added to the award shall constitute just compensation for the
damage and/or use of the invention by the Government. The owner
of any patent issued upon an application that was subject to a se-
crecy order issued pursuant to section 181 of this title, who did not
apply for compensation as above provided, shall have the right,
after the date of issuance of such patent, to bring suit in the
United States Claims Court for just compensation for the damage
caused by reason of the order of secrecy and/or use by the Govern-
ment of the invention resulting from his disclosure. The right to
compensation for use shall begin on the date of the first use of the
invention by the Government. In a suit under the provisions of this
section the United States may avail itself of all defenses it may
plead in an action under section 1498 of title 28. This section shall
not confer a right of action on anyone or his successors, assigns, or
legal representatives who, while in the full-time employment or
service of the United States, discovered, invented, or developed the
invention on which the claim is based.
? 184. Filing of application in foreign country
Except when authorized by a license obtained from the Commis-
sioner a person shall not file or cause or authorize to be filed in
any foreign country prior to six months after filing in the United
States an application for patent or for the registration of a utility
model, industrial design, or model in respect of an invention made
in this country. A license shall not be granted with respect to an
invention subject to an order issued by the Commissioner pursuant
to section 181 of this title without the concurrence of the head of
the departments and the chief officers of the agencies who caused
the order to be issued. The license may be granted retroactively
where an application has been inadvertently filed abroad and the
application does not disclose an invention within the scope of sec-
tion 181 of this title.
The term "application" when used in this chapter includes appli-
cations and any modifications, amendments, or supplements there-
to, or divisions thereof.
? 185. Patent barred for filing without license
Notwithstanding any other provisions of law any person, and his
successors, assigns, or legal representatives, shall not receive a
United States patent for an invention if that person, or his succes-
sors, assigns, or legal representatives shall, without procuring the
license prescribed in section 184 of this title, have made, or con-
sented to or assisted another's making, application in a foreign
country for a patent or for the registration of a utility model, in-
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dustrial design, or model in respect of the invention. A United
States patent issued to such person, his successors, assigns, or legal
representatives shall be invalid.
? 186. Penalty
Whoever, during the period or periods of time an invention has
been ordered to be kept secret and the grant of a patent thereon
withheld pursuant to section 181 of this title, shall, with knowledge
of such order and without due authorization, willfully publish or
disclose or authorize or cause to be published or disclosed the in-
vention, or material information with respect thereto, or whoever,
in violation of the provisions of section 184 of this title, shall file or
cause or authorize to be filed in any foreign country an application
for patent or for the registration of a utility model, industrial
design, or model in respect of any invention made in the United
States, shall, upon conviction, be fined not more than $10,000 or
imprisoned for not more than two years, or both.
? 187. Nonapplicability to certain persons
The prohibitions and penalties of this chapter shall not apply to
any officer or agent of the United States acting within the scope of
his authority, nor to any person acting upon his written instruc-
tions or permission.
? 188. Rules and regulations, delegation of power 1
The Atomic Energy Commission, the Secretary of a defense de-
partment, the chief officer of any other department or agency of
the Government designated by the President as a defense agency of
the United States, and the Secretary of Commerce, may separately
issue rules and regulations to enable the respective department or
agency to carry out the provisions of this chapter, and may dele-
gate any power conferred by this chapter.
CHAPTERS 12 AND 18 OF THE ATOMIC ENERGY ACT OF 1954
(PROTECTION OF ATOMIC ENERGY INFORMATION)2
CHAPTER 2. DEFINITIONS
SEC. 11. [42 U.S.C. 2014] DEFINITIONS.-The intent of Congress
in the definitions as given in this section should be construed from
the words or phrases used in the definitions. As used in this Act:
a. The term "agency of the United States" means the executive
branch of the United States, or any Government agency, or the leg-
islative branch of the United States, or any agency, committee,
commission, office, or other establishment in the legislative branch,
or the judicial branch of the United States, or any office, agency,
See footnotes 3 and 4, ante.
2 Throughout the Atomic Energy Act of 1954, the term "Commission" means the Atomic
Energy Commission. The functions of the Atomic Energy Commission, which previously were
transferred to the Administrator of the Energy Research and Development Administration,
were transferred to the Secretary of Energy by section 301 of the Department of Energy Organi-
zation Act (Public Law 95-91; 91 Stat. 577).
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committee, commission, or other establishment in the judicial
branch.
* * * * * * *
h. The term "defense information" means any information in
any category determined by any Government agency authorized to
classify information, as being information respecting, relating to, or
affecting the national defense.
* * * * * *
1. The term "Government agency" means any executive depart-
ment, commission, independent establishment, corporation, wholly
or partly owned by the United States of America which is an in-
strumentality of the United States, or any board, bureau, division,
service, office, officer, authority, administration, or other establish-
ment in the executive branch of the Government.
* * * * * * *
s. The term "person" means (1) any individual, corporation, part-
nership, firm, association, trust, estate, public or private institu-
tion, group, Government agency other than the Commission, any
State or any political subdivision of, or any political entity within a
State, any foreign government or nation or any political subdivi-
sion of any such government or nation, or other entity; and (2) any
legal successor, representative, agent, or agency of the foregoing.
* * * * * * *
y. The term "Restricted Data" means all data concerning (1)
design, manufacture, or utilization of atomic weapons; (2) the pro-
duction of special nuclear material; or (3) the use of special nuclear
material in the production of energy, but shall not include data de-
classified or removed from the Restricted Data category pursuant
to section 142.
CHAPTER 12. CONTROL OF INFORMATION
SEC. 141. [42 U.S.C. 2161] POLICY.-It shall be the policy of the
Commission to control the dissemination and declassification of Re-
stricted Data in such a manner as to assure the common defense
and security. Consistent with such policy, the Commission shall be
guided by the following principles:
a. Until effective and enforceable international safeguards
against the use of atomic energy for destructive purposes have
been established by an international arrangement, there shall be
no exchange of Restricted Data with other nations except as au-
thorized by section 144; and
b. The dissemination of scientific and technical information relat-
ing to atomic energy should be permitted and encouraged so as to
provide that free interchange of ideas and criticism which is essen-
tial to scientific and industrial progress and public understanding
and to enlarge the fund of technical information.
SEC. 142. [42 U.S.C. 2162] CLASSIFICATION AND DECLASSIFICATION
OF RESTRICTED DATA.-
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a. The Commission shall from time to time determine the data,
within the definition of Restricted Data, which can be published
without undue risk of the common defense and security and shall
thereupon cause such data to be declassified and removed from the
category of the Restricted Data.
b. The Commission shall maintain a- continuous review of Re-
stricted Data and of any Classification Guides issued for the guid-
ance of those in the atomic energy program with respect to the
areas of Restricted Data which have been declassified in order to
determine which information may be declassified and removed
from the category of Restricted Data without undue risk to the
common defense and security.
c. In the case of Restricted Data which the Commission and the
Department of Defense jointly determine to relate primarily to the
military utilization of atomic weapons, the determination that such
data may be published without constituting an unreasonable risk
to the common defense and security shall be made by the Commis-
sion and the Department of Defense jointly, and if the Commission
and the Department of Defense do not agree, the determination
shall be made by the President.
d. The Commission shall remove from the Restricted Data catego-
ry such data as the Commission and the Department of Defense
jointly determine relates primarily to the military utilization of
atomic weapons and which the Commission and Department of De-
fense jointly determine can be adequately safeguarded as defense
information: Provided, however, That no such data so removed
from the Restricted Data category shall be transmitted or other-
wise made available to any nation or regional defense organization,
while such data remains defense information, except pursuant to
an agreement for cooperation entered into in accordance with sub-
section 144 b.
e. The Commission shall remove from the Restricted Data catego-
ry such information concerning the atomic energy programs of
other nations as the Commission and the Director of Central Intel-
ligence jointly determine to be necessary to carry out the provi-
sions of section 102(d) of the National Security Act of 1947, as
amended, and can be adequately safeguarded as defense informa-
tion.
SEC. 143. [42 U.S.C. 21633 DEPARTMENT OF DEFENSE PARTICIPA-
TION.-The Commission may authorize any of its employees, or em-
ployees of any contractor, prospective contractor, licensee or pro-
spective licensee of the Commission or any other person authorized
access to Restricted Data by the Commission under subsections 145
b. and 145 c. to permit any employee of an agency of the Depart-
ment of Defense or of its contractors, or any member of the Armed
Forces to have access to Restricted Data required in the perform-
ance of his duties and so certified by the head of the appropriate
agency of the Department of Defense or his designee: Provided,
however, That the head of the appropriate agency of the Depart-
ment of Defense or his designee has determined, in accordance
with the established personnel security procedures and standards
of such agency, that permitting the member or employee to have
access to such Restricted Data will not endanger the common de-
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fense and security: And provided further, That the Secretary of De-
fense finds that the established personnel and other security proce-
dures and standards of such agency are adequate and in reasonable
conformity to the standards established by the Commission under
section 145.
SEC. 144. [42 U.S.C. 2164] INTERNATIONAL COOPERATION.-
a. The President- may authorize the. Commission to cooperate
with another nation and. to communicate to that nation Restricted
Data on-
(1) refining, purification, and subsequent treatment of source
material;
(2) civilian reactor development;
(3) production of special nuclear material;
(4) health and safety;
(5) industrial and other applications of atomic energy for
peaceful purposes; and
(6) research and development relating to the foregoing:
Provided, however, That no such cooperation shall involve the com-
munication of Restricted Data relating to the design or fabrication
of atomic weapons: And provided further, That the cooperation is
undertaken pursuant to an agreement for cooperation entered into
in accordance with. section 123, or is undertaken pursuant to an
agreement existing on the effective date of this Act.
b. The President may authorize the Department of Defense, with
the assistance of the Commission, to cooperate with another nation
or with a regional defense organization to which the United'States
is a party, and to communicate to that nation or organization such
Restricted Data (including design information) as is necessary to-
(1) the development of defense plans;
(2) the training of personnel in the employment of and de-
fense against atomic weapons and other military applications
of atomic energy;
(3) the evaluation of the capabilities of potential enemies in
the employment of atomic weapons and other military applica-
tions of atomic energy; and
(4) the development of compatible delivery systems for
atomic weapons;
whenever the President determines that the proposed cooperation
and the proposed communication of the Restricted Data will pro-
mote' and will not constitute an unreasonable risk to the common
defense and security, while such other nation or organization is
participating with the United States pursuant to an international
arrangement by substantial and material contributions to the
mutual defense and security: Provided, however, That the-coopera-
tion is undertaken pursuant to an agreement entered into in ac-
cordance with section 123.
c. In addition to the cooperation authorized in subsections 144 a.
and 144 b., the President may authorize the Commission- with the
assistance of the= Department of Defense, to cooperate with another
nation and-
(1) to exchange with that nation Restricted Data concerning
atomic weapons: ;Provided, That communication of such Re-
stricted Data to that nation is necessary to improve its atomic
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weapon design, development, or fabrication capability and pro-
vided that nation has made substantial progress in the devel-
opment of atomic weapons; and
(2) to communicate or exchange with that nation Restricted
Data concerning research, development, or design, of military
reactors.
whenever the President determines that the proposed cooperation
and the communication of the proposed Restricted Data will pro-
mote and will not constitute an unreasonable risk to the common
defense and security, while such other nation is participating with
the United States pursuant to an international arrangement by
substantial and material contributions to the mutual defense and
security: Provided, however, That the cooperation is undertaken
pursuant to an agreement entered into in accordance with section
123.
d. The President may authorize any agency of the United States
to communicate in accordance with the terms and conditions of an
agreement for cooperation arranged pursuant to subsection 144 a.,
b., or c., such Restricted Data as is determined to be transmissible
under the agreement for cooperation involved.
SEC. 145. [42 U.S.C. 2165] RESTRICTIONS.-
a. No arrangement shall be made under section 31, no contract
shall be made or continued in effect under section 41, and no li-
cense shall be issued under section 103 or 104, unless the person
with whom such arrangement is made, the contractor or prospec-
tive contractor, or the prospective licensee agrees in writing not to
permit any individual to have access to Restricted Data until the
Civil Service Commission 1 shall have made an investigation and
report to the Commission on the character, associations, and loyal-
ty of such individual, and the Commission shall have determined
that permitting such person to Restricted Data will not endanger
the common defense and security.
b. Except as authorized by the Commission or the General Man-
ager upon a determination by the Commission or General Manager
that such action is clearly consistent with the national interest, no
individual shall be employed by the Commission nor shall the Com-
mission permit any individual to have access to Restricted Data
until the Civil Service Commission' shall have made an investiga-
tion and report to the Commission on the character, associations,
and loyalty of such individual, and the Commission shall have de-
termined that permitting such person to have access to Restricted
Data will not endanger the common defense and security.
c. In lieu of the investigation and report to be made by the Civil
Service Commission pursuant to subsection b. of this section, the
Commission may accept an investigation and report on the charac-
ter, associations, and loyalty of an individual made by another Gov-
ernment agency which conducts personnel security investigations,
provided that a security' clearance has been granted to such indi-
vidual by another Government agency based on such investigation
and report.
' Functions of the Civil Service Commission were transferred to the Director of the Office of
Personnel Management, by section 102 of Reorganization Plan No. 2 of 1978 (92 Stat. 3783; 5
U.S.C. 1101 note).
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d. In= the event an investigation made pursuant to subsection a.
.and b. of this section develops any data reflecting that the individ-
ual who_ is the subject of the investigation is of questionable loyal-
ty, the Civil Service Commission shall refer the matter to the Fed-
eral Bureau of Investigation for the conduct of a full field investi-
gation, the results of which shall be furnished to the Civil Service
Commission for its information and-appropriate action.
e. If the President deems it to ,be-in the national interest he may
from time to time determine that investigations of any group or
class which are required by subsections a., b., and c. of this section
be made by the Federal Bureau of Investigation.
f. Notwithstanding -the provisions of subsections a., b., and c., of
this section, a majority of the members of the Commission shall
certify those specific positions which are of a high degree of impor-
tance or sensitivity, and upon such certification, the investigation
and reports required by such provisions shall be made by the Fed-
eral Bureau of Investigation.
g. The Commission shall establish standards and specifications in
writing as to the scope and extent of investigations, the reports of
which will be utilized by the Commission in making the determina-
tion, pursuant to subsections a., b., and c. of this section, that per-
mitting a person access to restricted data will not endanger the
common defense and security. Such standards and specifications
shall be based on the location and class or kind of work to be done,
and shall, among other considerations, take into account the degree
of importance to the common defense and security of the restricted
data to which access will be :permitted.
h. Whenever the Congress declares that a state of war exists, or
in the event of a national disaster due to enemy attack, the Com-
mission is authorized during the state of war or period of national
disaster due to enemy attack to employ individuals and to permit
individuals access to Restricted Data pending the investigation
report, and determination required by section 145 b., to the extent
that and so long as the Commission finds that such action is re-
quired to prevent impairment of its activities in furtherance of the
common defense and security.
SEC. 146. [42 U.S.C. 2166] GENERAL PROVISIONS.-
a. Sections 141 to 145, inclusive, shall not exclude the applicable
provisions of any other laws, except that no Government agency
shall take any action under such other laws inconsistent with the
provisions of those sections.
b. The Commission shall have no power to control or restrict the
dissemination of information other than as granted by this or any
other law.
SEC. 147. [42 U.S.C. 2167] SAFEGUARDS INFORMATION.-
a. In addition - to any other authority or requirement regarding
protection from disclosure of information, and subject to subsection
(b)(3) of section 552 of title 5 of the United States Code, the Com-
mission shall prescribe such regulations, after notice and opportu-
nity for public comment, or issue such orders, as necessary to pro-
hibit the unauthorized disclosure of safeguards information which
specifically identifies a licensee's or applicant's detailed-
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(1) control and accounting procedures or security measures
(including security plans, procedures, and equipment) for the
physical protection of special nuclear material, by whomever
possessed, whether in transit or at fixed sites, in quantities de-
termined by the Commission to be significant to the public
health and safety or the common defense and security;
(2) security measures (including security plans, procedures,
and equipment) for the physical protection of source material
or byproduct material, by whomever possessed, whether in
transit or at fixed sites, in quantities determined by the Com-
mission to be significant to the public health and safety or the
common defense and security; or
(3) security measures (including security plans, procedures,
and equipment) for the physical protection of and the location
of certain plant equipment vital to the safety of production or
utilization facilities involving nuclear materials covered by
paragraphs (1) and (2)
if the unauthorized disclosure of such information could reasonably
be expected to have a significant adverse effect on the health and
safety of the public or the common defense and security by signifi-
cantly increasing the likelihood of theft, diversion, or sabotage of
such material or such facility. The Commission shall exercise the
authority of this subsection-
(A) so as to apply the minimum restrictions needed to pro-
tect the health and safety of the public or the common defense
and security, and
(B) upon a determination that the unauthorized disclosure of
such information could reasonably be expected to have a signif-
icant adverse effect on the health and safety of the public or
the common defense and security by significantly increasing
the likelihood of theft, diversion, or sabotage of such material
or such facility.
Nothing in this Act shall authorize the Commission to prohibit
the public disclosure of information pertaining to the routes and
quantities of shipments of source material, by-product material,
high level nuclear waste, or irradiated nuclear reactor fuel. Any
person, whether or not a licensee of the Commission, who violates
any regulation adopted under this section shall be subject to the
civil monetary penalties of section 234 of the Act. Nothing in this
section shall be construed to authorize the withholding of informa-
tion from the duly authorized committees of the Congress.
b. For the purposes of section 223 of this Act, any regulations or
orders prescribed or issued by the Commission under this section
shall also be deemed to be prescribed or issued under section 161 b.
of this Act.
c. Any determination by the Commission concerning the applica-
bility of this section shall be subject to judicial review pursuant to
subsection (a)(4)(B) of section 552 of title 5 of the United States
Code.
d. Upon prescribing or issuing any regulation or order under sub-
section a. of this section, the Commission shall submit to Congress
a report that: -
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(1) specifically identifies the type of information the Commis-
sion intends to protect from disclosure under the regulation or
order;
(2) specifically states the Commission's justification for deter-
mining that unauthorized disclosure of the information to be
protected from disclosure under the regulation or order could
reasonably be expected to have a significant adverse effect on
the health and safety of the public or the common defense and
security by significantly increasing the likelihood of theft, di-
version, or sabotage of such material or such facility, as speci-
fied under subsection (a) of this section; and
(3) provides justification, including proposed alternative reg-
ulations or orders, that the regulation or order applies only the
minimum restrictions needed to protect the health and safety
of the public or the common defense and security.
e. In addition to the reports required under subsection d. of this
section, the Commission shall submit to Congress on a quarterly
basis a report detailing the Commission's application during that
period of every regulation or order prescribed or issued under this
section. In particular, the report shall:
(1) identify any information protected from disclosure pursu-
ant to such regulation or order;
(2) specifically state the Commission's justification for deter-
mining that unauthorized disclosure of the information pro-
tected from disclosure under such regulation or order could
reasonably be expected to have a significant adverse effect on
the health and safety of the public or the common defense and
security by significantly increasing the likelihood of theft, di-
version or sabotage of such material or such facility, as speci-
fied under subsection a. of this section; and
(3) provide justification that the Commission has applied
such regulation or order so as to protect from disclosure only
the minimum amount of information necessary to protect the
health and safety of the public or the common defense and se-
curity.
SEC. 148. [42 U.S.C. 2168] PROHIBITION AGAINST THE DISSEMINA-
TION OF CERTAIN UNCLASSIFIED INFORMATION-
a. (1) In addition to any other authority or requirement regard-
ing protection from dissemination of information, and subject to
section 552(b)(3) of title 5, United States Code, the Secretary, with
respect to atomic energy defense programs, of Energy (hereinafter
in this section referred to as the "Secretary") shall prescribe such
regulations, after notice and opportunity for public comment there-
on, or issue such orders as may be necessary to prohibit the unau-
thorized dissemination of unclassified information pertaining to-
(A) the design of production facilities or utilization facilities;
(B) security measures (including security plans, procedures,
and equipment) for the physical protection of (i) production or
utilization facilities, (ii) nuclear material contained in such
facilities, or (iii) nuclear material in transit; or
(C) the design, manufacture, or utilization of any atomic
weapon or component if the design, manufacture, or utilization
of such weapon or component was contained in any information
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declassified or removed from the Restricted Data category by the
Secretary (or the head of the predecessor agency of the Depart-
ment of Energy) pursuant to section 142.
(2) The Secretary may prescribe regulations or issue orders under
paragraph (1) to prohibit the dissemination of any information de-
scribed in such paragraph only if and to the extent that the Secre-
tary determines that the unauthorized dissemination of such infor-
mation could reasonably be expected to have a. significant adverse
effect on the health or safety of the public or the common defense
and security by significantly increasing the likelihood of (A) illegal
production of nuclear weapons, or (B) theft, diversion, or sabotage
of nuclear materials, equipment, or facilities.
(3) In making a determination under paragraph (2) the Secretary
may consider what the likelihood of an illegal production, theft, di-
version, or sabotage referred to in such paragraph would be if the
information proposed to be prohibited from dissemination under
this section were at no time available for dissemination.
(4) The Secretary shall exercise his authority under this subsec-
tion to prohibit the dissemination of any information described in
subsection a. (1)-
(A) so as to apply the minimum restrictions needed to pro-
tect the health and safety of the public or the common defense
and security; and .
(B) upon a determination that the unauthorized dissemina-
tion of such information could reasonably be expected to result
in a significant adverse effect on the health and safety of the
public or the common defense and security by significantly in-
creasing the likelihood of (i) illegal production of nuclear weap-
ons, or (ii) theft, diversion, or sabotage of nuclear materials,
equipment, or facilities.
(5) Nothing in this section shall be construed to authorize the
Secretary to authorize the withholding of information from the ap-
propriate committees of the Congress.
b. (1) Any person who violates any regulation or order of the Sec-
retary issued under this section with respect to the unauthorized
dissemination of information shall be subject to,a civil penalty, to
be imposed by the Secretary, of not to exceed $100,000 for each
such violation. The Secretary may compromise, mitigate, or remit
any penalty imposed under this subsection.
(2) The. provisions of subsection b. and c. of section 234 of this Act
shall be applicable with respect to the imposition of civil penalties
by the Secretary under this section in the same manner that such
provisions are applicable to the imposition of civil penalties by the
Commission under subsection a. of such section.
c. For the purposes of section 223 of this Act, any regulation pre-
scribed or order issued by the Secretary under this section shall
also be deemed to be prescribed or issued under section 161 b. of
this Act.
d.. Any determination by the Secretary concerning the applicabil-
ity of this section shall be subject to judicial review pursuant to
section 552(a)(4)(B) of title 5, United States Code.
e. The Secretary shall prepare on a quarterly basis a report to be
made available upon the request of any interested person, detail-
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ing the Secretary's application during that period of each regula-
tion or order prescribed or issued under this section. In particular,
such report shall-
(1) identify any information protected from disclosure pursu-
ant to such regulation or order;
(2) specifically state the Secretary's justification for deter-
mining that unauthorized dissemination of the information
protected from disclosure under such regulation or order could
reasonably be expected to have a significant adverse effect on
the health and safety of the public or the common defense and
security by significantly increasing the likelihood of illegal pro-
duction of nuclear weapons, or theft, diversion, or sabotage of
nuclear materials, equipment, or facilities, as specified under
subsection a.; and
(3) provide justification that the Secretary has applied such
regulation or order so as to protect from disclosure only the
minimum amount of information necessary to protect the
health and safety of the public or the common defense and se-
curity.
SEC. 149. [42 U.S.C. 2169] FINGERPRINTING FOR CRIMINAL HISTO-
RY RECORD CHECKS.-
a. The Nuclear Regulatory Commission (in this section referred
to as the "Commission") shall require each licensee or applicant for
a license to operate a utilization facility under section 103 or 104 b.
to fingerprint each individual who is permitted unescorted access
to the facility or is permitted access to safeguards information
under section 147. All fingerprints obtained by a licensee or appli-
cant as required in the preceding sentence shall be submitted to
the Attorney General of the United States through the Commission
for identification and a criminal history records check. The costs of
any identification and records check conducted pursuant to the pre-
ceding sentence shall be paid by the licensee or applicant. Notwith-
standing any other provision of law, the Attorney General may
provide all the results of the search to the Commission, and, in ac-
cordance with regulations prescribed under this section, the Com-
mission may provide such results to the licensee or applicant sub-
mitting such fingerprints.
b. The Commission, by rule, may relieve persons from the obliga-
tions imposed by this section, upon specified terms, conditions, and
periods, if the Commission finds that such action is consistent with
its obligations to promote the common defense and security and to
protect the health and safety of the public.
c. For purposes of administering this section, the Commission
shall prescribe, subject to public notice and comment, regulations-
(1) to implement procedures for the taking of fingerprints;
(2) to establish the conditions for use of information received
from the Attorney General, in order-
(A) to limit the redissemination of such information;
(B) to ensure that such information is used solely for the
purpose of determining whether an individual shall be per-
mitted unescorted access to the facility of a licensee or ap-
plicant or shall be permitted access to safeguards informa-
tion under section 147;
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(C) to ensure that no final determination may be made
solely on the basis of information provided under this sec-
tion involving-
(i) an arrest more than 1 year old for which there is
no information of the disposition of the case; or
(ii) an arrest that resulted in dismissal of the charge
or an acquittal; and
(D) to protect individuals subject to fingerprinting under
this section from misuse of the criminal history records;
and
(3) to provide each individual subject to fingerprinting under
this section with the right to complete, correct, and explain in-
formation contained in the criminal history records prior to
any final adverse determination.
d. (1) The Commission may establish and collect fees to process
fingerprints and criminal history records under this section.
(2) Notwithstanding section 3302(b) of title 31, United States
Code, and to the extent approved in appropriation Acts-
(A) a portion of the amounts collected under this subsection
in any fiscal year may be retained and used by the Commission
to carry out this section; and
(B) the remaining portion of the amounts collected under
this subsection in such fiscal year may be transferred periodi-
cally to the Attorney General and used by the Attorney Gener-
al to carry this section.
(3) Any amount made available for use under paragraph (2) shall
remain available until expended.
CHAPTER 18. ENFORCEMENT
SEC. 221. [42 U.S.C. 2271] GENERAL PROVISIONS.-
a. To protect against the unlawful dissemination of Restricted
Data and to safeguard facilities, equipment, materials, and other
property of the Commission, the President shall have authority to
utilize the services of any Government agency to the extent he may
deem necessary or desirable.
b. The Federal Bureau of Investigation of the Department of Jus-
tice shall investigate all alleged or suspected criminal violations of
this Act.
c. No action shall be brought against any individual or person for
any violation under this Act unless and until the Attorney General
of the United States has advised the Commission with respect to
such action and no such action shall be commenced except by the
Attorney General of the United States: Provided, however, That no
action shall be brought under section 222, 223, 224, 225 or 226
except by the express direction of the Attorney General: And pro-
vided further, That nothing in this subsection shall be construed as
applying to administrative action taken by the Commission.
SEC. 222. [42 U.S.C. 2272] VIOLATION OF SPECIFIC SECTIONS.-
Whoever willfully violates, attempts to violate, or conspires to vio-
late, any provision of sections 57, 92, or 101, or whoever unlawfully
interferes, attempts to interfere, or conspires to interfere with any
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recapture or entry under section 108 shall, upon conviction thereof,
be-punished by a fine of not more than $10,000 or by imprisonment
for not more than ten years, or both, except that whoever commits
.such an offense with intent to injure the United States or with
intent to secure an advantage to any foreign nation shall, upon
conviction thereof, be punished by imprisonment for life, or by im-
prisonment for any terms of years or a fine of not more than
$20,000 or both.
