SSCI RESPONSE ON TITLE IV

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00759R000100120002-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 190
• Document Creation Date: December 12, 2016
• Document Release Date: January 22, 2002
• Sequence Number: 2
• Publication Date: January 25, 1980
• Content Type: MF

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5 .a AN 1980
MEMORANDUM FOR: General Counsel
SITATINTL ATTENTION:
I
FROM: James H. McDonald
Director of Logistics
SUBJECT: SSCI Response on Title IV
REFERENCE: Memo for GC fm D/L dtd 12 Sep 79,
same subj (OL 9 3518a)
1. The referenced memo expressed concern over the
impact that the proposed deletion of Section 422(c) would
have on procurement activities. Due to the importance of
these activities, we requested, in the referenced memo,
that Section 422(c) be reinstated verbatim.
2. We have recently noted that the Agency is not
specifically authorized to incrementally fund contracts for
supplies and services and for research and development.
We now request that the proposed legislation be modified
to include the specific authority to incrementally fund
contracts. The recommended language is noted in italics
on the attachment. The attachment is an amended copy of
page 20, Section 422(c), of the annotated draft of August 15,
TATINTL 1979, delivered from the U.S. Senate
3. We would appreciate a response to the request of
LEGIB 12 September 1979 to reinstate Section 422(c), along with
a response to the request of paragraph 2 above.
/s/ James H. McDonarW
James 11. McDonald
OL 0 0368
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1 2 SEP 1979
MEMORANDUM FOR: General Counsel
S, ATINTL ATTENTION:
FROM: James H. McDonald
Director of Logistics
SUBJECT: SSCI Response on Title IV
REFERENCE: Mutt adsee memo fm AGC dtd 20 Aug 79,
same subject (OGC 79-07659; OL 9 3518)
1. As requested in referent memorandum, we have
reviewed the SSCI staff changes to Title IV (draft) and
can, by and large, accept them without comment. However,
the deletion of Section 422(c), which basically authorizes
our covert procurement activities, gives us some concern.
We do not consider Section 422(c) to be redundant to any
other section or subsection of Title IV (draft) and request
that it be reinstated verbatim.
2. We would appreciate a definitive response to this
request.
is/ James . ;T"
James H. McDonald
Distribution:
Orig - Adsee
c,l OL/P&PS Official
1 - OL/P&PS Chrono
1 - OL Files
1 - D/L Chrono
TATINTL OL/PFPS~
Retyped
(10 Sept 1979)
pt 1979)
OL 9 3518(
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OGC 79-07659
20 August 1979
STATINTL
STATINTL
MEMORANDUM FOR: Deputy Director for Administration
Deputy Director for Operations
Deputy Director for National Foreign
Assessment
Deputy Director for Science and Technology
Deputy to the DCI for Resource Management
Deputy to the DCI for Collection Tasking
SUBJECT : SSCI Response on Title IV
Attached, for your information and review, is the most
recent correspondence from the Senate Intelligence Committee
staff responding to our latest revision of Title IV. There
are still a few rough spots but overall, I believe we have
made significant progress during the past several months in
the development of a charter that will best serve the
needs of this Agency. Please direct any comments you may
have to this office.
cc: General Counsel
C/GLD
C/O&MD
C/FOIA
C/L&PLD
0L
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STATINTL
 BIRCH SAYH, IND.. CHAIRMAN
HARRY OOLDWATER, ARIZ.. VICE CHAIRMAN
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31O5EP11 Ii. EIDEH, JR., EL. JOHN H. CHAFES, R.I.
DANIEL PATRICK MOYNIHAN, N.Y. RICHARD O, LUOAR. IND.
DANIEL K. INOtJYE. HAWAII MALCOLM WALLOP, WYO.
HENRY M. JACKSON, WASH: DAVID DURENBERGER. MINN.
PATRICK J. LEAHY, VY.
ROBERT C. BYRD, W. VA., EK OFMIO
HOWARD N. RAKER. in, TENN., EX OYP1C10
WILLIAM R. MILLER. STAFF DIRECTOR
EARL D. EISENHOWER. MINORITY BTAJF DIRECTOR
' JCnffeb . fafez 'Senate
SELECT COMMITTEE ON INTELLIGENCE
(PURSUANT TO B. RES. 400. M',YI CONORZ$S)
WASHINGTON, D.C. 20510
August 15, 1979
IN REPLY PLEASE
REFER TO Q# 9So.;
or the General Counsel
Central Intelligence Agency
Washington, D.C.
Dear George:
We have gone through your Title IV draft which in-
cluded many improvements. I am enclosing an annotated copy
of your draft. The reason behind most of the changes are
self-explanatory. However, a few comments might be
helpful.
Sec. 401(2): The activities of the CIA should be
regarded as necessary, not important. This is not
a standard but a statement of purpose.
Sec. 401(4): It should be made clear that one of
ttemain purposes of the CIA charter is accountability.
Sec. 412(a): Changes here make clear that any person
can le tie head of the CIA. Any person appointed
head of the Agency must be confirmed as such. If the
DNI or Deputy DNI is to be head of the CIA, he could
be confirmed in both offices simultaneously.
Sec. 413: Most of the general counsel section has
eeFi n moved to title I.
Sec. 414: Among other things the authority of the
CI witiin the U.S. has been clarified in conformity
with Title V, the FBI charter.
Sec. 421: Because subsection (k) says that the pro-
visions of subsection (a)-(e) and (i) are available
notwithstanding other laws, redundant language has
been eliminated.
Sec. 421(b): The exemption from the Privacy Act and
F TA w1 ave to be reviewed by the Senators before
a final decision. If this is acceptable to them, the
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ugus t 15,
Page Two
Privacy Act's exemption of CIA will be eliminated in
a conforming amendment.
Sec. 431 : It is not necessary to give the Agency
aut on y to provide paid domestic travel expenses
because it is already provided in Title V of the
U.S. Code.
Sec. 443(b): The Committee is drafting a criminal
statute which will apply penalties only to those who
have had authorized access to information and have
agreed to protect its confidentiality.
Bill Miller, John Elliff, and I look forward to seeing
you to discuss these matters.
Yours sincerely,
Keith Raffel
Counsel
enclosure (1)
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TITLE IV -- CIA I (`
TITLE IV -- CENTRAL INTELLIGENCE AGENCY
PART A
PURPOSES
STATEMENT OF PURPOSES
Sec. 401. It is the purpose of this title --
(1) to clarify the statutory authorities, functions, and
resporsibi.ities of the Central Intelligence Agency;
(2) to authorize the -Central Intelligence Agency to perform
rv.eC,e.5~/~ry .
intelligence activities that are it er- -n-y for-the conduct of
the foreign relations and the protection of the national security
of the United States;
(3) to ensure that the i- 4-i-ge~rce activities of the
Central Intelligence Agency are properly and effectively directed,
regulated, coordinated, and administered; and
(4) to ensure that the Central InEelligence
Agencyt,,are conducted in a manner consistent with the Constitution
and laws of the United States.
S 1jcc0U?J4-,qb1e_. 4-o +Ae e S,odeiUt
-f h e d o.vgr e sS, alv al 4`e e o01 e_
c1A7e s) d-~ _1_`!RT //5.
GZ c- r ?vr ?-b.e s
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ESTABLISHMENT OF AGENCY; DIRECTOR; DEPUTY DIRECTOR;
GENERAL COUNSEL; INSPECTOR GENERAL; FUNCTIONS
ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY
There is established in the Executive branch
402
Sec.
of the Government an independent'-establishment to be known
as the Central Intelligence Agency (hereinafter in this title
referred to as "the Agency"), which shall perform its functions
under the direction of the National Security Council and
subject to intelligence plans, objectives, and requirements
established by the Director of National Intelligence.
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,'jer/2pli 7, w1 ,4 7LJz
,gdelc e '91Va' COrvSeti;
Of 4A E Ss'v 4- ? ,
Sec 4-0a. (a) There shall be at the head of the Agency
DUTIES OF DIRECTOR AND DEPUTY DIRECTOR
a Director of the Central Intelligence Agency (hereinafter
this title referred to as the "Director of the Agency")/. The
Director of National Intelligence, or, if authorized by the
President in accordance with this Act, the Deputy Director
of National Intelligence or an Assistant Director
'))ty
Intelligence, s-tral serve as the Director of the
[Note: There should be an addition to section
of National
pra vo ded Tii p r
0o,rJn,Er
Agency -,I-he 4,0
h
702(b)
, erS?
of the 03 Suc
S D,re flt
Act, amending 5 U.S.C. 5313 to include the D/CIA at Level
of the Executive Pay Schedule]
(b) There shall be a Deputy Director of the Central
Intelligence Agency (hereinafter in this title referred to
addition to section 702(c) of the Act, amending 5 U.S.C. 5314 to
include the DD/CIA at Level III of the Executive Pay Schedule]
(c) At no time shall the offices of Director of the Agency
and Deputy Director be occupied simultaneously by commissioned
officers of the Armed Forces, whether in an active or retired
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II/)(- 4 h t
recce'v&$ -~~ f.
Ad vrC e. ~
C~ G1,15 F ~/ .>
as
the "Deputy Director") who shall be appointed by the President,
with the advice and consent of the Senate, and who shall assist
in carrying out the functions of the Director of the Agency 'and
who shall exercise all the duties of the Director of the Agency in
the absence of the Director of the Agency. [Note: There should be an
.-.era f's'P''^'S?i F....C'.~?"!~'~?
 (d) (1) If a commissioned officer of the Armed Forces is
appointed as Director of the Agency or Deputy Director, then--
(A) in the performance of the duties of Director. of
the Agency or Deputy Director, as the case may be, the
officer shall be subject to no supervision, control,
restriction, or prohibition (military or otherwise) other
than would be applicable if that officer were a civilian
in no way connected with the Department of Defense, the
military departments, or the Armed Forces of the United
States or any component thereof; and
(B) that officer shall not possess or exercise any
supervision, control, powers, or functions (other than
those authorized to that officer as Director of the Agency
or Deputy Director) with respect to the Department of
Defense, the military departments, or the Armed Forces of
I
the United States or any component thereof, or with respect
to any of 'the personnel (military or civilian) of any of
the foregoing.
(2) Except as provided in this section, the appointment
to the office of Director of the Agency or Deputy Director of
a commissioned officer of the Armed Forces, and acceptance of
and service in such an office by that officer, shall in no way
affect any status, office, rank, or grade that officer may
occupy or hold in the armed forces, or any emolument, perquisite,
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right, privilege, or benefit incident. to or arising out of any
such status, office, rank, or grade. A commissioned officer
shall, while serving in the office of Director of the Agency or
Deputy Director, continue to hold rank and grade not lower than
that in which that officer was serving at the time of that
officer's appointment as Director of the Agency or Deputy Director.
(e) It shall be the duty of the Director of the Agency to--
(1) ensure that the activities of the Agency are
conducted in accordance with the provisions of this Act
and with the Constitution and laws of the United States;
(2) ensure that the activities of the Agency are
properly and efficiently directed, regulated, coordinated,
aid administered;
(3) perform as Director of the Agency the duties
assigned elsewhere in this Act to the head of each entity
of the intelligence community;
(4) protect intelligence sources and methods from
unauthorized disclosure; and
(5) specify by regulation the order in which senior
officials of the Agency may exercise all the duties of the
Deputy Director during any temporary absence, disability,
ptov//ec" ~fiAf"
or vacancy in that office, asuch officials are lamb--
authorized to exercise such duties for a period not to
exceed 180 days.
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(2) review all ru es and regulations of the Agency and
of the office of the irector of National Intelligence,
including but not mited to any rule or regulation proposed
to implement the rovisions of this Act, to ensure that such
rules and regu ations -are in conformity with the Constitution
GENERAL COUNSEL AND INSPECTOR GENERAL
11-
Sec.Y4-04-. (a) There shall be a General Counsel
appointed by the President, by and with the advice acid
consent of the Senate, who shall serve as the prinipal legal
advisor to the Director of National Intelligent and the
Director of the Agency and shall have the responsibility
and authority to--
(1) review Agency activities a d activities of the
office of the Director of National Intelligence to determine
whether such activities-re in nformity with the Constitution
and laws of the United-States Executive orders, _ Presidential
directives and memoranda, a the rules, regulations, and
palicies of the Agency;
and laws of fha United States, Executive orders, and Presidentia:
directives and memoranda;
(3) perform the same duties with respect to the Agency
and th office of the Director of National Intelligence as the
gene al counsels of all entities of the Intelligence Community
ar required to perform by other provisions of this Act; and
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 Deputy General Counsel is authorized to exercise X11 functions
this Ac
(4) perform such additional duties as the Director
of the General Counsel;
(1) investigate all activities of the Agency and of the
Office of the Director of National Intelligence to determine
in what respects authorized functions may more effectively be
performed and to determine thIfacts and circumstances of any.
responsibility and authority to--
(c) There shall be an Inspector General f the Agency appointed
by the Director of the Agency. The Inspecto General shall have the
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of National Intelligence or the Director of-the Agency may
prescribe.
(b) In the temporary absence of-the General Cosnsel, the
alleged wrongdoing;
(2) advise the Direltor of National-Intelligence, and the
r
(4). Perform such other investigations as the Director
of National Intelligence or the Director of the Agency deem
necessary and appropriate, consistent with the provisions of
3) ?report Any indications of possible violations of
5) perform the same duties with respect to the Agency
athe Office of the Director of National intelligence as the
ect ors general of all entities of the Intelligence Community
a r%p~ ~ ofdRgkaWF U /lay: (P BBxwYd9g0b$001$OOd2ils Act; and
Director of the Agency, of findings regarding activities
of the office of the irector of National intelligence or of the
Agency, respective) .
ter'"'
(0)
pertorm such other duties as the Director of National
 -6-
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GENERAL COUNSEL AND INSPECTOR GENERAL
Sec. 413. (a) There shall be a General Counsel appointed
by the President, by and with the advice and consent of the
Senate, who shall discharge the responsibilities of general
counsel under this Act for the Agency and who may, when the
Director or Deputy Director of National Intelligence is
Director of the Agency, discharge such responsibilities for
the Office of the Director of National Intelligence.
(b) There shall be an Inspector General appointed by
the Director of the Agency who shall discharge the responsi-
bilities of inspector general under this Act for the Agency
and who may discharge such responsibilities for the Office of
the Director of National Intelligence.
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ell
Sec. 4&5. (a) All activities, duties, and responsibilities
of the Agency shall be performed in accordance with this
Aft;.
/ (1) conduct foreign intelligence activitie including
.'(b) The Agency shall--
(3) conduct counterintelligence and ounterterrorism
rf )' '
intelligence activities outs-id"e :t-he=Uni ed States, and within
the United States in coordination wit/the Federal Bureau
1 collection by clandestine means;
2) conduct special activities;
(4) process and analyze da 6 and information collected
by any entity of the Intellige ce Community as necessary
of Investigation;
to fulfill its responsibilities under this Act;
(5) produce, publis V and disseminate
intelligence to meet thg,'needs of the President the
National Security Cou-cil, the Director of National
Intelligence, and /off her officials and departments and
agencies, includi'g national intelligence estimates 'and
similar analys s coordinated with other entities of the
Intelligence Community;
(6) ollect information, by other than clandestine
means, en it is relevant to any authorized Agency function;
7) develop, conduct, and provide support for technical
and/other programs, including signals intelligence activities,
Appdolwed Foi Rbleeslei LD5/26u CA4R P8fi-00 81 QDd2WM;1
 (8) act as the agent of the Director of Natio ~1
Intelligence in the coordination of'counterintell" ence
activities, counterterrorism intelligence activ' ies, and _
clandestine collection of foreign intelligenc , conducted
outside the United States by any other enti y of the
Intelligence Community;
(9) conduct liaison
foreign governmental agencies under ~e direction of the
Director of National Intelligence nd act as the agent of
the Director of National Iritelli ence in the coordination
of such liaison by any other tity of the Intelligence
Community;
(10) conduct for th Intelligence Community and as
directed by the Directo of National Intelligence services
of common concern sue as monitoring of foreign public
radio and televisio broadcasts and foreign press services,
collection of in ~ lligence from cooperating sources in the
United States, nd acquisition and translation of foreign
publications/ and photographic interpretation; I f,
(11) coordinate the overt collection of intelligence
by entit es of the Intelligence Community from witting and
volun ry sources within the United States;
(12) conduct or contract for research, development,
procurement of systems and devices relating to the
Agency's authorized functions;
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inspection, common' Tfs, and audit services and other
(13) provide legal, legislative ity
to the Office of the Director of..National Intelligence.
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FUNCTIONS
Sec. 414 (a) All activities, duties,'and responsibilities
of the Agency shall be performed in accordance with this Act.
(b) The Agency shall--
(1) conduct foreign intelligence activities
including collection by clandestine means;
(2) conduct counterintelligence and counterterrorism
intelligence activities including activities by clandestine
means;
(3) conduct special activities;
(4) process, analyze, produce, publish, and
If
disseminate foreign intelligence and related information
to meet the needs of the President, the National Security
Counsel, the Director of National Intelligence, and
other officials and departments and agencies, including
nat-tonal intelligence estimates and similar analyses
coordinated with other entities of the Intelligence
Community;
(5) develop, conduct, and provide support for
technical and other programs, including signals intelligence
activities and reconnaissance programs, to collect
intelligence outside the United States;
(6) act as the agent of the Director of National
Intelligence in the coordination of counterintelligence
activities, counterterrorism intelligence activities, and
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-9-
clandestine collection of foreign intelligence,
conducted outside the United States by any other entity
of the intelligence community;
(7) conduct liaison relationships
with foreign governmental agencies under the direction
of the Director of National Intelligence and act as the
agent of the Director of National Intelligence in the
coordination of such relationships by any other entity
of the intelligence community;
(8) conduct services of common concern on behalf
of tie intelligence community as directed by the
Director of National Intelligence;
(9) conduct or contract for research,-development,
and procurement of systems and devices relating to its
authorized functions;
(10) perform inspection, audit, public affairs,
legal, legislative, and other administrative functions
to support its authorized activities, and provide
such support to the Office of the Director of National
Intelligence as directed by the Director of National
Intelligence; and
(11) perform such additional functions as are.-.__
otherwise authorized by this Act to be performed by
each entity of the intelligence community, .,
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(c) Within the United States the Agency may collect
foreign intelligence by clandestine means only in coordination
with the Federal Bureau of Investigation and may not direct
such collection against unconsenting United States persons.
(d) Within the United States the Agency may conduct
counterintelligence and counterterrorism intelligence activities
by clandestine means only with the approval of the Director of
the Federal Bureau of Investigation or a designee, made or
confirmed in writing, and shall keep the Federal Bureau of
Investigation fully and currently informed of any such
activities.