SEC. 223.;[42 U.S.C. 2273] VIOLATION OF SECTIONS GENERALLY.-
a Whoever willfully violates, attempts to.violate, or conspires to
violate, any provision of this Act for which no criminal penalty is
specifically provided or of any regulation or order prescribed or
issued under section 65 -or subsections 161 b., i., or o. shall, upon
conviction thereof, be punished by a fine of not more than $5,000 or
by imprisonment for not more than two years, or both, except that
whoever commits such an offense with intent to injure the United
States or with intent to secure an advantage to any foreign nation,
shall, upon conviction thereof, be punished by a fine of not more
than $20,000 or by imprisonment for not more than twenty years,
or both.
b. Any individual director, officer, or employee of a firm con-
structing, or supplying the components of any utilization facility
required to be licensed under section 103 or 104 b. of this Act who
by act or omission, in connection with such construction or supply,
knowingly and willfully violates or causes to be violated, any sec-
tion of this Act, any rule, regulation, or order issued thereunder, or
any license -condition, which violation results, or if undetected
could have resulted, in a significant impairment of a basic compo-
nent of such a facility shall, upon conviction, be subject to a fine of
not more than $25,000 for each day of violation, or to imprison-
ment not to exceed two years, or both. If the conviction is for a vio-
lation committed after a first conviction under this subsection, pun-
ishment shall be a fine of not more than $50,000 per day of viola-
tion, or imprisonment for not more than two years, or both. For
the purposes of this subsection, the term "basic component" means
a facility structure, system, component or part thereof necessary to
assure-
(1) the integrity of the reactor coolant pressure boundary,
(2) the capability to shut-down the facility and maintain it in
a safe shut-down condition, or
(3) the capability to prevent or mitigate the consequences of
accidents which could result in an unplanned offsite release of
quantities of fission products in excess of the limits established
by the Commission.
The provisions of this subsection shall be prominently posted at
each site where a utilization facility required to be licensed under
section 103 or 104 b. of this Act is under construction and on the
premises of each plant where components for such a facility are
fabricated. .
SEC. 224. [42 U.S.C. 2274] COMMUNICATION OF RESTRICTED
DATA.-Whoever, lawfully or unlawfully, having possession of,
access to, control over, or being entrusted with any document, writ-
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v,
ing, sketch, photograph, plan, model, instrument, appliance, note,.
or information involving or incorporating Restricted Data-
a. Communicates, transmits, or discloses the same to any in-
dividual or person, or attempts or conspires to do any of the
forgoing, with intent to injure the United States or with intent
to secure an advantage to any foreign nation, upon conviction
thereof, shall be punished by imprisonment for life, or by im-
prisonment for any term of years or a fine of not more than
$20,000 or both;
b. communicates, transmits, or discloses the same to any in-
dividual or person, or attempts or conspires to do any of the
foregoing, with reason to believe such data will be utilized to
injure the United States or to secure an advantage to any for-
eign nation, shall, upon conviction, be punished by a fine of
not more than $10,000 or imprisonment for not more than ten
years, or both.
SEC. 225. [42 U.S.C. 2275] RECEIPT OF RESTRICTED DATA.-Who-
ever, with intent to injure the United States or with intent to
secure an advantage to any foreign nation, acquires or attempts or
conspires to acquire any document, writing, sketch, photograph,
plan, model, instrument, appliance, note, or information involving
or incorporating Restricted Data shall, upon conviction thereof, be
punished by imprisonment for life, or by imprisonment for any
term of years or a fine of not more than $20,000 or both.
SEC. 226. [42 U.S.C. 2276] TAMPERING WITH RESTRICTED DATA.-
Whoever, with intent to injure the United States or with intent to
secure an advantage to any foreign nation, removes, conceals,
tampers with, alters, mutilates, or destroys any document, writing,
sketch, photograph, plan, model, instrument, appliance, or note in-
volving or incorporating Restricted Data and used by any individ-
ual or person in connection with the production of special nuclear
material, or research or development relating to atomic energy,
conducted by the United States, or financed in whole or in part by
Federal funds, or conducted with the aid of special nuclear materi-
al, shall be punished by imprisonment for life, or by imprisonment
for any term of years or a fine of not more than $20,000 or both.
SEC. 227. [42 U.S.C. 2277] DISCLOSURE OF RESTRICTED DATA.-
Whoever, being or having been an employee or member of the
Commission, a member of the Armed Forces, an employee of any
agency of the United States, or being or having been a contractor
of the Commission or of an agency of the United States, or being or
having been an employee of a contractor of the Commission or of
an agency of the United States, or being or having been a licensee
of the Commission, or being or having been an employee of a li-
censee of the Commission, knowingly communicates, or whoever
conspires to communicate or to receive, any Restricted Data, know-
ing or having reason to believe that such data is Restricted Data,
to any person not authorized to receive Restricted Data pursuant to
the provisions of this Act or under rule or regulation of the Com-
mission issued pursuant thereto, knowing or having reason to be-
lieve such person is not so authorized to receive Restricted Data
shall, upon conviction thereof, be punishable by a fine of not more
than $2,500.
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SEC. 228. [42 U.S.C: 2278] .STATUTE OF LIMITATIONS.-Except for
a capital offense, no individual or person shall be prosecuted, tried,
or punished for any offense prescribed or defined in sections 224 to
226, inclusive, of this Act, unless the indictment is found-or the in-
formation is instituted within ten years next after such offense
shall have been committed.
SEC. 229. [42 U.S.C. 2278a] TRESPASS UPON COMMISSION INSTAL-
LATIONS.-
a. The Commission is authorized to issue regulations relating
to the entry upon or carrying, transporting, or otherwise intro-
ducing or causing to be introduced any dangerous weapon, ex-
plosive, or other dangerous instrument or material likely to
produce substantial injury or damage to persons or property,
into or upon any facility, installation, or real property subject
to the jurisdiction, administration, or in the custody of the
Commission. Every such regulation of the Commission shall be
posted conspicuously at the location involved.
b. Whoever shall willfully violate any regulation of the Com-
mission issued pursuant to subsection a. shall, upon conviction
thereof, be punishable by a fine of not more than $1,000.
c. Whoever. shall willfully violate any regulation of the Com-
mission issued pursuant to subsection a. with respect to any in-
stallation or other property which is enclosed by a fence, wall,
floor, roof, or other structural barrier shall be guilty of a mis-
demeanor and upon conviction thereof shall be punished by a
fine of not to exceed $5,000 or to -imprisonment for not more
than one year, or both.
SEC. 230. [42 U.S.C. 2278b] PHOTOGRAPHING, ETC., OF COMMIS-
SION INSTALLATIONS.-It shall be an offense, punishable by a fine of
not more than $1,000 or imprisonment for not more than one year,
or both-
(1) to -make any photograph, sketch, picture, drawing, map or
graphical representation, while present on property subject to
the jurisdiction, administration or in the custody of the Com-
mission, of any installations or equipment designated by the
President as requiring protection against the general dissemi-
nation of information relative thereto, in the interest of the
common defense and security, without first obtaining the per-
mission of the Commission, and promptly submitting the prod-
uct obtained to the Commission for inspection or such other
action as may be deemed necessary; or
(2) to use or permit the use of an aircraft or any contrivance
used, or designed for navigation or flight in air, for the purpose
of making a photograph, sketch, picture, drawing, map or
graphical representation of any installation or equipment des-
ignated by the President as provided in the preceding para-
graph, unless authorized by the Commission.
SEC: 231. [42 U.S.C. 2279] OTHER LAWS.-Sections 224 to 230
shall not exclude the applicable provisions of any other laws.
SEC. 232. [42 U.S.C. 2280] INJUNCTION PROCEEDINGS.-Whenever
in the judgment of the Commission any person has engaged or' is
about to engage in any acts or practices which constitute or-will
constitute a violation of any provision of this Act, or any regulation
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.or order-issued thereunder, the Attorney General on behalf of the
United States may make application to the appropriate court for
an order enjoining such acts or practices, or for an order enforcing
compliance with such provision, and upon a showing by the Com-
mission that such person has engaged or is about to engage in any
such acts or practices a permanent or temporary injunction, re-
straining order, or other order may be granted.
SEC. 233. [42 U.S.C. 2281] CONTEMPT PROCEEDINGS.-In case of
failure or refusal to obey a subpena served upon any person pursu-
ant to subsection 161 c., the district court for any district in which
such person is found or resides or transacts business, upon applica-
tion by the Attorney General on behalf of the United States, shall
have jurisdiction to issue an order requiring such person to appear
and give testimony or to appear and produce documents, or both,
in accordance with the subpena; and any failure to obey such order
of the court may be punished by such court as a contempt thereof.
SEC. 234. [42 U.S.C. 2282] CIVIL MONETARY PENALTIES FOR VIO-
LATIONS OF LICENSING REQUIREMENTS.-
a. Any person who (1) violates any licensing provision of section
53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 or any rule, regula-
tion, or order issued thereunder, or any term, condition, or limita-
tion of any license issued thereunder, or (2) commits any violation
for which a license may be revoked under section 186, shall be sub-
ject to a civil penalty, to be imposed by the Commission, of not to
exceed $100,000 for each such violation. If any violation is a con-
tinuing one, each day of such violation shall constitute a separate
violation for the purpose of computing the applicable civil penalty.
The Commission shall have the power to compromise, mitigate, or
remit such penalties.
b. Whenever the Commission has reason to believe that a person
has become subject to the imposition of a civil penalty under the.
provisions of this section, it shall notify such person in writing (1)
setting forth the date, facts, and nature of each act or omission
with which the person is charged, (2) specifically identifying the
particular provision or provisions of the section, rule, regulation,
order, or license involved in the violation, and (3) advising of each
penalty which the Commission proposes to impose and its amount.
Such written notice shall be sent by registered or certified mail by
the Commission to the last known address of such person. The
person so notified shall be granted an opportunity to show in writ-
ing, within such reasonable period as the Commission shall by reg-
ulation prescribe, why such penalty should not be imposed. The
notice shall also advise such person that upon failure to pay the
civil penalty subsequently determined by the Commission, if any,
the penalty may be collected by civil action.
c. On the request of the Commission, the Attorney General is au-
thorized to institute a civil action to collect a penalty imposed pur-
suant to this section. The Attorney General shall have the exclu-
sive power to compromise, mitigate, or remit such civil penalties as
are referred to him for collection.
SEC. 235. [42 U.S.C. 2283] PROTECTION OF NUCLEAR INSPEC-
TORS.-
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a. Whoever kills any person who performs any inspections
which-
(1) are related to any activity or facility licensed by the Com-
mission, and
'(2) are carried out to satisfy requirements under this Act or
under any other Federal law governing the safety of utilization
facilities required to be licensed under section 103 or 104 b., or
the safety of radioactive materials,
shall be punished as provided under sections 1111 and 1112 of title
18, United States Code. The preceding sentence shall be applicable
only if such person is killed while engaged in the performance of
such inspection duties or on account of the performance of such
duties.
b. Whoever forcibly assaults, resists, opposes, impedes, intimi-
dates, or interferes with any person who performs inspections as
described under subsection a. of this section, while such person is
engaged in such inspection duties or on account of the performance
of such duties, shall be punished as provided under section 111 of
title 18, United States Code.
SEC. 236. [42 U.S.C. 2284] SABOTAGE OF NUCLEAR FACILITIES OR
FUEL.-Any person who intentionally and willfully destroys or
causes physical damage to, or who intentionally and willfully at-
tempts to destroy or cause physical damage to-
(1) any production facility or utilization facility licensed
under this Act,
(2) any nuclear waste storage facility licensed under this Act,
(3) any nuclear fuel for such a utilization facility, or any
spent nuclear fuel from such a facility, .
shall be fined not more than $10,000 or imprisoned for not more
than ten years, or both.
SECTION 705 OF THE COMMUNICATIONS ACT OF 1934 (47
U.S.C. 605) (UNAUTHORIZED PUBLICATION OF COMMUNI-
CATIONS)
UNAUTHORIZED PUBLICATION OF COMMUNICATIONS
SEC. 705. (a) Except as authorized by chapter 119, title 18, United
States Code, no person receiving, assisting in receiving, transmit-
ting, or assisting in transmitting, any interstate or foreign commu-
nication by wire or radio shall divulge or publish the existence,
contents, substance, purport, effect, or meaning thereof, except
through authorized channels of transmission or reception, (1) to
any person other than the addressee, his agent, or attorney, (2) to a
person employed or authorized to forward such communication to
its destination, (3) to proper accounting or distributing officers of
the various communicating centers over which the communication
may be passed, (4) to the master of a ship under whom he is serv-
ing, (5) in response to a subpena issued by a court of competent ju-
risdiction, or (6) on demand of 'other lawful authority. No person
not being authorized by the sender shall intercept any radio com-
munication and divulge or publish the existence, contents, sub-
stance, purport, effect, or meaning of such intercepted communica-
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SELECTED LAWS OF INTEREST 251
tion to any person. No person not being entitled thereto shall re-
ceive or assist in receiving any interstate or foreign communication
by radio and use such communication (or any information therein
contained) for his own benefit or for the benefit of another not enti-
tled thereto. No person having received any intercepted radio com-
munication or having become acquainted with the contents, sub-
stance, purport, effect, or meaning of such communication (or any
part thereof) knowing that such communication was intercepted,
-shall divulge or publish the existence, contents, substance, purport,
effect, or meaning of such communication (or any part thereof) or
use such communication (or any information therein contained) for
his own benefit or for the benefit of another not entitled thereto.
This section shall not apply to the receiving, divulging, publishing,
or utilizing the contents of any radio communication which is
transmitted by any station for the use of the general public, which
relates to ships, aircraft, vehicles, or persons in distress, or which is
transmitted. by an amateur radio station operator or by a citizens
band radio operator.
(b) The provisions of subsection (a) shall not apply to the inter-
ception or receipt by any individual, or the assisting (including the
manufacture or sale) of such interception or receipt, of any satellite
cable programming for private viewing if-
(1) the programming involved is not encrypted; and
(2)(A) a marketing system is not established under which-
(i) an agent or agents have been lawfully designated for
.the purpose of authorizing private viewing by individuals,
and
(ii) such authorization is available to the individual in-
volved from the appropriate agent or agents; or
(B) a marketing system described in subparagraph (A) is es-
tablished and the individuals receiving such programming has
obtained authorization for private viewing under that system.
(c) For purposes of this section-
(1) the term "satellite cable programming" means video pro-
gramming which is transmitted via satellite and which is pri-
marily intended for the direct receipt by cable operators for
their retransmission to cable subscribers;
(2) the term "agent", with respect to any person, includes an
employee of such person;
(3) the term "encrypt", when used with respect to satellite
cable programming, means to transmit such programming in a
form whereby the aural and visual characteristics (or both) are
modified or altered for the purpose of preventing the unauthor-
ized receipt of such programming by persons without author-
ized equipment which is designed to eliminate the effects of
such modification or alteration; .
(4) the term "private viewing" means the viewing for private
use in an individual's dwelling unit by means of equipment,
owned or operated by such individual, capable of receiving sat-
ellite cable programming directly from a satellite; and
(5) the term "private financial gain" shall not include the
gain resulting to any individual for the private use in such in-
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252 SELECTED LAWS OF INTEREST
dividual's dwelling unit of any programming for which the in-
dividual has not obtained authorization for that use.
(d)(1) Any person who willfully violates subsection (a) shall be
fined not more than $1,000 or imprisoned for not more than 6
months, or both.
(2) Any person who violates subsection (a) willfully and for pur-
poses of direct or indirect commercial advantage or private finan-
cial gain shall be fined not more than $25,000 or imprisoned for not
more than 1 year, or both, for the first such conviction and shall be
fined not more than $50,000 or imprisoned for not more than 2
years, or both, for any subsequent conviction.
(3)(A) Any person aggrieved by any violation of subsection (a)
may bring a civil action in a United States district court or in any
other court of competent jurisdiction.
(B) The court may-
(i) grant temporary and final injunctions on such terms as it
may deem reasonable to prevent or restrain violations of sub-
section (a);
(ii) award damages as described in subparagraph (C); and
(iii) direct the recovery of full costs, including awarding rea-
sonable attorneys' fees to an aggrieved party who prevails.
(C)(i) Damages awarded by any court under this section shall be
computed, at the election of the aggrieved party, in accordance
with either of the following subclauses;
(I) the party aggrieved may recover the actual damages suf-
fered by him as a result of the violation and any profits of the
violator that are attributable to the violation which are not
taken into account in computing the actual damages; in deter-
mining the violator's profits, the party aggrieved shall be re-
quired to prove only the violator's gross revenue, and the viola-
tor shall be required to prove his deductible expenses and the
elements of profit attributable to factors other than the viola-
tion; or
(II) the party aggrieved may recover an award of statutory
damages for each violation involved in the action in a sum of
not less than $250 or more than $10,000, as the court considers
just.
(ii) In any case in which the court finds that the violation was
committed willfully and for purposes of direct or indirect commer-
cial advantage or private financial gain, the court in its discretion
may increase the award of damages, whether actual or statutory,
by an amount of not more than $50,000.
(iii) In any case where the court finds that the violator was not
aware and had no reason to believe that his acts constituted a vio-
lation of this section, the court in its discretion may reduce the
award of damages to a sum of not less than $100.
(4) The importation, manufacture, sale, or distribution of equip-
ment by any person with the intent of its use to assist in any activ-
ity prohibited by subsection (a) shall be subject to penalties and
remedies under this subsection to the same extent and in the same
manner as a person who has engaged in such prohibited activity.
(5) The penalties under this subsection shall be in addition to
those prescribed under any other provision of this title.
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stLtU i to LAWS OF INTEREST 253
(6) Nothing in this subsection shall prevent any State, or political
subdivision thereof, from enacting or enforcing any laws with re-
spect to the importation, sale, manufacture, or distribution of
equipment by any person with the intent of its use to assist in the
interception or receipt of radio communications prohibited by sub-
section (a).
(e) Nothing in this section shall affect any right, obligation, or li-
ability under title 17, United States Code, any rule, regulation, or
order thereunder, or any other applicable Federal, State, or local
law.
SECTIONS 102, 103, AND 104 OF THE REVISED STATUTES OF
THE UNITED STATES (CONGRESSIONAL INVESTIGATIONS)
SEC. 102. [2 U.S.C. 192] Every person who having been sum-
moned as a witness by the authority of either House of Congress to
give testimony or to produce papers upon any matter under in-
quiry before either House, or any joint committee established by a
joint or concurrent resolution of the two Houses of Congress, or
any committee of either House of Congress, willfully makes de-
fault, or who, having appeared, refuses to answer any question per-
tinent to the question under inquiry, shall be deemed guilty of a
misdemeanor, punishable by a fine of not more than.$1,000 nor less
than $100 and imprisoned in a common jail for not less than one
month nor more than twelve months.
SEC. 103. [2 U.S.C. 193] No witness is privileged to refuse to tes-
tify to any fact, or to produce any paper, respecting which he shall
be examined by either House of Congress, or by any joint commit-
tee established by a joint or concurrent resolution of the two
Houses of Congress, or by any committee of either House, upon the
ground that his testimony to such fact or his production of such
paper may tend to disgrace him or otherwise render him infamous.
SEC. 104. [2 U.S.C. 194] Whenever a witness summoned as men-
tioned in section 102 fails to appear to testify or fails to produce
any books, papers, records, or documents, as required, or whenever
any witness so summoned refuses to answer any question pertinent
to the subject under inquiry before either House, or any joint com-
mittee established by a joint or concurrent resolution of the two
Houses of Congress, or any committee or subcommittee of either
House of Congress, and the fact of such failure or failures is report-
ed to either House while Congress is in session, or when Congress
is not in session, a statement of fact constituting such failure is re-
ported to and filed with the President of the Senate or the Speaker
of the House, it shall be the duty of the said President of the
Senate or Speaker of the House, as the case may be, to certify, and
he shall so certify, the statement of facts aforesaid under the seal
of the Senate or House, as the case may be, to the appropriate
United States attorney, whose duty it shall be to bring the matter
before the grand jury for its action.
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SECTIONS 6002 AND 6005 OF TITLE 18, UNITED STATES
CODE
? 6002. Immunity generally
Whenever a witness refuses, on the basis of his privilege against
self-incrimination, to testify or provide other information in a pro-
ceeding before or ancillary to-
(1) a court or grand jury of the United States,
(2) an agency of the United States, or
(3) either House of Congress, a joint committee of the two
Houses, or a committee or a subcommittee of either House,
and the person presiding over the proceeding communicates to the
witness an order issued under this part, the witness may not refuse
to comply with the order on the basis of his privilege against self-
incrimination; but no testimony or other information compelled
under the order (or any information directly or indirectly derived
from such testimony or other information) may be used against the
witness in any criminal case, except a prosecution for perjury,
giving a false statement, or otherwise failing to comply with the
order.
? 6005. Congressional proceedings
(a) In the case of any individual who has been or may be called
to testify or provide other information at any proceeding before
either House of Congress, or any committee, or any subcommittee
of either House, or any joint committee of the two Houses, a
United States district court shall issue, in accordance with subsec-
tion (b) of this section, upon the request of a duly authorized repre-
sentative of the House of Congress or the committee concerned, an
order requiring such individual to give testimony or provide other
information which he refuses to give or provide on the basis of his
privilege against self-incrimination, such order to become effective
as provided in section 6002 of this part.
(b) Before issuing an order under subsection (a) of this section, a
United States district court shall find that-
(1) in the case of a proceeding before either House of Con-
gress, the request for such an order has been approved by an
affirmative vote of a majority of the Members present of that
House;
(2) in the case of a proceeding before a committee or a sub-
committee of either House of Congress or a joint committee of
both Houses, the request for such an order has been approved
by an affirmative vote of two-thirds of the members of the full
committee; and ' -
(3) ten days or more prior to the day on which the request
for such an order was made, the Attorney General was served
with notice of an intention to request the order.
(c) Upon application of the Attorney General, the United States
district court shall defer the issuance of any order under subsection
(a) of this section for such period, not longer than twenty days from
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;)tLt1 i to ulWS OF INTEREST 255
the date of the request for such order, as the Attorney General
may specify.
SECTION 8(b) OF THE INSPECTOR GENERAL ACT OF 1978
? 8. Additional provisions with respect to the Inspector General of
the Department of Defense
(b)(1) Notwithstanding the last two sentences of section 3(a),1 the
Inspector General shall be under the authority, direction, and con-
trol of the Secretary of Defense with respect to audits or investiga-
tions, or the issuance of subpoenas, which require access to infor-
mation concerning-
(A) sensitive operational plans;
(B) intelligence matters;
(C) counterintelligence matters;
(D) ongoing criminal investigations by other administrative
units of the Department of Defense related to national securi-
ty; or
(E) other matters the disclosure of which would constitute a
serious threat to national security.
(2) With respect to the information described in paragraph (1) the
Secretary of Defense may prohibit the Inspector General from initi-
ating, carrying out, or completing any audit or investigation, or
from issuing any subpoena, after the Inspector General has decided
to initiate, carry out or complete such audit or investigation or to
issue such subpoena, if the Secretary determines that such prohibi-
tion is necessary to preserve the national security interests of the
United States.
(3) If the Secretary of Defense exercises any power under para-
graph (1) or (2), the Inspector General shall submit a statement
concerning such exercise within thirty days to the Committees on
Armed Services and Governmental Affairs of the Senate and the
Committees on Armed Services and Government Operations of the
House of Representatives and to other appropriate committees or
subcommittees of the Congress.
(4) The Secretary shall, within thirty days after submission of a
statement under paragraph (3), transmit a statement of the reasons
for the exercise of power under paragraph (1) or (2) to the Commit-
tees on Armed Services and Governmental Affairs of the Senate
and the Committees on Armed Services and Government Oper-
ations of the House of Representatives and to other appropriate
committees or subcommittees.
' The last two sentences of such section 3(a) read as follows:
Each Inspector General shall report to and be under the general supervision of the head of
the establishment involved or, to the extent such authority is delegated, the officer next in rank
below such head, but shall not report to, or be subject to supervision by, any other officer of
such establishment. Neither the head of the establishment nor the officer next in rank below
such head shall prevent or prohibit the Inspector General from initiating, carrying out, or com-
pleting any audit or investigation, or from issuing any subpena during the course of any audit
or investigation."
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B. CONGRESSIONAL OVERSIGHT
TITLE V OF THE NATIONAL SECURITY ACT OF 1947
(50
U.S.C. 413) (ACCOUNTABILITY FOR INTELLIGENCE
AC-
TIVITIES)
TITLE V-ACCOUNTABILITY FOR INTELLIGENCE
ACTIVITIES 1
SEC. 501. (a) To the extent consistent with-a-11 applicable authori-
ties and duties, including those conferred by the Constitution upon
the executive and legislative branches of the Government, and to
the extent consistent with due regard for the protection from unau-
thorized disclosure of classified information and information relat-
ing to intelligence sources and methods, the Director of Central In-
telligence and the heads of all departments, agencies, and other en-
tities of the United States involved in intelligence activities shall-
(1) keep the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives (hereinafter in this section referred
to as the "intelligence committees") fully and currently in-
formed of all intelligence activities which are the responsibility
of, are engaged in by, or are carried out for or on behalf of, any
department, agency, or entity of the United States, including
any significant anticipated intelligence activity, except that (A)
the foregoing provision shall not require approval of the intelli-
gence committees as a condition precedent to the initiation of
any such anticipated intelligence activity, and (B) if the Presi-
dent determines it is essential to limit prior notice to meet ex-
traordinary circumstances affecting vital interests of the
United States, such notice shall be limited to the chairman
and ranking minority members of the intelligence committees,
the Speaker and minority leader of the House of Representa-
tives, and the majority and minority leaders of the Senate;
(2) furnish any information or material concerning intelli-
gence activities which is in the possession, custody, or control
of any department, agency, or entity of the United States and
which is requested by either of the intelligence committees in
order to carry out its authorized responsibilities; and
(3) report in a timely fashion to the intelligence committees
any illegal intelligence activity or significant intelligence fail-
ure and any corrective action that has been taken or is
planned to be taken in connection with such illegal activity or
failure.
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caa LunuItsSIONAL OVERSIGHT
(b) The President shall fully inform the intelligence committees
in a timely fashion of intelligence operations in foreign countries,
other than activities intended solely for obtaining necessary intelli-
gence, for which prior notice was not given under subsection (a)
and shall provide a statement of the reasons for not giving prior
notice.
(c) The President and the intelligence committees shall each es-
tablish such procedures as may be necessary to carry out the provi-
sions of subsections (a) and (b).
(d) the 1 House of Representatives and the Senate, in consulta-
tion with the Director of Central Intelligence, shall each establish,
by rule or resolution of such House, procedures to protection from
unauthorized disclosure all classified information and all informa-
tion relating to intelligence sources and methods furnished to the
intelligence committees or to Members of the Congress under this
section. In accordance with such procedures, each of the intelli-
gence committees shall promptly call to the attention of its respec-
tive House, or to any appropriate committee or committees of its
respective House, any matter relating to intelligence activities re-
quiring the attention of such House or such committee or commit-
tees.
(e) Nothing in this Act shall be construed as authority to with-
hold information from the intelligence committees on the grounds
that providing the information to the intelligence committees
would constitute the unauthorized disclosure of classified informa-
tion or information relating to intelligence sources and methods.
SECTION 654 OF THE FOREIGN ASSISTANCE ACT OF 1961
(22 U.S.C. 2414)
SEC. 654. PRESIDENTIAL FINDINGS AND DETERMINATIONS.-(a) In
any case in which the President is required to make a report to the
Congress, or to any committee or officer of either House of Con-
gress, concerning any finding or determination under any provision
of this Act, the Foreign Military Sales Act, or the Foreign Assist-
ance and Related Programs Appropriation Act for each fiscal year,
that finding or determination shall be reduced to writing and
signed by the President.
(b) No action shall be" taken pursuant to any such finding or de-
termination prior to the date on which that finding or determina-
tion has been reduced to writing and signed by the President.
(c) Each such finding or determination shall be published in the
Federal Register as soon as practicable after it has been reduced to
writing and signed by the President. In any case in which the
President concludes that such publication would be harmful to the
national security of the United States, only a statement that a de-
termination or finding has been made by the President, including
the name and section of the Act under which it was made, shall be
published.
(d) No committee or officer of either House of Congress shall be
denied any requested information relating to any finding or deter-
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CONGRESSIONAL OVERSIGHT 259
mination which the President is required to report to the Congress,
or to any committee or officer of either House of Congress, under
any provision of this Act, the Foreign Military Sales Act, or the
Foreign Assistance and Related Programs Appropriation Act for
each fiscal year even though such report has not yet been transmit-
ted to the appropriate committee or officer of either House of Con-
gress.