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 rovdd6'}eFea`e'010`T7~':rlJ'=RbP85`0075~R000btl12bbD2-1
AUTHORITIES OF THE AGENCY; AUTHORIZATION FOR APPROPRIATIONS
GENERAL AUTHORITIES OF THE AGENCY
42/.
Sec. -4-&6- (a) In carrying out its functions under this
Act, the Agency is authorized to--
Ercl,~-~uge ~ur~ ds~ A#-d
(1), transfer to and receive from other departments
and agencies such sums of money as may be approved by
the Director of the Agency for the purpose of carrying out
authorized functions, and sums so transferred to or from the
Agency may be expended without regard to any limitation on
appropriations from which transferred;
r ~Y ^^r-c ie e reimbursement
other departments and agencies in connection with the. detail
or assignment of personnel to or from the Agency;
(~.) rent any premises within or outside the United
States as appropriate to carry out any authorized function of
buildings or facilities %
the Agency ; lease property, supplies, services, equipment,
sp prPSr_ri6p ~?...
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A~ *~i:~7.~-A-n?-A'C1'" ar'f~i "k!i ng appr op r 1 a
ive h-ef-th en or T ~'"' isa "" -nd-i-ffT
3 ?-- _ ..,.;".~rrrd~~f~c- a ttrer prrrposevs "~-'apA~:c>c~ c3...,3 ... u e 3 2
acquire, construct, or alter buildings and
facilities, or contract for such purposes, w1-ttmm-t--r+eg-&r4-to
'~.rLe.-.~k~-3-TC'"Bt] 1 I'1g S C $-~~_~ a ~ imp nc3 ~c~
o r any-.othe r--law-rb-I ijig"t6''C'n't'r tt" tau-ses--or--pr-ocedu-e-s- r
o,he-r--puxneant-malt-e?rs; repair, operate, and maintain buildings
utilities, facilities, and appurtenances;
(N .w ttrc ny- ~he-r pr. v-i one of- d.aw
maintain and operate full-scale printing facilities for the
production of intelligence and intelligence-related materials
and-lease or purchase and operate computer and communications
equipment as appropriate to carry out authorized functions;
('F conduct background investigations in accordance with
Title II, and, with appropriate consent, , to
determine the suitability and trustworthiness of applicants
for employment or contractor status or access to Agency
information or facilities, employees, contractors and
their employees, cooperating sources of information or
assistance, consultants, applicants for employment with and
employees of proprietaries, and persons similarly associated
with the Agency or the Office of the Director of National
Intelligence;
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 (`7,) acquire, establish, maintain, and operate secure
3
communications systems in support of Agency operations and
in support of the Office of the Director of National
Intelligence, and, when authorized by the Director of the
Agency, in support of any other department'or agency;
(8) in addition to the authority provided under 31 U.S.C.
686, provide to any department or agency such services, supplies,
or equipment as the Agency may be in a position to render, supply.
or obtain by contract, and place orders with deparments or agency(
that ray be in a position to render, supply, or obtain services,
supplies, or equipment -by contract or otherwise;
() protect Agency personnel, installations, equipment and
information by lawful security procedures, including, but not
limited to, inspections of persons and items entering or leaving
facilities and grounds owned or utilized by the Agency;
s e
~~e~~:.t-~rcrrrs-?~9 ret~-i~56--^ta~Zg~r?~l?66~
I
-t -) rr att
provide transportation, in
accordance with regulations approved by. the Director.of the Agenc
for officers, employees and contractors of the Agency and the
Office of the Director of National Intelligence, or their
dependents, when other means of transportation are unsafe or
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settle and pay claims of civilian and
military personnel, as prescribed in Agency regulations
consistent with the terms and conditions by which claims
are settled and paid under the Military Personnel and
Civilian Employees' Claims Act of 1964, as amended (31 U.S.C.
240-243);
V
le
(T34 pay, in accordance with regulations approved by
the Director, expenses of travel in connection with, and
expenses incident to membership in, or attendance at meetings
of professional, technical, scientific, and other similar
organizations and professional associations when such
attendance or membership would be of benefit in the conduct
of the work of the Agency; and
I1
(T4-) provide or pay expenses of trainingz-.--x-eQje~
to support
authorized Agency functions, and, as appropriate, provide
training for personnel of other departments and agencies.
('C5) perform inspection, audit, public affairs, 'legal,
legislative, and other administrative functions; and
(1-6+ perform such additional functions as are otherwise
authorized by this Act to be performed by each entity'of the
Intelligence Community.
(b) Any department or agency may transfer to or receive from
the Agency any sum of money in accordance with subsection (a)(l)-(3)
of this section.
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
(c) Any department or agency is authorized to assign or
detail to the Agency any officer or employee of such department
or agency to assist the Agency in carrying out any authorized
function and the Agency may similarly assign or detail personnel
to any other department or agency.
(d) No provision of law shall be construed to require the
Director of the Agency or any other officer or employee of the
United States to disclose information concerning the organization,
functions, of the Agency, including the name, official
title, salary, or affiliation with the Agency of any person employed
by, or otherwise associated with the Agency, the number of persons
employed by the Agencyf--oz.aay~_aspect of--the--Agency-_budget. In addition,
the Agency shall also be exempted from the provisions of any law which
require the publication or disclosure, or the search or review in
connection therewith, of information in files specifically designated
to be concerned with: The design, function, deployment, exploitation
or utilization of scientific or technical systems for'the collection
of intelligence; Special activities and intelligence operations;.
investigations conducted to determine the suitability of potential
intelligence sources; intelligence and security liaison arrangements
or information exchanges with foreign governments or their
intelligence or security services; except to the extent that disclosure
is required under Sections 552 and 552a of Title 5-of information
concerning American citizens and permanent resident aliens requrested
by such persons on themselves.
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 Approved For Release 2002/05/291~CIA-RDP85-00759R000100120002-1
(e) The Agency is authorized to establish, administer,
and maintain methods to conceal and protect the relationship
between the Agency and any of its officers,. employees, sources,
and activities, and for personnel and activities of the Office
of the Director of National intelligence, and for defectors from
foreign countries.
(f) The Agency may continue to use and may modify with
the approval of the President the seal of office used by the
Central Intelligence Agency prior to the effective date of this
title and judicial notice shall be taken of such seal.
(g) The Director of the Agency may employ or contract
for security officers to police and protect the security
of Agency personnel, installations and grounds.owned or utilized
by the Agency or the Office of the Director. of National Intelligence
and such security officers shall have the same powers as sheriffs
and constables for the protection of persons and property, to
prevent breaches of the peace, to suppress affrays or unlawful
assemblies, and to enforce any rule or regulation the Director of
the Agency may promulgate for the protection of-such installations
and grounds. The jurisdiction and police powers of such security
officers shall not, however, extend to the service of civil
process.
(h) Under such regulations as the Director of the Agency
shall prescribe, Agency personnel may carry and use firearms
while in the discharge of their official duties: provided,
that within the United States, such official duties shall include
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.q yq!~s p6O MIa}.
 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
only the protection of (1) information concerning intelligence
sources and methods and classified documents and material; (2)
facilities, property, monies and other valuable assets owned,
or utilized by the Agency or the Office of the Director of
National Intelligence; (3) personnel of the Agency or the
Office of the Director of National Intelligence as may be
designated by the Director of the Agency; and (4) defectors
and foreign persons visiting the United States under Agency
auspices; and Provided further, That such duties shall include
the transportation and utilization of firearms for authorized
traini4g.
(i) (1) The Agency may employ, manage and separate
personnel or contract for personal services.-as it deems
- r` - 9' t?" e"`provi~ ons-~of-any-at e-r
advisable,
-~-~txrc-i?nc~-irrg-~~ov- srons--o?f 1.-a?w~~ ;~~~~a-bpi.-s?~i~--cin5
on-types-xaf-per-gor~s-- krr"b~"e~~, and may fix the compen-
sation of such personnel at rates not in excess of the maximum
rate authorized under other provisions of law;
(2) Nona the andrng--any~D to ,~.
Thy
the Director of the Agency may terminate the employment
of any officer or employee of the Central Intelligence Agency,
or the access of any individual, including contractors, of
the Agency or any employee of any such contractor, to infor-
mation relating to intelligence activities whenever the Director
of the Agency considers such termination necessary or advisable
in the interests of the national security of the United States.
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-18-
(3) Any Agency officer or employee, including any
officer or employee who has been separated under paragraph
(1), or whose employment has been terminated under paragraph
(2), may seek or accept employment in the competitive
service of the Government if declared eligible for such
employment by the Office of Personnel Management; and that
Office shall consider such officer or employee for position
in the competitive civil service in the same manner as if
transferring between two-positions in the competitive service,
but only if such Agency officer or employee has served with the
Agency or the Office of the Director of National Intelligence for
a total of at least one year continuously immediately preceding.
separat.a.on or termination.
(j) The Agency shall have no police, subpoena, or law
enforcement powers, nor perform any internal security or
criminal investigation functions, except to the extent,
expressly authorized by this Act.
(k) Except as otherwise provided in this Act, the
provisions of subsections (a)-(e) and (i) of this section
shall be available notwithstanding any other provision of
 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-19-
4 2 Z.
Sec. -4-E . (a) The Agency is authorized to procure,
use, and dispose of such real and personal property, supplies,
services, equipment and facilities as may be necessary to
carry out authorized functions.
(b) The provisions of chapter 137, relating to the
procurement of property and services, and chapter 139,
relating to the procurement of research and development
services, of title 10, United States Code, as amended, shall
apply tp the procurement of property and research and
development services by the Agency under this title in. the
same manner and to the same extent such chapters apply to
the procurement of property, services, and research and
development services by the agencies named in section
2303(a) of chapter 137 of title 10, except that the Director
of the Agency, may specify by regulation when any or all of
the, provisions of chapters 137 and 139 of title 10 may be
waived for the effective performance of authorized functions.
The Agency is further authorized, ithout regard
to any other ovision of law, to ure, use, and dispose
ser x es in such a manner that.the
of property, goods, +
role of the Agenc 's not a rent or acknowledged, if
conce-alme of Agency involvement appropriate?for the
e,,f-fe-'ctti.vve performance of authorized functi. ns.
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
(c) In accordance with regulations promulgated by the
Director of the Agency, the Agency is authorized to enter
into contracts and amendments of contracts, to inerementZy
fund contracts either for supplies and services or research
and development, and to make advance payments on contracts,
without regard to any other provision of law, whenever
deemed necessary for the effective performance of authorized
functions.
(d) The Agency is authorized to dispose of property
and use the proceeds therefrom to purchase new property
without regard to any other provision of law whenever the
Director of the Agency deems such action necessary for the
effective performance of authorized functions.
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 App-r?avbd For'Rele'6se 2002td5 29 CIA'RDP85=D0759R0001b0`12o062-'
ell,
N)
In accordance with regulations promulgated by the
Director of the Agency ,the Agency is authorized to enter into
contracts and amendments of contracts ,,A,and to make advance
payments on contracts, without regard )to any other provision
of law, whenever dee d necessary for/the effective performance
of authorized functbns.
NO The Agen is authorized t dispose of property and
use the proceeds t refrom to purch se new property without
regard to any othe provision of l.a v whenever the Director
of the Agency deer such action ne essary for the effective
performance of au~ horized functiory
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 p0'r..veti rd Relea- "kb se "20172f/9`:A~1F?$5- 1~7.'9R_10'01 0:120-40
Sec. 4-6-13?. (a) The Agency is authorized to establish and operate
proprietaries in support of Agency operations and, with the
approval of the Director of National Intelligence, in support
of other entities of the Intelligence Community. In addition,
any such proprietaries may be operated on a commercial basis to
the extent necessary to provide effective cover.
(b) Appropriated funds and funds generated by an Agency
proprietary or otherwise received may be deposited in banks or
other financial institutions and expended as necessary to
accomplish operational purposes except that funds in excess of
amounts---necessary for such purposes shall be deposited into
miscellaneous receipts of the Treasury.
(c) Proceeds from the liquidation, sale, or other
disposition of any Agency proprietary may be expended to establish
and operate other proprietaries in furtherance of the same or
closely related operational purposes. Any such proceeds not so
expended shall be deposited into miscellaneous receipts of the
Treasury, except for amounts deemed necessary or required by
law to be retained for the purpose of satisfying claims or
obligations.
4Z3
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 Approved For. Release 2002/05129 CIA=RDP85- 0759R0O0 f}120~0 '''I> :h r
(d) Whenever any Agency proprietary, or operationally
related gioup of proprietaries, whose net value exceeds $150,000 in
is to be liquidated, sold, or otherwise disposed of,
the Agency shall, as much in advance of the liquidation, sale, or
other disposition as practicable, report the circumstances of the
intended liquidation, sale, or other disposition to the Permanent
Select Committee on Intelligence of the House and the Select
Committee on Intelligence of the Senate.
(e) Employees of such proprietaries shall not be considered
to be employees of the United States or entitled to benefits of
any kind accruing to or vesting in employees of the United States
unless specifically designated to be so considered in accordance
with regulations promulgated by the Director of the Agency.
As used in this section, the term "proprie u jeans
o
-_~~-.,.?,
other entity
owned or contro y the c but whose relationship with
-t ht Agency i s not officially acknowl ed A.,
(,) The authority contained in this section shall, except
as otherwise provided in this Act, be available to the Agency
notwithstanding any other provision of law.
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 pproved"For'Refease" 2002103/29':tIARDP85:0075080001 00120002-1'
-.23-
RELATIONSHIPS WITH OTHER ENTITIES
Sec. 4'. In addition to those activities of the Agency
that relate to other departments and agencies and that are
authorized in other provisions of this Act, the Agency is further
authorized--
(1) to request other entities of the intelligence
community to undertake authorized intelligence activities.
(2) to receive assistance from federal, state and
local law enforcement agencies in the conduct of authorized
functions.
(3) to provide and receive technicalguidance,
training, and equipment, and, under regulations established
by the Director of the Agency, the services of expert personnel,
to or from any other federal agency or foreign government, and,
when not readily available from another federal agency, to or
from state or local governments;
(4) to provide and receive technical information or
assistance to or from the Passport Office of the Department
of State and the Immigration and Naturalization Service of
the Department of Justice to assist in carrying out--
authorized functions;
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002=1
(5)
when the Internal Revenue Service is performing
an audit of an Agency proprietary or any other organizatiorL
or individual whose relationship with the Agency is concealed
or protected, to notify the Internal Revenue Service-of
such relationship in order that it not be disclosed publicly
in connection with the audit.
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 ed FGr'F ease' t1b2f05/2~ l =Ri7P8 -c1O7591 060100120002-1}
ADMISSION OF ESSENTIAL ALIENS
Sec. 4.l-&(a). Whenever the Director of the Agency, the Attorney
General, and the Commissioner of Immigration and Naturalization
determine that the entry of particular aliens into the United
States for permanent residence is in the interest of national
security or essential to intelligence activities, such
aliens and their immediate families shall be given entry into
the United States for permanent residence without regard to
their inadmissibility under, or their failure to comply with,
any immigration law of the United States or any other law or
regulation, but in no case *May the number of aliens and members
of their immediate families who enter the United States under the
authority of this section exceed one hundred in any one fiscal
year. The Agency is authorized to process, debrief, and provide
relocation assistance to such individuals, as necessary and
appropriate under regulations established by the Director of the
Agency.
(b) When extraordinary circumstances indicate that"=a
foreign person associated with the Agency should enter- or leave
the United States under other than that person's true identity,
the Agency is authorized to notify the Immigration and Naturalizatior
Service of these circumstances and request a waiver of otherwise
applicable rules and procedures.
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 74pprbve'd F iY^R fea[ 3002/0 /29`:'f l'A"Ftf1 =00?761 Ob0T0 `12O6,0 =i"`~`.
AUTHORIZATION FOR APPROPRIATIONS AND EXPENDITURES
_yzb
Sec.'s-1. (a) Notwithstanding any other provision of
law, sums available to the Agency by appropriation or otherwise
received may be expended to carry out the authorized functions
of the Agency. Funds appropriated to the Agency may not be
expended unless authorized by legislation enacted during the
same or one of the two immediately preceding fiscal years,
except that this limitation shall not apply to funds appropriated
by any continuing resolution.
(b) Whenever the Director, of the Agency determines such
action to be necessary in the interest of the national security,
the expenditure of funds appropriated to or otherwise received by
the Agency shall be accounted for solely on the certificate of the
Director of the Agency and every such certificate shall be deemed,
a sufficient voucher for the amount certified therein.
(c) There. is established and the Director of the Agency
is authorized to establish and maintain a fund to be known as the
Contingency Reserve Fund (hereinafter in this section referred to
as the "Reserve Fund") and to credit to the Reserve Fund monies
specifically appropriated to the Central Intelligence Agency
for such fund and unused balances of funds previously w-i-thdrawn from
the Reserve Fund. --f?r
r r y n r^ a1Ad . - ---t ~ c3 -.1.27v 1 }a O_'' ; '' "`~ a n rLa p pi i a t a
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 Approved For Release X002%08/29 CIi-RI~p85=00TS9F~00100 f1b6~2-1
(d) The Director of the Agency is authorized to
expend monies from the Reserve Fund for the payment of
expenses incurred in connection with any authorized
intelligence activity if---
(1) the withdrawal of funds from the Reserve
Fund has been approved by the Office of Management and
Budget;
(2) the Committee on Appropriations of the
House of Representatives, the Committee on Appropriations
of the Senate, the Permanent Select Committee on Intelligence
of the House of Representatives, and the Select Committee on
intelligence of the Senate have been notified of the purpose
of such withdrawal at least 72 hours in advance of the
wit-hdrawal; except that in extraordinary circumstances the
Director of the Agency may authorize the withdrawal of funds
from the reserve Fund without prior notification to the
appropriate committees of the Congress if the Director of
the Agency notifies such committees within 48 hours after
initiation of the withdrawal, describes the activity for
which such funds have been or are to be expended, certifies
to such committees that prior notification would have
resulted in a delay which would have been harmful to the
United States, and discloses to such committees the reasons
why the delay would have been harmful. The foregoing shall
not be construed as requiring the approval of any committee
of the Congress prior to the initiation of any such activity;
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1.
anticipated at the time the President's budget was
(3) the monies from the Reserve Fund are used solely
for the purpose of meeting requirements that were not
(e) Monies from the Reserve Fund may be expended only for
submitted to the Congress for the fiscal year in which the
withdrawal is authorized, and the activities to be funded
require protection from unauthorized disclosure.
the purpose for which the withdrawal was approved under this
subsection and any amount approved for expenditure but not actually
expended or to be expended for the purpose for which approved shall
be returned, to the Reserve Fund.
4} r.ry aciLiv iy urtd
ed ronr ;LJ r ~S~ '/~..
/
'
.~a
c,oni-f-h r d ut S i3 - " 4 hE. k r
purud 4-h tV
04 +he -Si-Sc$1/. yer rr i'A) 14 LvAS
-unJ d e d b7 n7 or,//e -0 +h F
, ,&d s h
-~T
-~-/ ro v n - h e r c v Iq, r OI L4
Q
pro r- ss
101-tj e_ 41 P- iq b /c
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 -29-
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PART D
TRAVEL AND OTHER ALLOWANCES; RELATED EXPENSES;
RETIREMENT SYSTEM; AND DEATH GRATUITIES
4172. (a) As used in this section "employee" does not
include, unless otherwise specifically provided in accordance
with regulations issued by the Director of the Agency, any person
working for the Agency under a contract or any person whop, when
initially employed, is a resident in or a citizen of the foreign
country in which such person is to be assigned to duty.
(b) Under regulations issued by the Director of the Agency
the Agency may pay--
travel, transportation, and subs isteDqe--exfm-fftes
comoarablle to t Aram.-. in chanters 57 and 59
erf" le 5, United States d,
('2.) travel,
transportation,t\subsistence, and other
allowances and benefits in a manner and under circumstances
comparable to. those provided under title IX of the Foreign
Service Act of 1946 (22 U.S.C. 1131-1159);
educational travel benefits for dependents in
the same manner and under the same circumstances as such
benefits are provided under 5 U.S.C. 5924 (4)(A)and (B) for
dependents of employees of the Department of State;
..3
(4,j death gratuities in the same manner as such
gratuities are provided under section 14 of the Act'
entitled "An Act to provide certain basic authority
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-30-
for the Department of State", approved 1 August 1956
(22 U.S.C. 2679a), to the extent that the Director of
the Agency determines that death occurred in the course
of operational activity or resulted from hostile or
terrorist action; and
avel" and necessary subsistence al_ aa-no
(c) Whenever any provision of law relating to expenses,
allowances, benefits or death gratuities of Foreign Service
employees Qr dependents is enacted after the date of enactment of
this Act in a form other than as an amendment to one of the provisions
referred to in subsection (b) and the Director of the Agency
determines that it would be appropriate for the purpose of promoting
the effective performance of authorized functions, the Director of
c~ ~ ~ -f /h c. /41 o Y / l o -~ r, ~ (fir e.s ,'& e nj -4
the Agency may% by regulation, authorize payment, in whole or in
part to Agency employees or dependents of such expenses, allowances,
benefits and gratuities.
(d) Notwithstanding the provisions of subsections (b)-and
(c), and under regulations issued by the Director of the Agency,
the Agency may pay expenses, allowances, benefits, and gratuities
similar to those specifically authorized in those subsections in
any case in which the Director of the Agency determines that such
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 Approved For Release 2002/05 CIA-RDP85-00759R000100120002-1
expenses, allowances, benefits or gratuities are necessary for
the effective performance of authorized functions or that, for
reasons of gperational necessity or security, the means of
paying expenses, allowances, benefits, and gratuities authorized "
in subsections.(b) and (c), should not be utilized, and may pay
special expenses, allowances, benefits, and gratuities when
necessary to sustain particular Agency activities.
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 Aplroved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-32-
,-13
4-31. The "Central Intelligence Agency" in Section
111(1) of the Central Intelligence Agency Retirement Act, and
the "Director of Central Intelligence" in Section 112 of that Act,
shall be deemed to refer to the "Central Intelligence Agency"
and the "Director of the Agency" as established under this title.
with the exception of the foregoing sentence, nothing in this Act
shall affect the entitlement of Agency employees and former Agency
employees to participate in the retirement system established by
the Central Intelligence Agency Retirement Act or the retirement
system established by chapter 83 of title 5, United States Code.
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 Approved For Release 2002/05/29SIA-RDP85-00759R000100120002-1
TRANSFER OF PERSONNEL,-PROPERTY, AND FUNCTIONS;
STATUTES REPEALED; EFFECT OF SUBSEQUENT LAW
TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS
Sec.*,. (a) All positions, except those of the Director
of Central Intelligence and the Deputy Director of Central
Intelligence, established in and personnel employed by the Central
Intelligence Agency on the day before the effective date of this
title, and all obligations, contracts, properties, and records
employed, held, or used by the Agency are transferred to the Agency.
(b) All orders, determinations, rules, regulations, permits,
contracts; certificates, licenses, entitlements, and privileges which
have become effective in the exercise of functions transferred under
this title and which are in effect on the effective date of
this title, shall continue in effect until modified,
terminated, superseded, set aside, or repealed by the Director of
the Agency or other properly designated Agency official, by any
court of competent jurisdiction, or by operation of law.
(c) The provisions of this title shall not affect any
proceedings pending before the Central Intelligence Agency as in
effect prior to the effective date of this title.
(d) No suit, action, or other proceeding begun prior to the
effective date of this title, shall abate by reason of enactment of
this title.
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 Approved For Release 2002/05/29 CIA-RDP85-00759R000100120002-1
(e) With respect to any function transferred by this title-
and exercised after the effective date of this title, reference
in any other Federal law to any department, agency, office,.or-. -
part thereof shall be deemed to refer to the department, agency,
or office in which such function is vested pursuant to this title,
and reference in any other Federal. law to a provision of law
replaced by similar provisions in this title shall be deemed to
refer to the provisions in this title.
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
STATUTES REPEALED; EFFECT OF SUBSEQUENT LAW
Sec.-.
of this Act shall be he considered or cost amending,
rtr6l as m
limiting, superseding or oth modifying any provision of
this title un uch law does so by s 'fically and explicitly
P<
limiting, or superseding such provision.
Section 102 of the National Security Act of
1947 (50 U.S.C. 403) and the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403a-403j) are repealed.
No law enacted after the date of theiac?rt~ent
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 Approved For Release 2002/05/29 3C6IA-RDP85-00759R000100120002-1
CRIMINAL PENALTIES
jjq3
Sec. 4-1-t-. (a) (1) Chapter 33 of Title 18, United'States
Code, is amended by adding at the end thereof a new section as"
follows:
"S. 716. Misuse of the name,, initials, or seal of the
Central Intelligence Agency
"Any person who knowingly and without the express written
permission of the Director of the Central Intelligence Agency
uses the name 'Central Intelligence Agency', the initials 'CIA',
the seal of the Central Intelligence Agency, or any colorable
imitation of such name, initials, or seal 'in connection with any
impersonation for other than authorized purposes or in connection
with any commercial enterprise, including any merchandise,
advertisement, book, circular, pamphlet, play, motion picture,
broadcast, telecast, or other publication or production in a manner
intended to convey the impression that such use is approved, endorse
or authorized by the Central Intelligence Agency shall be fined not
.S i c? , u-?v 1? S i r11 c tth AS
more than x#36 or imprisoned not more than eft--ye te, 'or both."
(2) The table of sections at the beginning of chapter 33 of
such title is amended by adding at the end thereof a new item as
follows:
"716. misuse of the name, initials, or seal of the Central
Intelligence Agency."
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
(b)(1 Title 18, United States Code, is amended by adding
at the end thereof the following new chapter:
Chapter 38. Unauthorized disclosure of information
identifying certain individuals engaged or assisting in
intelligence activities.
[Provided Separately]
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 WO b%q>IMie?l Rel ~ ~O DDS/$'~T 17A~0 9 04Q 1T ~ N
i 01f,' u7
NATIONAL INTELLIGENCE REORGANIZATION AND REFORM ACT OF 1978
TITLE VI -- FEDERAL BUREAU OF INVESTIGATION
Sec. 601. Short Title I
Sec. 602. Statement of Purposes 2
Sec. 603. Definitions 3
Sec. 60, Intelligence Activities of the Federal
"~ Bureau of Investigation; Authorization
Sec. 605. Duties of the Director 6
Sec. 606. Foreign Intelligence Activities of the 13
Federal Bureau of Investigation
Sec. 607. Foreign Counterintelligence and Foreign 16
Counterterrorism Activities of the Federal
Bureau of Investigation
Sec. 608. Federal Bureau of Investigation Coordination 19
With Other Entities of the Intelligence
Community
Sec. 609. Federal Bureau of Investigation Cooperation 24
With Intelligence, Security, or Law
Enforcement Agencies of Foreign Governments
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
`.r w
Sec. 601. This title may be cited as the "Federal Bureau
of Investigation Intelligence Activities Act of 1978."
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 Approved For Release 2002/05/29 : CIA-RDP85-00759ROO0100120002-1
-2-
STATEMENT OF PURPOSES
Sec. 602. It is the purpose of this Act--
(1) to authorize the Federal Bureau of Investigation,
subject to the supervision and control of the Attorney General,
to perform those intelligence activities which are necessary
for the conduct of the foreign relations and the protection of
the national security of the United States;
(2) to amend and supplement the provisions of title 28,
United States Code, governing the Department of Justice;
(3) to confer upon the Director of the Federal Bureau of
Investigation the authority necessary to fulfill the duties and
responsibilities prescribed by this title, and to make him
accountable to the Attorney General, the Congress, and the
people of the United States; and
(4) to ensure that the intelligence activities of the
Federal Bureau of Investigation are properly directed, regulated,
coordinated, and administered, and are organized and conducted
so as to meet the intelligence requirements of the United States,
and so as not to abridge any right guaranteed or protected by
the Constitution or laws of the United States.
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DEFINITIONS
Sec. 603. (a) Except as otherwise provided in this section,
the definitions in title I, the National Intelligence Act of
1978, and in title II, the Intelligence Activities and Individual
Rights Act of 1978, shall apply to this title.
(b) As used in this title--
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 Approved For Rase 2002/05/29: CIA-RDP85-00759R100120002-1
INTELLIGENCE ACTIVITIES OF THE FEDERAL
BUREAU OF INVESTIGATION; AUTHORIZATION
Sec. 604. (a) It shall be the function of the Federal
Bureau of Investigation (hereinafter in this title referred to
as the "Bureau"), subject to the supervision and control of the
Attorney General, to--
(1) conduct or coordinate all foreign counterintelligence
and foreign counterterrorism activities of the United States
Government within the United States;
(2) conduct foreign counterintelligence and foreign
counterterrorism activities outside the United States in
coordination with the Central Intelligence Agency;
(3) conduct foreign counterintelligence and foreign
counterterrorism activities within the United States at the
request of a law enforcement, intelligence, or security
agency of a foreign government and provide assistance to
foreign law enforcement, intelligence, or security officers
conducting such activities within the United States who have
provided prior notification to the Department of State as
required by section 951 of title 18, United States Code;
(4) collect foreign intelligence through overt,
clandestine, and technical means within the United States
and conduct activities in support of the foreign intelligence,,
collection requirements of other entities of the Intelligence
Community;
(5) coordinate all collection of foreign intelligence
through clandestine and technical means within the United
States by other entities of the Intelligence Community;
(6) analyze, produce, and disseminate foreign intelli-
gence and foreign counterintelligence information to the
extent prescribed by the Attorney General.
(b) The functions of the Bureau under this title shall be
carried out under the direct and exclusive supervision and control
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%01 N&P,
of the Attorney General and shall be accomplished under the
provisions of this Act and in conformity with the Constitution
and laws of the United States. In exercising supervision and
control over the Bureau, the Attorney General shall comply with
policy established by the National Security Council and shall be
responsive to foreign intelligence collection objectives, require-
ments, and priorities promulgated by the Director of National
Intelligence.
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NEW
DUTIES OF THE FBI DIRECTOR
Sec. 605. (a) It shall be the duty of the Director of
the Federal Bureau of Investigation, under the direction of the
Attorney General, to--
(1) ensure that the intelligence activities conducted
or coordinated by the Bureau 'are carried out in conformity
with the provisions of this title and with the Constitution
and laws of the United States, and that such activities do
not abridge any right guaranteed or protected by the Constitution
or laws of the United States;
(2) keep the Attorney General fully and currently
informed of all intelligence activities conducted or coordi-
nated by the Bureau, and provide the Attorney General with
any information he may request on such activities;
(3) serve as the principal officer of the Government
for the conduct and coordination of foreign counterintelligence
and foreign counterterrorism activities within the
United States;
(4) advise the Attorney General and the National
Security Council regarding the objectives, priorities,
direction and conduct of foreign counterintelligence
and foreign counterterrorism activities;
(5) assist the Attorney General and the National
Security Council in the assessment of the threat to
United States interests from the intelligence activities
of intelligence and security services of foreign powers
and from international terrorist activities, including
assessment of the effectiveness of United States foreign
counterintelligence and foreign counterterrorism acti-
vities against this threat;
(6) meet the foreign counterintelligence and
foreign counterterrorism requirements of the United
States Government by conducting and properly coordinat-
ing effective and lawful activities to protect against
e s ri% FQdZe e20QZ/( i sCI DF3.>ab-ed7b gWMeo O0-2'ities ,
sabotage, international terrorist activities, or assassinations
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-7-
conducted for or on behalf of foreign powers, organizations
or persons;
(7) establish procedures by which all foreign counter-
intelligence proposals or activities of the Bureau which
are determined under standards established by the President
to require approval by the Counterintelligence Committee of
the National Security Council, shall be periodically reviewed
by the Attorney General and the Counterintelligence Committee
of the National Security Council;
(8) provide the National Security Council and the
Director of National Intelligence, subject to the approval
of the Attorney General, with such information as they may
request on the intelligence activities of the Bureau;
(9) conduct lawful foreign counterintelligence
and foreign counterterrorism activities within the
United States, subject to the approval of the Attorney
General, at the request of a law enforcement, intelli-
gence, or security agency of a foreign government;
(10) provide lawful assistance, subject to the
approval of the Attorney General, to foreign law
enforcement, intelligence, or security officers
conducting foreign counterintelligence or foreign
counterterrorism activities within the United
States who have provided prior notification to the
Department of State as required by section 951 of
title 18, United States Code;
(11) conduct foreign counterintelligence and
foreign counterterrorism liaison abroad with foreign
governmental agencies in accordance with procedures
agreed upon by the Attorney General and the Director
of National Intelligence;
(12) ensure that any intelligence activities
conducted by the Bureau outside the United States are
coordinated with the Central Intelligence Agency in ac-
cordance with procedures agreed u on by th}, At
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General and the Director of National Intelligence;
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(13) collect foreign intelligence information by
lawful means within the United States, subject to the
approval of the Attorney General, when requested by
officials of the Intelligence Community designated by the
President to make such requests;
(14) conduct lawful activities in support of foreign
intelligence collection requirements of other entities of
the Intelligence Community, subject to the approval of the
Attorney General, when requested by officials of the
Intelligence Community designated by the President to make
such requests;
(15) insofar as directed by the Attorney General,
produce and disseminate foreign intelligence, foreign
counterintelligence, and foreign counterterrorism informa-
tion, produce foreign counterintelligence studies and
reports, and coordinate the production of foreign counter-
intelligence studies and reports concerning. United States
persons by other entities of the Intelligence Community;
(16) carry out or contract for research, development
and procurement of technical systems and devices relating to
the intelligence functions of the, Bureau;
(17) subject to the approval of the Attorney General
and the National Security Council, enter into written agree-
ments with the Central Intelligence Agency, with the intel-
ligence elements of the military services, and with any other
entity of the Intelligence Community, establishing standards
and procedures for the coordination of all foreign counter-
intelligence and foreign counterterrorism activities and
all collection of foreign intelligence through clandestine
and technical means within the United States;
(18) approve, under procedures established by the
Attorney General and the National Security Council, any foreign
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counterintelligence activity of the Central Intelligence
Agency conducted within the United States;
(19) approve, under procedures agreed upon by the
Attorney General and the Secretary of Defense, any foreign
counterintelligence activity by the counterintelligence
elements of the military services directed against a United
States person who is not a member of the military services;
(20) ensure that any foreign counterintelligence
activities of the Bureau involving military or civilian
personnel of the Department of Defense are coordinated with
the Department of Defense, in accordance with procedures
agreed upon by the Attorney General and the Secretary of
Defense;
(21) ensure that the Bureau and the Attorney General
are kept fully and currently informed of all foreign counter-
intelligence, foreign counterterrorism, and clandestine
collection activities conducted within the United States
or directed against United States persons abroad by or on
behalf of the Central Intelligence Agency, the counterin-
telligence elements of the military services, or any other
entity of the Intelligence Community;
(22) ensure that the Bureau will receive, in a
timely fashion and in accordance with Title II of this f
Act, all foreign counterintelligence or foreign counter-
terrorism information concerning United States persons
and concerning activities within the United States
collected by any entity of the Intelligence Community;
(23) ensure that the Bureau and the Attorney General
are kept fully and currently informed of all activities
conducted within the United States by foreign law enforce-
ment, intelligence, or security officers who have provided
prior notification to the Department of State as required
by section 951 of title 18, United States Code;
(24) prepare a proposed budget for the intelligence
a ckkr Prp !44EoroF elP_a 2~R~2/9 - 9b D o eO 9 h0Q42.O OS get guidance
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from the Attorney General and the Director of National
Intelligence and submit that proposed budget to the
Attorney General and the Director of National Intelligence
at such time and in such manner as may be specified by the
Attorney General;
(25) implement appropriate mechanisms established by
the Attorney General for the proper administration, control
and accounting of all funds made available to the Bureau to
perform its intelligence activities;
(26) reprogram, subject to the approval of the Attorney
General and as provided in annual authorization or appro-
priations Acts, funds made available to the Bureau to carry
out its intelligence activities;
(27) prescribe and implement, with the approval of
the Attorney General, security rules, regulations, procedures,
and standards for the protection of information and material
relating to intelligence activities, including such investi-
gations of applicants, employees, contractors, and other
persons with similar associations with the Bureau as are
necessary for this purpose.
(b) (1) To assist the Director in the fulfillment of his
responsibilities under this title, he shall appoint with the
approval of the Attorney General appropriate senior officials/
of the Bureau, including--
(A) f
a principal legal advisor to the Director;
(B) an internal inspection officer; and
(C) senior intelligence officials authorized by
the Director to assist him in carrying out his functions
under this title, including any official who shall act
for, and exercise the powers of, the Director under this
title during the absence or disability of the Director.
(2) The principal legal advisor to the Director
shall have the responsibility and authority, in consultation
with the Attorney General, to--
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le NMIO
(A) review all intelligence activities of the
Bureau, and advise the Director whether such activities
are in conformity with the Constitution and laws of
the United States, Executive orders, Presidential
directives and memoranda, and the rules, regulations,
and policies of the Bureau;
(B) review any proposed rules and regulations
of the Bureau, including but not limited to any rules
and regulations proposed to implement the provisions
of this title, to ensure that they are-in conformity
with the Constitution and laws of the United States,
Executive orders, and Presidential directives and
memoranda; and
(C) perform the duties assigned to the General
Counsel of each entity of the Intelligence Community
by section 119(a)(5) of title I of this Act.