SECTION 662 OF THE FOREIGN ASSISTANCE ACT OF 1961
(22 U.S.C. 2422) (THE "HUGHES-RYAN AMENDMENT")
SEC. 662. LIMITATION ON INTELLIGENCE ACTIVITIES.-NO funds ap-
propriated under the authority of this or any other Act may be ex-
pended by or on behalf of the Central Intelligence Agency for oper-
ations in foreign countries, other than activities intended solely for
obtaining necessary intelligence, unless and until the President
finds that each such operation is important to the national security
of the United States. Each such operation shall be considered a sig-
nificant anticipated intelligence activity for the purpose of section
501 of the National Security Act of 1947.
SECTION 112b OF. TITLE 1, UNITED STATES CODE (UNITED
STATES INTERNATIONAL AGREEMENTS) (THE "CASE ACT")
? 112b. United States international agreements; transmission to
Congress
(a) The Secretary of State shall transmit to the Congress the text
of any international agreement (including the text of any oral
international agreement, which agreement shall be reduced to
writing), other than a treaty, to which the United States is a party
as soon as practicable after such agreement has entered into force
with respect to the United States but in no event later than sixty
days thereafter. However, any such agreement the immediate
public disclosure of which would, in the opinion of the President,
be prejudicial to the national security of the United States shall
not be so transmitted to the Congress but shall be transmitted to
the Committee on Foreign Relations of the Senate and the Commit-
tee on International Relations of the House of Representatives
under an appropriate injunction of secrecy to be removed only
upon due notice from the President. Any department or agency of
the United States Government which enters into any international
agreement on behalf of the United States shall transmit to the De-
partment of State the text of such agreement not later than twenty
days after such agreement has been signed.
(b) Not later than March 1, 1979, and at yearly intervals thereaf-
ter, the President shall, under his own signature, transmit to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate a report with re-
spect to each international agreement which, during the preceding
year, was transmitted to the Congress after the expiration of the
60-day period referred to in the first sentence of subsection (a), de-
scribing fully and completely the reasons for the late transmittal.
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LOU GuIYGKLSSIONAL OVERSIGHT
(c) Notwithstanding any other provision of law, an international
agreement may not be signed or otherwise concluded on behalf of
the United States without prior consultation with the Secretary of
State. Such consultation may encompass a class of agreements
rather than a particular agreement.
(d) The Secretary of State shall determine for and within the ex-
ecutive branch whether an arrangement constitutes an internation-
al agreement within the meaning of this section.
(e) The President shall, through the Secretary of State, promul-
gate such rules and regulations as may be necessary to carry out
this section.
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C. REGISTRATION LAWS 1
SECTION 951 OF TITLE 18, UNITED STATES CODE (AGENTS
OF FOREIGN GOVERNMENTS)
? 951. Agents of foreign governments
(a) Whoever, other than a diplomatic or consular officer or atta-
che, acts in the United States as an agent of a foreign government
without prior notification to the Attorney General if required in
subsection (b), shall be fined not more than $5,000 or imprisoned
not more than ten years, or both.
(b) The Attorney General shall promulgate rules and regulations
establishing requirements for notification.
(c) The Attorney General shall, upon receipt, promptly transmit
one copy of each notification statement filed under this section to
the Secretary of State for such comment and use, as the Secretary
of State may determine to be appropriate from the point of view of
the foreign relations of the United States. Failure of the Attorney
General to do so shall not be a bar to prosecution under this sec-
tion.
(d) For purposes of this section, the term "agent of a foreign gov-
ernment" means an individual who agrees to operate within the
United States subject to the direction or control of a foreign gov-
ernment or official, except that such term does not include-
(1) a duly accredited diplomatic or consular, officer of a for-
eign government, who is so recognized by the Department of
State;
(2) any officially and publicly acknowledged and _ sponsored
official or representative of a foreign government;
(3) any officially and publicly acknowledged and sponsored
member of the staff of, or employee of, an officer, official, or
representative described in paragraph (1) or (2), who is not a
United States citizen; or
(4) any person engaged in a legal commercial transaction.
(e) Notwithstanding paragraph (d)(4), any person engaged in a
legal commercial transaction shall be considered to be an agent of
a foreign government for purposes of this section if-
(1) such person agrees to operate within the United States
subject to the direction or control of a foreign government or
official; and
(2) such person-
(A) is an agent of the Soviet Union, the German Demo-
cratic Republic, Hungary, Czechoslovakia, Poland, Bulgar-
ia, Romania, or Cuba, unless the Attorney General, after
' See also chapter 7 of title II of the Immigration and Nationality Act, set out post at page
295.
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LUL nc u i i r TION LAWS
consultation with the Secretary of State, determines and
so reports to the Congress that the national security or for-
eign policy interests of the United States require that the
provisions of this section do not apply in specific circum-
stances to agents of such country; or
(B) has been convicted of, or has entered a plea of nolo
contendere with respect to, any offense under section 792
through 799, 831, or 2381 of this title or under section 11 of
the Export Administration Act of 1979, except that the
provisions of this subsection shall not apply to a person de-
scribed in this clause for a period of more than five years
beginning on the date of the conviction or the date of
entry of the plea of nolo contendere, as the case may be.
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FOREIGN AGENTS REGISTRATION ACT OF 1938
AN ACT To require the registration of certain persons employed by agencies to
disseminate propaganda in the United States and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
POLICY AND PURPOSE
It is hereby declared to be the policy and purpose of this Act to
protect the national defense, internal security, and foreign rela-
tions of the United States by requiring public disclosure by persons
engaging in propaganda activities and other activities for or on
behalf of foreign governments, foreign political parties, and other
foreign principals so that the government and the people of the
United States may be informed of the identity of such persons and
may appraise their statements and actions in light of their associa-
tions and activities.
SECTION 1. [22 U.S.C. 611] As used in and for the purposes of
this Act-
(a) The term "person" includes an individual, partnership, asso-
ciation, corporation, organization, or any other combination of indi-
viduals;
(b) The term "foreign principal" includes-
(1) a government of a foreign country and a foreign political
party;
(2) a person outside of the United States, unless it is estab-
lished that such person is an individual and a citizen of and
domiciled within the United States, or that such person is not
an individual and is organized under or created by the laws of
the United States or of any State or other place subject to the
jurisdiction of the United States and has its principal place of
business within the United States; and
(3) a partnership, association, corporation, organization or
other combination of persons organized under the laws of or
having its principal place of business in a foreign country.
(c) Expect 1 as provided in subsection (d) hereof, the term "agent
of a foreign principal" means-
(1) any person who acts as an agent, representative, employ-
ee, or servant, or any person who acts in any other capacity at
the order, request, or under the direction or control, of a for-
eign principal or of a person any of whose activities are direct-
ly or indirectly supervised, directed, controlled, financed, or
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M4 ruKtuin Htitri fS REGISTRATION
subsidized in whole or in major part by a foreign principal, and
who directly or through any other person-
(i) engages with the United States in political activities
for or in the interests of such foreign principal;
(ii) acts within the United States as a public relations
counsel, publicity agent, information service employee or
political consultant for or in the interests of such foreign
principal;
(iii) within the United States solicits, collects, disburses,
or dispenses contributions, loans, money, or other things of
value for or in the interest of such foreign principal; or
(iv) within the United States represents the interests of
such foreign principal before any agency or official of the
Government of the United States; and
(2) any person who agrees, consents, assumes or purports to
act as, or who is or holds himself out to be, whether or not pur-
suant to contractual relationship, an agent of a foreign princi-
pal as defined in clause (1) of this. subsection.
(d) The term "agent of a foreign principal" does not include any
news or press service or association organized under the laws of the
United States or of any State or other place subject to the jurisdic-
tion of the United States, or any newspaper, magazine, periodical,
or other publication for which there is on file with the United
States Postal Service information in compliance with section 3611
of title 39, United States Code,' published in the United States,
solely by virtue of any bona fide news or journalistic activities, in-
cluding the solicitation or acceptance of advertisements, subscrip-
tions, or other compensation therefor, so long as it is at least 80 per
centum beneficially owned by, and its officers and directors, if any,
are citizens of the United States, and such news or press service or
association, newspaper, magazine, periodical, or other publication,
is not owned, directed, supervised, controlled, subsidized, or fi-
nanced, and none of its policies are determined by any foreign prin-
cipal defined in section 1(b) hereof, or by any agent of a foreign
principal required to register under this Act;
(e) The term "government of a foreign country" includes any
person or group of persons exercising sovereign de facto or de jure
political jurisdiction over any country, other than the United
States, or over any part of such country; and includes any subdivi-
sion of any such group and any group or agency to which such sov-
ereign de facto or de jure authority or functions are directly or in-
directly delegated. Such term shall include any faction or body of
insurgents within a country assuming to exercise governmental au-
thority whether such faction or body of insurgents has,or has not
been recognized by the United States;
(f) The term "foreign political party" includes any organization
or any other combination of individuals in a country other than
the United States, or any unit or branch thereof, having for an aim
or purpose, or which is engaged in any activity devoted in whole or
in part to, the establishment, administration, control, or acquisition
of administration or control, of a government of a foreign country
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I rvn ,un nucNTS REGISTRATION 265
or subdivision thereof, or the furtherance or influencing of the po-
litical or public interests, policies, or relations of a government of a
foreign country or a subdivision thereof;
(g) The term "Public-relations counsel" includes any person who
engages directly or indirectly in informing, advising, or in any way
representing a principal in any public relations matter pertaining
to political or public interests, policies, or relations of such princi-
pal;
(h) The term "publicity agent" includes any person who engages
directly or indirectly in the publication or dissemination of oral,
visual, graphic, written, or pictorial information or matter of any
kind, including publication by means of advertising, books, periodi-
cals, newspapers, lectures, broadcasts, motion pictures, or other-
wise;
(i) The 'term "information-service employee" includes any person
who is engaged in furnishing, disseminating, or publishing ac-
counts, descriptions, information, or data with respect to the politi-
cal, industrial, employment, economic, social, cultural, or other
benefits, advantages, facts, or conditions of any country other than
the United States or of any government of a foreign country or of a
foreign political party or of a partnership, association, corporation,
organization, or other combination of individuals organized under
the laws of, or having its principal place of business in, a foreign
country;
(j) The term -"political propaganda" includes any oral, visual,
graphic, written, pictorial, or other communication or expression
by any person (1) which is reasonably adapted to, or which the
person disseminating the same believes will, or which he intends
to, prevail upon, indoctrinate, convert, induce, or in any other way
influence a recipient or any section of the public within the United
States with reference to the political or public interests, policies, or
relations of a government of a foreign country or a foreign political
party or with reference to the foreign policies of the United States
or promote in the United States racial, religious, or social dissen-
sions, or (2) which advocates, advises, instigates, or promotes any
racial, social, political, or religious disorder, civil riot, or other con-
flict involving the use of force or violence in any other American
republic or the overthrow of any government or political subdivi-
sion of any other American republic by any means involving the
use of force or violence. As used in this section 1(j) the term "dis-
seminating" includes transmitting or causing to be transmitted in
the United States mails or by any means or instrumentality of
interstate or foreign commerce or offering or causing to be offered
in the United States mails;
(k) The term "registration statement" means the registration
statement required to be. filed with the Attorney General under
section 2(a) hereof, and any supplements thereto required to be
filed under section 2(b) hereof, and includes all documents and
papers required to be filed therewith or amendatory thereof or sup-
plemental thereto, whether attached thereto or incorporated there-
in by reference;
(1) The term "American republic" includes any of the States
which were signatory to the Final Act of the Second Meeting of the
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1 266 FOREIGN AGENTS REGISTRATION
Ministers of Foreign Affairs of the American Republics at Habana,
Cuba, July 30, 1940;
(m) The term "United States," when used in a geographical sense
includes the several States, the District of Columbia, the Territo-
ries, the Canal Zone, the insular possessions, and all other places
now or hereafter subject to the civil or military jurisdiction of the
United States;
(n) The term "prints" means newspapers and periodicals, books,
pamphlets, sheet music, visiting cards, address cards, printing
proofs, engravings, photographs, pictures, drawings, plans, maps,
patterns to be cut out, catalogs, prospectuses, advertisements, and
printed, engraved, lithographed, or autographed notices of various
kinds, and, in general, all impressions or reproductions obtained on
paper or other material assimilable to paper, on parchment or on
cardboard, by means of printing, engraving, lithography, auto-
graphy, or any other easily recognizable mechanical process, with
the exception of the copying press, stamps with movable or immov-
able type, and the typewriter;
(o) The term "political activities" means the dissemination of po-
litical propaganda and any other activity which the person engag-
ing- therein believes will, or which he intends to, prevail upon, in-
doctrinate, convert, induce, persuade, or in any other way influence
any agency or official of the Government of the United States or
any section of the public within the United States with reference to
formulating, adopting, or changing the domestic or foreign policies
of the United States or with reference to the political or public in-
terests, policies, or relations of a government of a foreign country
or a foreign political party;
(p) The term "political consultant" means any person who en-
gages in informing or advising any other person with reference to
the domestic or foreign policies of the United States or the political
or public interest, policies, or relations of a foreign country or of a
foreign political party;
(q) For the purpose of section (3)(d) hereof, activities in further-
ance of the bona fide commercial, industrial or financial interests
of a domestic person engaged in substantial commercial, industrial
or financial operations in the United States shall not be deemed to
serve predominantly a foreign interest because such activities also
benefit the interests of a foreign person engaged in bona fide trade
or commerce which is owned or controlled by, or which owns or
controls, such domestic person: Provided, That (i) such foreign
person is not, and such activities are not directly or indirectly su-
pervised, directed, controlled, financed or subsidized in whole or in
substantial part by, a government of a foreign country or a foreign
political party, (ii) the identity of such foreign person is disclosed to
the agency or official of the United States with whom such activi-
ties are conducted, and (iii) whenever such foreign. person owns or
controls such domestic person, such activities are substantially in
furtherance of the bona fide commercial, industrial or financial in-
terests of such domestic person.
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I rvnriun nurvTS REGISTRATION 267
SEC. 2. [22 U.S.C. 612] (a) No person shall act as an agent of a
foreign principal unless he has filed with the Attorney General a
true and complete registration statement and supplements thereto
as required by this section 2(a) and section 2(b) hereof or unless he
is exempt from registration under the provisions of this Act.
Except as hereinafter provided, every person who becomes an
agent of a foreign principal shall, within ten days thereafter, file
with the Attorney General, in duplicate, a registration statement,
under oath on a form prescribed by the Attorney General. The obli-
gation of an agent of a foreign principal to file a registration state-
ment shall, after the tenth day of his becoming such agent, contin-
ue from day to day, and termination of such status shall not relieve
such agent from his obligation to file a registration statement for
the period during which he was an agent of a foreign principal.
The registration statement shall include the following which shall
be regarded as material for the purposes of this Act:
(1) Registrant's name, principal business address, and all
other business addresses in the United States or elsewhere,
and all residence addresses, if any;
(2) Status of the registrant; if an individual, nationality; if a
partnership, name, residence addresses, and nationality of each
partner and a true and complete copy of its articles of copart-
nership; if an - association, corporation, organization, or any
other combination of individuals, the name, residence address-
es, and nationality of each director and officer and of each
person performing the functions of a director or officer and a
true and complete copy of its charter, articles of incorporation,
association, constitution, and bylaws, and amendments thereto;
a copy of every other instrument or document and a statement
of the terms and conditions of every oral agreement relating to
its organization, powers, and purposes; and a statement of its
ownership and control;
(3) A comprehensive statement of the nature of registrant's
business; a complete list of registrant's employees and a state-
ment of the nature of the work of each; unless, and to the
extent, this requirement is waived in writing by the Attorney
General; the name and address of every foreign principal for
whom the registrant is acting, assuming or purporting to act
or has agreed to act; the character of the business or other ac-
tivities of every such foreign principal, and, if any such foreign
principal be other than a natural person, a statement of the
ownership and control of each; and the extent, if any, to which
each such foreign principal is supervised, directed, owned, con-
trolled, financed, or subsidized, in whole or in part, by any gov-
ernment of a foreign country or foreign political party, or by
any other foreign principal;
(4) Copies of each written agreement, and the terms and con-
ditions of each oral agreement, including all modifications of
such agreements, or, where no contract exists, a full statement
of all the circumstances, by reason of which the registrant is
an agent of a foreign principal; a comprehensive statement of
the nature and method of performance of each such contract,
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Z63 FOREIGN AGENTS REGISTRATION
and of the existing and proposed activity or activities engaged
in or to be engaged in by the registrant as agent of a foreign
principal for each such foreign principal, including a detailed
statement of any such activity which is a political activity;
(5) The nature and amount of contributions, income, money,
or thing of value, if any, that the registrant has received
within the preceding sixty days from each such foreign princi-
pal, either as compensation or for disbursement or otherwise,
and the form and time of each such payment and from whom
received;
(6) A detailed statement of every activity which the regis-
trant is performing or is assuming or purporting or has agreed
to perform for himself or any other person other than a for-
eign principal and which requires his registration hereunder,
including a detailed statement of any such activity which is a
political activity;
(7) The name, business, and residence addresses, and if an in-
dividual, the nationality, of any person other than a foreign
principal for whom the registrant is acting, assuming or pur-
porting to act or has agreed to act under such circumstances as
require his registration hereunder; the extent to which each
such person is supervised, directed, owned, controlled, fi-
nanced, or subsidized, in whole or in part, by any government
of a foreign country or foreign political party or by any other
foreign principal; and the nature and amount of contributions,
income, money, or thing of value, if any, that the registant has
received during the preceding sixty days from each such
person in connection with any of the activities referred to in
clause (6) of this subsection, either as compensation or for dis-
bursement or otherwise, and the form and time of each such
payment and from whom received;
(8) A detailed statement of the money and other things of
value spent or disposed of by the registrant during the preced-
ing sixty days in furtherance of or in connection with activities
which require his registration hereunder and which have been
undertaken by him either as a agent of a foreign principal or
for himself or any other person or in connection with any ac-
tivities relating to his becoming an agent of such principal, and
a detailed statement of any contributions of money or other
things of value made by him during the preceding sixty days
(other than contributions the making of which is prohibited
under the terms of section 613 of title 18, United States Code)
in connection with an election to any political office or in con-
nection with any primary election, convention, or caucus held
to select candidates for any political office;
(9) Copies of each written agreement and the terms and con-
ditions of each oral agreement, including all modifications of
such agreements, or, where no contract exists, a full statement
of all the circumstances, by reason of which the registrant is
performing or assuming or purporting or has ageed to perform
for himself or for a foreign principal or for any person other
than a foreign principal any activities which require his regis-
tration hereunder;
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i MM UM AUNTS REGISTRATION 269
(10) Such other statements, information, or documents perti-
nent to the purposes of this Act as the Attorney General,
having due regard for the national security and the public in-
terests, may from time to time require;
(11) Such further statements and such further copies of docu-
ments as are necessary to make the statements made in the
registration statement and supplements thereto, and the copies
of documents furnished therewith, not misleading.
(b) Every agent of a foreign principal who has filed a registration
statement required by section 2(a) hereof shall, within thirty days
after the expiration of each period of six months succeeding such
filing, file with the Attorney General a supplement thereto under
oath, on a form prescribed by the Attorney General, which shall
set forth with respect to such preceding six months' period such
facts as the Attorney General, having due regard for the national
security and the public interest, may deem necessary to make the
information required under section 2 hereof accurate, complete,
and current with respect to such period. In connection with the in-
formation furnished under clauses (3), (4), and (9) of section 2(a)
hereof, the registrant shall give notice to the Attorney General of
any changes therein within ten days after such changes occur. If
the Attorney General, having due regard for the national security
and the public interest, determines that it is necessary to carry out
the purposes of this Act, he may, in any particular case, require
supplements to the registration statement to be filed at more fre-
quent intervals in respect to all or particular items of information
to be furnished.
(c) The registration statement and supplements thereto shall be
executed under oath as follows: If the registrant is an individual,
by him; if the registrant is a partnership, by the majority of the
members thereof; if the registrant is a person other than an indi-
vidual or a partnership, by a majority of the officers thereof or per-
sons performing the functions of officers or by a majority of the
board of directors thereof or persons performing the functions of di-
rectors, if any.
(d) The fact that a registration statement or supplement thereto
has been filed shall not necessarily be deemed a full compliance
with this Act and the regulations thereunder on the part of the
registrant; nor shall it indicate that the Attorney General has in
any way passed upon the merits of such registration statement or
supplement thereto; nor shall it preclude prosecution, as provided
for in this Act, for willful failure to file a registration statement or
supplement thereto when due or for a willful false statement of a
material fact therein or the willful omission of a material fact re-
quired to be stated therein or the willful omission of a material
fact or copy of a material document necessary to make the state-
ments made in a registration statement and supplements thereto,
and the copies of documents furnished therewith, not misleading.
(e) If any agent of a foreign principal, required to register under
the provisions of this Act, has previously thereto registered with
the Attorney General under the provisions of the Act of October
17, 1940 (54 Stat. 1201), the Attorney General, in order to eliminate
inappropriate duplication, may permit the incorporation by refer-
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270 FOREIGN AGENTS REGISTRATION
ence in the registration statement or supplements thereto filed
hereunder of any information or documents previously filed by
such agent of a foreign principal under the provisions of the Act of
October 17, 1940 (54 Stat. 1201).
(f) The Attorney General may, by regulation, provide for the ex-
emption-
(1) from registration, or from the requirement of furnishing
any of the information required by this section, of any person
who is listed as a partner, officer, director, or employee -in the
registration statement filed by an agent of a foreign principal
under this Act, and
(2) from the requirement of furnishing any of the informa-
tion required by this section of any agent of a foreign princi-
pal,
where by reason of the nature of the functions or activities of such
person the Attorney General, having due regard for the national
security and the public interest, determines that such registration,
or the furnishing of such information, as the case may be, is not
necessary to carry out the purposes of this Act.
SEC. 3. [22 U.S.C. 613] The requirements of section 2(a) hereof
shall not apply to the following agents of foreign principals:
(a) A duly accredited diplomatic or consular officer of a foreign
government who is so recognized by the Department of State, while
said officer is engaged exclusively in activities which are recog-
nized by the Department of State as being within the scope of the
functions of such officer;
(b) Any official of a foreign government, if such government is
recognized by the United States, who is not a public-relations coun-
sel, publicity agent, information-service employee, or a citizen of
the United States, whose name and status and the character of
whose duties as such official are of public record in the Depart-
ment of State, while said official is engaged exclusively in activities
which are recognized by the Department of State as being within
the scope of the functions of such official;
(c) Any member of the staff of, or any person employed by, a
duly accredited diplomatic or consular officer of a foreign govern-
ment who is so recognized by the Department of State, other than
a public-relations counsel, publicity agent, or information-service
employee, whose name and status and the character of whose
duties as such member or employee are of public record in the De-
partment of State, while said member or employee is engaged ex-
clusively in the performance of activities which are recognized by
the Department of State as being within the scope of the functions
of such member or employee;
(d) Any person engaging or agreeing to engage only (1) in private
and nonpolitical activities in furtherance of the bona fide trade or
commerce of such foreign principal; or (2) in other activities not
serving predominantly a foreign interest; or (3) in the soliciting or
collecting of funds and contributions within the United States to be
used only for medical aid and assistance, or for food and clothing to
relieve human suffering, if such solicitation or collection of funds
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F unLIU1 nu'NTS REGISTRATION 271
and contributions is in accordance with and subject to the provi-
sions of the Act of November 4, 1939, as amended (54 Stat. 4),' and
such rules and regulations as may be prescribed thereunder;
(e) Any person engaging or agreeing to engage only in activities
in furtherance of bona fide religious, scholastic, academic, or scien-
tific pursuits or of the fine arts;
(f) Any person, or employee of such person, whose foreign princi-
pal is a government of a foreign country the defense of which the
President deems vital to the defense of the United States while, (1)
such person or employee engages only in activities which are in
furtherance of the policies, public interest, or national defense both
of such government and of the Government of the United States,
and are not intended to conflict with any of the domestic or foreign
policies of the Government of the United States, (2) each communi-
cation or expression by such person or employee which he intends
to, or has reason to believe will, be published, disseminated, or cir-
culated among any section of the public, or portion thereof, within
the United States, is a part of such activities and is believed by
such person to be truthful and accurate and the identity of such
person as an agent of such foreign principal is disclosed therein,
and (3) such government of a foreign country furnishes to the Sec-
retary of State for transmittal to, and retention for the duration of
this Act by, the Attorney General such information as to the iden-
tity and activities of such person or employee at such times as the
Attorney General may require. Upon notice to the Government of
which such person is an agent or to such person or employee, the
Attorney General, having due regard for the public interest and
national defense, may, with the approval of the Secretary of State,
and shall, at the request of the Secretary of State, terminate in
whole or in part the exemption herein of any such person or em-
ployee;
(g) Any person qualified to practice law, insofar as he engages or
agrees to engage in the legal representation of a disclosed foreign
principal before any court of law or any agency of the Government
of the United States: Provided, That for the purpose of this subsec-
tion legal representation does not include attempts to influence or
persuade agency personnel or officials other than in the course of
established agency proceedings, whether formal or informal.
FILING AND LABELING POLITICAL PROPAGANDA
SEC. 4. [22 U.S.C. 614] (a) Every person within the United
States who is an agent of a foreign principal and required to regis-
ter under the provisions of this Act and who transmits or causes to
be transmitted in the United States mails or by any means or in-
strumentality of interstate or foreign commerce any political prop-
aganda for or in the interests of such foreign principal (i) in the
form of prints, or (ii) in any other form which is reasonably adapt-
ed to being, or which he believes will be, or which he intends to be,
disseminated or circulated among two or more persons shall, not
later than forty-eight hours after the beginning of the transmittal
thereof, file with the Attorney General two copies thereof and a
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272 FOREIGN AGENTS REGISTRATION
statement, duly signed by or on behalf of such agent, setting forth
full information as to the places, times, and extent of such trans-
mittal.
(b) It shall be unlawful for any person within the United States
who is an agent of a foreign principal and required to register
under ? the provisions of this Act to transmit or cause to be trans-
mitted in the United States mails or by any means or instrumen-
tality of interstate or foreign commerce any political propaganda
for or in the interests of such foreign principal (i) in the form of
prints, or (ii) in any other form which is reasonably adapted to
being, or which he believes will be, or which he intends to be, dis-
seminated or circulated among two or more persons, unless such
political propaganda is conspicuously marked at its beginning with,
or prefaced or accompanied by, a true and accurate statement, in
the language or languages used in such political propaganda, set-
ting forth the relationship or connection between the person trans-
mitting the political propaganda or causing it to be transmitted
and such propaganda; that the person transmitting such political
propaganda or causing it to be transmitted is registered under this
Act with the Department of Justice, Washington, District of Colum-
bia, as an agent of a foreign principal, together with the name and
address of such agent of a foreign principal and of such foreign
principal; that, as required by this Act, his registration statement
is available for inspection at and copies of such political propagan-
da are being filed with the Department of Justice; and that regis-
tration of agents of foreign principals required by the Act does not
indicate approval by the United States Government of the contents
of their political propaganda. The Attorney General, having due
regard for the national security and the public interest, may by
regulation prescribe the language or languages and the manner
and form in which such statement shall be made and require the
inclusion of such other information contained in the registration
statement identifying such agent of a foreign principal and such
political propaganda and its sources as may be appropriate.
(c) The copies of political propaganda required by this Act to be
filed with the Attorney General shall be available for public inspec-
tion under such regulations as he may prescribe.
(d) For purposes of the Library of Congress, other than for public
distribution, the Secretary of the Treasury and the Postmaster
General are authorized, upon the request of the Librarian of Con-
gress, to forward to the Library of Congress fifty copies, or as many
fewer thereof as are available, of all foreign prints determined to
be prohibited entry under the provisions of section 305 of title III of
the Act of June 17, 1930 (46 Stat. 688), and of all foreign prints ex-
cluded from the mails under authority of section 1 of title XII of
the Act of June 15, 1917 (40 Stat. 230).