(3) The internal inspection officer shall have the
responsibility and authority, consistent with the duties of
the internal inspection officer of the Department of Justice
designated by the Attorney General under section 205(b) of
title II of this Act, to--
(A) investigate all intelligence activities of
the Bureau to determine in what respects the Bureau
may more efficiently perform its lawful responsibilities
qnd to determine the facts and circumstances of any
wrongdoing;
(B) advise the Director and the principal legal
advisor to the Director of his findings regarding such
activities;
(C) perform such other investigations as the
Director deems necessary and appropriate, subject to
the approval of the Attorney General and the provisions
of this Act; and
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(D) perform the duties assigned to the
Inspector General of each entity of the Intelligence
Community by section 119(a)(5) of title I of this Act.
(4) The Director shall, with the approval of the
Attorney General, designate senior officials of the Bureau
authorized to assist him in carrying out his functions under
this Act. The Attorney General shall provide by regulation
what officials of the Bureau shall act in place of the
Director under this Act during the absence or disability of
the Director or during any temporary vacancy in the Office
of the Director.
(c) (1) The Director is authorized, with the approval of
the Attorney General, to establish such committees or boards,
composed of officers and employees of the United States, as
may be necessary to carry out effectively the provisions
of this title.
(2) The Director is also authorized, with the approval
of the Attorney General, to establish such advisory committees
as may be necessary to provide expert advice regarding the
administration of this title. The provisions of the Federal
Advisory Committee Act (86 Stat. 770) shall apply with
respect to any advisory committee established by the Director
under the authority of this section except that the Attorney f
General may, with the approval of the President, waive the
application of any or all of the provisions of such Act when
the Attorney General deems such action necessary to the
successful performance of the functions of the-Bureau under
this title or to protect the security of the activities of
the Bureau under this title. Any waiver exercised by the
Attorney General under this subsection shall be reported to
the committees of the Congress having jurisdiction over matters
relating to national intelligence activities and the names
of all persons appointed to serve on such advisory committee
shall be reported to such committees of the Congress.
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FOREIGN INTELLIGENCE ACTIVITIES OF THE FEDERAL BUREAU
OF INVESTIGATION; STANDARDS AND PROCEDURES
Sec. 606. (a) In carrying out its functions under this title
to collect foreign intelligence through overt, clandestine, and technical
means and to conduct activities in support of the foreign intelligence
collection require_nts of other entities of the Intelligence Comnmity,
subject to the provisions of title II of this Act, the Bureau--
(1) shall perform such functions only upon the
request made or confirmed in writing, of an appropriate
official of another entity of the Intelligence Community who
is designated by the President to make such requests,
provided that the requesting official shall--
(A) describe the information sought or the
support activities requested;
(B) certify that the information sought or the
support activities requested are relevant to the
authorized functions and duties of the requesting
entity; and
(C) set forth the reasons why the Bureau is
being requested to collect the information or conduct
the 'support activities;
(2) shall provide the Attorney General or his
designee in a timely manner with copies of all such requests;;
(3) may not conduct support activities without the
express written approval of the Attorney General or his
designee;
(4) may not use the following techniques to collect
foreign intelligence information unless the Attorney General
or his designee grants express written approval based upon
his findings that the information sought is important to the
national security or the conduct of the foreign affairs of
the United States, that the technique is necessary to acquire
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such information, and that other techniques and publicly
available information are inadequate--
(A) confidential or pretext interviews of
United States persons;
(B) physical (or photographic) surveillance of
United States persons;
(C) requests for the retrieval of information
already maintained in the confidential tax records of
federal, state, or local government agencies;
(D) requests for the retrieval of information
already maintained in the confidential records of
private institutions;
(E) the development of new covert human sources;
(F) mail covers;
(G) consensual electronic surveillance;
(H) any other technique designated by the Attorney
General or by law as requiring such approval;
(5) may not use any other technique to collect foreign
intelligence information, unless a senior intelligence
official at Bureau headquarters designated by the Director
grants express written approval based upon his findings
that the technique is necessary to acquire such information
and that publicly available information is inadequate;
(6) may not collect publicly available foreign
intelligence information without the express written approval
of a senior intelligence official at Bureau headquarters
designated by the Director;
(7) shall collect foreign intelligence and conduct
activities in support of the foreign intelligence requirements
of other entities of the Intelligence Community only in
accordance with procedures approved by the Attorney General
specifying a reasonable duration for such collection or
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assistance and reasonable requirements for periodic
reauthorization by a senior intelligence official at
Bureau headquarters designated by the Director.
(b) The Attorney General or his designee shall review the
foreign intelligence activities of the Bureau at least annually
to determine whether the requirements of this Act and of any
procedures approved by the Attorney General pursuant to this Act
have been followed.
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FOREIGN COUNTERINTELLIGENCE AND FOREIGN COUNTERTERRORISM
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
Sec. 607. (a) In carrying out its functions under this
title to conduct foreign counterintelligence and foreign counter-
terrorism activities of the United States, subject to the provi-
sions of title II of this Act, the Bureau--
(1) may investigate any person reasonably believed
to be engaged in espionage or other unlawful clandestine
intelligence activities, sabotage, international terrorist
activities, or assassinations for or on behalf of a
foreign power, organization, or person, or to be conspiring
with or aiding and abetting any person engaged in such
activities;
(2) may investigate any foreign person who is an
officer or employee of a foreign power or organization,
information about whose activities would constitute
foreign counterintelligence or foreign counterterrorism
information;
(3) may investigate any foreign person residing
temporarily within the United States who may engage
in espionage or other clandestine intelligence
activities, sabotage, international terrorist activities,
or assassinations;
(4) may investigate any person having contact
with a non-United States person who is the subject
of a foreign counterintelligence investigation, but
only to the extent necessary to identify such person;-
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q%W
(5) may investigate any person reasonably believed
to be the object of a recruitment effort by a foreign
intelligence service or by international terrorists, but
only to the extent necessary to identify such person and to
determine the nature of such recruitment effort;
(6) may investigate any person reasonably believed
to be engaged in activities, or to possess information or
property, which are the target of international terrorist
activity or are the target of intelligence activity by a
foreign intelligence service, but only to the extent
necessary to identify such target and to determine the
nature of the terrorist or intelligence service interest in
such target;
(7) may investigate any person reasonably believed
to be a potential source of operational assistance in the
conduct of authorized foreign counterintelligence activities
of the United States, but only to the extent necessary to
determine such person's suitability as a source of
operational assistance;
(8) may receive and correlate nonpublicly available
information volunteered to the Bureau by another person,
organization, or agency of government concerning persons who
are, or may be, subjects of investigations under paragraphs
(l)-(7), provided that the Bureau has no reason to believe
the information was unlawfully collected and that the
information is relevant to such investigations or to the
decision to initiate such investigations;
(b) In carrying out its functions under this title to
conduct foreign counterintelligence activities outside the United
States, subject to the approval of the Central Intelligence
Agency as provided in section 608, and with the express written
approval of the Attorney General or his designee, the Bureau--
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NOW
-18-
(1) may conduct investigations outside the United
States with the knowledge and consent of the foreign
government;
(2) may assist investigations outside the United
States conducted by a law enforcement, intelligence, or
security agency of a foreign government upon the request of
such agency;
(3) may conduct such other foreign counterintelligence
activities outside the United States as are necessary to
the conduct by the Bureau of foreign counterintelligence
activities within the United States;
(4) may conduct foreign counterintelligence activities
outside the United States upon the request of the Central
Intelligence Agency.
(c) The Attorney General or his designee shall review all
foreign counterintelligence activities of the Bureau at least
annually to determine whether they have been conducted in
accordance with the requirements of this Act and of any procedures
approved by the Attorney General pursuant to this Act.
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FBI COORDINATION WITH OTHER ENTITIES
OF THE INTELLIGENCE COMMUNITY
Sec. 608. (a) In carrying out its functions under this
title to coordinate all foreign counterintelligence activities of
the United States Government within the United States, the
Bureau--
(1) shall approve or disapprove the conduct by the
Central Intelligence Agency of any foreign counterintelligence
activities within the United States upon the request, made
or confirmed in writing, of an appropriate senior intelligence
official of the Central Intelligence Agency who is designated
by the President to make such requests, provided that the
requesting official shall--
(A) describe the activities to be conducted;
(B) certify that the activities to be conducted
are necessary to the conduct by the Central Intelligence
Agency of foreign counterintelligence activities abroad;
and
(C) set forth the reasons why the Central
Intelligence Agency is requesting to conduct such
activities within the United States;
(2) shall approve or disapprove the conduct by the
counterintelligence elements of the military services of any $
foreign counterintelligence activities within the United
States directed against any person who is not a member of
the military services upon the request, made or confirmed in
writing, of an appropriate senior intelligence official of
the Department of Defense who is designated by the President
to make such requests, provided that the requesting official
shall--
(A) describe the activities to be conducted;
(B) certify that the activities to be conducted
are necessary to the conduct by a counterintelligence
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%We
element of the military services of foreign counter-
intelligence activities in support of Department of
Defense components; and
(C) set forth the reasons why the counter-
intelligence element of the military service is
requesting to conduct such activities;
(3) shall provide the Attorney General or his
designee in a timely manner with copies of all such requests
and shall notify the Attorney General or his designee in a
timely manner of the approval or disapproval by the Bureau;
(4) may not grant approval for such activities of the
Central Intelligence Agency or the counterintelligence
elements of the military services, unless the Director
finds that such activities cannot practicably be conducted
by the Bureau;
(5) shall supervise the conduct of such activities by
the Central Intelligence Agency or the counterintelligence
elements of the military services for the purpose of
ensuring that such activities are carried out in accordance
with the provisions of this title;
(6) shall enter into such written agreements with the
Central Intelligence Agency and with the counterintelligence
elements of the military services as may be necessary or
appropriate for the establishment of standards and
procedures to facilitate the effective coordination of all
foreign counterintelligence activities of the United States
Government within the United States, provided that such
agreements shall be approved by the Attorney General and by
the Counterintelligence Committee of the National Security
Council.
(b) In carrying out its functions under this title to
coordinate all collection of foreign intelligence through
clandestine and technical means within the United States by other
entities of the Intelligence Community, the Bureau--
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(1) may approve the collection of foreign intelligence
through the use of electronic surveillance as defined in
chapter 120 of title 18, United States Code, by another
entity of the Intelligence Community only upon the express
written approval of the Attorney General and only if such
surveillance is authorized in accordance with the provisions
of such chapter;
(2) shall approve or disapprove the collection of
foreign intelligence through clandestine means within the
United States concerning the activities of any person who is
or may become the subject of a foreign counterintelligence
investigation by the. Bureau upon the request, made or
confirmed in writing, of an appropriate senior official of
another entity of the Intelligence Community, provided that
the requesting official shall--
(A) describe the means of collection to be used;
(B) set forth the reasons why such collection
should be undertaken by the requesting entity, rather
than by or through the assistance of the Bureau;
(3) shall provide the Attorney General or his
designee in a timely manner with copies of all such requests
and notify the Attorney General or his designee in a timely
manner of the approval or disapproval by the Bureau;
(4) shall enter into such written agreements with
other entities of the Intelligence Community as may be
necessary or appropriate for the establishment of standards
and procedures to facilitate the effective coordination of
all collection of foreign intelligence through clandestine
and technical means within the United States, provided that
such agreements shall be approved by the Attorney General
and by the Director of National Intelligence.
(c) In carrying out its functions under this title to
conduct foreign counterintelligence activities outside the United
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States in coordination with the Central Intelligence Agency, the
(1) may conduct such activities abroad only with the
approval of the Central Intelligence Agency;
(2) shall secure approval of the Central Intelligence
Agency only by request, made or confirmed in writing, of a
senior intelligence official at Bureau headquarters, provided
that the requesting official shall--
(A) describe the activities to be conducted;
(B) certify that the activities to be conducted
have been approved by the Attorney General or his
designee; and
(C) set forth the reasons why the Bureau is
requesting to conduct such activities abroad;
(3) shall notify the Attorney General or his designee
in a timely manner of the approval or disapproval by the
Central Intelligence Agency.
(d) Under guidelines developed by the Counterintelligence
Committee of the National Security Council and approved by the
Attorney General, consistent with the provisions of title II
of this Act, the Bureau--
(1) shall maintain central records of all
counterintelligence information concerning United States
persons and concerning espionage and other clandestine
intelligence activities, sabotage, international terrorism,
or assassinations for or on behalf of foreign powers,
organizations, or persons within the United States, including
information collected abroad;
(2) shall disseminate to the Central Intelligence
Agency any information acquired by the Bureau which relates
to the responsibilities and duties of such Agency abroad;
(3) shall disseminate to the counterintelligence
elements of the military services any information acquired
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by the Bureau which relates to the responsibilities and
duties of such elements for the conduct of foreign
counterintelligence activities in support of Department of
Defense components.
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FEDERAL BUREAU OF INVESTIGATION COOPERATION WITH
INTELLIGENCE, SECURITY, OR LAW ENFORCEMENT AGENCIES
OF FOREIGN GOVERNMENTS
Sec. 609. (a) In carrying out its functions under this
title to conduct foreign counterintelligence and foreign
counterterrorism activities within the United States at the
request of a law enforcement, intelligence, or security agency
of a foreign government and to provide assistance to foreign
law enforcement, intelligence, or security officers conducting
such activities within the United States, the Bureau--
(1) may collect information upon the request of
such an agency, provided that--
(A) such request shall identify the information
sought and specify the purposes of the investigation;
(B) the Attorney General or his designee shall
approve all such collection of information based upon
a written finding that such collection would otherwise
be within the authority of the Bureau under this Act;
(2) may provide assistance to foreign law enforcement,
intelligence, or security officers conducting investigations
within the United States, provided that--
(A) such officers shall provide prior
notification to the Department of State as required by
section 951 of title 18, United States Code;
(B) requests for such assistance shall
identify the assistance sought and the purpose of the
investigation to be assisted;
(C) the Attorney General or his designee shall
approve all such assistance based upon a written
finding that such assistance is clearly in the
interests of the United States;
(3) shall keep the Attorney General or his designee
fully and currently informed of all collection of information
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or assistance by the Bureau at the request of such foreign
agencies or officers and any other investigations conducted
by such agencies or officers within the United States;
(b) All activities conducted by the Bureau within the
United States at the request of a law enforcement, intelligence,
or security agency of a foreign government and all assistance
provided by the Bureau to foreign law enforcement, intelligence,
or security officers conducting investigations within the United
States shall be conducted or provided in accordance with the
provisions of title II of this Act.
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 FI3ARGOED FOR RELEASE 12 NOON,
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TITLE IV -- CENTRAL INTELLIGENCE AGENCY
PART A SHORT TITLE; PURPOSES; DEFINITIONS
Sec. 401. Short Title
Sec. 402. Statement of Purposes
Sec. 403. Definitions
PART B -- ESTABLISHMENT OF AGENCY; DIRECTOR; FUNCTIONS
Sec. 411. Establishment of Central Intelligence
Agency
Sec. 412. Director; Duties of Director
Sec. 413. Functions
PART C -- GENERAL AND SPECIAL AUTHORITIES OF THE AGENCY;
AUTHORIZATION FOR APPROPRIATIONS; GENERAL
COUNSEL; INSPECTOR GENERAL
PAGE
Sec. 421. General Authorities of the Agency 9
Sec. 422. Procurement Authority 15
Sec. 423. Relationships with Other Government
Agencies 17
Sec. 424. Admission of Essential Aliens 18
Sec. 425. Authorizations for Appropriations
and Expenditures 19
Sec. 426. General Counsel; Inspector General 22
PART D -- CRIMINAL PENALTIES; RESTRICTIONS
Sec. 431. Criminal Penalties 24
Sec. 432. Restrictions 26
PART E -- TRAVEL AND OTHER EXPENSES; RETIREMENT SYSTEM
Sec. 441. Travel, Related Expenses, and Death
Gratuities for Certain Agency Personnel 27
Sec. 442. Retirement System 30
PART F -- TRANSFER OF PERSONNEL, PROPERTY, AND
FUNCTIONS; STATUTES REPEALED
Sec. 451. Transfer of Personnel, Property, and
Functions
Sec. 452. Statutes Repealed
32
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TITLE IV -- CENTRAL INTELLIGENCE AGENCY
PART A
SHORT TITLE; PURPOSE.; DEFINITIONS
SHORT TITLE
Sec. 401. This title may be cited as the "Central
Intelligence Agency Act of 1978".
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STATEMENT OF PURPOSES
Sec. 402. It is the purpose of this Act (1) to clarify the statutory authorities, functions,
and responsibilities of the Central Intelligence Agency;
(2) to authorize the Central Intelligence Agency
perform intelligence activities which are necessary for the
conduct of the foreign relations and the protection of the
national security of the United States;
(3) to ensure that the foreign intelligence,
counterintelligence, and counterterrorism activities of the
Central Intelligence Agency are properly and effectively
directed, regulated, coordinated, and administered; and
(4) to ensure that the Central Intelligence Agency is
accountable to the President, the Congress, and the people
of the United States, and that the foreign intelligence,
counterintelligence, and counterterrorism activities of the
Central Intelligence Agency are conducted in a manner
consistent with the Constitution and laws of the United
States and so as not to abridge any right protected by the
Constitution or laws of the United States.
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Sec. 403. (a) Except as otherwise provided in this
section, the definitions in title I shall apply to this title.
(b) As used in this title, the term "proprietary" means a
sole proprietorship, partnership, corporation, or other business
entity owned or controlled by the Central Intelligence Agency but
whose relationship with the Central Intelligence Agency is not
publicly known.
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PART B
ESTABLISHMENT OF AGENCY; DIRECTOR;
FUNCTIONS
ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY
Sec. 411. There is established an Agency to be known as
the Central Intelligence Agency (hereinafter in this title
referred to as the "Agency"). The Agency shall be under the
direction and control of the National Security Council.
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DIRECTOR; DUTIES OF DIRECTOR
Sec. 412. .(a) There shall be at the head of the Agency a
Director of the Central Intelligence Agency (hereinafter in this
title referred to as the "Director"). The Director of National
Intelligence, or, in accordance with section 117 of this Act, the
Deputy Director of National Intelligence or an Assistant Director
of National Intelligence, shall act as the Director. In the
event that the Director and the Director of National Intelligence
are not one and the same person, the Director shall be subject to
the supervision of, and responsive to intelligence plans,
objectives, and requirements established by, the Director of
National Intelligence.
(b) It shall be the duty of the Director to --
(1) ensure that the functions of the Agency are
conducted in accordance with the provisions of this Act and
with the Constitution and laws of the United States, and
that the performance of those functions does not abridge any
right protected by the Constitution or laws of the United
States;
(2) ensure that the activities of the Agency are
properly and efficiently directed, regulated, coordinated,
and administered; and
(3) perform with respect to the Agency the duties
assigned elsewhere in this Act to the head of each entity of
the Intelligence Community.