Notwithstanding the provisions of section 305 of title III of the
Act of June 17, 1930 (46 Stat. 688), and of section 1 of title XII of
the Act of June 15, 1917 (40 Stat. 230), the Secretary of the Treas-
ury is authorized to permit the entry and the Postmaster General
is authorized to permit the transmittal in the mails of foreign
prints imported for governmental purposes by authority or for the
use of the United States or for the use of the Library of Congress.
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I rui tiun HutrTS REGISTRATION 273
(e) It shall be unlawful for any person within the United States
who is an agent of a foreign principal required to register `under
the provisions of this Act to transmit, convey, or otherwise furnish
to any agency or official of the Government (including a Member
or committee of either House of Congress) for or in the interests of
such foreign principal any political propaganda or to request from
any such agency or official for or in the interests of such foreign
principal any information or advice with respect to any matter per-
taining to the political or public interests, policies or relations of a
foreign country or of a political party or pertaining to the foreign
or domestic policies of the United States unless the propaganda or
the request is prefaced or accompanied by a true and accurate
statement to the effect that such person is registered as an agent of
such foreign principal under this Act.
(f) Whenever any agent of a foreign principal required to register
under this Act appears before any committee of Congress to testify
for or in the interests of such foreign principal, he shall, at the
time of such appearance, furnish the committee with a copy of his
.most recent registration statement filed with the Department of
Justice as an agent of such foreign principal for inclusion in the
records of the committee as part of his testimony.
SEC. 5. [22 U.S.C. 615] Every agent of a foreign principal regis-
tered under this Act shall keep and preserve while he is an agent
of a foreign principal such books of account and other records with
respect to all his activities, the disclosure of which is required
under the provisions of this Act, in accordance with such business
and accounting practices, as the Attorney General having due
regard for the national security and the public interest, may by
regulation prescribe as necessary or appropriate for the enforce-
ment of the provisions of this Act and shall preserve the same for a
period of three years following the termination of such status.
Until regulations are in effect under this section every agent of a
foreign principal shall keep books of account and shall preserve all
written records with respect to his activities. Such books and
records shall be open at all reasonable times to the inspection of
any official charged with the enforcement of this Act. It shall be
unlawful for any person willfully to conceal, destroy, obliterate,
mutilate, or falsify, or to attempt to conceal, destroy, obliterate,
mutilate, or falsify, or to cause to be concealed, destroyed, obliterat-
ed, mutilated, or falsified, any books or records required to be kept
under the provisions of this section.
SEC. 6. [22 U.S.C. 616] The Attorney General shall retain in
permanent form one copy of all registration statements and all
statements concerning the distribution of political propaganda fur-
nished under this Act, and the same shall be public records and
open to public examination and inspection at such reasonable
hours, under such regulations, as the Attorney General may pre-
scribe, and copies of the same shall be furnished to every applicant
at such reasonable fee as the Attorney General may prescribe. The
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Z74 FOREIGN AGENTS REGISTRATION
Attorney General may withdraw from public examination the reg-
istration statement and other statement of any agent of a foreign
principal whose activities have ceased to be of a character which
requires registration under the provisions of this Act.
(b) The Attorney General shall, promptly upon receipt, transmit
one copy of every registration statement filed hereunder and one
copy of every amendment or supplement thereto, and one copy of
every item of political propaganda filed hereunder to the Secretary
of State for such comment and use as the Secretary of State may
determine to be appropriate from the point of view of the foreign
relations of the United States. Failure of the Attorney General so
to transmit such copy shall not be a bar to prosecution under this
Act.
(c) The Attorney General is authorized to furnish to departments
and agencies in the executive branch and committees of the Con-
gress such information obtained by him in the administration of
this Act, including the names of registrants under this Act, copies
of registration statements, or parts thereof, copies of political prop-
aganda, or other documents or information filed under this Act, as
may be appropriate in the light of the purposes of this Act.
[LIABILITY OF OFFICERS] 1
SEC. 7. [22 U.S.C. 617] Each officer, or person performing the
functions of an officer, and each director or person performing the
functions of.a director, of an agent of a foreign principal which is
not an individual shall be under obligation to cause such agent to
execute and file a registration statement and supplements thereto
as and when such filing is required under sections 2(a) and 2(b)
hereof and shall also be under obligation to cause such agent to
comply with all the requirements of sections 4(a), 4(b), and 5 and
all other requirements of this Act. Dissolution of any organization
acting as an agent of a foreign- principal shall not relieve any offi-
cer, or person performing the functions of an officer, or any direc-
tor, or person performing the functions of a director, from comply-
ing with the provisions of this section. In case of failure of any
such agent of a foreign principal to comply with any of the require-
ments of this Act, each of its officers, or persons performing the
functions of officers, and each of its directors, or persons perform-
ing the functions of directors, shall be subject to prosecution there-
for.
ENFORCEMENT AND PENALTIES
SEC. 8. [22 U.S.C. 618] (a) Any person who-
(1) willfully violates any provisions of this Act or any regula-
tions thereunder, or
(2) in any registration statement or supplement thereto or in
any statement under section 4(a) hereof concerning the distri-
bution of political propaganda or in any other documents filed
with or furnished to the Attorney General under the provi-
sions of this Act willfully makes a false statement of a materi-
I Section heading was omitted in the restatement of section 7 by section 2 of the Act of
August 3, 1950 (64 Stat. 400).
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I VI\LIMI\ IIML
al fact or willfully omits any material fact required to be
stated therein or willfully omits a material fact or a copy of a
material document necessary to make the statements therein
and the copies of documents furnished therewith not mislead-
ing, shall, upon conviction thereof, be punished by a fine of not
more than $10,000 or by imprisonment for not more than five
years, or both, except that in case of a violation of subsection
(b), (e), or (f) of section 4 or of subsection (g) or (h) of this sec-
tion the punishment shall be a fine of not more than $5,000 or
imprisonment for not more than six months, or both.
(b) In any proceeding under this Act in which it is charged that a
person is an agent of a foreign principal with respect to a foreign
principal outside of the United States, proof of the specific identity
of the foreign principal shall be permissible but not necessary.
(c) Any alien who shall be convicted of a violation of, or a con-
spiracy to violate, any provisions of this Act or any regulation
thereunder shall be subject to deportation in the manner provided
by sections 241, 242, and 243 of the Immigration and Nationality
Act [8 U.S.C.1251-1253].
(d) The Postmaster General may declare to be nonmailable any
communication or expression falling within clause (2) of section 1(j)
hereof in the form of prints or in any other form reasonably adapt-
ed to, or reasonably appearing to be intended for, dissemination or
circulation among two or more persons, which is offered or caused
to be offered for transmittal in the United States mails to any
person or persons in any other American republic by any agent of
a foreign principal, if the Postmaster General is informed in writ-
ing by the Secretary of State that the duly accredited diplomatic
representative of such American republic has made written repre-
sentation to the Department of State that the admission or circula-
tion of such communication or expression in such American repub-
lic is prohibited by the laws thereof and has requested in writing
that its transmittal thereto be stopped.
(e) Failure to file any such registration statement or supplements
thereto as is required by either section 2(a) or section 2(b) shall be
considered a continuing offense for as long as such failure exists,
notwithstanding any statute of limitation or other statute to the
contrary.
U) Whenever in the judgment of the Attorney General any
person is engaged in or about to engage in any acts which consti-
tute or will constitute a violation of any provision of this Act, or
regulations issued thereunder, or whenever any agent of a foreign
principal fails to comply with any of the provisions of this Act or
the regulations issued thereunder, or otherwise is in violation of
the Act, the Attorney General may make application to the appro-
priate United States district court for an order enjoining such acts
or enjoining such person from continuing to act as an agent of such
foreign principal, or for an order requiring compliance with any ap-
propriate provision of the Act or regulation thereunder. The dis-
trict court shall have jurisdiction and authority to issue a tempo-
rary or permanent injunction, restraining order or such other
order which it may deem proper.
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Lib ruItiiN AUNTS REGISTRATION
(g) If the Attorney General determines that a registration state-
ment does not comply with the requirements of this Act or the reg-
ulations issued thereunder, he shall so notify the registrant in writ-
ing, specifying in what respects the statement is deficient. It shall
be unlawful for any person to act as an agent of a foreign principal
at any time ten days or more after receipt of such notification
without filing an amended registration statement in full compli-
ance with the requirements of this Act and the regulations issued
thereunder.
(h) It shall be unlawful for any agent of a foreign principal re-
quired to register under this Act to be a party to any contract,
agreement, or understanding, either expressed or implied, with
such foreign principal pursuant to which the amount or payment
of the compensation, fee, or other remuneration of such agent is
contingent in whole or in part upon the success of any political ac-
tivities carried on by such agent.
SEC. 9. [22 U.S.C. 619] This Act shall be applicable in the sever-
al States, the District of Columbia, the Territories, the Canal Zone,
the insular possessions, and all other places now or hereafter sub-
ject to the civil or military jurisdiction of the United States.
SEC. 10. [22 U.S.C. 620] The Attorney General may at any time
make, prescribe, amend, and rescind such rules, regulations, and
forms as he may deem necessary to carry out the provisions of this
Act.
SEC. 11. [22 U.S.C. 621] The Attorney General shall, from time
to time, make a report to the Congress concerning the administra-
tion of this Act, including the nature, sources, and content of politi-
cal propaganda disseminated or distributed.
SEC. 12. [22 U.S.C. 611 note] If any provision of this Act, or the
application thereof to any person or circumstances, is held invalid,
the remainder of the Act, and the application of such provisions to
other persons or circumstances, shall not be affected thereby.
SEC. 13. [22 U.S.C. 611 note][ This Act is in addition to and not
in substitution for any other existing statute.
SEC. 14. [22 U.S.C. 611 note] This Act may be cited as the "For-
eign Agents Registration Act of 1938, as amended."
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ACT OF AUGUST 1, 1956 (REGISTRATION OF CERTAIN
PERSONS TRAINED IN FOREIGN ESPIONAGE SYSTEMS)
AN ACT To require the registration of certain persons who have knowledge of or
have received instruction or assignment in the espionage, counterespionage, or
sabotage service or tactics of a foreign government or foreign political party, and
for other purposes. .
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
[The first section consisted of an amendment to the Internal Se-
curity Act of 1950.]
SEC. 2. [50 U.S.C. 851] Except as provided in section 3 of this
Act, every person who has knowledge of, or has received instruc-
tion or assignment in, the espionage, counterespionage, or sabotage
service or tactics of a government of a foreign country or of a for-
eign political party, shall register with the Attorney General by
filing with the Attorney General a registration statement in dupli-
cate, under oath, prepared and filed in such manner and form, and
containing such statements, information, or documents pertinent to
the purposes and objectives of this Act as the Attorney General,
having due regard for the national security and the public interest,
by regulations prescribes.
SEC. 3. [50 U.S.C. 852] The registration requirements of section
2 of this Act do not apply to any person-
(a) who has obtained knowledge of or received instruction or
assignment in the espionage, counterespionage, or sabotage
service or tactics of a foreign government or foreign political
party by reason of civilian, military, or police service or em-
ployment with the United States Government, the govern-
ments of the several States, their political subdivisions, the
District of Columbia, the Territories, or the Canal Zone;
(b) who has obtained such knowledge solely by reason of aca-
demic or personal interest not under the supervision of or in
preparation for service with the government of a foreign coun-
try or a foreign political party;
(c) who has made full disclosure of such knowledge, instruc-
tion, or assignment to officials within an agency of the United
States Government having responsibilities in the field of intel-
ligence, which disclosure has been made a matter of record in
the files of such agency, and concerning whom a written deter-
mination has been made by the Attorney General or the Direc-
tor of Central Intelligence that registration would not be in the
interest of national security;
(d) whose knowledge of, or receipt of instruction or assign-
ment in, the espionage, counterespionage, or sabotage service
or tactics of a government of a foreign country or of a foreign
political party, is a matter of record in the files of an agency of
the United States Government having responsibilities in the
277
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278 FOREIGN ESPIONAGE SYSTEMS
field of intelligence and concerning whom a written determina-
tion is made by the Attorney General or the Director of Cen-
tral Intelligence, based on all information available, that regis-
tration would not be in the interest of national security;
(e) who is a duly accredited diplomatic or consular officer of
a foreign government, who is so recognized by the Department
of State, while he is engaged exclusively in activities which are
recognized by the Department of State as being within the
scope of the functions of such officer, and any member of his
immediate family who resides with him;
(f) who is an official of a foreign government recognized by
the United States, whose name and status and the character of
:,whose duties as such official are of record in the Department
of State, and while he is engaged exclusively in activities
which are recognized by the Department of State as being
within the scope of the functions of such official, and any
member of his immediate family who resides with him;
(g) who is a member of the staff of or employed by a duly
accredited diplomatic or consular officer of a foreign govern-
ment who is so recognized by the Department of State, and
whose name and status and the character of whose duties as
such member or employee are a matter of record in the De-
partment of State, while he is engaged exclusively in the per-
formance of activities recognized by the Department of State
as being within the scope of the functions of such member or
employee;
(h) who is an officially acknowledged and sponsored repre-
sentative of a foreign government and is in the United States
on an official mission for the purpose of conferring or other-
wise cooperating- with United States intelligence or security
personnel;
(i) who is a civilian or one of the military personnel of a for-
eign armed service coming to the United States pursuant to ar-
rangements made under a mutual defense treaty or agree-
ment, or who has been invited to the United States at the re-
quest of an agency of the United States Government; or
(j) who is a person designated by a foreign government to
serve as its representative in or to an international organiza-
tion in which the United States participates or is an officer or
employee of such an organization or who is a member of the
immediate family of, and resides with, such a representative,
officer, or employee.
SEC. 4. [50 U.S.C. 853] The Attorney.-General shall retain in
permanent form one copy of all registration statements filed under
this Act. They shall be public records and open to public examina-
tion at such reasonable hours and under such regulations as the
Attorney General prescribes, except that the Attorney General,
having due regard for the national security and public interest,
may withdraw any registration statement from public examination.
SEC. 5. [50 U.S.C. 854] The Attorney General may at any time,
make, prescribe, amend, and rescind such rules, regulations, and
forms as he deems necessary to carry out the provisions of this Act.
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I runtiuiv tariONAGE SYSTEMS 279
SEC. 6. [50 U.S.C. 855] (a) Whoever willfully violates any provi-
sion of this Act or any regulation thereunder, or in any registra-
tion statement willfully make a false statement of a material- fact
or willfully omits any material fact, shall be fined not more than
$10,000 or imprisoned for not more than five years, or both.
(b) Any alien convicted of a violation of this Act or any regula-
tion thereunder is subject to deportation in the manner provided
by chapter 5, title II, of the Immigration and Nationality Act (66
Stat. 163).
SEC. 7. [50 U.S.C. 856] Failure to file a registration statement
as required by this Act is a continuing offense for as long as such
failure exists, notwithstanding any statute of limitation or other
statute to the contrary.
SEC. 8. [50 U.S.C. 857] Compliance with the registration provi-
sions of this Act does not relieve any person from compliance with
any other applicable registration statute.
SEC. 9. [50 U.S.C. 851 note] If any provision of this Act or the
application thereof to any person or circumstances is held invalid,
the remainder of the Act, and the application of such provisions to
other persons or circumstances, is not affected thereby.
SEC. 10. [50 U.S.C. 858] This Act applies to and within the
Canal Zone.
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D.-IMMIGRATION LAWS
SELECTED PROVISIONS -OF THE IMMIGRATION AND
NATIONALITY ACT
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act, di-
vided . into titles, chapters, and sections according to the following
table of contents, may be cited as the "Immigration and National-
ity Act" [8 U.S.C. 1101 note].
SECTION 101. 18 U.S.C. 1101] (a) As used in this Act-
(1) The term "administrator" means the Assistant Secretary of
State for Consular Affairs.
(2) The term "advocates" includes, but is not limited to, advises,
recommends, furthers by overt act, and admits belief in.
(3) The term "alien" means any person not a citizen or national
of the United States.
(4) The term "`application for admission" has reference to the ap-
plication for admission into the United States and not to the appli-
cation for the issuance of an immigrant or nonimmigrant visa.
(40) The term "world communism" means a revolutionary move-
ment, the purpose of which is to establish eventually a Communist
totalitarian dictatorship in any or all the countries of the world
through the medium of an. internationally coordinated Communist
political movement.
(42) The term "refugee" means (A) any person who.is outside any
country of such person's nationality or, in the case of a person
having no nationality, is outside any country in which such person
last habitually resided, and who is unable or unwilling to return to,
and is unable or unwilling to avail himself or herself of the protec-
tion of, that country because of persecution or a well-founded fear
of persecution on account of race, religion, nationality, membership
in a particular social group, or political opinion, or (B) in such cir-
cumstances as the President after appropriate consultation (as de-
fined in section 207(e) of this Act) may specify, any person who is
within the country of such person's nationality or, in the case of a
person having no nationality, within the country in which such
person is habitually residing, and who is persecuted or who has a
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[ac immiGNATION LAWS
well-founded fear of persecution on account of race, religion, na-
tionality, membership in a particular social group, or political opin-
ion. The term "refugee" does not include any person who ordered,
incited, assisted, or otherwise participated in the persecution of any
person on account of race, religion, nationality, membership in a
particular social group, or political opinion.
(e) For the purpose of this Act-
(1) The giving, loaning, or promising of support or of money or
any other thing of value to be used for advocating any doctrine
shall constitute the advocating of such doctrine; but nothing in this
paragraph shall be construed as an exclusive definition of advocat-
ing.
(2) The giving, loaning or promising of support or of money or
any other thing of value for any purpose to any organization shall
be presumed to constitute affiliation therewith; but nothing in this
paragraph shall be construed as an exclusive definition of affili-
ation.
Advocating the economic, international, and governmental doc-
trines of world communism means advocating the establishment of
a totalitarian Communist dictatorship in any or all of the countries
of the world through the medium of an internationally coordinated
Communist movement.
APPLICABILITY OF TITLE II TO CERTAIN NONIMMIGRANTS
SEC. 102. [8 U.S.C. 1102] Except as otherwise provided. in this
Act, for so long as they continue in the nonimmigrant classes' enu-
merated in this section, the provisions of this Act relating to ineli-
gibility to receive visas and the exclusion or deportation of aliens
shall not be construed to apply to nonimmigrants-
(1) within the class described in paragraph (15)(A)(i) of sec-
tion 101(a), except those provisions relating to reasonable re
quirements of passports and visas as a means of identification
and documentation necessary to establish their qualifications
under such paragraph (15)(A)(i), and, under such rules and reg-
ulations as the President may deem to be necessary, the provi-
sions of paragraph (27) of section 212(a); (2) within the class de-
scribed in paragraph (15)(G)(i) of section 101(a), except those
provisions relating to reasonable requirements of passports and ?
visas as a means of identification and documenta[t]ion neces-
sary to establish their qualifications under such paragraph
(15)(G)(i), and the provisions of paragraph (27) of section 212(a);
and (3) within the classes described in paragraphs (15)(A)(ii),
(15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 101(a), except those
provisions relating to reasonable requirements of passports and
visas as a means of identification and documentation necessary
to establish their qualifications under such paragraphs, and
the provisions of paragraphs (27) and (29) of section 212(a).
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SEC. 105. [8 U.S.C. 1105] The Commissioner and the Assistant
Secretary of State for Consular Affairs shall have authority to
maintain direct and continuous liaison with the Directors of the
Federal Bureau of Investigation and the Central Intelligence
Agency and with other internal security officers of the Government
for the purpose of obtaining and exchanging information for use in
enforcing the provisions of this Act in the interest of the internal
security of the United States. The Commissioner and the Assistant
Secretary of State for Consular Affairs shall maintain direct and
continuous liaison with each other with a view to a coordinated,
uniform, and efficient administration of this Act, and all other im-
migration and nationality laws.
ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF EMERGENCY
SITUATION REFUGEES
SEC. 207. [8 U.S.C. 1157] (a) * * *
* * * * * *
(c)(1) Subject to the numerical limitations established pursuant to
subsections (a) and (b), the Attorney General may, in the Attorney
General's discretion and pursuant to such regulations as the Attor-
ney General may prescribe, admit any refugee who is not firmly
resettled in any foreign country, is determined to be of special hu-
manitarian concern to the United States, and is admissible (except
as otherwise provided under paragraph (3)) as an immigrant under
this Act.
(3) The provisions of paragraphs (14), (15), (20), (21), (25), and (32)
of section 212(a) shall not be applicable to any alien seeking admis-
sion to the United States under this subsection, and the Attorney
General may waive any other provision of such section (other than
paragraph (27), (29), or (33) and other than so much of paragraph
(23) as relates to trafficking in narcotics) with respect to such an
alien for humanitarian purposes, to assure family unity, or when it
is otherwise in the public interest. Any such waiver by the Attor-
ney General shall be in writing and shall be granted only on an
individual basis following an investigation. The Attorney General
shall provide for the annual reporting to Congress of the number of
waivers granted under this paragraph in the previous fiscal year
and a summary of the reasons for granting such waivers.
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LO' ImmiuK/%TION LAWS
CHAPTER 2-QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL
CONTROL OF CITIZENS AND ALIENS
GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND
EXCLUDED FROM ADMISSION; WAIVERS OF INADMISSIBILITY
SEC. 212. [8 U.S.C. 1182] (a) Except as otherwise provided in
this Act,' the following classes of aliens shall be ineligible to re-
ceive visas and shall be excluded from admission into the United
States:
(1) * * *
* * * * * * *
(27) 2 Aliens who the consular officer or the Attorney General
knows or has reason to believe seek to enter the United States
solely, principally, or incidentally to engage in activities which
would be prejudicial to the public interest, or endanger the welfare,
safety, or security of the United States;
(28) 3 Aliens who are, or at any time have been, members of any
of the following classes:
(A) Aliens who are anarchists:
(B) Aliens who advocate or teach, or who are members of or
affiliated with any organization that advocates or teaches, op-
position to all organized government;
(C) 4 Aliens who are members of or affiliated with (i) the
Communist Party of the United States, (ii) any other totalitar-
I Section 7 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403(h) provides as follows:
SEC. 7. Whenever the Director [of Central Intelligence], the Attorney General, and Commis-
sioner of Immigration [and Naturalization] shall determine that the entry of a particular alien
into the United States for permanent residence is in the interest of national security or essen-
tial to the furtherance of the national intelligence mission, such alien and his immediate family
shall be given entry into the United States for permanent residence without regard to their in-
admissibility under the Immigration or any other laws and regulations, or to the failure to
comply with such laws and regulations pertaining to admissibility: Provided, That the number
of aliens and members of their immediate families entering the United States under the author-
ity of this section shall in no case exceed one hundred persons in any one fiscal year.
2 Section 4 of the Atomic Weapons and Special Nuclear Materials Rewards Act (50 U.S.C. 47c)
provides as follows:
SEC. 4. If the information leading to an award under section 3 [viz., concerning illegal intro-
duction, manufacture, acquisition, and export of special nuclear material or atomic weapons or
conspiracies related thereto] is furnished by an alien, the Secretary of State, the Attorney Gen-
eral, and the Director of Central Intelligence, acting jointly, may determine that the entry of
such alien into the United States is in the public interest and, in that event, such alien and the
members of his immediate family may receive immigrant visas and may be admitted to the
United States for permanent residence, notwithstanding the requirements of the Immigration
and Nationality Act.
2 Title IV of the Intelligence and Intelligence-related Activities Authorization Act for Fiscal
Year 1979 (Pub. L. 95-370, Sept. 17, 1978, 92 Stat. 627) provides as follows:
TITLE IV-ADMISSION OF CERTAIN EXCLUDABLE ALIENS
SEC. 401. By October 30, 1979, the Attorney General shall report to the Permanent Select
Committee on Intelligence and the Committee on the Judiciary of the House of Representatives
and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate
regarding those cases during the period beginning on October 1, 1978, and ending on September
30, 1979, in which (1) the Director of the Federal Bureau of Investigation has notified the Attor-
ney General that the Director knows or has reason to believe that an alien applying for admis-
sion into the United States is an excludable alien under the terms of section 212(a) (27), (28), or
(29) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), and (2) such alien is subsequently
admitted into the United States.
4 See the so-called McGovern amendment, post at page 303.
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^ ........ -
ian party of the United States, (iii) the Commuist Political As-
sociation, (iv) the Communist or any other totalitarian party of
any State of the United States of any foreign state or of any
political or geographical subdivision of any foreign state, (v)
any section, subsidiary, branch, affilate, or subdivision of any
such association or party, or (vi) the direct predecessors or suc-
cessors of any association of party, regardless of what name
such group or organization may have used, may now bear, or
may hereafter adopt: Provided, That nothing in this para-
graph, or in any other provision of this Act, shall be construed
as declaring that the Communist Party does not advocate the
overthrow of the Government of the United States by force, vi-
olence, or other unconstitutional means;
(D) Aliens not within any of the other provisions of this
paragraph who advocate the economic, international, and gov-
ernmental doctrines of world communism or the establishment
in the United States of a totalitarian dictatorship, or who are
members of or affiliated with any organization that advocates
the economic, international, and governmental doctrines of
world communism or the establishment in the United States of
a totalitarian dictatorship, either through its own utterances
or through any written or printed publications issued or pub-
lished by or with the permission or consent of or under the au-
thority of such organization or paid for by the funds of, or
funds furnished by, such organization;
(E) Aliens not within any of the other provisions of this para-
graph, who are members of or affiliated with any organization
during the time it is registered or required to be registered
under section 7 of the Subversive Activities Control Act of
1950,1 unless such aliens establish that they did not have
knowledge or reason to believe at the time they became mem-
bers of or affiliated with such an organization (and did not
thereafter and prior to the date upon which such organization
was so registered or so required to be registered have such
knowledge or reason to believe) that such organization was a
Communist organization;
(F) Aliens who advocate or teach or who are members of or
affiliated with any organization that advocates or teaches (i)
the overthrow by force, violence, or other unconstitutional
means of the Government of the United States or of all forms
of law; or (ii) the duty, necessity, or propriety of the unlawful
assaulting or killing of any officer or officers (either of specific
individuals or of officers generally) of the Government of the
United States or of any other organized government, because
of his or their official character; or (iii) the unlawful damage,
injury, or destruction of property; or (iv) sabotage;
(G) Aliens who write or publish, or cause to be written or
published, or who knowingly circulate, distribute, print, or dis-
play, or knowingly cause to be circulated, distributed, printed,
published, or displayed, or who knowingly have in their posses-
I Section 7 of the Subversive Activities Control Act of 1950 (50 U.S.C. 786) was repealed by the
Act of Jan. 2, 1968 (81 Stat. 766).
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sion for the purpose of circulation, publication, distribution, or
display, any written or printed matter, advocating or teaching
opposition to all organized government, or advocating or teach-
ing (i) the overthrow by force, violence, or other unconstitu-
tional means of the Government of the United States or of all
forms of law; or (ii) the duty, necessity, or propriety of the un-
lawful assaulting or killing of any officer or officers (either of
specific individuals or of officers generally) of the Government
of the United States or of any other organized government, be-
cause of his or their official character; or (iii) the unlawful
damage, injury, or destruction of property; or (iv) sabotage; or
(v) the economic, international, and governmental doctrines of
world communism or the establishment in the United States of
a totalitarian dictatorship;
(H) Aliens who are members of or affiliated with any organi-
zation that writes, circulates, distributes, prints, publishes, or
displays, or causes to be written, circulated, distributed, print-
ed, published, or displayed, or that has in its possession for the
purpose of circulation, distribution, publication, issue, or dis-
play, any written or printed matter of the character described
in paragraph (G);
(I) Any alien who is within any of the classes described in
subparagraphs (B), (C), (D), (E), (F), (G), and (H) of this para-
graph because of membership in or affiliation with a party or
organization or a section, subsidiary, branch, affiliate, or subdi-
vision thereof, may, if not otherwise ineligible, be issued a visa
if such alien establishes to the satisfaction of the consular offi-
cer when applying .for a visa and the consular officer finds that
(i) such membership or affiliation is or was involuntary, or is
or was solely when under sixteen years of age, by operation of
law, or for purposes of obtaining employment, food rations, or
other essentials of living and where necessary for such pur-
poses, or (ii)(a) since the termination of such membership or af-
filiation, such alien is and has been, for at least five years
prior to the date of the application for a visa, actively opposed
to the doctrine, program, principles, and ideology of such party
or organization or the section, subsidiary, branch, or affiliate
or subdivision thereof, and (b) the admission of such alien into
the United States would be in the public interest. Any such
alien to whom a visa has been issued under the provisions of
this subparagraph may, if not otherwise inadmissible, be ad-
mitted into the United States if he shall establish to the satis-
faction of the Attorney General when applying for admission
to the United States and the Attorney General finds that (i)
such membership or affiliation is or was involuntary, or is or
was solely when under sixteen years of age, by operation of
law, or for purposes of obtaining employment, food rations, or
other essentials of living and when necessary for such pur-
poses, or (ii)(a) since the termination of such membership or af-
filiation, such alien. is and has been, for at least five years
prior to the date of the application for admission actively op-
posed to the doctrine, program, principles, and ideology of such
party or organization or the section, subsidiary, branch, or af-
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filiate or subdivision thereof, and (b) the admission of such
alien into the United States would be in the public interest.
The Attorney General shall promptly make a detailed report
to the Congress in the case of each alien who is or shall be ad-
mitted into the United States under (ii) of this subparagraph;
(29) Aliens with respect to whom the consular officer or the At-
torney General knows or has reasonable ground to believe probably
would, after entry, (A) engage in activities which would be prohibit-
ed by the laws of the United States relating to espionage, sabotage,
public disorder, or in other activity subversive to the national secu-
rity, (B) engage in any activity a purpose of which is the opposition
to, or the control or overthrow of, the Government of the United
States, by force, violence, or other unconstitutional means, or (C)
join, affiliate with, or participate in the activities of any organiza-
tion which is registered or required to be registered under section 7
of the Subversive Activities Control Act of 1950;1
(33) Any alien who during the period beginning on March 23,
1933, and ending on May 8, 1945, under the direction of, or in asso-
ciation with-
(A) the Nazi government in Germany,
(B) any government in any area occupied by the military
forces of the Nazi government of Germany,
(C) any government established with the assistance or coop-
eration of the Nazi government of Germany, or
(D) any government which was an ally of the Nazi govern-
ment of Germany,
ordered, incited, assisted, or otherwise participated in the persecu-
tion of any person because of race, religion, national origin, or po-
litical opinion.
(d)(1) * * *
(2) The provisions of paragraph (28) of subsection (a) of this sec-
tion shall not be applicable to any alien who is seeking to enter the
United States temporarily as a nonimmigrant under paragraph
(15)(A)(iii) or (15)(G)(v) of section 101(a).
(3) Except as provided in this subsection,2 an alien (A) who is ap-
plying for a nonimmigrant visa and is known or believed by the
consular officer to be ineligible for such visa under one or more of
the paragraphs enumerated in subsection (a) (other than para-
graphs (27), (29), and (33)), may, after approval by the Attorney
General of a recommendation by the Secretary of State or by the
consular officer that the alien be admitted temporarily despite his
inadmissibility, be granted such a visa and may be admitted into
the United States temporarily as a nonimmigrant in the discretion
of the Attorney General, or (B) who is inadmissible under one or
more of the paragraphs enumerated in subsection (a) (other than
paragraphs (27), (29), and (33)), but who is in possession of appropri-
ate documents or is granted a waiver thereof and is seeking admis-
'Section 7 of the Subversive Activities Control Act of 1950 (50 U.S.C. 786) was repealed by the
Act of Jan. 2, 1968 (81 Stat. 766).
2 See the so-called McGovern amendment, post at page 303.
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Sion, may be admitted into the United States temporarily as a non-
immigrant in the discretion of the Attorney General.
* * * *
(6) The Attorney General shall prescribe conditions, including ex-
action of such bonds as may be necessary, to control and regulate
the admission and return of excludable aliens applying for tempo-
rary admission under this subsection.
(8) Upon a basis of reciprocity accredited officials of foreign gov-
ernments, their immediate families, attendants, servants, and per-
sonal employees may be admitted in immediate and continuous
transit through the United States without regard to the provisions
of this section except paragraphs (26), (27), and (29) of subsection (a)
of this section.
TRAVEL DOCUMENTATION OF ALIENS AND CITIZENS
SEC. 215. [8 U.S.C. 1185] (a) Unless otherwise ordered by the
President, it shall be unlawful-
(1) for any alien to depart from or enter or attempt to depart
from or enter the United States except under such reasonable
rules, regulations, and orders, and subject to such limitations
and exceptions as the President may prescribe;
(2) for any person to transport or attempt to transport from
or into the United States another person with knowledge or
reasonable cause to believe that the departure or entry of such
other person is forbidden by this section.
(3) for any person knowingly to make any false statement in
an application for permission to depart from or enter the
United States with intent to induce or secure the granting of
such permission either for himself or for another;
(4) for any person knowingly to furnish or attempt to furnish
or assist in furnishing to another a permit or evidence of per-
mission to depart or enter not issued and designed for such
other person's use;
(5) for any person knowingly to use or attempt to use any
permit or evidence of permission to depart or enter not issued
and designed for his use;
(6) for any person to forge, counterfeit, mutilate, or alter, or
cause or procure to be forged, counterfeited, mutilated, or al-
tered, any permit or evidence of permission to depart from or
enter the United States;
(7) for any person knowingly to use or attempt to use or fur-
nish to another for use any false, forged, counterfeited, muti-
lated, or altered permit, or evidence of permission, or any
permit or evidence of permission which, though originally
valid, has become or been made void or invalid.
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SEC. 222. [8 U.S.C. 1202] (a)
* * * * * * *
(f)1 The records of the Department of State and of diplomatic and
consular offices of the United States pertaining to the issuance or
refusal of visas or permits to enter the United States shall be con-
sidered confidential and shall be used only for the formulation,
amendment, administration, or enforcement of the immigration,
nationality, and other laws of the United States, except that in the
discretion of the Secretary of State certified copies of such records
may be made available to a court which certifies that the informa-
tion contained in such records is needed by the court in the inter-
est of the ends of justice in a case pending before the court.
CHAPTER 4-PROVISIONS RELATING TO ENTRY AND EXCLUSION
INSPECTION BY IMMIGRATION OFFICERS
SEC. 235. [8 U.S.C. 1225] (a)
* * * * * * *
(c) Any alien (including an alien crewman) who may appear to
the examining immigration officer or to the special inquiry officer
during the examination before either of such officers to be excluda-
ble under paragraph (27), (28), or (29) of section 212(a) shall be tem-
porarily excluded, and no further inquiry by a special inquiry offi-
cer shall be conducted until after the case is reported to the Attor-
ney General together with any such written statement and accom-
panying information, if any, as the alien or his representative may
desire to submit in connection therewith and such an inquiry or
further inquiry is directed by the Attorney General. If the Attor-
ney General is satisfied that the alien is excludable under any of
such paragraphs on the basis of information of a confidential
nature, the disclosure of which the Attorney General, in the exer-
cise of his discretion, and after consultation with the appropriate
security agencies of the Government, concludes would be prejudi-
cial to the public interest, safety, or security, he may in his discre-
tion order such alien to be excluded and deported without any in-
quiry or further inquiry by a special inquiry officer. Nothing in
this subsection shall be regarded as requiring an inquiry before a
special inquiry officer in the case of an alien crewman.
1 The Department of State has cited this provision as the basis for the exemption of visa
records from disclosure under section 552(b)(3) of title 5, United States Code (popularly known as
the Freedom of Information Act).
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CHAPTER 5-DEPORTATION; ADJUSTMENT OF STATUS
GENERAL CLASSES OF DEPORTABLE ALIENS
SEC. 241. [8 U.S.C. 1251] (a) Any alien in the United States (in-
cluding an alien crewman) shall, upon the order of the Attorney
General, be deported who-
(1) * * *
* * * * * * *
(5) has failed to comply with the provisions of section 265
unless he establishes to the satisfaction of the Attorney Gener-
al that such failure was reasonably excusable or was not will-
ful, or has been convicted under section 266(c) of this title, or
under section 36(c) of the Alien Registration Act, 1940,1 or has
been convicted of violating or conspiracy to violate any provi-
sion of the Act entitled "An Act to require the registration of
certain persons employed by agencies to disseminate propagan-
da in the United States, and for other purposes", approved
June 8, 1938, as amended 2 [22 U.S.C 618(c)], or has been con-
victed under section 1456 of title 18 of the United States Code;
(6) is or at any time has been, after entry, a member of any
of the following classes of aliens:
(A) Aliens who are anarchists;
(B) Aliens who advocate or teach, or who are members of
or affiliated with any organization that advocates or teach-
es, opposition to all organized government;
(C) Aliens who are members of or affiliated with (i) the
Communist Party of the United States; (ii) any other to-
talitarian party of the United States; (iii) the.Communist
Political Association; (iv) the Communist or any other to-
talitarian party of any State of the United States, of any
foreign state, or of any political or geographical subdivi-
sion of any foreign state; (v) any section, subsidiary,
branch, affiliate, or subdivision of any such association or
party; or (vi) the direct predecessors or successors of any
such association or party, regardless of what name such
group or organization may have used, may now bear, or
may hereafter adopt: Provided, That nothing in this para-
graph, or in any other provision of this Act, shall be con-
strued as declaring that the Communist Party does not ad-
vocate the overthrow of the Government of the United
States by force, violence, or. other unconstitutional means;
(D) Aliens not within any of the other provisions of this
paragraph who advocate the economic, international, and
governmental doctrines of world communism or the estab-
lishment in the United States of a totalitarian dictator-
ship, or who are members of or affiliated with any organi-
zation that advocates the economic, international, and gov-
ernmental doctrines of world communism or the establish-
ment in the United States of a totalitarian dictatorship,
' Section 36 of the Alien Registration Act, 1940 (8 U.S.C. 457) was repealed by the Act of June
27, 1952 (66 Stat. 280).
2 The cited Act is set out ante at page 263.
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either through its own utterances or through any written
or printed publications issued or published by or with the
permission or consent of or under the authority of such or-
ganization or paid for by the funds of, or funds furnished
by, such organization;
(E) Aliens not within any of the other provisions of this
paragraph, who are members of or affiliated with any or-
ganization during the time it is registered or required to
be registered under section 7 of the Subversive Activities
Control Act of 1950, unless such aliens establish that they
did not have knowledge or reason to believe at the time
they became members of or affiliated with such an organi-
zation (and did not thereafter and prior to the date upon
which such organization was so registered or so required to
be registered have such knowledge or reason to believe)
that such organization was a Communist organization;
(F) Aliens who advocate or teach or who are members of
or affiliated with any organization that advocates or teach-
es (i) the overthrow by force, violence, or other unconstitu-
tional means of the Government of the United States or of
all forms of law; or (ii) the duty, necessity, or propriety of
the unlawful assaulting or killing of any officer or officers
(either of specific individuals or of officers generally) of the
Government of the United States or of any other organized
government, because of his or their official character; or
(iii) the unlawful damage, injury, or destruction of proper-
ty; or (iv) sabotage;
(G) Aliens who write or publish, or cause to be written
or published, or who knowingly circulate, distribute, print,
or display, or knowingly cause to be circulated, distributed,
printed, published, or displayed, or who knowingly have in
their possession for the purpose of circulation, publication,
distribution, or display, any written or printed matter, ad-
vocating or teaching opposition to all organized govern-
ment, or advocating or teaching (i) the overthrow by force,
violence, or other unconstitutional means of the Govern-
ment of the United States or of all forms of law; or (ii) the
duty, necessity, or propriety of the unlawful assaulting or
killing of any officer or officers (either of specific individ-
uals or of officers generally) of the Government of the
United States or of any other organized government, be-
cause of his or their official character; or (iii) the unlawful
damage, injury, or destruction of property; or (iv) sabotage;
or (v) the economic, international, and governmental doc-
trines of world communism or the establishment in the
United States of a totalitarian dictatorship;
(H) Aliens who are members of or affiliated with any or-
ganization that writes, circulates, distributes, prints, pub-
lishes, or displays, or causes to be written, circulated, dis-
tributed, printed, published, or displayed, or that has in its
possession for the purpose of circulation, distribution, pub-
lication, issue, or display, any written or printed matter of
the character described in paragraph (G);
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(7) is engaged, or at any time after entry has engaged, or at
any time after entry has had a purpose to engage, in any of
the activities described in paragraph (27) or (29) of section
212(a), unless the Attorney General is satisfied, in the case of
any alien within category (C) of paragraph (29) of such section,
that such alien did not have knowledge or reason to believe at
the time such alien became a member of, affiliated with, or
participated in the activities of the organization (and did not
thereafter and prior to the date upon which such organization
was registered or required to be registered under section 7 of
the Subversive Activities Control Act of 1950 1 have such
knowledge or reason to believe) that such organization was a
Communist organization;
* * * *
(15) at any time within five years after entry, shall have
been convicted of violating the provisions of title I of the Alien
Registration Act, 1940 [18 U.S.C. 2385, 2387]; a
(16) at any time after entry, shall have been convicted more
than once of violating the provisions of title I of the Alien Reg-
istration Act, 1940; or
(17) the Attorney General finds to be an undesirable resident
of the United States by reason of any of the following, to wit:
has been or may hereafter be convicted of any violation or con-
spiracy to violate any of the following Acts or parts of Acts or
any amendment thereto, the judgment on such conviction
having become final, namely; an act entitled "An Act to
punish acts of interference with the foreign relations, the neu-
trality, and the foreign commerce of the United States, to
punish espionage, and better to enforce the criminal laws of
the United States, and for other purposes", approved June 15,
1917, or the amendment thereof approved May 16, 1918; sec-
tions 791, 792, 793, 794, 2388, and 3241, title 18, United States
Code; and Act entitled "An Act to prohibit the manufacture,
distribution, storage, use, and possession in time of war of ex-
plosives, providing regulations for the safe manufacture, distri-
bution, storage, use, and possession of the same, and for other
purposes", approved October 6, 1917 [50 U.S.C. 121-143]; an
Act entitled "An Act to prevent in time of war departure from
and entry into the United States contrary to the public
safety", approved May 22, 1918 [22 U.S.C. 223-226b]; section
215 of this Act [8 U.S.C. 1185]; an Act entitled "An Act to
punish the willful injury or destruction of war material or of
war premises or utilities used in connection with war material,
and for other purposes", approved April 20, 1918 [50 U.S.C.
101-106]; sections 2151, 2153, 2154, 2155, and 2156 of title 18,
United States Code; an Act entitled "An Act to authorize the
President to increase temporarily the Military establishment
of the United States", approved May 18, 1917, or any amend-
ment thereof or supplement thereto [50 U.S.C. App. 201-211];
the Selective Training and Service Act of 1940 [50 U.S.C. App.
' Section 7 of the Subversive Activities Control Act of 1950 (50 U.S.C. 786) was repealed by the
Act of Jan. 2, 1968 (81 Stat. 766).
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301-318]; the Selective Service Act of 1948; the Universal Mili-
tary Training and Service Act [50 U.S.C. App. 451-471a]; an
Act entitled "An Act to punish persons who make threats
against the President of the United States", approved Febru-
ary 14, 1917 [18 U.S.C. 871]; section 871 of title 18, United
States Code; an Act entitled "An Act to define, regulate, and
punish trading with the enemy, and for other purposes", ap-
proved October 6, 1917, or any amendment thereof; the Trad-
ing With the Enemy Act [50 U.S.C. App. 1]; section 6 of the
Penal Code of the United States; section 2384 of title 18,
United States Code; has been convicted of any offense against
section 13 of the Penal Code of the United States committed
during the period of August 1, 1914, to April 6, 1917, or of a
conspiracy occurring within said period to commit an offense
under said section 13 or of any offense committed during said
period against the Act entitled "An Act to protect trade and
commerce against unlawful restraints and monopolies", ap-
proved July 2, 1890 [15 U.S.C. 1-7], in aid of a belligerent in
the European war; section 960 of title 18, United States Code;'
(18) has been convicted under section 278 of this Act [8
U.S.C. 1328] or under section 4 of the Immigration Act of Feb-
ruary 5, 1917;
(19) during the period beginning on March 23, 1933, and
ending on May 8, 1945, under the direction of, or in association
with-
(A) the Nazi government of Germany,
(B) any government in any area occupied by the military
forces of the Nazi government of Germany,
(C) any government established with the assistance or
cooperation of the Nazi government of Germany, or
(D) any government which was an ally of the Nazi gov-
ernment of Germany,
ordered, incited, assisted, or otherwise participated in the per-
secution of any person because of race, religion, national origin
or political opinion; or
(20) obtains the status of an alien who becomes lawfully
admitted for temporary residence under section 210A and fails
to meet the requirement of section 210A(d)(5)(A) by the end of
the applicable period.
SUSPENSION OF DEPORTATION; VOLUNTARY DEPARTURE
SEC. 244. [8 U.S.C. 1254] (a) As hereinafter prescribed in this
section, the Attorney General may, in his discretion, suspend de-
portation and adjust the status to that of an alien lawfully admit-
ted for permanent residence, in the case of an alien (other than an
alien described in section 241(a)(19)) who applies to the Attorney
General for suspension of deportation and-
' Section 6(b) of the Act of Aug. 1, 1956 (50 U.S.C. 855(b)), set out ante at page 279, also makes
subject to deportation under this chapter any alien who is convicted of a violation of that Act
(which relates to the registration of certain persons trained in foreign espionage systems).
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(1) is deportable under any law of the United States except
the provisions specified in paragraph (2) of this subsection; has
been physically present in the United States for a continuous
period of not less than seven years immediately preceding the
date of such application, and proves that during all of such
period he was and is a person of good moral character; and is a
person whose deportation would, in the opinion of the Attorney
General, result in extreme hardship to the alien or to his
spouse, parent, or child, who is a citizen of the United States
or an alien lawfully admitted for permanent residence; or
(2) is deportable under paragraphs (4), (5), (6), (7), (11), (12),
(14), (15), (16), (17), or (18) of section 241(a); has been physically
present in the United States for a continuous period of not less
than 10 years immediately following the commission of an act,
or the assumption of a status, constituting a ground for depor-
tation, and proves that during all of such period he has been
and is a person of good moral character; and is a person whose
deportation would, in the opinion of the Attorney General,
result in exceptional and extremely unusual hardship to the
alien or to his spouse, parent, or child, who is a citizen of the
United States or an alien lawfully admitted for permanent res-
idence.
(b) The requirement of continuous physical presence in the
United States specified in paragraphs (1) and (2) of subsection (a) of
this section shall not be applicable to an alien who (A) has served
for a minimum period of twenty-four months in an active-duty
status in the Armed Forces of the United States and, if separated
from such service, was separated under honorable conditions, and
(B) at the time of his enlistment or induction was in the United
States.
(3)1 An alien shall not be considered to have failed to maintain
continuous physical presence in the United States under para-
graphs (1) and (2) of subsection (a) if the absence from the United
States was brief, casual, and innocent and did not meaningfully in-
terrupt the continuous physical presence.
(c)(1) Upon application by any alien who is found by the Attorney
General to meet the requirements of subsection (a) of this section
the Attorney General may in his discretion suspend deportation of
such alien. If the deportation of any alien is suspended under the
provisions of this subsection, a complete and detailed statement of
the facts and pertinent provisions of law in the case shall be re-
ported to the Congress with the reasons for such suspension. Such
reports shall be submitted on the first day of each calendar month
in which Congress is in session.
(2) In the case of an alien specified in paragraph (1) of subsection
(a) of this section-
if during the session of the Congress at which a case is report-
ed, or prior to the close of the session of the Congress next fol-
lowing the session at which a case is reported, either the
Senate or the House of Representatives passes a resolution
' So in law. Paragraph (3) was added to subsection (b) by ? 351(b) of the Immigration Reform and
Control Act of 1986 (Pub. L. 99-603, Nov. 6, 1986, 100 Stat. 3439).
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stating in substance that it does not favor the suspension of
such deportation, the Attorney General shall thereupon deport
such alien or authorize the alien's voluntary departure at his
own expense under the order of deportation in the manner pro-
vided by law. If, within the time above specified, neither the
Senate nor the House of Representatives shall pass such a res-
olution, the Attorney General shall cancel deportation proceed-
ings.
(3) In the case of an alien specified in paragraph (2) of subsection
(a) of this section-
if during the session of the Congress at which a case is report-
ed, or prior to the close of the session of the Congress next fol-
lowing the session at which a case is reported, the Congress
passes a concurrent resolution stating in substance that it
favors the suspension of such deportation, the Attorney Gener-
al shall cancel deportation proceedings. If. within the time
above specified the Congress does not pass such a concurrent
resolution, or if either the Senate or the House of Representa-
tives passes a resolution stating in substance that it does not
favor the suspension of the deportation of such alien, the At-
torney General shall thereupon deport such 'alien in the
manner provided by law.
(d) Upon the cancellation of deportation in the case of any alien
under this section, the Attorney General shall record the alien's
lawful admission for permanent residence as of the date of the can-
cellation of deportation of such alien is made, and unless the alien
is an-immediate relative within the meaning of section 201(b) the
Secretary of State shall reduce by one the number of immigrant
visas authorized to be issued under section 201(a) or 202(a) for the
fiscal year then current.
(e) The Attorney General may, in his discretion, permit any alien
under deportation proceedings, other than an alien within the pro-
visions of paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18),
or (19) of section 241(a) (and also any alien within the purview of
such paragraphs if he is also within the provisions of paragraph (2)
of subsection (a) of this section), to depart voluntarily from the
United States at his own expense in lieu of deportation if such
alien shall establish to the satisfaction of the Attorney General
that he is, and has been, a person of good moral character for at
least five years immediately preceding his application for volun-
tary departure under this subsection.
SEC. 261. [8 U.S.C. 1301] No visa shall be issued to any alien
seeking to enter the United States until such alien has been regis-
tered in accordance with section 221(b).
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REGISTRATION OF ALIENS IN THE UNITED STATES
SEC. 262. [8 U.S.C. 1302] (a) It shall be the duty of every alien
now or hereafter in the United States, who (1) is fourteen years of
age or older, (2) has not been registered and fingerprinted under
section 30 or 31 of the Alien Registration Act, 1940, and (3) remains
in the United States for thirty days or longer, to apply for registra-
tion and to be fingerprinted before the expiration of such thirty
days.
(b) It shall be the duty of every parent or legal guardian of any
alien now or hereafter in the United States, who (1) is less than
fourteen years of age, (2) has not been registered under section
221(b) of this Act or section 30 or 31 of the Alien Registration Act,
1940, and (3) remains in the United States for thirty days or longer,
to apply for the registration of such alien before the expiration of
such thirty days. Whenever any alien attains his fourteenth birth-
day in the United States he shall, within thirty days thereafter,
apply in person for registration and to be fingerprinted.
PROVISIONS GOVERNING REGISTRATION OF SPECIAL GROUPS
SEC. 263. [8 U.S.C. 1303] (a) Notwithstanding the provisions of
sections 261 and 262, the Attorney General is authorized to pre-
scribe special regulations and forms for the registration and finger-
printing of (1) alien crewmen, (2) holders of border-crossing identifi-
cation cards, (3) aliens confined in institutions within the United
States, (4) aliens under order of deportation, and (5) aliens of any
other class not lawfully admitted to the United States for perma-
nent residence.
(b) The provisions of section 262 and of this section shall not be
applicable to any alien who is in the United States as a nonimmi-
grant under section 101(a)(15)(A) or 101(a)(15)(G) until the alien
ceases to be entitled to such a nonimmigrant status.
FORMS AND PROCEDURE
SEC. 264. [8 U.S.C. 1304] (a) The Attorney General and the Sec-
retary of State jointly are authorized and directed to prepare forms
for the registration and fingerprinting of aliens under section 261
of this title, and the Attorney General is authorized and directed to
prepare forms for the registration and fingerprinting of aliens
under section 262 of this title. Such forms shall contain inquiries
with respect to (1) the date and place of entry of the alien into the
United States; (2) activities in which he has been and intends to be
engaged; (3) the length of time he expects to remain in the United
States; (4) the police and criminal record, if any, of such alien; and
(5) such additional matters as may be prescribed.
(b) All registration and fingerprint records made under the provi-
sions of this title shall be confidential, and shall be made available
only to such persons or agencies as may be designated by the Attor-
ney General.
(c) Every person required to apply for the registration of himself
or another under this title shall submit under oath the information
required for such registration. Any person authorized under regula-
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tions issued by the Attorney General to register aliens under this
title shall be authorized to administer oaths for such purpose.
(d) Every alien in the United States who has been registered and
fingerprinted under the provisions of the Alien Registration Act,
1940, or under the provisions of this Act shall be issued a certifi-
cate of alien registration or an alien registration receipt card in
such form and manner and at such time as shall be prescribed
under regulations issued by the Attorney General.
(e) Every alien, eighteen years of age and over, shall at all times
carry with him and have in his personal possession any certificate
of alien registration or alien registration receipt card issued to him
pursuant to subsection (d). Any alien who fails to comply with the
provisions of this subsection shall be guilty of a misdemeanor and
shall upon conviction for each offense be fined not to exceed $100
or be imprisoned not more than thirty days, or both.
SEC. 277. [8 U.S.C. 1327] Any person who knowingly aids or as-
sists any alien excludable under section 212(a) (27), (28), or (29) to
enter the United States, or who connives or conspires with any
person or persons to allow, procure, or permit any such alien to
enter the United States, shall be guilty of a felony, and upon con-
viction thereof shall be punished by a fine of not more than $5,000
or by imprisonment for not more than five years, or both.
CENTRAL FILE; INFORMATION FROM OTHER DEPARTMENTS AND
AGENCIES
SEC. 290. [8 U.S.C. 1360] (a) There shall be established in the
office of the Commissioner, for the use of the security and enforce-
ment agencies of the Government of the United States, a central
index, which shall contain the names of all aliens heretofore admit-
ted to the United States, or excluded therefrom, insofar as such in-
formation is available from the existing records of the Service, and
the names of all aliens hereafter admitted to the United States, or
excluded therefrom, the names of their sponsors of record, if any,
and such other relevant information as the Attorney General shall
require as an aid to the proper enforcement of this Act.
(b) Any information in any records kept by any department or
agency of the Government as to the identity and location of aliens
in the United States shall be made available to the Service upon
request made by the Attorney General to the head of any such de-
partment or agency.
(c) The Federal Security Administrator shall notify the Attorney
General upon request whenever any alien is issued a social security
account number and social security card. The Administrator shall
also furnish such available information as may be requested by the
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Attorney General regarding the identity and location of aliens in
the United States.
(d) A written certification signed by the Attorney General or by
any officer of the Service designated by the Attorney General to
make such certification, that after diligent search no record or
entry of a specified nature is found to exist in the records of the
Service, shall be admissable as evidence in any proceeding as evi-
dence that the records of the Service contain no such record or
entry, and shall have the same effect as the testimony of a witness
given in open court.
TITLE III-NATIONALITY AND NATURALIZATION
CHAPTER 2-NATIONALITY THROUGH NATURALIZATION
PROHIBITION UPON THE NATURALIZATION OF PERSONS OPPOSED TO GOV-
ERNMENT OR LAW, OR WHO FAVOR TOTALITARIAN FORMS OF GOV-
ERNMENT
SEC. 313. [8 U.S.C. 1424] (a) Notwithstanding the provisions of
section 405(b), no person shall hereafter be naturalized as a citizen
of the United States-
(1) who advocates or teaches, or who is a member of or affili-
ated with any organization that advocates or teaches, opposi-
tion to all organized government; or
(2) who is a member of or affiliated with (A) the Communist
Party of the United States; (B) any other totalitarian party of
the United States; (C) the Communist Political Association; (D)
the Communist or other totalitarian party or [of] any State of
the United States, of any foreign state, or of any political or
geographical subdivision of any foreign state; (E) any section,
subsidiary, branch, affiliate, or subdivision of any such associa-
tion or party; (F) the direct predecessors or successors of any
such association or party, regardless of what name such group
or organization may have used, may now bear, or may hereaf-
ter adopt; (G) who, regardless of whether he is within any of
the other provisions of this section, is a member of or affiliated
with any Communist-action organization during the time it is
registered or required to be registered under the provisions of
section 7 of the Subversive Activities Control Act of 1950,1 or
(H) who, regardless of whether he is within any of the other
provisions of this section, is a member of or affiliated with any
Communist-front organization during the time it is registered
or required to be registered under section 7 of the Subversive
Activities Control Act of 1950,1 unless such alien establishes
that he did not have knowledge or reason to believe at the
time he became a member of or affiliated with such an organi-
zation (and did not thereafter and prior to the date upon which
' Sec. 7 of the Subversive Activities Control Act of 1950 (50 U.S.C. 786) was repealed by the
Act of January 2, 1968 (81 Stat. 766).