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FUNCTIONS
Sec. 413. (a) All activities, duties, and responsibilities
of the Agency shall be related to the intelligence functions set
out in this section, and shall be performed in accordance with
this Act.
(b) The Agency shall--
(1) collect foreign intelligence from publicly
available sources and from any person willing voluntarily to
provide such intelligence;
(2) when the information sought is not available
publicly or from a person willing voluntarily to provide the
information, collect foreign intelligence by clandestine
means abroad and, when integrally and exclusively related to
Agency activities outside the United States, from foreign
persons within the United States; and
(3) develop and provide support for technical and
other programs which collect national intelligence from
sources outside the United States.
(c) The Agency shall produce, analyze, and disseminate
foreign intelligence necessary to meet the needs of the
President, the National Security Council, the Congress, and other
departments and agencies, and shall provide such support as the
Director of National Intelligence requires for the production of
national intelligence estimates and similar Intelligence
Community-coordinated analyses.
(d) The Agency shall conduct special activities in support
of national foreign policy objectives.
(e) The Agency shall--
(1) conduct counterintelligence and counterterrorism
activities outside the United States;
(2) conduct such counterintelligence and
counterterrorism activities within the United States as are
integrally related to counterintelligence or
counterterrorism activities of the Agency outside the United
States; and
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(3) produce and di:3seminate counterintelligence and
counterterrorism studies and reports.
(f) The Agency shall act as the Director of National
Intelligence's agent in the coordination of all
counterintelligence and counterterrorism activities, and of all
clandestine collection of foreign intelligence, including
collection utilizing human sources, conducted outside the United
States by any other entity of the Intelligence Community.
(g) The Agency shall also --
(1) conduct or contract for research, development,
and procurement of technical systems and devices relating to
authorized functions;
(2) conduct services of common concern for the
Intelligence Community as. directed by the Director of
National Intelligence;
(3) conduct liaison with foreign governmental
agencies in coordination with the Director of National
Intelligence;
(4) collect publicly available information which is
relevant to any authorized Agency function but which does
not constitute foreign intelligence, counterintelligence, or
counterterrorism intelligence; and
(5) provide legal, legislative, and audit services
and other administrative support to the Office of the
Director of National Intelligence.
(h) (1) All Agency activities within the United States
involving the collection of intelligence and all Agency
counterintelligence and counterterrorism activities within the
United States shall be conducted in coordination with the Federal
Bureau of Investigation and in accordance with procedures agreed
upon by the Attorney General and the Director of National
Intelligence.
(2) The Director of National Intelligence and the Attorney
General shall conduct a review, at least annually, of all Agency
activities within the United States for the purpose of ensuring
that such activities do not violate any right protected by the
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Constitution or laws of the United States, determining the
necessity for continuing such activities, and making such
recommendations in this regard as they deem appropriate to the
President, the National Security Council, and the Permanent
Select Committee on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the Senate.
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GENERAL AND SPECIAL AUTHORITIES OF THE AGENCY;
AUTHORIZATION FOR APPROPRIATIONS; GENERAL COUNSEL
AND INSPECTOR GENERAL
GENERAL AUTHORITIES OF THE AGENCY
Sec. 421. (a) In carrying out its functions under this
Act, the Agency is authorized to-
(1) transfer to and receive from other departments
and agencies for the sole purpose of carrying out functions
authorized by this title, such sums of money as may be
approved by the Director of National Intelligence and the,
Director of the Office of Management and Budget, and sums so
transferred to the Agency may be expended by the Agency
without regard to any limitation on appropriations from
which transferred but only when the Director certifies in
writing that such limitation would unduly impede the
performance of a function authorized by this title and
transmits such written certification to the appropriate
committees of the Congress;
(2) exchange funds without regard to the, provisions
of section 3651 of the Revised Statutes (31 U.S.C. 543);
(3) reimburse other departments and agencies for the
services of personnel assigned or loaned to the Agency;
(4) reimburse other departments and agencies for
expenses incurred when Agency personnel are assigned to such
departments and agencies for cover purposes;.
(5) rent any premises within or outside the united
States necessary to carry out any function of the Agency
authorized under this title; lease buildings without regard
to the limitations prescribed in section 322 of the Act
entitled "An Act making appropriations for the Legislative
Branch of the Government for the fiscal year ending 30 June
1933, and for other purposes," approved 30 June 1932 (40
U.S.C. 278a); acquire, construct, or alter buildings and
facilities without regard to the Public Buildings Act of
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1959 (40 U.S.C. 601-615); and repair, operate, and maintain
buildings, utilities, facilities, and appurtenances;
(6) conduct background investigations of applicants
for employment with the Agency;
(7) establish, maintain, and operate secure
/communications systems in support of Agency operations and,
as a service of common concern, establish, maintain, and
operate such secure communications systems as may be
required for the use of other departments and agencies;
(8) perform inspection, audit, public affairs, legal,
and legislative services;
(9) establish, furnish, and maintain, in coordination
with the Director'of National Intelligence, secure cover for
Agency officers, employees, and agents;
(10) establish and operate proprietaries to support
Agency operations;
(11) protect, in accordance with standards
established by the Director of National Intelligence under
section 114 and with any other applicable laws and Executive
orders, materials and information related to intelligence
sources and methods;
(12) perform such additional functions as are
otherwise authorized by this Act to be performed by each
entity of the Intelligence Community;
(13) conduct health-service programs as authorized by
section 7901 of title 5, United States Code;
(14) transport, in accordance with regulations
approved by the Director, officers and employees of the
Agency in Government-owned automotive equipment between
their domiciles and places of employment where such
personnel are engaged in work which makes such
transportation necessary;
(15) settle and pay claims of civilian and military
personnel, as prescribed in Agency regulations consistent
with the terms and conditions by which claims are settled
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and paid under the Military Personnel and Civilian
Employees' Claims Act of 1964 (31 U.S.C. 240-243);
(16) pay, in accordance with regulations approved by
the Director, expenses of travel in connection with, and
expenses incident to attendance at meetings of professional,
technical, scientific, and other similar organizations when
such attendance would be a benefit in the conduct of the
work of the Agency; and
(17) train Agency personnel and, as appropriate,
personnel of other departments and agencies.
(b) Notwithstanding the provisions of section 3678 of the
Revised Statutes (31 U.S.C. 628) or any provision of law enacted
after the effective date of this title, unless such subsequently
enacted provision expressly cites this subsection, any department
or agency may transfer to or receive from the Agency any sum of
money approved, in accordance with subsection (a)(1) of this
section, by the Director of National Intelligence and the
Director of the Office of Management and Budget for use in
carrying out any function authorized by this title.
(c) Notwithstanding any other provision of law, any
department or agency is authorized to assign or loan to the
Agency any officer or employee of such department or agency to
assist the Agency in carrying out any function of the Agency
authorized by this title. In any case in which any officer or
employee of another department or agency is assigned or loaned to
the Agency in a manner that would be prohibited except for this
subsection, the Agency shall report the details of such
assignment or loan to the appropriate committees of the Congress.
(d) (1) Any proprietary established and operated by the
Agency may be operated on a commercial basis to the extent
necessary to provide effective cover. Any funds generated by any
such proprietary in excess of the amount necessary for its normal
operational requirements shall be deposited by the Director into
miscellaneous receipts of the Treasury.
(2) Whenever any Agency proprietary whose net value
exceeds 550,000, is to be liquidated, sold, or otherwise disposed
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of, the Agency shall, as much in advance of the liquidation,
sale, or other disposition of the proprietary as practicable and
subject to such security standards as the Director and Attorney
General shall agree upon, report the circumstances of the
intended liquidation, sale, or other disposition to the Attorney
General and the Comptroller General of the United States. Any
proceeds from any liquidation, sale, or other disposition of any
Agency proprietary, in whatever amount, after all obligations of
the proprietary have been met, shall be deposited by the Director
into miscellaneous receipts of the Treasury.
(e) The authority contained in clauses (9) and (10) of
subsection (a) shall, except as otherwise provided in this Act,
be available to the Agency notwithstanding any other provision of
law and shall not be modified, limited, suspended, or superseded
by any provision of law enacted after the effective date of this
title unless such provision expressly cites the specific
provision of subsection (a) intended to be so modified, limited,
suspended, or superseded.
(f) The Agency may continue to use the seal of office used
by the Central Intelligence Agency prior to the effective date of
this title and judicial notice shall be taken of such seal.
(g) Subject to the provisions of section 1522(a) of this
Act, no provision of law shall be construed to require the
Director or any other officer or employee of the United States to
disclose the organization, function, name, official title,
salary, or affiliation with the Central Intelligence Agency of
any person employed by the Agency, or the number of persons
employed by the Agency, unless such provision specifically
requires such disclosure and expressly cites this subsection.
(h) The Director may appoint and assign security officers
to police the installations and grounds of the Agency, where such
security officers shall have the same powers as sheriffs and
constables for the protection of persons and property, to prevent
breaches of the peace, to suppress affrays or unlawful
assemblies, and to enforce any rule or regulation the Director
may promulgate for the protection of such installations and
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grounds. The jurisdiction and police powers of such security
officers shall not, however, extend to the service of civil
process.
(i) The Director may authorize employees of the Agency to
carry firearms within the United States for courier protection
purposes, for the protection of the Director of National
Intelligence, the Deputy Director of National Intelligence, and
any Assistant Director of National Intelligence, and, in exigent
circumstances, such officials of the Agency as the Director may
designate, and for the protection of any defector from any
foreign country or any foreign person visiting the United States
under Agency auspices.
(j) (1) The Agency may appoint, promote, and separate
such personnel or contract for such personnel services as it
deems advisable, without regard to the provisions of title 5,
United States Code, governing appointments to, promotions in, and
separations from the competitive services, and without regard to
the limitations on types of persons to be employed, and fix the
compensation of such personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of that title,
relating to classification and General Schedule pay rates, but at
rates not in excess of the rate authorized for Executive Schedule
V by section 5316 of that title;
(2) Notwithstanding any other provision of law, the
Director may terminate the employment of any officer or employee
of the Central Intelligence Agency or the security clearance of
any contractor of the Agency or any employee of any such
contractor whenever the Director considers such termination
necessary or advisable in the interests of the national security
of the United States. The Director shall periodically report to
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate on the exercise of the Director's authority under this
paragraph.
(3) Executive schedule positions within the Agency in
addition to those of Director, General Counsel, and Inspector
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General and any positions in the grades.of GS-16, GS-17, and GS-
18 other than those transferred to the Agency under this Act
shall be as authorized by law.
(4) Any Agency officer or employee who has been separated
under paragraph (1) or whose employment has been terminated under
paragraph (2) may seek or accept employment in the Government if
declared eligible for such employment by the United States Civil
Service Commission; and that commission may place such officer or
employee in a position in the competitive civil service in the
same manner as an employee who is transferred between two
positions in the competitive service, but only if such Agency
officer or employee has served with the Agency for at least one
year continuously immediately preceding separation or
termination.
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PROCUREMENT AUTHORITY
Sec. 422. (a) The. Agency is authorized to procure such,
property, supplies, services, equipment and facilities as may be
necessary to carry out its functions under this. Act. Such
property,. supplies, services, equipment and facilities may
include purchase or rental and operation of photographic
reproduction, cryptographic, duplication and printing machines,
equipment, and devices, and radio-receiving and radio sending
equipment and devices, including telegraph and teletype
equipment; rental of news-reporting services; purchase,
maintenance, operation, repair, and hire of passenger motor
vehicles, aircraft, and vessels of all kinds; printing and
binding services; the purchase, maintenance, and cleaning of
firearms, including purchase, storage, and maintenance of
ammunition; association and library services and dues required by
any such association; supplies, equipment and personnel and
contract services otherwise authorized by law or regulations,
whether applicable to this Agency or not, when the Director
determines that such supplies, equipment or services are
essential to the performance of the Agency's functions.
(b) The provisions of chapter 137, relating to the
procurement of property and services, and chapter 139, relating
to the procurement of research and development services, of title
10,'United States,Code, shall apply to the procurement of
property and research and development services by the Agency
under this title in the same manner and to the same extent such
chapters apply to the procurement of property, services, and
research and development services by the agencies named in
section 2302(a) of chapter 137 of title 10, except that the
Director is authorized to waive the application of any or all of
the provisions of chapters 137 and 139 of title 10 when the
Director deems such action necessary to the successful
performance of any function of the Agency or to protect the
security of activities of the Agency. Any waiver exercised by
the Director under this section shall be reported to the
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Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate together with the reasons for exercising such waiver.
(c) The Agency is further authorized to procure property,
goods, or services, on the Agency's own behalf or on behalf of
any other entity of the Intelligence Community, in such a manner
that the role of the Agency or such other entity is not apparent
or publicly acknowledged, if public knowledge that the Agency or
such other entity is the procurer of the property, goods, or
services will inhibit or interfere with the secure conduct of an
authorized intelligence function. The procurement authority
provided under this subsection may be exercised by the Agency
only in accordance with section 139 of this Act but may be
exercised notwithstanding any other provision of law and shall
not otherwise be modified, limited, suspended, or superseded by
any provision of law enacted after the effective date of this
title unless such provision expressly cites this subsection.
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RELATIONSHIPS WITH OTHER GOVERNMENT AGENCIES
Sec. 423. In addition to those activities of the Agency
which relate. to other departments and agencies and which are
authorized in other provisions of this Act, the Agency is further
authorized---
(1) to seek assistance from state and local law
enforcement agencies in the conduct of background and
security investigations of applicants for employment with
the Agency, contractors of the Agency, and employees of
contractors of the Agency;
(2) to provide technical guidance, training, and
equipment, and, under exigent circumstanc.e,s, expert
personnel to any other entity of the Intelligence Community
engaged in lawful intelligence activities;
(3) to provide technical information to assist the
Passport Office of the Department of State in carrying out
its documentation responsibilities;
(4) when extraordinary circumstances indicate that a
foreign person associated with the Agency should enter or
leave the United States under other than such person's true
identity, to notify the Immigration and Naturalization
Service of those circumstances and request a waiver of
otherwise applicable rules and procedures;
(5) when the internal Revenue Service is auditing
the tax returns of an Agency proprietary or of an individual
operating under Agency cover, to notify the. Internal Revenue
Service of such proprietary's or individual's affiliation
with the Agency and request that the audit be so conducted
as to avoid public disclosure of that affiliation; and
(6) to maintain liaison relationships with other
departments and agencies.
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ADMISSION OF ESSENTIAL ALIENS
Sec. 424. Whenever the Director, the Attorney General, and
the Commissioner of Immigration and Naturalization determine that
the entry of a particular alien into the United States for
permanent residence is in the interest of national security or
essential to national intelligence activities, such alien and his
immediate family shall be given entry into the United States for
permanent residence without regard to their inadmissibility
under, or their failure to comply with, any immigration law of
the United States or any other law or regulation, but in no case
may the number of aliens and members of their immediate families
who enter the United States under the authority of this section
exceed one hundred in any one fiscal year.
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AUTHORIZATIONS FOR APPROPRIATIONS AND EXPENDITURES
Sec. 425. (a) Notwithstanding any other provision of law,
sums made available to the Agency by appropriation or otherwise
may be expended for purposes necessary to carry out the lawful
functions of the Agency. No funds may be expended for activities
which have not been authorized by legislation enacted during the
same or during one of the two immediately preceding fiscal years,
except that this limitation shall not apply to funds appropriated
by any continuing resolution.
(b) Whenever the Director determines such action to be
necessary in the interest of the national security, the
expenditure of funds appropriated or transferred to the Agency
shall be accounted for solely on the certificate of the Director
and every such certificate shall be deemed a sufficient voucher
for the amount certified therein, but such expenditures shall be
made only for activities authorized by law. The Director shall
report on all expenditures made under authority of this
subsection on a quarterly basis to the Committees on
Appropriation of the Senate and House of Representatives, to the
Permanent Select Committee on Intelligence of the House of
Representatives, and to the Select Committee on Intelligence of
the Senate.
(c) (1) The Director is authorized to establish and
maintain a fund to be known as the Contingency Reserve Fund
(hereinafter in this section referred to as the "Reserve Fund")
and to credit to such Reserve Fund only monies specifically
appropriated to the Central Intelligence Agency for such fund.
The Director is authorized to expend funds from the Reserve Fund
in any fiscal year for the payment of expenses incurred in
connection with any national intelligence activity,
counterintelligence activity, or counterterrorism activity if--
(A) the withdrawal of funds from the Reserve Fund and
the proposed expenditure have been previously approved by
the Office of Management and Budget;
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(B) the Committee on Appropriations of the House of.
Representatives, the Committee on Appropriations of the
Senate, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate have been notified of the facts
and circumstances regarding such withdrawal and proposed
expenditure at least 72 hours in advance of the withdrawal;
except that in extraordinary circumstances the President may
authorize the withdrawal of funds from the Reserve Fund
without prior notification to the appropriate committees of
the Congress if the President notifies such committees of
the Congress within 48 hours after initiation of the
withdrawal, describes the activity for which such funds have
been or are to be expended, certifies to such committees
that prior notification would have resulted in a delay which
would have been harmful to the United States, and discloses
to such committees the reasons why the delay would have been
harmful. The foregoing shall not be construed as requiring
the approval of any committee of the Congress prior to the
initiation of any such activity; and
(C) the money from the Reserve Fund is used solely
for the purpose of meeting requirements that were not
anticipated at the time the President's budget was submitted
to the Congress for such fiscal year, the purpose for which
such money was used requires protection from unauthorized
disclosure, and the activities to be funded are authorized
by law.
(2) Monies from the Reserve Fund may be expended only for
the specific purpose for which the withdrawal was approved under
this subsection and any amount approved for expenditure but not
actually expended for the specific purpose for which approved
shall be returned to the Reserve Fund.
(3) No money may be expended and no financial obligation
incurred for the initation or major expansion of any activity to
be funded from the Reserve Fund unless such expenditure or
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financial obligation has been approved by the Director and the
Director of the Office of Management and Budget.
(4) Any activity funded from the Reserve Fund that
continues after the end of the fiscal year in which it was funded
by monies from the Reserve Fund shall be funded thereafter
through the regular budgetary process at the earliest practicable
time.
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GENERAL COUNSEL; INSPECTOR GENERAL
Sec. 426. (a) There shall be a General Counsel of the
Agency appointed by the President, by and with the advice and
consent of the Senate.. The General Counsel shall serve as the
principal legal adviser to the Director and shall have the
responsibility and authority to--
(1) review all activities of the Agency and advise
the Director whether such activities are in conformity with
the Constitution and laws of the United States, executive
orders, presidential directives and memoranda, and the
rules, regulations, and policies of the Agency;
(2) review all. proposed rules and regulations of the
Agency, including but not limited to any rule or regulation
proposed to implement the provisions of this Act, to insure
that any such rule or regulation is in conformity with the
Constitution and laws of the United States, executive
orders, and presidential directives and memoranda;
(3) perform the same duties with respect to the
Agency as the general
counsel of each entity of the
Intelligence Community is required to perform in the case of
such entity by section 151 of this Act; and
(4) perform such additional duties as the Director
may prescribe.