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I immiuKHTION LAWS 299
such organization was so registered or so required to be regis-
tered have such knowledge or reason to believe) that such or-
ganization was a Communist-front organization; or
(3) who, although not within any of the other provisions of
this section, advocates the economic, international, and govern-
mental doctrines of world communism or the establishment in
the United States of a totalitarian dictatorship, or who is a
member of or affiliated with any organization that advocates
the economic, international, and governmental doctrines of
world communism or the establishment in the United States of
a totalitarian dictatorship, either through its own utterances
or through any written or printed publications issued or pub-
lished by or with the permission or consent of or under author-
ity of such organizations or paid for by the funds of such orga-
nization; or
(4) who advocates or teaches or who is a member of or affili-
ated with any organization that advocates or teaches (A) the
overthrow by force or violence or other unconstitutional means
of the Government of the United States or of all forms of law;
or (B) the duty, necessity, or propriety of the unlawful assault-
ing or killing of any officer or officers (either of specific indi-
viduals or of officers generally) of the Government of the
United States or of any other organized government because of
his or their official character; or (C) the unlawful damage,
injury, or destruction of property; or (D) sabotage; or
(5) who writes or publishes or causes to be written or pub-
lished, or who knowingly circulates, distributes, prints, or dis-
plays, or knowingly causes to be circulated, distributed, print-
ed, published, or displayed or who knowingly has in his posses-
sion for the purpose of circulation, publication, distribution, or
display, any written or printed matter, advocating or teaching
opposition to all organized government, or advocating (A) the
overthrow by force, violence, or other unconstitutional means
of the Government of the United States or of all forms of law;
or (B) the duty, necessity, or propriety of the unlawful assault-
ing or killing of any officer or officers (either of specific indi-
viduals or of officers generally) of the Government of the
United States or of any other organized government, because
of his or their official character; or (C) the unlawful damage,
injury, or destruction of property; or (D) sabotage; or (E) the
economic, international, and governmental doctrines of world
communism or the establishment in the United States of a to-
talitarian dictatorship; or
(6) who is a member of or affiliated with any organization,
that writes, circulates, distributes, prints, publishes, or dis-
plays, or causes to be written, circulated, distributed, printed,
published, or displayed, or that has in its possession for the
purpose of circulation, distribution, publication, issue, or dis-
play, any written or printed matter of the character described
in subparagraph (5).
(b) The provisions of this section or of any other section of this
Act shall not be construed as declaring that any of the organiza-
tions referred to in this section or in any other section of this Act
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do not advocate the overthrow of the Government of the United
States by force, violence, or other unconstitutional means.
(c) The provisions of this section shall be applicable to any appli-
cant for naturalization who at any time within a period of ten
years immediately preceding the filing of the petition for natural-
ization or after such filing and before taking the final oath of citi-
zenship is, or has been found to be within any of the classes enu-
merated within this section, notwithstanding that at the time the
petition is filed he may not be included within such classes.
(d) Any person who is within any of the classes described in sub-
section (a) solely because of past membership in, or past affiliation
with, a party or organization may be naturalized without regard to
the provisions of subsection (c) if such person establishes that such
membership or affiliation is or was involuntary, or occurred and
terminated prior to the attainment by such alien of the age of six-
teen years, or that such membership or affiliation is or was by op-
eration of law, or was for purposes of obtaining employment, food
rations, or other essentials of living and where necessary for such
purposes.
REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACH-
MENT TO THE PRINCIPLES OF THE CONSTITUTION, AND FAVORABLE
DISPOSITION TO THE UNITED STATES
SEC. 316. [8 U.S.C. 1427] (a) * * *
* * * * * * *
(g)(1) Whenever the Director of Central Intelligence, the Attor-
ney General and the Commissioner of Immigration determine that
a petitioner otherwise eligible for naturalization has made an ex-
traordinary contribution to the national security of the United
States or to the conduct of United States intelligence activities, the
petitioner may be naturalized without regard to the residence and
physical presence requirements of this section, or to the prohibi-
tions of section 313 of this Act, and no residence within the juris-
diction of the court shall be required: Provided, That the petitioner
has continuously resided in the United States for at least one year
prior to naturalization: Provided further, That the provisions of
this subsection shall not apply to any alien described in subpara-
graphs (A) through (D) of paragraph 243(h)(2) of this Act.
(2) A petition for naturalization may be filed pursuant to this
subsection in any district court of the United States, without
regard to the residence of the petitioner. Proceedings under this
subsection shall be conducted in a manner consistent with the pro-
tection of intelligence sources, methods and activities.
(3) The number of aliens naturalized pursuant to this subsection
in any fiscal year shall not exceed five. The Director of Central In-
telligence shall inform the Select Committee on Intelligence and
the Committee on the Judiciary of the Senate and the Permanent
Select Committee on Intelligence and the Committee on the Judici-
ary of the House of Representatives within a reasonable time prior
to the filing of each petition under the provisions of this subsection.
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ALIEN ENEMIES; NATURALIZATION UNDER SPECIFIED CONDITIONS AND
PROCEDURE
SEC. 331. [8 U.S.C. 1442] (a) An alien who is a native, citizen,
subject, or denizen of any country, state, or sovereignty with which
the United States is at war may, after his loyalty has been fully
established upon investigation by the Attorney General, be natu-
ralized as a citizen of the United States if such alien's petition for
naturalization shall be pending at the beginning of the state of war
and the petitioner is otherwise entitled to admission to citizenship.
(b) An alien embraced within this section shall not have his peti-
tion for naturalization called for a hearing, or heard, except after
ninety days' notice given by the clerk of the court to the Attorney
General to be represented at the hearing, and the Attorney Gener-
al's objection to such final hearing shall cause the petition to be
continued from time to time for so long as the Attorney General
may require.
(c) The Attorney General may, in his discretion, upon investiga-
tion fully establishing the loyalty of any alien enemy who did not
have a petition for naturalization pending at the beginning of the
state of war, except such alien enemy from the classification of
alien enemy for the purposes of this title, and thereupon such alien
shall have the privilege of filing a petition for naturalization.
(d) An alien who is a native, citizen, subject, or denizen of any
country, state, or sovereignty with which the United States is at
war shall cease to be an alien enemy within the meaning of this
section upon the determination by proclamation of the President,
or by concurrent resolution of the Congress, that hostilities be-
tween the United States and such country, state, or sovereignty
have ended. Notwithstanding the provisions of section 405(b), this
subsection shall also apply to the case of any such alien whose peti-
tion for naturalization was filed prior to the effective date of this
Act and which is still pending on that date.
(e) Nothing contained herein shall be taken or construed to inter-
fere with or prevent the apprehension and removal, consistent with
law, of any alien enemy at any time prior to the actual naturaliza-
tion of such alien.
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LOSS OF NATIONALITY BY NATIVE-BORN OR NATURALIZED CITIZEN 1
SEC. 349.2 [8 U.S.C. 1481] (a) From and after the effective date
of this Act a person who is a national of the United States whether
by birth or naturalization, shall lose his nationality by voluntarily
performing any of the following acts with the intention of relin-
quishing United States nationality:- 3
(1) * *: *
(7) committing any act of treason against, or attempting by
force to overthrow, or bearing arms against, the United States,
violating or conspiring to violate any of the provisions of sec-
tion 2383 of title 18, United States Code, or willfully perform-
ing any act in violation of section 2385 of title 18, United
States Code, or violating section 2384 of said title by engaging
in a conspiracy to overthrow, put down, or to destroy by force
the Government of the United States, or to levy war against
them, if and when he is convicted thereof by a court martial or
by a court of competent jurisdiction.
SECTION 13 OF PUBLIC LAW 85-316 (8 U.S.C. 1255b) (ADJUST-
MENT OF STATUS OF CERTAIN NONIMMIGRANTS TO
THAT OF PERMANENT RESIDENT ALIEN)
SEC. 13. Notwithstanding any other provision of law-
(a) Any alien admitted to the United States as a nonimmi-
grant under the provisions of either section 101(a)(15)(A) (i) or
(ii) or 101(a)(15)(G) (i) or (ii) of the Immigration and Nationality
Act, who has failed to maintain a status under any of those
provisions, may apply to the Attorney General for adjustment
of his status to that of an alien lawfully admitted for perma-
nent residence.
(b) If, after consultation with the Secretary of State, it shall
appear to the satisfaction of the Attorney General that the
alien, has-shown compelling reasons demonstrating both that
the alien is unable to return to the country represented by the
government which accredited the alien or the member of the
alien's- immediate family and that adjustment of the alien's
i Section 1999 of the Revised Statutes of the United States (8 U.S.C. 1481 note) provides as
follows: "Whereas the right of expatriation is -a natural and inherent right of all people, indis-
pensable to the enjoyment of the rights.of life, liberty, and the pursuit of happiness, and where-
as in the recognition of this principle this Government has freely received emigrants from all
nations, and invested them with the rights of citizenship; and whereas it is claimed that such
American citizens, with their descendants, are subjects of foreign states, owing allegiance to the
governments thereof; and whereas it is necessary to the maintenance of public peace that this
claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration,
instruction, opinion, order, or decision of any officer of the United States which denies, restricts,
impairs, or questions the right of expatriation, is declared inconsistent with the fundamental
principles of the Republic.".
2 Paragraphs (5) and (8) of section 349(a) were repealed, and paragraphs (6), (7), and (9) were
redesignated as paragraphs (5), (6), and (7), respectively, by sections 2 and 4 of Pub. L. 95-432
(Oct. 10, 1978, 92 Stat. 1046). Paragraph (10) was repealed by section 501 of Pub. L. 94-412 (Sept.
14, 1976, 90 Stat. 1258).
9 So in law.
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status to that of an alien lawfully admitted for permanent resi-
dence would be in the national interest, that the alien is a
person of good moral character, that he is admissible for per-
manent residence under the Immigration and Nationality Act,
and that such action would not be contrary to the national
welfare, safety, or security, the Attorney General, in his discre-
tion, may record the alien's lawful admission for permanent
residence as of the date of the order of the Attorney General
approving the application for adjustment of status is made.
(c) A complete and detailed statement of the facts and perti-
nent provisions of law in the case shall be reported to the Con-
gress with the reasons for such adjustment of status. Such re-
ports shall be submitted on the first day of each calendar
month in which Congress is in session. If, during the session of
the Congress at which a case is reported, or prior to the close
of the session of Congress next following the session at which a
case is reported, either the Senate or the House of Representa-
tives passes a resolution stating in substance that it does not
favor the adjustment of status of such alien, the Attorney Gen-
eral shall thereupon require the department of such alien in
the manner provided by law. If neither the Senate nor the
House of Representatives passes such a resolution within the
time above specified, the Secretary of State shall, if the alien
was classifiable as a quota immigrant at the time of his entry,
reduce by one the quota of the quota area to which the alien is
chargeable under section 202 of the Immigration and National-
ity Act for the fiscal year then current or the next following
year in which a quota is available. No quota shall be so re-
duced by more than 50 per centum in any fiscal year.
(d) The number of aliens who may be granted the status of
aliens lawfully admitted for permanent residence in any fiscal
year, pursuant to this section, shall not exceed fifty.
SECTION 21 OF THE ACT OF AUGUST 1, 1956 (22 U.S.C. 2691)
(THE "McGOVERN AMENDMENT")
SEC. 21. (a) For purposes of achieving greater United States com-
pliance with the provisions of the Final Act of the Conference on
Security and Cooperation in Europe (signed at Helsinki on August
1, 1975) and for purposes of encouraging other signatory countries
to comply with those provisions, the Secretary of State should,
within 30 days of receiving an application for a nonimmigrant visa
by any alien who is excludible from the United States by reason of
membership in or affiliation with a proscribed organization but
who is otherwise admissible to the United States, recommend that
the Attorney General grant the approval necessary for the issuance
of a visa to such alien, unless the Secretary determines that the
admission of such alien would be contrary to the security interests
of the United States and so certifies to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate. Nothing in this section may be construed
as authorizing or requiring the admission to the United States of
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any alien who is excludible for reasons other. than membership in
or affiliation with a proscribed organization.
(b) This section does not apply to representatives of purported
labor organizations in countries where such organizations are in
fact instruments of a totalitarian state.
(c) This section does not apply with respect to any alien who is a
member, officer, official, representative, or spokesman of the Pales-
tine Liberation Organization.
(d) The Secretary of State may refuse to recommend a waiver for
aliens from signatory countries which are not in substantial com-
pliance with the provisions of the Helsinki Final Act, particularly
the human rights and humanitarian affairs provisions.
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E. BUDGET-RELATED LAWS
SECTION 3524 OF TITLE 31, UNITED STATES CODE
(UNVOUCHERED EXPENDITURES)
? 3524. Auditing expenditures approved without vouchers
(a)(1) The Comptroller General may audit expenditures, account-
ed for only on the approval, authorization, or certificate of the
President or an official of an executive agency, to decide if the ex-
penditure was authorized by law and made. Records and related in-
formation shall be made available to the Comptroller General in
conducting the audit.
(2) The Comptroller General may release the results of the audit
or disclose related information only to the President or head of the
agency, or, if there is an unresolved discrepancy, to the Committee
on Governmental Affairs of the Senate, the Committee on Govern-
ment Operations of the House of Representatives, and the commit-
tees of Congress having legislative or appropriation oversight of the
expenditure.
(b) Before December 1 of each year, the Director of the Office of
Management and Budget shall submit a report listing each account
that may be subject to this section to the Committees on the
Budget and Appropriations of both Houses of Congress, the Com-
mittee on Governmental Affairs, and to the Committee on Govern-
ment Operations, and to the Comptroller General.
(c) The President may exempt from this section a financial trans-
action about sensitive foreign intelligence or foreign counter-intelli-
gence activities or sensitive law enforcement investigations if an
audit would expose the identifying details of an active investigation
or endanger investigative or domestic intelligence sources involved
in the investigation. The exemption may apply to a class or catego-
ry of financial transactions.
(d) This section does not-
(1) apply to expenditures under section 102, 103, 105(d)(1), (3),
or (5), or 106(b)(2) or (3) of title 3; or
(2) affect authority under section 8(b) of the Central Intelli-
gence Agency Act of 1949 (50 U.S.C. 403j(b)).
(e) Information about a financial transaction exempt under sub-
section (c) of this section or a financial transaction under section
8(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403j(b)) may be reviewed by the Permanent Select Committee on
Intelligence of the House and the Select Committee on Intelligence
of the Senate.
(f) Subsections (a)(1) and (d)(1) of this section may be superseded
only by a law enacted after April 3, 1980, specifically repealing or
amending this section.
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SECTIONS 109, 610, AND 614 OF THE FOREIGN ASSISTANCE
ACT OF 1961
SEC. 109. [22 U.S.C. 2151g] TRANSFER OF FUNDS.-Whenever the
President determines it to be necessary for the purposes of this
chapter, not to exceed 15 per centum of the funds made available
for any provision of this chapter may be transferred to, and consoli-
dated with, the funds made available for any other provision of this
chapter, and may be used for any of the purposes for which such
funds may be used, except that the total in the provision for the
benefit of which the transfer is made shall not be increased by
more than 25 per centum of the amount of funds made available
for such provision. The authority of sections 610(a) and 614(a) of
this Act may not be used to transfer funds made available under
this chapter for use for purposes of any other provision of this Act
except that the authority of such sections may be used to transfer
for the purposes of section 667 not to exceed five per centum of the
amount of funds made available for section 667(a)(1).
SEC. 610. [22 U.S.C. 2360] TRANSFER BETWEEN ACCOUNTS.-(a)
Whenever the President determines it to be necessary for the pur-
poses of this Act, not to exceed 10 per centum of the funds made
available for any provision of this Act (except funds made available
pursuant to title IV of chapter 2 of part I) may be transferred to,
and consolidated with, the funds made available for any other pro-
vision of this Act, (except funds made available under chapter 2 of
part II of this Act) and may be used for any of the purposes for
which such funds may be used, except that the total in the provi-
sion for the benefit of which the transfer is made shall not be in-
creased by more than 20 per centum of the amount of funds made
available for such provision.
(b) The authority contained in this section and in sections 451,
506, and 614 shall not be used to augment appropriations made
available pursuant to sections 636(g)(1) and 637 or used otherwise
to finance activities which normally would be financed from appro-
priations for administrative expenses.
(c) Any funds which the President has notified Congress pursu-
ant to section 653 that he intends to provide in military assistance
to any country may be transferred to, and consolidated with, any
other funds he has notified Congress pursuant to such section that
he intends to provide to that country for development assistance
purposes.
* * * * * * *
SEC. 614. [22 U.S.C. 2364] SPECIAL AUTHORITIES.-(a)(1) The
President may authorize the furnishing of assistance under this
Act without regard to any provision of this Act, the Arms Export
Control Act, any law relating to receipts and credits accruing to
the United States, and any Act authorizing or appropriating funds
for use under this Act, in furtherance of any of the purposes of this
Act, when the President determines, and so notifies in writing the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate, that to do so is im-
portant to the security interests of the United States.
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I tsuuuti-ntIATED LAWS 307
(2) The President may make sales, extend credit, and issue guar-
antees under the Arms Export Control Act, without regard to any
provision of this Act, the Arms Export Control Act, any law relat-
ing to receipts and credits accruing to the United States, and any
Act authorizing or appropriating funds for use under the Arms
Export Control Act, in furtherance of any of the purposes of such
Act, when the President determines, and so notifies in writing the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate, that to do so is vital
to the national security interests of the United States.
(3) Before exercising the authority granted in this subsection, the
President shall consult with, and shall provide a written policy jus-
tification to, the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives and the Com-
mittee on Foreign Relations and the Committee on Appropriations
of the Senate.
(4) The authority of this subsection may not be used to authorize
the use of more than $250,000,000 of funds made available for use
under this Act or the Arms Export Control Act, or the use of more
than $100,000,000 of foreign currencies accruing under this Act or
any other law, in any fiscal year. Not more than $50,000,000 of the
funds available under this subsection may be allocated to any one
country in any fiscal year, unless such country is a victim of active
Communist or Communist-supported aggression.
(5) The authority of this section may not be used to waive the
limitations on transfers contained in section 610(a) of this Act.
(b) Whenever the President determines it to be important to the
national interest, he may use funds available for the purposes of
chapter 4 of part I in order to meet the responsibilities or objec-
tives of the United States in Germany, including West Berlin, and
without regard to such provisions of law as he determines should
be disregarded to achieve this purpose.
(c) The President is authorized to use amounts not to exceed
$50,000,000 of the funds made available under this Act pursuant to
his certification that it is inadvisable to specify the nature of the
use of such funds, which certification shall be deemed to be a suffi-
cient voucher for such amounts. The President shall promptly and
fully inform the Speaker of the House of Representatives and the
chairman and ranking minority member of the Committee on For-
eign Relations of the Senate of each use of funds under this subsec-
tion.
SELECTED PROVISIONS OF THE FOREIGN MILITARY
SALES ACT AMENDMENTS, 1971 (PUBLIC LAW 91-672)
SEC. 8. (a) * * * [Repealed-1976]
(b) * * * [Repealed-1976]
(c) * * * [Repealed-1976]
(d) The President shall promptly and fully inform the Speaker of
the House of Representatives and the Committee on Foreign Rela-
tions and the Committee on Appropriations of the Senate of each
decision to furnish on a grant basis to any country excess defense
articles which are major weapons systems to.the extent such major
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weapons system was not included in the presentation material pre-
viously submitted to the Congress. The annual presentation materi-
als for security assistance programs shall include a table listing by
country the total value of all deliveries of excess defense articles,
disclosing both the aggregate original acquisition cost and the ag-
gregate value at the time of delivery.
(e) * * * [Repealed-1976]
SEC. 10. (a) Notwithstanding any provision of law enacted before
the date of enactment of this section, no money appropriated for
foreign assistance (including foreign military sales) shall be avail-
able for obligation or expenditure-
(1) unless the appropriation thereof has been previously au-
thorized by law; or
(2) in excess of an amount previously prescribed by law.
(b) To the extent that legislation enacted after the making of an
appropriation for foreign assistance (including foreign military
sales) authorizes the obligation or expenditure thereof, the limita-
tion contained in subsection (a) shall have no effect.
(c) The provisions of this section shall not be superseded except
by a provision of law enacted after the date of enactment of this
section which specifically repeals or modifies the provisions of this
section.
SEC. 11. For purposes of sections 8 and 9-
(1) "defense article" and "excess defense articles" have the
same meanings as given them in section 644 (d) and (g), respec-
tively, of the Foreign Assistance Act of 1961; and
(2) "foreign country" includes any department, agency, or in-
dependent establishment of the foreign country.
EXAMPLES OF RECURRING BUDGET-RELATED LANGUAGE
IN DEPARTMENT OF DEFENSE APPROPRIATION ACTS;
FROM PUBLIC LAW 99-591, THE RESOLUTION MAKING
CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1987,
APPROVED OCTOBER 30, 1986
* * * * * * *
SEC. 9037. None of the funds appropriated in this Act may be
made available through transfer, reprogramming, or other means
for any intelligence or special activity different from that previous-
ly justified to the Congress unless the Director of Central Intelli-
gence or the Secretary of Defense has notified the House and
Senate Appropriations Committees of the intent to make such
funds available for such activity.
* * * * * * *
SEC. 9128. None of the funds provided by this Act may be used to
pay the salaries of any person or persons who authorize the trans-
fer of unobligated and deobligated appropriations into the Reserve
for Contingencies of the Central Intelligence Agency.
* * * * * * *
SEC. 9130. Funds appropriated by this Act for construction
projects of the Central Intelligence Agency, which are transferred
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i ouuuLI-nLLATED LAWS 309
to another Agency for execution, shall remain available until ex-
pended.
* * * * * *
SECTIONS 1535 AND 1536 OF TITLE 31, UNITED STATES
CODE (THE "ECONOMY ACT")
? 1535. Agency agreements
(a) The head of an agency or major organizational unit within an
agency may place an order with a major organizational unit within
the same agency or another agency for goods or service if-
(1) amounts are available;
(2) the head of the ordering agency or unit decides the order
is in the best interest of the United States Government;
(3) the agency or unit to fill the order is able to provide the
ordered goods or services; and
(4) the head of the agency decides ordered goods or services
cannot be provided as conveniently or cheaply by a commerical
enterprise.
(b) Notwithstanding subsection (a)(3) of this section, the Secretary
of Defense, the Secretary of a military department of the Depart-
ment of Defense, the Secretary of Transportation in carrying out
duties and powers related to aviation and the Coast Guard, the Sec-
retary of the Treasury, the Administrator of General Services, and
the Administrator of the Maritime Administration may place
orders under this section for goods and services that an agency or
unit filling the order may be able to provide or procure by contract.
(c) Payment shall be made promptly by check on the written re-
quest of the agency or unit filling the order. Payment may be inad-
vance or on providing the goods or services ordered and shall be for
any part of the estimated or actual cost as determined by the
agency or unit filling the order. A bill submitted or a request for
payment is not subject to audit or certification in advance of pay-
ment. Proper adjustment of amounts paid in advance shall be
made as agreed to by the heads of the agencies or units on the
basis of the actual cost of goods or services provided.
(d) An order placed or agreement made under this section obli-
gates an appropriation of the ordering agency or unit. The amount
obligated is deobligated to the extent that the agency or unit filling
the order has not incurred obligations, before the end of the period
of availability of the appropriation, in-
(1) providing goods or services; or
(2) making an authorized contract with another person to
provide the requested goods or services.
(e) This section does not-
(1) authorize orders to be placed for goods or services to be
provided by convict labor; or
(2) affect other laws about working funds.
AMENDMENT SUBSEQUENT TO APRIL 15, 1982
Section 4(a) of Pub. L. 97-258 (the first section of which enacted
Title 31, Money and Finance) provided in part that "Laws enacted
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131U DUUbri-l LLATED LAWS
after April 15, 1982, that are inconsistent with this Act supersede
this Act to the extent of the inconsistency.". Pub. L. 97-332, Oct.
15, 1982, 96 Stat. 1622, which amended the derivative provisions of
revised section 1535(a)-(c), provided that section 7(a) of the Act of
May 21, 1920, entitled "An Act making appropriations for fortifica-
tions and other works or defense, for the armament thereof, and
for the procurement of heavy ordnance for trial and service, for the
fiscal year ending June 30, 1921, and for other purposes" (31 U.S.C.
686(a)), as amended by the Act of June 30, 1932, commonly referred
to as the Economy Act of 1932, is amended-
(1) by striking out "in a position to supply or equipped to
render" and inserting in lieu thereof "in a position or equipped
to supply, render, or obtain by contract";
(2) by striking out the first proviso in such section, and by
striking out "further" in the second proviso;
(3) by striking out "competitive bids" in such second proviso
and inserting in lieu thereof "contract"; and
(4) by adding at the end thereof the following new sentence:
"Any condition or limitation applicable to the procurement
funds of any executive department, independent establishment,
bureau, or office which places an order or lets a contract under
the provisions of this section shall be applied in placing such
order or letting such contract.".
As so amended the derivative provisions read as follows:
(a) Any executive department or independent establishment of
the Government, or any bureau or office thereof, if funds are avail-
able therefor and if it is determined by the head of such executive
department, establishment, bureau, or office to be in the interest of
the Government so to do, may place orders with any other such de-
partment, establishment, bureau, or office for materials, supplies,
equipment, work, or services, of any kind that such requisitioned
Federal agency may be in a position or equipped to supply, render,
or obtain by contract, and shall pay promptly by check to such Fed-
eral agency as may be requisitioned, upon its written request,
either in advance or upon the furnishing or performance thereof,
all or part of the estimated or actual costs thereof as determined
by such department, establishment, bureau, or office as may be re-
quisitioned; but proper adjustments on the basis of the actual cost
of the materials, supplies, or equipment furnished, or work or serv-
ices performed, paid for in advance, shall be made as may be
agreed upon by the departments, establishments, bureaus, or of-
fices concerned: Provided, That if such work or services can be as
conveniently or more cheaply performed by private agencies such
work shall be let by contract to such private agencies. Bills ren-
dered, or requests for advance payments made, pursuant to any
such order, shall not be subject to audit or certification in advance
of payment. Any condition or limitation applicable to the procure-
ment funds of any executive department, independent establish-
ment, bureau, or office which places an order or lets a contract
under the provisions of this section shall be applied in placing such
order or letting such contract.
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? 1536. Crediting payments from purchases between executive
agencies
(a) An advance payment made on an order under section 1535 of
this title is credited to a special working fund that the Secretary of
the Treasury considers necessary to be established.. Except as pro-
vided in this section, any other payment is credited to the appro-
priation or fund against which charges were made to fill the order.
(b) An amount paid under section 1535 of this title may be ex-
pended in providing goods or services or for a purpose specified for
the appropriation or fund credited. Where goods are provided from
stocks on hand, the amount received in payment is credited so as to
be available to replace the goods unless-
(1) another law authorizes the amount to be credited to some
other appropriation or fund; or
(2) the head of the executive agency filling the order decides
that replacement is not necessary, in which case, the amount
received is deposited in the Treasury as miscellaneous receipts.
(c) This section does not affect other laws about working funds.
CHAPTER 5 OF THE ARMS EXPORT CONTROL ACT
(SPECIAL DEFENSE ACQUISITION FUND)
CHAPTER 5-SPECIAL DEFENSE ACQUISITION FUND
SEC. 51. [22 U.S.C. 2795] SPECIAL DEFENSE ACQUISITION FUND.-
(a)(1) Under the direction of the President and in consultation with
the Secretary of State, the Secretary of Defense shall establish a
Special Defense Acquisition Fund (hereafter in this chapter, re-
ferred to as the "Fund"), to be used as a revolving fund separate
from other accounts, under the control of the Department of De-
fense, to finance the acquisition of defense articles and defense
service in anticipation of their transfer pursuant to this Act, the
Foreign Assistance Act of 1961, or as otherwise authorized by law,
to eligible foreign countries and international organizations, and
may acquire such articles and services with the funds in the Fund
as he may determine. Acquisition under this chapter of items for
which the initial issue quantity requirements' for United States
Armed Forces have not been fulfilled and are not under current
procurement contract shall be 'emphasized when compatible with
security assistance requirements for the transfer of such items.
(2) Nothing in this chapter may be construed to limit or impair
any responsibilities conferred upon the Secretary of State or "the
Secretary of Defense under this Act or the Foreign Assistance Act
of 1961.
(b) The Fund shall consist of-
(1) collections from sales made under letters of offer issued
pursuant to section 21(a)(1) of this Act representing the actual
value of defense articles not intended to be` replaced in stock,
(2) collections from sales representing the value of asset use
charges (including contractor rental payments for United
States Government-owned plant and production equipment)
and charges for the proportionate recoupment of nonrecurring
research, development, and production costs, and
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(3) collections from sales under letters of offer (or transfers
made under the Foreign Assistance Act of 1961) of defense arti-
cles and defense services acquired under this chapter, repre-
senting the value of such items calculated in accordance with
paragraph (2) or (3) of section 21(a) or section 22 of this Act or
section 644(m) of the Foreign Assistance Act of 1961, as appro-
priate,
together with such funds as may be authorized and appropriated or
otherwise made available for the purposes of the Fund.
(c)(1) The size of the Fund may not exceed such dollar amount as
is prescribed in section 114(c) of title 10, United States Code. For
purposes of this limitation, the size of the Fund is the amounts in
the Fund plus the value (in terms of acquisition cost) of the defense
articles acquired under this chapter which have not been trans-
ferred from the Fund in accordance with this chapter.
(2) Amounts in the Fund shall be available for obligation in any
fiscal year only to such extent or in such amounts as are provided
in advance in appropriation Acts.
SEC. 52. [22 U.S.C. 2795a] 1 USE AND TRANSFER OF ITEMS PRO-
CURED BY THE FUND.-(a) No defense article or defense service ac-
quired by the Secretary of Defense under this chapter may be
transferred to any foreign country or international organization
unless such transfer is authorized by this Act, the Foreign Assist-
ance Act of 1961, or other law.
(b) The President may authorize the temporary use by the
United States Armed Forces of defense articles and defense serv-
ices acquired under this chapter prior to their transfer to a foreign
country or international organization, if such is necessary to meet
national defense requirements and the United States Armed Forces
bear the costs of operation and maintenance of such articles or
services while in their use and the costs of restoration or replace-
ment upon the termination of such use.
(c) Except as provided in subsection (b) of this section, the Fund
may be used to pay for storage, maintenance, and other costs relat-
ed to the preservation and preparation for transfer of defense arti-
cles and defense services acquired under this chapter prior to their
transfer, as well as the administrative costs of the Department of
Defense incurred in the acquisition of such items to the extent not
reimbursed pursuant to section 43(b) of this Act.
SEC. 53. [22 U.S.C. 2795b] 2 ANNUAL REPORTS TO CONGRESS.-(a)
Not later than December 31 of each year, the President shall
submit to the Congress a comprehensive report on acquisitions of
defense articles and defense services under this chapter. Each such
report shall include-
(1) a description of each contract for the acquisition of de-
fense articles or defense services under this chapter which was
entered into during the preceding fiscal year;
(2) a description of each contract for the acquisition of de-
fense articles or defense services under this chapter which the
' Functions of the President under subset. (b) of this section were delegated to the Secretary
of Defense by section 1(o) of Ex. Ord. No. 11958, Jan. 18, 1977.
2 Functions of the President under this section were delegated to the Secretary of Defense by
section 1(o) of Ex. Ord. No. 11958, Jan. 18, 1977.
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BUDGET-RELATED LAWS 313
President anticipates will be entered into during the current
fiscal year;
(3) a description of each defense article or defense service ac-
quired under this chapter which was transferred to a foreign
country or international organization during the preceding
fiscal year; and
(4) an evaluation of the impact of the utilization of the au-
thority of this chapter on United States defense production and
the readiness of the United States Armed Forces.
(b) As part of the annual written report to the Congress required
by section 2431(a) of title 10, United States Code, regarding pro-
curement schedules for each weapon system for which funding au-
thorization is required, the President shall provide a report esti-
mating the likely procurements to be made through the Fund.
SECTIONS 1341, 1342, 1350, AND 1351 OF TITLE 31, UNITED
STATES CODE (THE "ANTI-DEFICIENCY ACT" AND RE-
LATED PROVISIONS)
? 1341. Limitations on expending and obligating amounts
(a)(1) An officer or employee of the United States Government or
of the District of Columbia government may not-
(A) make or authorize an expenditure or obligation exceed-
ing an amount available in an appropriation or fund for the
expenditure or obligation; or
(B) involve either government in a contract or obligation for
the payment of money before an appropriation is made unless
authorized by law.
(2) This subsection does not apply to a corporation getting
amounts to make loans (except paid in capital amounts) without
legal liability of the United States Government.
(b) An article to be used by an executive department in the Dis-
trict of Columbia that could be bought out of an appropriation
made to a regular contingent fund of the department may not be
bought out of another amount available for obligation.
? 1342. Limitation on voluntary services
An officer or employee of the United States Government or of
the District of Columbia government may not accept voluntary
services for either government or employ personal services exceed-
ing that authorized by law except for emergencies involving the
safety of human life or the protection of property. This section does
not apply to a corporation getting amounts to make loans (except
paid in capital amounts) without legal liability of the United States
Government.
? 1350. Criminal penalty
An officer or employee of the United States Government or of
the District of Columbia government knowingly and willfully vio-
lating section 1341(a) or 1342 of this title shall be fined not more
than $5,000, imprisoned for not more than 2 years, or both.
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314 BUDGET-RELATED LAWS
? 1351. Reports on violations
If an officer or employee of an executive agency or an officer or
employee of the District of Columbia government violates section
1341(a) or 1342 of this title, the head of the agency or the Mayor of
the District of Columbia, as the case may be, shall report immedi-
ately to the President and Congress all relevant facts and a state-
ment of actions taken.
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F. PROHIBITORY LAWS
SECTIONS 620A AND 660, OF THE FOREIGN ASSISTANCE ACT
OF 1961
SEC. 620A. [22 U.S.C. 2371] PROHIBITION AGAINST FURNISHING
ASSISTANCE TO COUNTRIES WHICH GRANT SANCTUARY TO-INTERNA-
TIONAL TERRORISTS.-(a) Except where the President finds national
security to require otherwise, the President shall terminate all as-
sistance under this Act to any government which aids or abets, by
granting sanctuary from prosecution to, any individual or group
which has committed an act of international terrorism and the
President may not thereafter furnish assistance to such govern-
ment until the end of the one year period beginning on the date of
such termination, except that if during its period of ineligibility for
assistance under this section such government aids or abets, by
granting sanctuary from prosecution to, any other individual or
.group which has committed an act of international terrorism, such
government's period of ineligibility shall be extended for an addi-
tional year for each such individual or group.
(b) If the President finds that national security justifies a con-
tinuation of assistance to any government described in subsection
(a), he shall report such finding to the Speaker of the House of Rep-
resentatives and the Committee on Foreign Relations of the
Senate.
* * * *
SEC. 660. [22 U.S.C. 2420] PROHIBITING POLICE TRAINING.-(a)
On and after July 1, 1975, none of the funds made available to
carry out this Act, and none of the local currencies generated
under this Act, shall be used to provide training or advice, or pro-
vide any financial support, for police, prisons, or other law enforce-
ment forces for any foreign government or any program of internal
intelligence or surveillance on behalf of any foreign government
within the United States or abroad.
(b) Subsection (a) of this section shall not apply-
(1) with respect to assistance rendered under section 515(c) of
the Omnibus Crime Control and Safe Streets Act of 1968 with
respect to any authority of the Drug Enforcement Administra-
tion or the Federal Bureau of Investigation which relates to
crimes of the nature which are unlawful under the laws of the
United States, or with respect to assistance authorized under
section 482 of this Act; or
(2) to any contract entered into prior to the date of enact-
ment of this section with any person, organization, or agency
of the United States Government to provide personnel to con-
'duct, or assist in conducting, any such program.
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316 PROHIBITORY LAWS
Notwithstanding clause (2), subsection (a) shall apply to any renew-
al or extension of any contract referred to in such paragraph en-
tered into on or after such date of enactment.
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G. MERCENARY LAWS
SECTIONS 956 THROUGH 960 OF TITLE 18, UNITED STATES
CODE (CERTAIN PRIVATE ACTIVITIES WITH RESPECT TO
FOREIGN COUNTRIES)
? 956. Conspiracy to injure property of foreign government
(a) If two or more persons within the jurisdiction of the United
States conspire to injure or destroy specific property situated
within a foreign country and belonging to a foreign government or
to any political subdivision thereof with which the United States is
at peace, or any railroad, canal, bridge, or other public utility so
situated, and if one or more such persons commits an act within
the jurisdiction of the United States to effect the object of the con-
spiracy, each of the parties to the conspiracy shall be fined not
more than $5,000 or imprisoned not more than three years, or both.
(b) Any indictment or information under this section shall de-
scribe the specific property which it was the object of the conspira-
cy to injure or destroy.
? 957. Possession of property in aid of foreign government
Whoever, in aid of any foreign government, knowingly and will-
fully possesses or controls any property or papers used or designed
or intended for use in violating any penal statute, or any of the
rights or obligations of the United States under any treaty or the
law of nations, shall be fined not more than $1,000 or imprisoned
not more than ten years, or both.
? 958. Commission to serve against friendly nation
Any citizen of the United States who, within the jurisdiction
thereof, accepts and exercises a commission to serve a foreign
prince, state, colony, district, or people, in war, against any prince,
state, colony, district, or people, with whom the United States is at
peace, shall be fined not more than $2,000 or imprisoned not more
than three years, or both.
? 959. Enlistment in foreign service
(a) Whoever, within the United States, enlists or enters himself,
or hires or retains another to enlist or enter himself, or to go
beyond the jurisdiction of the United States with intent to be en-
listed or entered in the service of any foreign prince, state, colony,
district, or people as a soldier or as a marine or seaman on board
any vessel of war, letter of marque, or privateer, shall be fined not
more than $1,000 or imprisoned not more than three years, or both.
(b) This section shall not apply to citizens or subjects of any coun-
try engaged in war with a country with which the United States is
at war, unless such citizen or subject of such foreign country shall
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318 MERCENARY LAWS
hire or solicit a citizen of the United States to enlist or go beyond
th? jurisdiction of the United States with intent to enlist or enter
the service of a foreign country. Enlistments under this subsection
shall be under regulations prescribed by the Secretary of the
Army.
(c) This section and sections 960 and 961 of this title shall not
apply to any subject or citizen of any foreign prince, state, colony,
district, or people who is transiently within the United States and
enlists or enters himself on board any vessel of war, letter of
marque, or privateer, which at the time of its arrival within the
United States was fitted and equipped as such, or hires or retains
another subject or citizen of the same foreign prince, state, colony,
district, or people who is transiently within the United States to
enlist or enter himself to serve such foreign prince, state, colony,
district, or people on board such vessel of war, letter of marque, or
privateer, if the United States shall then be at peace with such for-
eign prince, state, colony, district, or people.
? 960. Expedition against friendly nation
Whoever, within the United States, knowingly begins or sets on
foot or provides or prepares a means for or furnishes the money
for, or takes part in, any military or naval expedition or enterprise
to be carried on from thence against the territory or dominion of
any foreign prince or state, or of any colony, district, or people
with whom the United States is at peace, shall be fined not more
than $3,000 or imprisoned not than three years, or both.
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H. RESTRICTIONS ON EMPLOYMENT OF
OFFICERS OF THE, UNITED STATES 1
CLAUSE 8 OF ARTICLE I, SECTION 9, OF THE UNITED
STATES CONSTITUTION
SECTION 1. * * *
* *
SECTION 9. * * *
* * * * * * *
No Title of Nobility shall be granted by the'United States: And
no Person holding any Office of Profit or Trust under them, shall,
without the Consent of the Congress, accept of any present, Emolu-
ment, Office, or Title, of any kind whatever, from any King, Prince,
or foreign State.
SECTIONS 207 AND 219 OF TITLE 18, UNITED STATES CODE
? 207. Disqualification of former officers and employees; disquali-
fication of partners of current officers and employees
(a) Whoever, having been an officer or employee of the executive
branch of the United States Government, of any independent
agency of the United States, or of the District of Columbia, includ-
ing a special Government employee, after his employment has
ceased, knowingly acts as agent or attorney for, or otherwise repre-
sents, any other .person (except the United States), in any formal
or informal appearance before, or, with the intent to influence,
makes any oral or written communication on behalf of any other
person (except the United States) to-
(1) any department, agency, court, court-martial, or any civil,
military, or naval commission of the United States or the Dis-
trict of Columbia, _ or any officer or employee thereof, and
(2) in connection with any judicial or other proceeding, appli-
cation, request for a ruling or other determination, contract,
claim, controversy, investigation, charge, accusation, arrest, or
other .particular matter involving a specific party or parties in
which the United States or the District of Columbia is a party
or has a direct and substantial interest, and
(3) in which he participated personally and substantially as an
officer or employee through decision, approval, disapproval,
1 In connection with this subject, see also sections 2397a, 2397b, and 2397c of title 10, United
States Code.
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320 RESTRICTIONS ON EMPLOYMENT
recommendation, the rendering of advice, investigation or other-
wise, while so employed; or
(b) Whoever, (i) having been so employed, within two years after
his employment has ceased, knowningly acts as agent or attorney
for, or otherwise represents, any other person (except the United
States), in any formal or informal appearance before, or, with the
intent to influence, makes any oral or written communication on
behalf of any other person (except the United States) to, or (ii)
having been so employed and as specified in subsection (d) of this
section, within two years after his employment has ceased, knowing-
ly represents or aids, counsels, advises, consults, or assists in repre-
senting any other person (except the United States) by personal
presence at any formal or informal appearance before-
(1) any department, agency, court, court-martial, or any civil
military or naval commission of the United States or the Dis-
trict of Columbia, or any officer or employee thereof, and
(2) in connection with any judicial or other proceeding, appli-
cation, request for a ruling or other determination, contract,
claim, controversy, investigation, charge, accusation, arrest or
other particular matter involving a specific party or parties in
which the United States or. the District of Columbia is a party
or has a direct and substantial interest, and
(3), 1 as to (i), which was actually pending under his official
responsibility as an officer or employee within a period of one
year prior to the termination of such responsibility, or, as to
(ii), in which he participated personally and substantially as an
officer or employee; or
(c) Whoever, other than a special Government employee who
serves for less than sixty days in a given calendar year, having
been so employed as specified in subsection (d) of this section,
within one year after such employment has ceased, knowingly acts
as agent or attorney for, or otherwise represents, anyone other
than the United States in any formal or informal appearance
before, or, with the intent to influence, makes any oral or written
communication on behalf of anyone other than the United States,
(1) the department or agency in which he served as an officer
or employee, or any officer or employee thereof, and
(2) in connection with any judicial, rulemaking, or other pro-
ceeding, application, request for a ruling or other determina-
tion, contract, claim, controversy, investigation, charge, accusa-
tion, arrest, or other particular matter, and
(3) which is pending before such department or agency or in
which such department or agency has a direct and substantial
interest-
shall be fined not more than $10,000 or imprisoned for not more
than two years, or both.
(d)(1) Subsection (c) of this section shall apply to a person em-
ployed-
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RESTRICTIONS ON EMPLOYMENT 321
(A) at a rate of pay specified in or fixed according to sub-
chapter II of chapter 53 of title 5, United States Code, or a
comparable or greater rate of pay under other authority;
(B) on active duty as a commissioned officer of a uniformed
service assigned to pay grade of 0-9 or above as described in
section 201 of title 37, United States Code; or
(C) in a position which involved significant decision-making
or supervisory responsibility, as designated under this subpara-
graph by the Director of the Office of Government Ethics, in
consultation with the department or agency concerned. Only
positions which are not covered by subparagraphs (A) and (B)
above, and for which the basic rate of pay is equal to or great-
er than the basic rate of pay for GS-17 of the General Sched-
ule prescribed by section 5332 of title 5, United States Code, or
positions which are established within the Senior Executive
Service pursuant to the Civil Service Reform Act of 1978, or
positions of active duty commissioned offices of the uniformed
services assigned to pay 0-7 or 0-8, as described in section 201
of title 37, United States Code, may be designated. As to persons
in positions designated under this subparagraph, the Director
may limit the restrictions of subsection (c) to permit a former
officer or employee, who served in a separate agency or bureau
within a department or agency, to make appearances before or
communications to persons in an unrelated agency or bureau,
within the same department or agency, having separate and
distinct subject matter jurisdiction, upon a determination by
the Director that there exists no potential for use of undue in-
fluence or unfair advantage based on past government service.
On an annual basis, the Director of the Office of Government
Ethics shall review the designations and determinations made
under this subparagraph and, in consultation with the depart-
ment or agency concerned, make such additions and deletions
as are necessary. Departments and agencies shall cooperate to
the fullest extent with the Director of the Office of Govern-
ment Ethics in the exercise of his responsibilities under this
paragraph.
(2) The prohibition of subsection (c) shall not apply to appear-
ances, communications, or representation by a former officer or
employee, who is-
(A) an elected official of a State or local government, or
'(B) whose principal occupation or employment is with (i) an
agency or instrumentality of a State or local government, (ii)
an accredited, degree-granting institution of higher education,
as defined in section 1201(a) of the Higher Education Act of
1965, or (iii) a hospital or medical research organization, ex-
empted and defined under section 501(c)(3) of the Internal Rev-
enue Code of 1954, and the appearance, communication, or rep-
resentation is on behalf of such government, institution, hospi-
tal, or organization.
(e) For the purposes of subsection (c), whenever the Director of
the Office of Government Ethics determines that a separate statu-
tory agency or bureau within a department or agency exercises
functions which are distinct and separate from the remaining func-
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322 RESTRICTIONS ON EMPLOYMENT
tions of the department or agency, the Director shall by rule desig-
nate such agency or bureau as a separate department or agency;
except that such designation shall not apply to former heads of des-
ignated bureaus or agencies, or former officers and employees of
the department or agency whose official responsibilites included su-
pervision of said agency or bureau.
(f) The prohibitions of subsections (a), (b), and (c) shall not apply
with respect to the making of communications solely for the pur-
pose of furnishing scientific or technological information under pro-
cedures acceptable to the department or agency concerned, or if the
head of the department or agency concerned with the particular
matter, in consultation with the Director of the Office of Government
Ethics, makes a certification, published in the Federal Register, that
the former officer or employee has outstanding qualifications in a sci-
entific, technological, or other technical discipline, and is acting
with respect to a particular matter which requires such qualifica-
tions, and that the national interest would be served by the partici-
pation of the former officer or employee.
(g) Whoever, being a partner of an officer or employee of the ex-
ecutive branch of the United States Government, of any independ-
ent agency of the United States, or of the District of Columbia, in-
cluding a special Government employee, acts as agent or attorney
for anyone other than the United States before any department,
agency, court, court-martial, or any civil, military, or naval com-
mission of the United States or the District of Columbia, or any
officer or employee thereof, in connection with any judicial or other
proceeding, application, request for a ruling or other determina-
tion, contract, claim, controversy, investigation, charge, accusation,
arrest, or other particular matter in which the United States or
the District of Columbia is a party or has a direct and substantial
interest and in which such officer or employee or special Govern-
ment employee participates or has participated personally and sub-
stantially as an officer or employee through decision, approval, dis-
approval, recommendation, the rendering of advice, investigation,
or otherwise, or which is the subject of his official responsibility,
shall be fined not more than $5,000, or imprisoned for not more
than one year, or both.
(h) Nothing in this section shall prevent a former officer or em-
ployee from giving testimony under oath, or from making state-
ments required to be made under penalty of perjury.
(i) The prohibition contained in subsection (c) shall not apply to
appearances or communications by a former officer or employee
concerning matters of a personal and individual nature, such as
personal income taxes or pension benefits; nor shall the prohibition
of that subsection prevent a former officer or employee from
making or providing a statement, which is based on the former offi-
cer's or employee's own special knowledge in the particular area
that is the subject of the statement, provided that no compensation
is thereby received, other than that regularly provided for by law
or regulation for witnesses.
(j) If the head of the department or agency in which the former
officer or employee served finds, after notice and opportunity for a
hearing, that such former officer or employee violated subsection
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RESTRICTIONS ON EMPLOYMENT 323
(a), (b), or (c) of this section, such department or agency head may
prohibit that person from making, on behalf of any other person
(except the United States), any informal or formal. appearance
before, or, with the intent to influence, any oral or written communi-
cation to, such department or agency on a pending matter of
business for a period not to exceed five years, or may take other
appropriate disciplinary action. Such disciplinary action shall be
subject to review in an appropriate United States district court. No
later than six months after .the effective date of this Act, depart-
ments and agencies shall, in consultation with the Director of the
Office of Government Ethics, establish procedures to carry out this
subsection.
? 219. Officers and employees acting as agents of foreign princi-
pals
(a) Whoever, being a public official, is or acts as an agent of a
foreign principal required to register under the Foreign Agents
Registration Act of 1938, as amended, shall be fined under this title
or imprisoned for not more than two years, or both.
(b) Nothing in this section shall apply to the employment of any
agent of a foreign principal as a special Government employee in
any case in which the head of the employing agency certifies that
such employment is required in the national interest. A copy of
any certification under this paragraph shall be forwarded by the
head of such agency to the Attorney General who shall cause the
same to be filed with the registration statement and other docu-
ments filed by such agent, and made available for public inspection
in accordance with section 6 of the Foreign Agents Registration
Act of 1938, as amended.
(c) For the purpose of this section "public official" means
Member of Congress, Delegate, or Resident Commissioner, either
before or after he has qualified, or an officer or employee or person
acting for or on behalf. of the United States, or any department,
agency, or branch of Governments thereof, including the District of
Columbia, in any official function, under or by authority of any
such department, agency, or branch of Government.
SECTIONS 801 AND 908 OF TITLE 37, UNITED STATES CODE
? 801. Restriction on payment to certain officers
(a) An officer of the Regular Navy or the Regular Marine Corps,
other than a retired officer, may not be employed by a person fur-
nishing naval supplies or war materials to the United States. If
such an officer is so employed, he is not entitled to any payment
from the United States during that employment.
(b) Payment may not be made from any appropriation, for a
period of three years after his name is placed on that list, to an
officer on a retired list of the Regular Army, the Regular Navy, the
Regular Air Force, the Regular Marine Corps, the Regular Coast
Guard, the National Oceanic and Atmospheric Administration or
the Public Health Service, who is engaged for himself or others in
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324 RESTRICTIONS ON EMPLOYMENT
selling, or contracting or negotiating to sell, supplies or war mate-
rials to an agency of the Department of Defense, the Coast Guard,
the National Oceanic and Atmospheric Administration, or the
Public Health Service.
? 908. Employment of reserves and retired members by foreign
governments
(a) Subject to subsection (b) of this section, Congress consents to
the following persons accepting civil employment (and compensa-
tion for that employment) for which the consent of Congress is re-
quired by the last paragraph of section 9 of article I of the Consti-
tution, related to acceptance of emoluments, offices, or titles from a
foreign government:
(1) Retired members of the uniformed services.
(2) Members of a reserve component of the armed forces.
(3) Members of the Commissioned Reserve Corps of the
Public Health Service.
(b) A person described in subsection (a) of this section may accept
employment or compensation described in that subsection only if
the Secretary concerned and the Secretary of State approve the
employment.
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I. PERSONNEL-RELATED LAWS
CHAPTER 12 OF TITLE 5, UNITED STATES CODE (MERIT
SYSTEMS PROTECTION BOARD AND SPECIAL COUNSEL)
CHAPTER 12-MERIT SYSTEMS PROTECTION BOARD AND
SPECIAL COUNSEL
Sec.
1201. Appointment of members of the Merit Systems Protection Board.
1202. Term of office; filling vacancies; removal.
1203. Chairman; Vice Chairman.
1204. Special counsel; appointment and removal.
1205. Powers and functions of the Merit Systems Protection Board and Special
Counsel.
1206. Authority and responsibilities of the Special Counsel.
1207. Hearings and decisions on complaints filed by the Special Counsel.
1208. Stays of certain personnel actions.
1209. Information.
? 1201. Appointment of members of the Merit Systems Protection
Board
The Merit Systems Protection Board is composed of 3 members
appointed by the President, by and with the advice and consent of
the Senate, not more than 2 of whom may be adherents of the
same political party. The Chairman and members of the Board
shall be individuals who, by demonstrated ability, background,
training, or experience are especially qualified to carry out the
functions of the Board. No member of the Board may hold another
office or position in the Government of the United States, except as
otherwise provided by law or at the direction of the President. The
Board shall have an official seal which shall be judicially noticed.
The Board shall have its principal office in the District of Columbia
and may have field offices in other, appropriate locations.
? 1202. Term of office; filling vacancies; removal
(a) The term of office of each member of the Merit Systems Pro-
tection Board is 7 years.
(b) A member appointed to fill a vacancy occurring before the
end of a term of office of his predecessor serves for the remainder
of that term. Any appointment to fill a vacancy is subject to the
requirements of section 1201 of this title.
(c) Any member appointed for a 7-year term may not be reap-
pointed to any following term but may continue to serve beyond
the expiration of the term until a successor is appointed and has
qualified, except that such member may not continue to serve for
more than one year after the date on which the term of the
member would otherwise expire under this section.
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326 PERSONNEL-RELATED LAWS
(d) Any member may be removed by the President only for ineffi-
ciency, neglect of duty, or malfeasance in office.
? 1203. Chairman; Vice Chairman
(a) The President shall from time to time, appoint, by and with
the advice and consent of the Senate, one of the members of the
Merit Systems Protection Board as the Chairman of the Board. The
Chairman is the chief executive and administrative officer of the
Board.
(b) The President shall from time to time designate one of the
members of the Board as Vice Chairman of the Board. During the
absence or disability of the Chairman, or when the office of Chair-
man is vacant, the Vice Chairman shall perform the functions
vested in the Chairman.
(c) During the absence or disability of both the Chairman and
Vice Chairman, or when the offices of Chairman and Vice Chair-
man are vacant, the remaining Board member shall perform the
functions vested in the Chairman.
? 1204. Special Counsel; appointment and removal
The Special Counsel of the Merit Systems Protection Board shall
be appointed by the President from attorneys, by and with the
advice and consent of the Senate, for a term of 5 years. A Special
Counsel appointed to fill a vacancy occurring before the end of a
term of office of his predecessor serves for the remainder of the
term. The Special Counsel may be removed by the President only
for inefficiency, neglect of duty, or malfeasance in office.
? 1205. Powers and functions of the Merit Systems Protection
Board and Special Counsel
(a) The .Merit Systems Protection Board shall-
(1) hear, adjudicate, or provide for the hearing or adjudica-
tion, of all matters within the jurisdiction of the Board under
this title, section 2023 of title 38, or any other law, rule, or reg-
ulation, and, subject to otherwise applicable provisions of law,
take final action on any such matter;
(2) order any Federal agency or employee to comply with any
order or decision issued by the Board under the authority
granted under paragraph (1) of this subsection and enforce
compliance with any such order;
(3) conduct, from time to time, special studies relating to the
civil service and to other merit systems in the executive
branch, and report to the President and to the Congress as to
whether the public interest in a civil service free of prohibited
personnel practices is being adequately protected; and
(4) review, as provided in subsection (e) of this section, rules
and regulations of the Office of Personnel Management.