(b) There shall be an Inspector General of the Agency
appointed by the Director. The Inspector General shall have the
responsibility and authority to--
(1) investigate all activities of the Agency to
determine in what respects the Agency may more effectively
perform its lawful functions and to determine the facts and
circumstances of any alleged wrongdoing;
(2) advise the Director and the General Counsel of
the Agency of his findings regarding such activities;
(3) perform such other investigations as the Director
deems necessary and appropriate consistent with the
provisions of this Act;
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.(4) perform the same duties with respect to the
Agency as the inspector general of each entity of the
Intelligence Community is required to perform in the case of
such entity by section 151 of this Act; and
(5) perform such other duties as the Director may
prescribe.
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 --24-
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CRIMINAL PENALTIES;
RESTRICTIONS
CRIMINAL PENALTIES
Sec. 431. (a) Section 207 of title 18, United States
Code, is amended by adding at the end thereof a new subsection as
follows:
"(d) Whoever, having been an officer or employee of the
Central Intelligence Agency and within two years after his
employment with such Agency has ceased, knowingly participates in
the liquidation, sale, or other disposition of a proprietary of
the Central Intelligence Agency, either on his own behalf or as
an agent or attorney for anyone other than the United States
without a written waiver from the Director of the Central
Intelligence Agency under section 139(a) of the National
Intelligence Act of 1978, shall be fined not more than $10,000 or
imprisoned for not more than two years, or both. As used in this
subsection, the term 'proprietary' shall. have the same meaning as
prescribed in section 403 of the Central Intelligence Agency Act
of 1978.".
(b) (1) Chapter 33 of title 18, United States Code, is
amended by adding at the end thereof a new section as follows:
"Section 716. Misuse of the name, initials, or seal of the
Central Intelligence Agency
"Any person who knowingly and without the express written
permission of the Director of the Central Intelligence Agency
uses the name 'Central Intelligence Agency', the initials 'CIA',
the seal of the Central Intelligence Agency, or any colorable
imitation of such name, initials, or seal in connection with any
advertisement, book, circular, pamphlet, or other publication,
play, motion picture, broadcast, telecast, or other production in
a manner reasonably calculated to convey the impression that such
use is approved, endorsed, or authorized by the Central
Intelligence Agency shall be fined not more than $20,000 or
imprisoned not more than one year, or both.".
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(2) The table of sections at the beginning of chapter 33
of such title is amended by adding at the end thereof a new item
as follows:
11716. Misuse of the name, initials, or seal of the Central
Intelligence Agency.".
(c) (1) Chapter 115 of title 18, United States Code, is
amended by adding at the end thereof a new section as follows:
"Section 2392. Unauthorized disclosure of identity of
secret agents
"(a) Any person who, having learned in the course of his
official duties as an officer or employee of the United States
the true identity of any officer or employee of the Central
Intelligence Agency who is performing lawful functions for the
Central Intelligence Agency under cover, knowingly communicates,
furnishes, or otherwise discloses or makes available to any
unauthorized person that identity in a manner which results in
injury to or jeopardizes the safety of such officer or employee
of the Central Intelligence Agency, or could reasonably have been
expected to result in injury to or jeopardize the safety of such
officer or employee of the Central Intelligence Agency, shall be
fined not more than $50,000 or imprisoned not more than five
years, or both.
" (b) As used in subsection (a), the term 'cover' shall have
the same meaning as prescribed in section 104 of the National
Intelligence Act of 1978.".
(2) The table of sections at the beginning of chapter 115
is amended by adding at the end thereof a new item as follows:
"2392. Unauthorized disclosure of identity of secret
agents.".
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Sec. 432, (a) The authorities, duties, and
responsibilities established in this title are subject to the
procedures, prohibitions, and restrictions-contained in titles II
and III and in sections 131 through 139 of this Act.
(b) The Agency shall have no police, subpoena, or law
enforcement powers, nor perform any internal security or criminal
investigation functions except to the extent expressly authorized
by this Act.
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PART E
TRAVEL AND OTHER EXPENSES; RETIREMENT SYSTEM
TRAVEL, RELATED EXPENSES,.,AND DEATH GRATUITIES
FOR CERTAIN AGENCY PERSONNEL
Sec. 441. (a) As used in this section --
(l) The term "employee" means any person employed by
the Agency, but does not include, unless otherwise
specifically indicated, any person working for the Agency
under a contract or any person who when initially employed
is a resident in or a citizen of a foreign country in which
the station at which such person is to be assigned to duty
is located.
(2) The term "foreign area" means any geographic area
outside the United States.
(3) The term "United States" means the several
states, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and the Canal Zone, but does not
include Guam and other territories and possessions of the
United States.
(b) Under such regulations as the Director of National
Intelligence may approve --
(1) with respect to employees assigned to duty
stations within the United States, the Agency may 'pay--
(A) travel, transportation, and subsistence
expenses comparable to those provided for in chapter
57 of title 5, United States Code, and
(B) allowances in accordance with the
provisions of chapter 59 of title 5, United States
Code; and
(2) with respect to employees assigned to duty
stations in any foreign area, the Agency may provide
allowances in accordance with the provisions of chapter 59
of title 5, United States Code, allowances and other
benefits in the same manner and under the same circumstances
such allowances and other benefits are provided employees of
the Foreign Service under title IX of the Foreign Service
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Act of 1946 (22 U.S.C. 1131-1158), and death gratuities in
the same manner and under the same circumstances such
gratuities are provided employees of the Foreign Service
under section 1.4 of the Act entitled "An Act to provide
certain basic authority for the Department of State",
approved August 1, 1956 (22 U.S.C. 2679a).
(c) (1) Whenever any provision of law relating to travel
and related expenses or death gratuities of employees of the
Foreign Service is enacted after the date of enactment of this
Act, is not enacted as an amendment to one of the provisions
referred to in subsection (b) (2) of this section, and the
President determines that it would be appropriate fo.r the purpose
of maintaining conformity between provisions of law relating to
travel and related expenses and death gratuities of the Foreign
Service and provisions of law relating to travel and related
expenses and death gratuities of employees of the Agency, the
President may, by executive order, extend in whole or in part to
employees of the Agency the allowances and benefits applicable to
employees of the Foreign Service by such provision of law.
(2) Any such executive order issued pursuant to this
subsection shall have the force and effect of law and may be
given retroactive effect to a date not earlier than the effective
date of the corresponding provisions of law relating to Foreign
Service personnel. Any such order shall modify, supersede, or
render inapplicable, as the case may be, to the extent
inconsistent therewith --
(A) all provisions of law relating to travel, related
expenses, and death gratuities of employees of the Agency
enacted prior to the effective date of the provisions of
such executive order, and
(B) any provision of any prior executive order issued
under authority of this section.
(3) An executive order issued under the authority of this
subsection may not become effective until the expiration of at
least 60 days after the President submits the proposed order to
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those committees of the Senate and House of Representatives
having jurisdiction over the subject matter of the order.'
(d) (1) Notwithstanding the provisions of subsections (b)
and (c), and under such regulations as the Director of National
Intelligence shall approve, the Agency may pay expenses,
benefits, and allowances equivalent to those specifically
authorized in subsections (b) and (c), in any case in which the
Director determines that, for reasons of operational necessity or
security, the means of paying expenses, benefits, and allowances
authorized in subsections (b) and (c), should not be utilized.
(2) The Director shall annually inform the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate of any
expenditures made under this subsection and the reasons therefor.
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Sec. 442. Employees of the Agency shall participate in the
regular Federal civil service retirement system pursuant to
subchapter III of chapter 83 of title 5, United States Code. The
Director may, however, continue to designate for participation in
the Central Intelligence Agency Retirement and Disability System,
authorized by the Central Intelligence Agency Retirement Act of
1964 for Certain Employees (78 Stat. 1043; 50 U.S.C. 403 note),
certain employees of the Agency whose duties are either (1) in
support of Agency activities abroad and are hazardous to life or
health, or (2) so specialized as to be clearly distinguishable
from normal government employment; but the number of employees of
the Agency which may retire on an annuity under such system in
any period may not exceed the limits prescribed by law.
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TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS;
.STATUTES REPEALED
TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS
Sec. 451. (a) All positions established in and personnel
employed by the Central Intelligence Agency as in effect on the
day before the effective date of this title, and all obligations,
contracts, properties, and records employed, held, or used
primarily in connection with any function to be performed by the
Agency under this title, are transferred to the Director.
(b) All orders, determinations, rules, regulations,
permits, contracts, certificates, licenses, and privileges which
have become effective in the exercise of functions transferred
under this title and which are in effect on the day before the
effective date of this title, shall continue in effect until
modified, terminated, superseded, set aside, or repealed by the
Director or other properly designated Agency official, by any
court of competent jurisdiction, or by operation of law.
(c) The provisions of this title shall not affect any
proceedings pending before the Central Intelligence Agency as in
effect prior to the effective date of this title.
(d) No suit, action, or other proceeding begun by or
against any officer in his official capacity in the Central
Intelligence Agency, as in effect prior to the effective date of
this title, shall abate by reason of enactment of this title.
(e) With respect to any function transferred by this title
and exercised after the effective date of this title, reference
in any other Federal law to any department, agency, office, or
part thereof shall be deemed to refer to the department, agency,
or office in which such function is vested pursuant to this
title.
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Sec. 452. Section 102 of the National Security Act, of 1947
(50 U.S.C. 403) and the Central. Intelligence Agency Act of 1949
(50 U.S.C. 403a--403j) are repealed.
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 % 7 w,4 ti 7,9
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TITLE IV -- CENTRAL INTELLIGENCE AGENCY 1.7
-Sec. 401. This title may be cited as the "Central 1.11
Intelligence Agercy act of 1978." 1.12
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2_
STATEMENT CF PURPOSES 2.2
Sec. 402. it is the purpose of this Act-- 2.6
j1) to clarify the statutory authorities, functions, and 2.7/1
responsibilities of the Central Intelligence Agency; 2.11
j2) to authorize the Central Intelligence Agency to 2.13
perform those foreign intelligence, counterintelligence, and 2.1a
counterterrorism activities which are necessary for the
conduct of the foreign relations and the protection of the 2.15
national security of the United States:
(3) to ensure
counterintelligence,
Central intelligence
directed, regulated,
j4) to ensure
that the foreign intelligence,
and counterterrorism activities of the
Agency are properly and effectively 2.18
coordinated, and administered:
that the Central Intelligence Agency is 2.24
accountable to the President, the Congress, and the people 2.24/1
of the United States, and that the foreign intelligence,
counterintelligence, and counterterrorism activities of the 2.24/2
Central -Intelligence Agency are conducted in a manner 2.28
consistent with the Constitution and laws of the United 2.29
States and so as not to abridge any right guaranteed or
protected by the Constitution or laws of the United States.-2.30
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DEFINITIONS 3.2
Sec. 403. (a) Except as otherwise provided it this 3.6
section, the definitions in Title I, the National Intelligence 3.7
Act of 1977, shall apply to this title.
(b) As used in this title-- 3.9
(1) The term "cover" refers to any means by which the 3.13
true identity or affiliation with the Central intelligence 3.114
Agency of an activity, Officer, employee, or agent of the 3.15
Central Intelligence Agency, or of a related corporation or
organization is disguised.
(2) The term "proprietary" means a sole 3.18
proprietorship, partnership, corporation or other business 3.19
entity owned or controlled by the Central intelligence
agency and doing business under private commercial cover. 3.20
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DIRECTION OF THE CIA; DUTIES OF THE DIRECTOR 4.2
Sec. 404.. (a) The Central Intelligence Agency (hereinafter 4.6
in this title referred to as the "Agency"), as established by the 4.7
National Security Act of 1947, shall be under the direction and 4.8
control of the National Security Council.
Sb) There shall be at the head of the Agency a Director of 4.10
the Central. Intelligence Agency (hereinafter in this title 4.11
referred to as the "Director"). The Director of National 4.12
Intelligence, or, in accordance with section 110 of this Act, the 4.13
Deputy Director of National intelligence or an Assistant Director
of National intelligence, shall act as the Director. In the 4.14
event that the Director and the Director of National intelligence 4.15
are not one and the same person, the Director shall be subject to 4.16
the supervision of, and responsive to intelligence plans, 4.17
objectives, and requirements-established by, the Director of
National Intelligence. 4.18
Sc) It shall be the duty of the Director to -- 4-.21
(1) ensure that the functions of the Agency are 4.23
performed in conformity with the Constitution and laws of 4.24
the United States, and that the performance of those 4.25
functions does not abridge any right guarar_teed or protected 4.26
by the Constitution or laws of the United States;
S2) ensure that the activities of the Agency are 4.28
properly and efficiently directed, regulated, coordinated, 4.29
and administered; and
13) perform the duties assigned-elsewhere in this Act 4.31
to the head of each entity of the intelligence Community. 4.32
Sd) (1) The Director is authorized to establish such 4.34
committees or boards, composed of officers and employees of 4.35
the United States,. as may be necessary to carry out 4.36
effectively the provisions of this title.
S2) The Director is also authorized to establish such 4.38
advisory committees as may be necessary to provide expert 4.39
advice regarding the administration of this title. The 4.40
provisions of the Federal Advisory Committee Act (86 Stat. 4.41
770) shall apply with respect to any advisory committee 4.42
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5-
establi r,hed by the Director under authority of this section
except that the Director may waive the application of any or 4.43
all of the provisions of such Act when. the Director deems 4.44
such action necessary to the successful performance of the 4.45
functions of the Agency or to protect the security of the 4.46
activities of.the Agency. Any waiver exercised by the 4.47
Director under this subsection shall be reported to the 4.48
committees of the Congress having jurisdiction over matters
relating to foreign intelligence activities and the names of 4.49
all persons appointed to serve on such advisory committees 4.50
shall be reported to such committees of the Congress. 4.51
(e) Notwithstanding any other provision of law, the 4.53
Director may terminate the employment of any officer or employee 4.54
of the Central Intelligence Agency whenever the Director 4.55
considers such termination necessary or advisable in the 4.56
interests of the"nationa1 security of the United States. The
Director shall report to the Permanent Select Committee on 4.57
intelligence of the House of Representatives and the Select 4.58
Committee on intelligence of the Senate, in a timely manner, any 4.59
exercise of the Director's authority under this paragraph. The 4.60
termination of the employment of any officer or employee under
authority of this paragraph shall not affect the right of such 4.61
officer or employee to seek or accept employment elsewhere in the 4.62
Government if declared eligible for such employment by the United 4.63
States Civil Service Commission.
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FUNCTIONS 5.2
Sec. 405. (a) All activities, duties, and responsibilities 5.6
of the Agency shall be related to the intelligence functions set 5.7
out in this section, and shall be performed in accordance with 5.8
this Act.
Sb) The Agency shall collect foreign intelligence, 5.10
including -- 5.11
(1) The collection of foreign intelligence from 5.13
publicly available sources and from any person willing 5.14
voluntarily to provide such intelligence; 5.15
12) when the information sought is not publicly 5.17
available, the collection of foreign intelligence by 5.18
clandestine means abroad and,'when integrally and 5.19
exclusively related to Agency activities outside the United 5.20
States, from foreign persons within the United States; and
j3) The development and provision of support for 5.22
technical and other programs which collect national 5.23
intelligence abroad.
Sc) The Agency shall produce, analyze and disseminate 5.24/1
foreign intelligence necessary to meet the needs of the 5.24/2
President, the National Security Council, the Congress and other 5.27
departments and agencies of the Government, and shall provide
such support as the Director of National Intelligence requires 5.28
for the production of national intelligence estimates and similar 5.29
intelligence community-coordinated analyses. 5.30
jd) The Agency shall conduct special activities in support 5.32
of national foreign policy objectives. 5.33
1e) The Agency shall conduct counterintelligence and 5.35
counterterrorism activities, including -- 5.36
j1) The conduct of counterintelligence and 5.38
counterterrorism activities outside the United States; 5.39
S2) The conduct of such counterintelligence and 5.41
counterterrorism activities within the United States as are 5.42
integrally related to counterintelligence or 5.43
counterterrorism activities of the Agency outside the United 5.44
States;
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j3) The coordination of counterintelligence and 5.4E
counterterrorism activities outside the United States by any 5.47
other entity of the intelligence community; and 5.48
j4) The production and dissemination of 5.50
counterintelligence and counterterrorism studies and 5.51
reports.
jf) The Agency shall, under the directions and control of 5.53
the Director of National Intelligence, coordinate all collection 5.54
outside the United states of foreign intelligence, 5.55
counterintelligence, and counterterrorism intelligence by 5.56
clandestine means utilizing human sources.
jg) The Agency shall also - 5.59
11) Conduct or contract for research, development, 5.61
and procurement of,technical systems and devices relating to 5.62
authorized-functions;
j2) Conduct services of common concern for the 5.64
intelligence'community as directed by the Director of 5.65
National intelligence;
j3) Conduct: such liaison with foreign governmental 5.67
agencies as may be authorized by the Director of National 5.68
intelligence; and
j4) Provide legal and legislative services and other 5.70
administrative support to the Office of the Director of 5.71
National intelligence.
jh) (1) All Agency activities within the United States 5.73
involving the collection of intelligence and all Agency 5.74
counterintelligence and counterterrorism activities within 5.75
the United States shall be conducted in coordination with 6.1
the Federal Bureau of Investigation and in accordance with 6.2
procedures agreed upon by the Attorney General and the 6.3
Director of National Intelligence.
j2) The Director of rational intelligence and the 6.5
Attorney General shall conduct a review, at least annually, 6.6
of all Agency activities within the United States for the 6.7
purpose of ensuring that such activities do not violate any 6.8
right guaranteed or protected by the Constitution or laws of 6.9
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the United States, determining the necessity for continuing 6.10
such activities, and making recommendations to the
President, the National Security Council, and the 6.11
appropriate committees of the Congress. 6.12
7. /c~ f a~r 9
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-9-
AGENCY POWERS 7.2
Sec. 406.. (a) In carrying out its functions under this 7.6
Act,. the Agency is authorized to-- 7.7
,(1) transfer to and receive from other departments 7.9
and agencies for the sole purpose of carrying out functions 7.10
authorized by this title, such sums of money as may be 7.11
approved by the Director of National intelligence and the 7.12
Director of the Office of Management and Budget, and sums so 7.15
transferred to the Agency may be expended by the Agency
without regard to limitations on appropriations from which 7.16
transferred. but only when the Director certifies in writing 7.17
that such limitation would unduly impede the performance of 7.18
a function authorized. by this title and transmits such 7.19
written certification to the appropriate committees of the 7.20
Congress;
12) exchange funds without regard to the provisions 7.22
of section. 3651 of the Revised Statutes (31 U.S.C. 543); 7.23
(3) reimburse. other departments and agencies for the 7.25
services of Personnel assigned or loaned to the Agency; 7.26
(4) reimburse other departments and agencies for 7.28
expenses incurred when Agency personnel are assigned to such 7.29
departments and agencies for cover purposes; 7.30
15) rent any premises necessary to carry out any 7.32
function of the Agency authorized under this Act, and make 7.33
alterations, improvements, and repairs to premises of or
rented by the Agency without regard to any limitation 7.35
prescribed by law if the Director (A) certifies to the 7.36
Director of National intelligence that a waiver of the
limitation otherwise applicable to the renting, alteration, 7.37
improvement, or repair, as the case may be, of premises is .7.38
necessary to the successful performance of the Agency's 7.39
functions or the security of its activities, and (B)
promptly notifies the committees of Congress having 7.40
jurisdiction over the Agency of the waiver and of the 7.41
reasons for exercising such waiver;
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j6) appoint such.personulsl as it deems advisable, 7.43
without regard to the provisions of title 5, United States 7.44
Code, governing appointments in the competitive services, 7.45
and fix the compensation of such personnel without regard to 7.46
the provisions of chapter 51 and subchapter III of chapter
53 of that title, relating. to classification and General 7.47
Schedule pay rates, but at rates not in excess of the rate 7.48
authorized for GS-18 by section 5332 of that title; 7.49
j7) establish, maintain, and operate secure 7.51
communications systems in support of Agency operations and, 7.52
as a service of common concern, establish, maintain, and
operate such secure communications systems as may be 7.53
required for the use of other departments and agencies; 7.54
j8) perform, inspection, audit, public affairs, legal, 7.55/1
and legislative services; 7.55/2
j9) establish, furnish, and maintain secure cover for 7.56
Agency officers, employees,. and agents. The Agency may not 7.57
use for these purposes an affiliation, real or ostensible, 7.58
with any United States religious organization, any United
States media organization, any United States charitable or 7.59
educational foundation, any United States university or 7.60
college, with the Peace Corps or any United States
Government program designed to promote education, the arts, 7.60/1
humanities, or cultural affairs;
j10) establish and operate proprietaries to support 7.67
Agency operations. 7.68
111) protect, in accordance with standards 7.69/1
established by the Director of National intelligence under 7.69/2
section 108(1) and with any other applicable law, or 7.69/3
Executive order, materials and information related to 7.69/4
intelligence sources and methods; and
j12) perform such additional functions as are 7.69/6
otherwise authorized by this Act for each entity of the 7.69/7
intelligence community;
jb) Notwithstanding the provisions of section 3678 of the 7.71
Revised Statutes (31 U.S.C. 628) or any provision of law enacted 7.72
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I ~lDrte, i.jj J P ~'"""j
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after the effective date of this title, unless such subsequently 7.73
enacted provision expressly cites this subsection, any department 7.74
or agency may transfer to or receive from the Agency any sum of
money approved by the Director of National Intelligence and the 7.75
Director of the office of management and Budget for use in 8.1
carrying out any function authorized by this title. 8.2
(c) Notwithstanding any other provision of law, any 8.4
department or agency is authorized to assign or loan to the 8.5
Agency any officer or employee of such department or agency to 8.6
assist the Agency in carrying out any function of the Agency 8.7
authorized by this title. in any case in which any officer or
employee of another department or agency is assigned or loaned to 8.8
the Agency in a manner that would be prohibited except for this 8.10
subsection, the Agency shall report the details of such
assignment or.loan to the appropriate committees of the Congress. 8.11
Sd) (1) Any proprietary established and operated by the 8.15
Agency may be operated. on a commercial basis to the extent 8.16
necessary to provide effective cover. Any funds generated 8.17
by any such proprietary in excess of the amount necessary 8.18
for its normal operational requirements shall be deposited
by the Director into miscellaneous receipts of the Treasury. 8.19
S2) Whenever any Agency proprietary whose net value 8.21
exceeds $50,000, is to be liquidated, sold, or otherwise 8.22
disposed of, the Agency shall, as much in advance of the
liquidation, sale, or other disposition of the proprietary 8.23
as practicable and subject to such security standards as the 8.24
Director and Attorney General hall agree upon, report the 8.25
circumstances of the intended liquidation, sale, or other 8.26
disposition to the Attorney General and the Comptroller
General of the United States. Any proceeds from any 8.27
liquidation, sale, or other disposition of any Agency 8.28
proprietary, in whatever amount, shall be deposited by the
Director into miscellaneous receipts of the Treasury. 8.29
Se) The authority contained in clauses (9) and (110) of 8.31
subsection (a) shall be available to the Agency notwithstanding 8.32
any other provision of law and shall not be modified, limited, 8.33
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suspended, or superseded by any provision of law enacted after 8'.34
the effective date of this title unless such provision expressly 8.35
cites the specific provision of subsection (a) intended to be so
modified, limited, suspended, or superseded. 8.36
Sf) The Agency may continue to use the seal of office used 8.38
by the Central Intelligence Agency prior to the effective date of 8.39
this title and judicial notice shall be taken of such seal.. 8.40
jg) Subject to the provisions of section 125(a) of this 8.42
Act, no provision of law shall be construed to require the 8.43
Director or any other officer or employee of the United States to 8.44
disclose the organization, function, name, official title,
salary, or affiliation with the Central Intelligence Agency of 8.45
any person employed by the Agency, or the number of persons 8.46
employed by the Agency,, unless such provision specifically 8.47
requires such disclosure and expressly cites this section.
~,~,swu~-a.SZ.-
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-13-
PROCUREMENT AUTHORITY 9.2
Sec. 407. (a) The Agency is authorized to procure such 9.6
property, services, equipment and facilities as may be necessary 9.7
to carry out its functions under this title.. The provisions of 9.8
chapters 137 and 139 of title 10, !1nited States code, relating to 9.9
the procurement of property, services, and research and
development activities, shall apply to the procurement of 9.10
property and research and development activities by the Agency 9.11
under this title in the same manner and to the same extent such
chapters apply to the procurement of property, services, and 9.12
research and development activities by the agencies named in 9.13
section 2302(a) of chapter 137 of title 10, except that the 9.14
Director is authorized to waive the application of any or all of 9.16
the provisions of chapters 137 and 139 of title 10 when the
Director deems such action necessary to the successful 9.17
performance of any function of the Agency or to protect the
security of activities of the Agency. Any waiver exercised by 9. 18
the Director under this section shall be reported to the 9.19
committees of the Congress having jurisdiction over the Agency
together with the reasons for exercising such waiver. 9.20
Sb) The Agency is further authorized to procure property, 9.22
goods, or services in such a manner that the role of the Agency 9.23
is not apparent or publicly acknowledged if public knowledge that 9.24
the Agency is the procurer of the property, goods, or services
will inhibit or interfere with the secure conduct of an 9.25
authorized Agency function. The procurement authority provided 9.26
under this subsection may be exercised by the Agency
notwithstanding any other provision of law and shall not be 9.27
modified, limited, suspended, or superseded by any provision of
law enacted after the effective date of this title unless such 9.28
provision expressly cites this subsection.
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-14-
AUTHORIZATIONS FOR APPROPRIATIONS AND EXPENDITURES 10.2
Sec. 408. (a) Notwithstanding any other provision of law, 10.6
sums made available to the Agency by appropriation or otherwise 10.7
may be expended for purposes necessary to carry out the lawful
functions of the Agency. No funds may he expended for activities 10.8
which have not been authorized by a law enacted during the same 10.8/1
or immediately preceding fiscal year, except that this limitation
shall not apply to funds appropriated by any continuing 10.8/2
resolution. Such purposes may include --
(1) supplies, equipment, and personnel and 10.10
contractual services otherwise authorized by law or 10.11
regulation, when approved by the-Director;
j2) training of Agency personnel and personnel of 10.12/1
other departments and agencies, as appropriate: 10.12/2
j3) personal services, including personal services 10.13
without regard to limitations on types of persons to be 10.14
employed, and rent at the seat of government and elsewhere;
lease of buildings to the Government without regard to the 10.15
limitations prescribed in section 322 of the Act entitled 10.16
"An Act making appropriations for the Legislative Branch of
the Government for the fiscal year ending June 30, 1933, and 10.17
for other purposes", approved June 30, 1932 j40 U.S.C. 10.18
278a);. health-service programs as authorized by section 7901
of title 5, United States Code; rental of news-reporting 10.19
services; purchase or rental and operation of photographic
reproduction, cryptographic, duplication; and printing 10.20
machines, equipment, and devices, and radio-receiving and
radio-sending equipment and devices, including telegraph and 10.21
teletype equipment; purchase, maintenance, operation, 10.22
repair, and hire of passenger motor vehicles, aircraft, and 10.23
vessels of all kinds; subject to policies established by the
Director, transportation of officers and employees of the 10.24
Agency in Government-owned automotive equipment between 10.25
their domiciles and places of employment; where such
personnel are engaged in work which makes such 10.25/1
transportation necessary, and transportation in such
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-15-
equipment, to and from school, of children of Agency 10.27
personnel who have quarters for themselves and their
families at isolated stations outside the continental United 10.28
States where adequate public or private transportation is 10.29
not available; printing and binding; purchase, maintenance,
and cleaning of firearms, including purchase, storage, and 10.30
maintenance of ammunition; subject to policies established
by the Director, expenses. of travel in connection with, and 10.31
expenses incident to attendance at meetings of professional, 10.32
technical, scientific, and other similar organizations when
such attendance would be a benefit in the conduct of the 10.33
work of the Agency; association and library dues; settlement 10.34
and payment of claims of civilian and military personnel, as
prescribed in Agency regulations consistent with the terms 10.35
and conditions by which claims are settled and paid under 10.36
the Military Personnel and Civilian Employees' Claims Act of
1964 (31 U.S.C. 240-243); acquisition, construction and 10.37
alteration of buildings and facilities without regard to the
Public Buildings Act of 1959 (40 U.S.C.:601-615); and 10.38
repair, rental, operation, and maintenance of buildings, 10.38/1.
utilities, facilities, and appurtenances.
Sb) The Director may expend any funds appropriated or 10.44
transferred to the Agency for the purpose of meeting emergency 10.45
and extraordinary expenses. The expenditure.of such funds for 10.46
such purposes shall be accounted for solely ?n the certificate of 10.47
the Director and every such certificate shall be deemed a
i
sufficient voucher for the amount certified therein, but such 10.48
expenditures may only be for activities authorized by law. The 10.49
Director shall report all expenditures made under authority of 10.50
this subsection on a quarterly basis to the Committees on 10.51
Appropriation of the Senate and House of Representatives, to the 10.52
Permanent Select Committee on Intelligence of the House of
Pepresentatives, and to the Select Committee.on Intelligence of 10.53
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-16-
GENERAL
COUNSEL; INSPECTOR GEIIERAL; 11.3
AND OTHER OFFICES 11.4
Sec. 410.. (a) There shall be a General Counsel of the 11.8
Agency appointed by the President, by and with the advice and 11.9
consent of the Senate. The General Counsel shall serve as the
principal legal adviser to the Director and shall have the 11.10
responsibility and authority to -- 11.11
(1) review all activities of the Agency and advise 11.13
the Director whether such activities are in conformity with 11.14
the Constitution and laws of the United~States, executive 11.15
orders, presidential directives and memoranda, and the
rules, regulations, and policies of the Agency;
11.16
(2) review all proposed rules and regulations of the 11.18
Agency, including but not limited to any, rule or regulation 11.19
proposed to implement the provisions of this Act, to insure 11.20
that any such rule or regulation is in conformity with the
Constitution and laws of the United States, executive 11.21
orders,, and presidential directives and memoranda; 11.22
13) perform the duties assigned to the General 11.24
Counsel of each entity of the Intelligence community by 11.25
section 124 of this Act; and
S4) perform such additional duties as the Director 11.27
may prescribe.. 11.28
Sb) There shall be an Inspector General of the Agency 11.30
appointed by the Director. The Inspector General shall have the 11.31
responsibility and authority to --
j1) investigate all activities of1the Agency to 11.33
determine in what respects the Agency may more effectively 11.34
perform its lawful functions and to determine the facts and 11.35
circumstances of any alleged wrongdoing;
12) advise the Director and the General Counsel of 11.37
the Agency of his findings regarding such activities; 11.38
S3) perform the duties assigned to the Inspector 11.40
General of-each entity of the Intelligence Community by 11.41
section 124 of this Act;
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 Approved For Release 2002/' 05/29 : CIA-RDP85-00759R000100120002-1
(4) perform such other investigations as the Director 11.43
deems necessary and appropriate subject'to the provisions of 11.44
this Act; and
(5) perform such other duties as the Director may 11.46
Prescribe. 11.47
Sc) (1) Subject to the provisions of paragraph (2), the 11.49
Director may appoint such other subordinate officials to 11.50
assist him in the Performance of his duties as he deems 11.51
appropriate.
S2) Executive schedule positions: within the Agency in 11.53
addition to those of Director, General Counsel, and 11.54
Inspector General and any positions in the grades of GS-16, 11.55
GS-17, and GS-18 other than those transferred to the Agency 11.56
under this Act shall be as authorized by law.
S3) _Section 5315 of title 5, United States Code, is 11.58
amended by adding at the end thereof: 11.59
"General Counsel, Central Intelligence Agency.
Inspector General, Central intelligence Agency.".
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_18_
CONFLICTS OF INTEREST 12.2
iU
.Sec. 411. officers and employees of the Agency shall be 12.6
subject to all laws, regulations, executive orders and directives 12.7
relating to conflicts of interest and the misuse of information 12.8
obtained in the course of their official duties, and the 12.9
Director, subject to policy guidance of the Attorney general, 12.10
shall issue regulations necessary to implement such laws,
regulations, executive orders and directives.1 Notwithstanding 12.11
the foregoing sentence, the Director is authorized to waive the 12.12
application of any such law, regulation, executive order or 12.13
directive when he deems such action necessary: because of the 1.2.14
unique function and mission of the Agency, but such a waiver may
be granted by the Director in any case only with the written 12.15
approval of the Attorney General and only after the Director has 12.16
notified the committees of the Congress having jurisdiction over 12.17
the Agency that such waiver is to be made and the reasons 12.18
therefor.
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 Approved For Release 2002/05/29: CIA-RDP85-00759R000100120002-1
-19-
ADMISSION OF ESSENTIAL ALIENS 13.2
I
Sec. 412. Whenever the Director, the Attorney General, and
13.6
the Commissioner of'Immigration shall determine that the entry of 13.7
a particular alien into the United States for permanent residence 13.8
is in the interest of national. security or essential to national 13.9
intelligence activities, such alien and his immediate family 13.10
shall be given entry into the United States for permanent 13.11
residence without regard to their inadmissibility under, or their 13.12
failure to comply with, any immigration law of the United States
or any other law or regulation, jut in no case may the number of 13.13
aliens and members of their immediate families who enter the 13.14
United States under the authority of this section exceed one 13.15
hundred in any one fiscal year. 13.16
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-20-
FESTRICTIONS
14.2
Sec. 413. (a) The authorities, duties, and
14.6
responsibilities established in this Title are subject to the
14.7
restrictions of sections 115-122 and Title IT of this Act.
14.8
Sb) The Agency shall have no police, subpoena, or law
14.10
enforcement powers, nor perform any internal security or criminal
14.11
investigation functions except to the extent expressly authorized
by this Act.
14.12
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-21-
CRIMINAL PENALTIES 15.2
Sec. 414. (a) Any person who, having learned in the course 15.5/1
of his official duties the true identity of any officer or 15.5/2
employee of the Agency who is. performing Agency functions under 15.5/3
cover. knowingly communicates, furnishes, or otherwise makes 15.7
available to any unauthorized person that identity in a manner 15.10
which results in injury to or seriously jeopardizes the safety of
such officer or employee, or as could reasonably have been 15.11
expected to result in injury to or jeopardize the safety of such 15.12
officer or employee,. shall be fined not. more than $20,000 or 15.13
imprisoned not more than ten years, or both.
.jb) Section 207 of title 18, United States Code,,is amended 15.15
by adding the following subsection: 15.16
"!(d) whoever, having been an officer or employee of 15.18
the Central Intelligence Agency and within two years after 15.19
his employment with such Agency has ceased, knowingly
participates, without obtaining a. written waiver from the 15.19/1
Director of National intelligence pursuant to section 411 of 15.19/2
the National intelligence Reorganization Act of 1977, in the 15.20
liquidation, sale, or other disposition of a proprietary of
such Agency, either on his own behalf or as an agent or 15.21
attorney for anyone other than the United States, shall be 15.22
fined not more than $10,000 or imprisoned for not more than
two years, or both. As used in this subsection, the term 15.23
'proprietary' shall have the same meaning as prescribed in 15.24
section 403 of the National Intelligence Reorganization Act
of 1977."
(c) Any person who knowingly and without the written 15.26
oermission of the Director uses the words "Central Intelligence 15.27
Agency," the initials "CIA," the seal of the Central intelligence 15.28
Agency, or any colorable imitation of such words, initials or
seal in connection with any advertisement, book, circular, 15.29
pamphlet or other Publication, play, motion picture, broadcast, 15.30
telecast or other production in a manner reasonably calculated to 15.31
convey the impression that such use is approved, endorsed or 15.32
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-22-
authorized by the Agency, shall be fined not more than $10,000 or
imprisoned not more than five.years, or both. 15.33
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-23-
TRAVEL, RELATED EXPENSES, AND DEATH GRATUITIES 16.3
FOR CERTAIN AGENCY PERSONNEL
Sec. 417. (a) Definitions. As used in this section -- 16.9
(1) the term "employee" means any person employed by 16.11
the Agency, but does not include, unless otherwise 16.12
specifically indicated, any person working for the Agency 16.13
under a contract or any person who when initially employed 16.14
is a resident in or citizen of a foreign country in which
the station at which such person is to be assigned to duty 16.15
is located.
(2) the term "foreign area" means any geographic area 16.17
outside the United States. 16.18
s3) the term "United States" means the several 16.20
states, the District of Columbia, the Commonwealth of Puerto 16.21
Rico, the Territory of the Virgin Islands, and the Canal 16.22
Zone, but does not include Guam and other territories and 16.23
possessions of the United States. 16.24
lb) Under such regulations as the Director of National 16.26
Intelligence shall approve -- 16.27
11) with respect to employees assigned to duty 16.29
stations within the United States, the Agency may pay: 16.30
jA) travel, transportation,, and subsistence 16.32
expenses in accordance with the provisions of chapter 16.33
57 of title 5, United States Code, and 16.34
SB) allowances in accordance with the 16.36
provisions of chapter 59 of title 5, United States 16.37
Code.