(b)(1) Any member of the Merit Systems Protection Board, the
Special Counsel, any administrative law judge appointed by the
Board under section 3105 of this title, and any employee of the
Board designated by the Board may administer oaths, examine wit-
nesses, take depositions, and receive evidence.
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PERSONNEL-RELATED LAWS 327
(2) Any member of the Board, the Special Counsel, and any ad-
ministrative law judge appointed by the Board under section 3105
of this title may-
(A) issue subpenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence
from any place in the United States or any territory or posses-
sion thereof, the Commonwealth of Puerto Rico, or the District
of Columbia; and
(B) order the taking of depositions and order responses to
written interrogatories.
(3) Witnesses (whether appearing voluntarily or under subpena)
shall be paid the same fee and mileage allowances which are paid
subpenaed witnesses in the courts of the United States.
(c) In the case of contumacy or failure to obey a subpena issued
under subsection (b)(2) of this section, the United States district
court for the judicial district in which the person to whom the sub-
pena is addressed resides or is served may issue an order requiring
such person to appear at any designated place to testify or to
produce documentary or other evidence. Any failure to obey the
order of the court may be punished by the court as a contempt
thereof.
(d)(1) In any proceeding under subsection (a)(1) of this section,
any member of the Board may request from the Director of the
Office of Personnel Management an advisory opinion concerning
the interpretation of any rule, regulation, or other policy directive
promulgated by the Office of Personnel Management.
(2) In enforcing compliance with any order under subsection (a)(2)
of this section, the Board may order that any employee charged
with complying with such order, other than any employee appoint-
ed by the President by and with the advice and consent of the
Senate, shall not be entitled to receive payment for service as an
employee during any period that the order has not been complied
with. The Board shall certify to the Comptroller General of the
United States that such an order has been issued and no payment
shall be made out of the Treasury of the United States for any
service specified in such order.
(3) In carrying out any study under subsection (a)(3) of this sec-
tion, the Board shall make such inquiries as may be necessary and,
unless otherwise prohibited by law, shall have access to personnel
records or information collected by the Office and may require ad-
ditional reports from other agencies as needed.
(e)(1) At any time after the effective date of any rule or regula-
tion issued by the Director in carrying out functions under section
1103 of this title, the Board shall review any provision of such rule
or regulation-
(A) on its own motion;
(B) on the granting by the Board, in its sole discretion, of
any petition for such review filed with the Board by any inter-
ested person, after consideration of the petition by the Board;
or
(C) on the filing of a written complaint by the Special Coun-
sel requesting such review.
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(2) In reviewing any provision of any rule or regulation pursuant
to this subsection the Board shall declare such provision-
(A) invalid on its face, if the Board determines that such pro-
vision would, if implemented by any agency, on its face, re-
quire any employee to violate section 2302(b) of this title; or
(B) invalidly implemented by any agency, if the Board deter-
mines that such provision, as it has been implemented by the
agency through any personnel action taken by the agency or
through any policy adopted by the agency in conformity with
such provision, has required any employee to violate section
2302(b) of this title.
(3)(A) The Director of the Office of Personnel Management, and
the head of any agency implementing any provision of any rule or
regulation under review pursuant to this subsection, shall have the
right to participate in such review.
(B) Any review conducted by the Board pursuant to this subsec-
tion shall be limited to determining-
(i) the validity on its face of the provision under review; and
(ii) whether the provision under review has been validly im-
plemented.
(C) The Board shall require any agency-
(i) to cease compliance with any provisions of any rule or
regulation which the Board declares under this subsection to
be invalid on its face; and
(ii) to correct any invalid implementation by the agency of
any provision of any rule or regulation which the Board de-
clares under this subsection to have been invalidly implement-
ed by the agency.
(f) The Board may delegate the performance of any of its admin-
istrative functions under this title to any employee of the Board.
(g) The Board shall have the authority to prescribe such regula-
tions as may be necessary for the performance of its functions. The
Board shall not issue advisory opinions. All regulations of the
Board shall be published in the Federal Register.
(h) Except as provided in section 518 of title 28, relating to litiga-
tion before the Supreme Court, attorneys designated by the Chair-
man of the Board may appear for the Board, and represent the
Board, in any civil action brought in connection with any function
carried out by the Board pursuant to this title or as otherwise au-
thorized by law.
(i) The Chairman of the Board may appoint such personnel as
may be necessary to perform the functions of the Board. Any ap-
pointment made under this subsection shall comply with the provi-
sions of this title, except that such appointment shall not be sub-
ject to the approval or supervision of the Office of Personnel Man-
agement or the Executive Office of the President (other than ap-
proval required under section 3324 or subchapter VIII of chapter 33
of this title).
(j) The Board shall prepare and submit to the President, and, at
the same time, to the appropriate committees of Congress, an
annual budget of the expenses and other items relating to the
Board which shall, as revised, be included as a separate item in the
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budget required to be transmitted to the Congress under section
1105 of title 31.
(k) The Board shall submit to the President, and, at the same
time,, to each House of the Congress, any legislative recommenda-
tions of the Board relating to any of its functions under this title.
? 1206. Authority and responsibilities of the Special Counsel
(a)(1) The Special Counsel shall receive any allegation of a pro-
hibited personnel practice and shall investigate the allegation to
the extent necessary to determine whether there are reasonable
grounds to believe that a prohibited personnel practice has oc-
curred, exists, or is to be taken,
(2) If the Special Counsel terminates any investigation under
paragraph (1) of this subsection, the Special Counsel shall prepare
and transmit to any person on whose allegation the investigation
was initiated a written statement notifying the person of the termi-
nation of the investigation and the reasons therefor.
(3) In addition to authority granted under paragraph (1) of this
subsection, the Special Counsel may, in the absence of an allega-
tion, conduct an investigation for the purpose of determining
whether there are reasonable grounds to believe that. a prohibited
personnel practice has occurred, exists, or is to be taken.
(b)(1) In any case involving-
(A) any disclosure of information by an employee or appli-
cant for employment which the employee or applicant reason-
ably believes evidences-
(i) a violation of any law, rule, or regulation; or
(ii) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety;
if the disclosure is not specifically prohibited by law and if the
information is not specifically required by Executive order to
be kept secret in the interest of national defense or the con-
duct of foreign affairs; or
(B) a disclosure by an employee or applicant for employment
to the Special Counsel of the Merit Systems Protection Board,
or to the Inspector General of an agency or another employee
designated by a head of the agency to receive such disclosures
of information which the employee or applicant reasonably be-
lieves evidences-
(i) a violation of any law, rule, or regulation; or
(ii) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety;
the identity of the employee or applicant may not be disclosed
without the consent of the employee or applicant during any inves-
tigation under subsection (a) of this section or under paragraph (3)
of this subsection, unless the Special Counsel determines that the
disclosure of the identity of the employee or applicant is necessary
in order to carry out the functions of the Special Counsel.
(2) Whenever the Special Counsel receives information of the
type described in paragraph (1) of this subsection, the Special Coun-
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sel shall promptly transmit such information to the appropriate
agency head.
(3)(A) In the case of information received by the Special Counsel
under paragraph (1) of this section, if, after such review as the Spe-
cial Counsel determines practicable (but not later than 15 days
after the receipt of the information), the Special Counsel deter-
mines that there is a substantial likelihood that the information
discloses a violation of any law, rule, or regulation, or mismanage-
ment, gross waste of funds, abuse of authority, or substantial and
specific danger to the public health or safety, the Special Counsel
may, to the extent provided in subparagraph (B) of this paragraph,
require the head of the agency to-
(i) conduct an investigation of the information and any relat-
ed matters transmitted by the Special Counsel to the head of
the agency; and
(ii) submit a written report setting forth the findings of the
head of the agency within 60 days after the date on which the
information is transmitted to the head of the agency or within
any longer period of time agreed to in writing by the Special
Counsel.
(B) The Special Counsel may require an agency head to conduct
an investigation and submit a written report under subparagraph
(A) of this paragraph only if the information was transmitted to
the Special Counsel by-
(i) any employee or former employee or applicant for employ-
ment in the agency which the information concerns; or
(ii) any employee who obtained the information in connec-
tion with the performance of the employee's duties and respon-
sibilities.
(4) Any report required under paragraph (3)(A) of this subsection
shall be reviewed and signed by the head of the agency and shall
include-
(A) a summary of the information with respect to which the
investigation was initiated;
(B) a description of the conduct of the investigation;
(C) a summary of any evidence obtained from the investiga-
tion;
(D) a listing of any violation or apparent violation of any
law, rule, or regulation; and
(E) a description of any corrective action taken or planned as
a result of the investigation, such as-
(i) changes in agency rules, regulations, or practices;
(ii) the restoration of any aggrieved employee;
(iii) disciplinary action against any employee; and
(iv) referral to the Attorney General of any evidence of a
criminal violation.
(5)(A) Any such report shall be submitted to the Congress, to the
President, and to the Special Counsel for transmittal to the com-
plainant. Whenever the Special Counsel does not receive the report
of the agency head within the time prescribed in paragraph
(3)(A)(ii) of this subsection, the Special Counsel may transmit a
copy of the information which was transmitted to the agency head
to the President and to the Congress together with a statement
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noting the failure of the head of the agency to file the required
report.
(B) In any case in which evidence of a criminal violation obtained
by an agency in an investigation under paragraph (3) of this sub-
section is referred to the Attorney General-
(i) the report shall not be transmitted to the complainant;
and
(ii) the agency shall notify the Office of Personnel Manage-
ment and the Office of Management and Budget of the refer-
ral.
(6) Upon receipt of any report of the head of any agency required
under paragraph (3)(A)(II) of this subsection, the Special Counsel
shall review the report and determine whether-
(A) the findings of the head of the agency appear reasonable;
and
(B) the agency's report under paragraph (3)(A)(ii) of this sub-
section contains the information required under paragraph (4)
of this subsection.
(7) Whenever the Special Counsel transmits any information to
the head of the agency under paragraph (2) of this subsection but
does not require an investigation under paragraph (3) of this sub-
section, the head of the agency shall, within a reasonable time
after the information was transmitted, inform the Special Counsel,
in writing, of what action has been or is to be taken and when such
action will be completed. The Special. Counsel shall inform the com-
plainant of the report of the agency head.
(8) Except as specifically authorized under this subsection, the
provisions of this subsection shall not be considered to authorize
disclosure of any information by any agency or any pers` oh which
(A) specifically prohibited from disclosure by any other provi-
sion of law; or
(B) specifically required by Executive order to be kept secre
in the interest of national defense or the conduct of foreign af-
fairs.
(9) In any case under subsection (b)(1)(B) of this section involving
foreign intelligence or counterintelligence information the disclo-
sure of which is specifically prohibited by law or by Executive
order, the Special Counsel shall transmit such information to the
Permanent Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence of the
Senate.
(c)(1)(A) If, in connection with any investigation under this sec-
tion, the Special Counsel determines that there are reasonable
grounds to believe that a prohibited personnel practice has oc-
curred, exists, or is to be taken which requires corrective action,
the Special Counsel shall report the determination together with
any findings or recommendations to the Board, the agency in-
volved, and to the Office, and may report the determination, find-
ings, and recommendations to the President. The Special Counsel
may include in the report recommendations as to what corrective
action should be taken.
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332 PERSONNEL-RELATED LAWS
(B) If, after a reasonable period, the agency has not taken the
corrective action recommended, the Special Counsel may request
the Board to consider the matter. The Board may order such cor-
rective action as the Board considers appropriate, after opportunity
for comment by the agency concerned and the Office of Personnel
Management.
(2)(A) If, in connection with any investigation under this section,
the Special Counsel determines that there is reasonable cause to
believe that a criminal violation by an employee has occurred, the
Special Counsel shall report the determination to the Attorney
General and to the head of the agency involved, and shall submit a
copy of the report to the Director of the Office of Personnel Man-
agement and the Director of the Office of Management and Budget.
(B) In any case in which the Special Counsel determines that
there are reasonable grounds to believe that a prohibited personnel
practice has occurred, exists, or is to be taken, the Special Counsel
may proceed with any investigation or proceeding instituted under
this section notwithstanding that the alleged violation has been re-
ported to the Attorney General.
(3) If, in connection with any investigation under this section, the
Special Counsel determines that there is reasonable cause to be-
lieve that any violation of any law, rule, or regulation has occurred
which is not referred to in paragraph (1) or (2) of this subsection,
the violation shall be reported to the head of the agency involved.
The Special Counsel shall require, within 30 days of the receipt of
the report by the agency, a certification by the head of the agency
which states-
(A) that the head of the agency has personally reviewed the
report; and
(B) what action has been, or is to be, taken, and when the
action will be completed.
(d) The Special Counsel shall maintain and make available to the
public a list of noncriminal matters referred to heads of agencies
under subsections (b)(3)(A) and (c)(3) of this section, together with-
(1) reports by the heads of agencies under subsection (b)(3)(A)
of this section, in the case of matters referred under subsection
(b); and
(2) certifications by heads of agencies under subsection (c)(3),
in the case of matters referred under subsection (c).
The Special Counsel shall take steps to ensure that any such public
list does not contain any information the disclosure of which is pro-
hibited by law or by Executive order requiring that information be
kept secret in the interest of national defense or the conduct of for-
eign affairs.
(e)(1) In addition to the authority otherwise provided in this sec-
tion, the Special Counsel shall, except as provided in paragraph (2)
of this subsection, conduct an investigation of any allegation con-
cerning-
(A) political activity prohibited under subchapter III of chap-
ter 73 of this title, relating to political activities by Federal em-
ployees;
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PERSONNEL-RELATED LAWS 333
(B) political activity prohibited under chapter 15 of this title,
relating to .political activities by certain State and local officers
and employees;
(C) arbitrary or capricious withholding of information pro-
hibited under section 552 of this title, except that the Special
Counsel shall make no investigation under this subsection of
any withholding of foreign intelligence or counterintelligence
information the disclosure of which is specifically prohibited by
law or by Executive order;
(D) activities prohibited by any civil service law, rule, or reg-
ulation, including any activity relating to political intrusion in
personnel decisionmaking; and
(E) involvement by any employees in any prohibited discrim-
ination found by any court or appropriate administrative au-
thority to have occurred in the course of any personnel action.
(2) The Special Counsel shall make no investigation of any alle-
gation of any prohibited activity referred to in paragraph (1)(D) or
(1)(E) of this subsection if the Special Counsel determines that the
allegation may be resolved more appropriately under an adminis-
trative appeals procedure.
(f) During any investigation initiated under this section, no disci-
plinary action shall be taken against any employee for any alleged
prohibited activity under investigation or for any related activity
without the approval of the Special Counsel.
(g)(1) Except as provided in paragraph (2) of this subsection, if the
Special Counsel determines that disciplinary action should be
taken against any employee-
(A) after any investigation under this section, or
(B) on the basis of any knowing and willful refusal or failure
by an employee to comply with an order of the Merit Systems
Protection Board,
the Special Counsel shall prepare a written complaint against the
employee containing his determination, together with a statement
of supporting facts, and present the complaint and statement to the
employee and the Merit Systems Protection Board in accordance
with section 1207 of this title.
(2) In the case of an employee in a confidential, policy-making,
policy-determining, or policy-advocating position appointed by the
President, by and with the advice and consent of the Senate (other
than an individual in the Foreign Service of the United States), the
complaint and statement referred to in paragraph (1) of this sub-
section, together with any response by the employee, shall . be pre-
sented to the President for appropriate action in lieu of being pre-
sented under section 1207 of this title.
(h) If the Special Counsel believes there is a pattern of prohibited
personnel practices and such practices involve matters which are
not otherwise appealable to the Board under section 7701 of this
title, the Special Counsel may seek corrective action by filing a
written complaint with the Board against the agency or employee
involved and the Board shall order such corrective action as the
Board determines necessary.
(i) The Special Counsel may as a matter of right intervene or oth-
erwise participate in any proceeding before the Merit Systems Pro-
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tection Board, except that the Special Counsel shall comply with
the rules of the Board and the Special Counsel shall not have any
right of judicial review in connection with such intervention.
(j)(1) The Special Counsel may appoint the legal, administrative,
and support personnel necessary to perform the functions of the
Special Counsel.
(2) Any appointment made under this subsection shall comply
with the provisions of this title, except that such appointment shall
not be subject to the approval or supervision of the Office of Per-
sonnel Management or the Executive Office of the President (other
than approval required under section 3324 or subchapter VIII of
chapter 33 of this title).
(k) The Special Counsel may prescribe regulations relating to the
receipt and investigation of matters under the jurisdiction of the
Special Counsel. Such regulations shall be published in the Federal
Register.
(1) The Special Counsel shall not issue any advisory opinion con-
cerning any law, rule, or regulation (other than an advisory opin-
ion concerning chapter 15 or subchapter III of chapter 73 of this
title).
(m) The Special Counsel shall submit an, annual report to the
Congress on the activities of the Special Counsel, including the
number, types, and disposition of allegations of prohibited person-
nel practices filed with it, investigations conducted by it, and ac-
tions initiated by it before the Board, as well as a description of the
recommendations and reports made by it to other agencies pursu-
ant to this section, and the actions taken by the agencies as a
result of the reports or recommendations. The report required by
this subsection shall include whatever recommendations for legisla-
tion or other action by Congress the Special Counsel may deem ap-
propriate.
? 1207. Hearing and decisions on complaints filed by the Special
Counsel
(a) Any employee against whom a complaint has been presented
to the Merit Systems Protection Board under section 1206(g) of this
title is entitled to-
(1) a reasonable time to answer orally and in writing and to
furnish affidavits and other documentary evidence in support
of the answer;
(2) be represented by an attorney or other representative;
(3) a hearing before the Board or an administrative law
judge appointed under section 3105 of this title and designated
by the Board;
(4) have a transcript kept of any hearing under paragraph (3)
of this subsection; and
(5) a written decision and reasons therefor at the earliest
practicable date, including a copy of any final order imposing
disciplinary action.
(b) A final order of the Board may impose disciplinary action con-
sisting of removal, reduction in grade, debarment from Federal em-
ployment for a period not to exceed 5 years, suspension, reprimand,
or an assessment of a civil penalty not to exceed $1,000.
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I PERSONNEL-RELATED LAWS 335
(c) There may be no administrative appeal from an order of the
Board. An employee subject to a final order imposing disciplinary
action under this section may obtain judicial review of the order in
the United States court of appeals for the judicial circuit in which
the employee resides or is employed at the time of the action.
(d) In the case of any State or local officer or employee under
chapter 15 of this title, the Board shall consider the case in accord-
ance with the provisions of such chapter.
? 1208. Stays of certain personnel actions
(a)(1) The Special Counsel may request any member of the Merit
Systems Protection Board to order a stay of any personnel action
for 15 calendar days if the Special Counsel determines that there
are reasonable grounds to believe that the personnel action was
taken, or is to be taken, as a result of a prohibited personnel prac-
tice.
(2) Any member of the Board requested by the Special Counsel to
order a stay under paragraph (1) of this subsection shall order such
stay unless the member determines that, under the facts and cir-
cumstances involved, such a stay would not be appropriate.
(3) Unless denied under paragraph (2) of this subsection, any stay
under this subsection shall be granted within 3 calendar days (ex-
cluding Saturdays, Sundays, and legal holidays) after the date of
the request for the stay by the Special Counsel.
(b) Any member of the Board may, on the request of the Special
Counsel, extend the period of any stay ordered under subsection (a)
of this section for a period of not more than 30 calendar days.
(c) The Board may extend the period of any stay granted under
subsection (a) of this section for any period which the Board consid-
ers appropriate, but only if the Board concurs in the determination
of the Special Counsel under such subsection, after an opportunity
is provided for oral or written comment by the Special Counsel and
the agency involved.
? 1209. Information
(a) Notwithstanding any other provision of law or any rule, regu-
lation or policy directive, any member of the Board, or any employ-
ee of the Board designated by the Board, may transmit to the Con-
gress on the request of any committee or subcommittee thereof, by
report, testimony, or otherwise, information and views on func-
tions, responsibilities, or other matters relating to the Board, with-
out review, clearance, or approval by any other administrative au-
thority.
(b) The Board shall submit an annual report to the President and
the Congress on its activities, which shall include a description of
significant actions taken by the Board to carry out its functions
under this title. The report shall also review the significant actions
of the Office of Personnel Management, including an analysis of
whether the actions of the Office of Personnel Management are in
accord with merit system principles and free from prohibited per-
sonnel practices.
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SECTION 205 OF THE ETHICS IN GOVERNMENT ACT OF 1978
(5 U.S.C. APP.) (PUBLIC ACCESS TO EXECUTIVE PERSON-
NEL FINANCIAL DISCLOSURE REPORTS; EXEMPTIONS)
SEC. 205. (a) Each agency shall make each report filed with it
under this title available to the public in accordance with the pro-
visions of subsection (b) of this section, together with a copy of the
official position description of the Government office or position
held by the reporting individual involved (if available) which shall
be added to such report by such individual's designated agency offi-
cial or by the Secretary concerned, except that this section does not
require public availability of the report filed by any individual in
the Central Intelligence Agency, the Defense Intelligence Agency,
or the National Security Agency, or any individual engaged in in-
telligence activities in any agency of the United States, if the Presi-
dent finds that, due to the nature of the office or position occupied
by such individual, public disclosure of such report would, by re-
vealing the identity of the individual or other sensitive informa-
tion, compromise the national interest of the United States. In ad-
dition, such individuals may be authorized, notwithstanding section
204(a), to file such additional reports as are necessary to protect
their identity from public disclosure if the President first finds that
such filing is necessary in the national interest.
(b)(1) Each agency shall, within fifteen days after any report is
received by the agency under this title, permit inspection of such
report by or furnish a copy of such report to any person requesting
such inspection or copy. The agency may require a reasonable fee
to be paid in any amount which is found necessary to recover the
cost of reproduction or mailing of such report excluding any salary
of any employee involved in such reproduction or mailing. A copy
of such report may be furnished without charge or at a reduced
charge if it is determined that waiver or reduction of the fee is in
the public interest.
(2) Notwithstanding paragraph (1), a report may not be made
available under this section to any person nor may any copy there-
of be provided under this section to any person except upon a writ-
ten application by such person stating-
(A) that person's name, occupation and address;
(B) the name and address of any other person or organiza-
tion on whose behalf the inspection or copy is requested; and
(C) that such person is aware of the prohibitions on the ob-
taining or use of the report.
Any such application shall be made available to the public
throughout the period during which the report is made available to
the public.
(c)(1) It shall be unlawful for any person to obtain or use a
report-
(A) for any unlawful purpose;
(B) for any commercial purpose, other than by news and
communications media for dissemination to the general public;
(C) for determining or establishing the credit rating of any
individual; or
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(D) for use, directly or indirectly, in the solicitation of money
for any political, charitable, or other purpose.
(2) The Attorney General may bring a civil action against any
person who obtains or uses a report for any purpose prohibited in
paragraph (1) of this subsection. The court in which such action is
brought may assess against such person a penalty in any amount
not to exceed $5,000. Such remedy shall be in addition to any other
remedy available under statutory or common law.
(d) Any report filed with an agency, or transmitted to the Direc-
tor of the Office of Government Ethics, pursuant to this title shall
be retained by such agency or the Office of Government Ethics, or
both, as the case may be. Such report shall be made available to
the public for a period of six years after receipt of the report. After
such six-year period the report shall be destroyed unless needed in
an ongoing investigation, except that in the case of an individual
who filed the report pursuant to section 201(b) and was not subse-
quently confirmed by the Senate, or who filed the report pursuant
to section 201(c) and was not subsequently elected, such reports
shall be destroyed one year after the individual either is no longer
under consideration by the Senate or is no longer a candidate for
nomination or election to the Office of President or Vice President
unless needed in an ongoing investigation.
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J. MISCELLANEOUS RELEVANT LAWS
NATIONAL EMERGENCIES ACT
(Public Law 94-412, 50 U.S.C. 1601-1651, 90 Stat. 1255, approved September 14,
1976)
AN ACT To terminate certain authorities with respect to national emergencies still
in effect, and to provide for orderly implementation and termination of future na-
tional emergencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "National Emergencies Act".
TITLE I-TERMINATING EXISTING DECLARED
EMERGENCIES
SEC. 101. (a) All powers and authorities possessed by the Presi-
dent, any other officer or employee of the Federal Government, or
any executive agency, as defined in section 105 of title 5, United
States Code, as a result of the existence of any declaration of na-
tional emergency in effect on the date of enactment of this Act are
terminated two years from the date of such enactment. Such termi-
nation shall not affect-
(1) any action taken or proceeding pending not finally con-
cluded or determined on such date;
(2) any action or proceeding based on any act committed
prior to such date; or
(3) any rights or duties that matured or penalties that were
incurred prior to such date.
(b) For the purpose of this section, the words "any national emer-
gency in effect" means a general declaration of emergency made by
the President.
TITLE II-DECLARATIONS OF FUTURE NATIONAL
EMERGENCIES
SEC. 201. (a) With respect to Acts of Congress authorizing the ex-
ercise, during the period of a national emergency, of any special or
extraordinary power, the President is authorized to declare such
national emergency. Such proclamation shall immediately be trans-
mitted. to the Congress and published in the Federal Register.
(b) Any provisions of law conferring powers and authorities to be
exercised during a national emergency shall be effective and
remain in effect (1) only when the President (in accordance with
subsection (a) of this section), specifically declares a national emer-
gency, and (2) only in accordance with this Act. No law .enacted
after the date of enactment of this Act shall supersede this title
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340 RELEVANT LAWS
unless it does so in specific terms, referring to this title, and declar-
ing that the new law supersedes the provisions of this title.
SEC. 202. (a) Any national emergency declared by the President
in accordance with this title shall terminate if-
(1) Congress terminates the emergency by concurrent resolu-
tion; or
(2) the President issues a proclamation terminating the
emergency.
Any national emergency declared by the President shall be termi-
nated on the date specified in any concurrent resolution referred to
in clause (1) or on the date specified in a proclamation by the Presi-
dent terminating the emergency as provided in clause (2) of this
subsection, whichever date is earlier, and any powers or authorities
exercised by reason of said emergency shall cease to be exercised
after such specified date, except that such termination shall not
affect-
(A) any action taken- or proceeding pending not finally con-
cluded or determined on such date;
(B) any action or proceeding based on any act committed
prior to such date; or
(C) any rights- or duties that matured or penalties that were
incurred prior to such date.
(b) Not later than six months after a national emergency is de-
clared, and not later than the end of each six-month period thereaf-
ter that such emergency continues, each House of Congress shall
meet to consider a vote on a concurrent resolution to determine
whether that emergency shall be terminated.
(c)(1) A concurrent resolution to terminate a national emergency
declared by the President shall be referred to the appropriate com-
mittee of the House of Representatives or the Senate, as the case
may be. One such concurrent resolution shall be reported out by
such committee together with its recommendations within fifteen
calendar days after the day on which such resolution is referred to
such committee, unless such House shall otherwise determine by
the yeas and nays.
(2) Any concurrent resolution so reported shall become the pend-
ing business of the House in question (in the case of the Senate the
time for debate shall be equally divided between the proponents
and the. opponents) and shall be voted on within three calendar
days after the day on which such resolution is reported, unless
such House shall otherwise determine by yeas and nays.
(3) Such a concurrent resolution passed by one House shall be re-
ferred to the appropriate committee of the other House and shall
be reported out by such committee together with its recommenda-
tions within fifteen calendar days after the day on which such reso-
lution is referred to such committee and shall thereupon become
the pending business of such House and shall be voted upon within
three calendar days after the day on which such resolution is re-
ported, unless such House shall otherwise determine by yeas and
nays.
(4) In the case of any disagreement between the two Houses of
Congress with respect to a concurrent resolution passed by both
Houses, conferees shall be promptly appointed and the committee
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I RELEVANT LAWS 341
of conference shall make and file a report with respect to such con-
current resolution within six calendar days after the day on which
managers on the part of the Senate and the