S2) with respect to employees assigned to duty 16.39
stations in any foreign area, the Agency may provide 16.40
allowances in accordance with the provisions of chapter 59 16.41
of title 5, United States Code, allowances and other 16.42
benefits in the same manner and under the same circumstances
such allowances and other benefits are provided employees of 16.43
the Foreign Service under title IX of the Foreign Service 16.44
Act of 1946 (22 U.S.C. 1131-1158), and death gratuities in 16.45
the same manner and under the same circumstances such 16.46
gratuities are provided employees of the Foreign service 16.47
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
ut section 14 of the Act entitled "An Act to provide
certain basic authority for the Department of State", 16.48
approved August 1, 1956 122 U.S.C. 2679a). 16.49
Sc) (1) whenever any provision of law relating to travel 16.51
and related expenses or death gratuities of employees of the 16.52
Foreign Service, other than those provisions referred to in 16.53
paragraph (b) (2) above, is added or amended after the date 16.54
of enactment of this Act and the President determines that 16.55
it would be appropriate for the purpose of maintaining
conformity between provisions of law relating to travel and 16.56
related expenses and death gratuities of the Foreign Service 16.57
and provisions of law relating to travel and related 16.58
expenses and death gratuities of employees of the Agency, 16.59
the President may,?by Executive order, extend in whole or in 16.60
part to employees of the Agency any such allowances or
benefits applicable to employees of the Foreign Service. 16.61
S2) Any provisions of an Executive order issued 16.63
pursuant to this subsection shall have the force and effect 16.64
of law and shall be given retroactive effect to a date not 16.65
earlier than the effective date of the corresponding 16.66
provisions of law relating: to Foreign Service personnel.
Any such order shall. modify, supersede, or render 16.67
inapplicable,. as the case may be, to the extent inconsistent 16.68
therewith --
SA) all provisions of law relating to travel, 16.70
related expenses and death gratuities of employees of 16.71
the Agency enacted prior to the effective date of the 16.72
provisions of such Executive Order, and 16.73
SB) any provision of any prior Executive order 16.75
issued under authority of this section. 17.1
j3) An Executive Order under this subsection may not 17.3
become effective until the expiration of at least 60 days 17.4
after the President submits the proposed order to those 17.5
committees of the Senate and House of Representatives having 17.6
jurisdiction over the subject matter of the order. 17.7
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
jd) (1) Notwithstanding the provisions of subsection (b) 17.9
and (c) of this section, and under such regulations as the 17.10
Director of National Intelligence shall approve, the Agency 17.11
may pay benefits to employees comparable to those 17.12
specifically authorized in this section when it is 17.13
determined by the Director that such action is essential for
reasons of operational necessity or security. 17.14
12) The Director shall annually inform the Permanent 17.16
Select Committee on Intelligence of the House of 17.17
Reoresentatives and the Select Committee on Intelligence of 17.18
the Senate of any expenditures made under this subsection 17.19
and the reasons therefor.
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 Appfoved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-26-
RETIREMENT SYSTEM 18.2
Sec.. 418. Employees of the Agency shall participate in the 18.6
regular Federal civil service retirement system pursuant to 18.7
subchapter III of chapter. 83 of title 5, United States Code. The 18.8
Director may, however, continue to designate for participation in 18.9
the Central Intelligence Agency Retirement and Disability System, 18.10
authorized by the Central Intelligence Agency Retirement Act of 18.11
1964 for Certain Employees (78 Stat. 1043; 50 U.S.C. 403 note),
certain employees of the Agency whose duties are either (1) in 18.12
support of Agency activities abroad and are highly hazardous to 18.13
life or health or (2) so specialized as to be clearly
distinguishable from normal government employment; but the number 18.14
of employees of the Agency which may retire on an annuity under 18.15
such system in any period may not exceed the limits prescribed by
law.
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 Apprroved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-27-
TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS 19.3
iu
Sec. 420. (a) All personnel employed by the Central 19.7
Intelligence Agency, on the day before the effective date of this 19.8
title, and all obligations, contracts, properties, and records 19.9
employed, held, or used primarily in connection with any function 19.10
to be performed by the Agency under this title, are transferred 19.11
to the Director.
jb) All orders, determinations, rules, regulations, 19.13
permits, contracts, certificates, licenses, and privileges which 19.14
have become effective in the exercise of functions transferred 19.15
under this title and which are in effect. on the day before the 19.16
effective date of this title, shall continue in effect until 19.17
modified, terminated, superseded, set aside, or repealed by the
Director, by any court of competent jurisdiction, or by operation 19.18
of law.
jc) The provisions of this title shall not affect any 19.20
proceedings pending before the Central intelligence Agency as in 19.21
effect prior to the effective date of this title. 19.22
jd) No suit, action, or other proceeding begun by or 19.24
against any officer in his official capacity in the Central 19.25
intelligence Agency, as in effect prior to the effective date of 19.25
this title, shall abate by reason of enactment of this title. 19.27
je) With respect to any function transferred by this title 19.29
and exercised after the effective date of this title, reference 19.30
in any other Federal law to any department, agency, office, or 19.31
part thereof shall be deemed to refer to the department, agency, 19.32
or office in which such function is vested pursuant to this 19.33
title.
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
-28-
STATUTES SUPERSEDED AND REPEALED 20.2
Sec. 421. Section 102 of the National Security Act of 1947 20.7
and the Central Intelligence Agency Act of 1949.are repealed.
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 App?bved For Release 2002%05/29 : CIA-RDP85-00759R000100120002-1
-29-
,EFFECTIVE DATE 21.2
f
Sec. 422. This title shall become effective the first day 21.6
of the third calendar month following the month in which it is 21.7
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 STATINTL Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
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 Approved For ReI a 2002/05/29 : CIA-RDP85-00759R00WO120002-1
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 oved For ase?8 0$0$20002 1
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NATIONAL INTELLIGENCE REORGANIZATION AND REFORM ACT OF 1977
TITLE IV -- CENTRAL INTELLIGENCE AGENCY ACT OF 1977
Appr
Sec. 401. Short Title 1
Sec. 4027 Statement of Purposes 2 V'
Sec. 403./ Definitions 3 /
Sec. 404. Establishment of Central Intelligence
Agency; Functions 4
Sec. 405. Director and Deputy Director 5
Sec. 406. Duties of the Director 8
Sec. 407.-- General Counsel; Inspector General;
and Other Offices 12
Sec. 408. Agency Powers 14
Sec. 409.' Procurement Authority 18
Sec. 410.-/ Authorizations for Appropriations
and Expenditures 19
Sec. 411. Oversight and Acountability 22
Sec. 412. Relationships with Other Government
Agencies 27
Sec. 413.- Conflicts of Interest 29
Sec. 414.-" Admission of Essential Aliens 30
Sec. 415. " Restrictions 31
Sec. 416. Criminal Penalties 32
Sec. 417.-'- Travel, Related Expenses, and Death
Gratuities for Certain Agency Personnel 33
Sec. 418.-" Retirement System 44
Sec. 419. Disclosure of Information 45
Sec. 420.- Transfer of Personnel, Property,
and Functions 46
Sec. 421. Statutes Superseded and Repealed 47
Sec. 422."' Effective Date 48
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 Approved For Release 2002/05/29 : CIA-RDP85-00759R000100120002-1
TITLE IV -- CENTRAL INTELLIGENCE AGENCY
Sec. 401. This title may be cited as the "Cantrai
Int iiigence Agency Act of 1977."
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 Approved For Release 2002/05/29_ CIA-RDP85-00759R000100120002-1
Sec. 49Z. It is the purpose of this Act--
(1) to replace the now obsolete provisions of ttte
National Security Act of 1947 governing the intelligent-
activitia's of the Central Intelligence Agency and the
Central Intelligence Agency Act of 1949, in order to clarify
the authorities, functions, and responsibilities of the
Ctntrai Intelligence agency;
(2) to authorize the Central Intelligence Agency to
perform those foreign intelligence activities which are
necessary for the conduct of the foreign relations and the
protection of the national security of the United States;
(3) to insure that the foreign intelligence
activities of the Central Intelligence Agency are properly
directed, re ? ated, coordinated, and administered, and are
organized and conducted so as to meet the foreign
intelligence requirements of the United States;
(4) to provide for the appointment of a Director of
the Central Intelligence Agency, conferring on him the
authority necessary to fulfill the duties ana
responsibilities prescribed in this title, and making him
accountable co the Presioent, the Congress, and the people
of the Unitea States; and
(5) to guarantee that foreign intelligence activt_t!Fes
of the Central Intelligence Agency are conducted in a fanner
consistent with the Constitution and laws of the JJnitec
States and so as not to abridge any right guaranteed or
protected by the Constitution or laws of the United Sta:es.
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Sec. 403. (a) Except as otherwise provided in this
section, the definitions in Title I, the National Intelligence
Act of 1977, shall apply to this title.
(b) As used in this title--
(1) The term "cover" refers to any means intended to
protect the security of an intelligence activity or the
safety of an officer, employee, or agent of the United
States Government by disguising the true identity or
affiliation witn the United States Government of such
dccivity, officer, employee, or agent, or of a related
corporation or organization.
(2) The term "proprietary" ir.eans a sole
proprietorship, partnership, corporation or other business
entity owned in wnole or in part, or controlled, by the
Central Intelligence A ency and doing business under private
commercial cover in furtherance of a lawful intelligence
activity of that Agency.
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iSTAbLISHMEhT OF C!~NTHAL I1TELLICENCF
AGENCY; FUNCTIONS
Security Council an agency to be known as the Central
intelligence Agency (hereinafter in this title referred to s the
"Agency").
(b) It shall be the notion of the Agency to--
(1) collect foreign intelligence through overt,
clandestine, and technical means;
(2) analyze, produce and disseminate foreign
intelligence under the guidance of the Director of National
Intelligence;
(3) conduct foreign counterintelligence activities
outside the United States;
(fit) coordinate with the Federal Bureau of
Investigation, in accordance with the provisions of this Act
and in accordance with procedures agreed upon by the
Attorney General ana the Director of National Intelligence,
the foreign counterintelligence activities conducted by the
Agency witnin the United States;
(5) conduct such special activities in support of
national foreign policy objectives as are directed by the
National Security Council and approved by the President; and
(6) conduct for the benefit of other entities oT the
Intelligence Community such aaditional services of comr:~n
concern as are authorized ty law and as the L'irector of
;.ational Inte~ligence determines can be most efficient:,,
accoiiplished cy the Agency.
(c) The functions of the Agency shall be carries out in
accoraance with the prcvisions of this Act and under the
airaetion and control of the National Security Council. The
activities of the Agency shall be subject to the supervision of
the Director of National Intelligence and shall be responsiv, to
intelligence objectives, requirements, and priorities establ-.shed
by that Director.
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DIRECTOR AND DEPUTY DIRECTOR
Sec. 405. (a) There snail be at the dead of the Agency a
Director of the central Intelligence Agency (hereinafter in this
titre referred to as the "Director"). There snail also be.a
Leputy Director of the central Intelligence Agency (hereinafter
in this title referred to as the "Deputy Director") to assist the
Director in carrying out his functions under this Act, who snail
act for, and exercise the powers of, the Director during the
absence or disability of the Director.
(b) The Director and the Deputy Director shall be appointed
by the President, by and with the advice and consent of the
Senate, and each shall serve at the pleasure of the President.
No person may serve as Director or Deputy Director for a period
of more than six years unless such person is reappointed by the
President, by and with the advice and consent of the Senate. No
person who has serves as Director or Deputy Director for a period
of less tnan six years and is subsequently appointed or
reappointed to the same office may serve in tnat office under
sucn appointment or reappointment for a term of more than six
years. In no event may any person serve in either or both
positions for more than a total of twelve years. At no time
snail the two positions of Director and Deputy Director be
occupied simultaneously by commissioned officers of the armed
forces whether in an active or retired status.
(c) (1) If a commissioned officer of the armed forces is
appointed as Director or Deputy Director, tnen--
(A) in the performance of nis duties as
Lirector or Deputy Director he shall be subject to no
supervisicn, control, restriction, or prohibition,
(military or otherwise) otner than would be appiicacle
i. ne were a civilian in no way connected with the
bepart,ment of Defense, the military cepart.r.ancs, or
cne armed L'orces of :ne i;niteo States or any coronen'_
eofi and
SuCn officer Sham not 7ossess or exercise
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than su'h as he possesses, or is autrc'rized or
directed to exercise, as Director or Deputy Director)
with respect to the Department of Defense, the
military departments, or the armed forces of the
United States or any component thereof, or with
respect to any of the personnels (military or civilian)
of any Df the foregoing.
(2) Except as provided in paragraph (1) of this
section the appointment to the office of Director or Deputy
uirector of a commissioned officer of the armed forces, anc
his acceptance of and service in such an office, snail in no
way affect any status, office, rank, or grade he may occupy
or mold in the armed forces, or any emolument, perquisite,
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 xrade
not lower than that in which such officer was serving at the
time of his appointment.
(3) The grade of any such commissioned officer snail,
curing any period in which such officer occupies the office
of ;director or Deputy Director, be in addition to the
numbers and percentages authorizes and appropriated for the
u.iiicary aepartment of whien such officer is a member.
(n) The Director (wnen the Director of National
Intelligence is not also serving as Director) shall be entitled
to the same compensation prescribed by section 5313 of title 5,
United States Code, for positions at level II of the Executive
Schedule, and the Deputy Director shall be entitled to the same
compensation prescribed by section 5314 of title 5, United 5`ates
Code, for positions at level III of the Executive Schedule. The
Director and Deputy Director, whether civilian or military, snail
De ccmpensateo, while so serving, only from funds appropriat d to
t[1e Agency.
(e) The Deputy Director snail act in the place of the
:.irocccr curing to-c:_ absence or disability of the Director or
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during any temporary vacancy in the office of tie Director. The
Director snail prescribe by regulation wnat officer of the Agency
shall act in the place of the Director in the event that the
offices of both the Director and the Deputy Director are
temporarily vacant.
(f) Any person holding the office of Director or Deputy
Director of the Central Intelligence Agency as such agency
existed on the day before the effective date of this title may
continue to serve in the corresponding office established by this
title until such person or his successor is appointed to that
office as provided in this title, but in no event for a period
exceeding thirty days after such affective date. In oomputing
the twelve-year limitation prescribed by suosaction (b) of this
section, any service by a person as Director or Deputy Director
of the Central Intelligence Agency as such agency existed on the
day oefore the affective date of this title shall not be
included.
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,sec. 406. (a) It shall be the Duty of the Director, urcer
the uirect_on of the Director of National Intelligence and tie
National Security Council, to--
(1) advise the Director of National Intelligence on
3ucn intelligence activities as the Director of National
Intelligence may specify;
(2) recommend to the Director of National
Intelligence procedures for improving the coordination cf
intelligence activities among the entities of the
Intelligence Community;
(3) insure that the activities of the Agency are
conducted in conformity with the Constitution and laws cif
;he United States, and that such activities do not abric~e
any right guaranteed or protected by the Constitution or,
laws of the United States;
(4) insure that the activities of tnr Agency are
properly directed, regulated, cooroinated and administered,
and are organized and conducted so as to meet most
efficiently the intelligence requirements promulgated tv the
Director of National Intelligence;
(S) collect outside the United States, in accordance
with reciuirembnts prescribed by the Director of National
Intellic;Rnce, foreign intelligence, includin7 the ccle?tinr
of such intelligence by clandestine means when such
intelligence is not publicly available;
(6) within the United States, collect foreign
ntelligence from publicly available sources and from any
person who is killing voluntarily to provide such
:nteliio,enee, and establish and maintain with foreigh
persons suen contacts as are integrally and exclusively
related to tnt conduct of foreign intelligence activities by
the Agency outside the United States;
(7) ensure that the Agency receives promptly any
national foreign intelligence collected by any other entity
of the Intelligence Community;
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(3) produce, analyze, and disseminate under the
direction of the Director of National Intelligence, foreign
intelligence necessary to meet the needs of the President,
the National Security Council, the Congress, and other
aepartments and agencies of the United States Government;
(9) provide to the Director of National Intelligence
such support as such Director requires for the production of
rvational Intelligence Estimates and similar Intelligence
Community-coordinated analyses;
(10) conduct such special activities in support of
national foreign policy objectives as are approved by the
President, and ensure that such special activities are
carried out in a manner consistent with applicable law;
(11) conduct such liaison with foreign governmental
agencies as may be directed by the Director of National
Intelligence;
(12) prescribe and implement, in accordance with the
provisions of Title II of this Act and with policy guidance
from the Director of National Intelligence, security rules,
regulations, procedures, and stanuards for the protection of
Lnformat:on and material relating to intelligence
activities, including policy guiuance for conducting sucn
investigations as are necessary of applicants for employment
i,ith the Agency, of employees and contractors of the Agency,
and of other persons similarly associated with the agency;
(111) prepare a proposed budget for the Agency oasao
upon guidance from the Director of National Intelligence and
submit that proposed budget to the Director of National
Intelligence at such time and in such manner as may be
soecified by the Director of Kational Intelligence;
(14) provide appropriate procedures for the proper
aaministration, control, ana accounting of all funds made
.vail3ale co :nt Agency to erfo?ra -its functions;
(15) rape cram, subject to the approval of the
Lirvctor of national intelligence ana in accordance iitn
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annual authorization and appropriation At, funds mad,
available to the Agency to perform its functions;
(16) conduct such research and developr.ent in support
of intelligence activities as may be necessary Lc meet the
needs of the Director of National Intelligence and other
entities of the Intelligence Community;
(17) provide the Director of National Intelligent- and
such other entities of the Intelligence Community as trot
Director designates with such administrative, technical, and
support activities as the Director of National Intelligence
determines are necessary to carry out that Director's alfd
such entities' legally authorized duties and
responsibilities; and
(18) provide the Director of National Intelligenc-
with such information as he may request on the activities of
the Agency.
(b) (1) Under the direction of the Counterintelligence
Committee and in accordance with provisions of this Act and
regulations and policy guidance pursuant thereto, the
Director is authorized to conduct the following
counterintelligence activities--
(A: collect counterintelligence and engage in
ocher counterintelligence activities outside the
United States;
(t) coordinate the collection of
counterintelligence and other counterintelligence
activities conducted outside the United States by
other departments and agencies of the United States.;
(C) collect counterintelligence and conduct
other counterintelligence activities within the Un-l..ted
States, but only if
(i) such activities are first coordinated
with the Attorney General; and
(_ ) the Attorney Genera. determines teat
such activities are integrally related to
counterintelligence activities conducted by ne
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Ager.oy outside the United States, or that such
activities could not be conducted by the Federal
Bureau of Investigation; and
(D) produce and disseminate counterinteliiaanee
reoorts.
.(2) All departments and agencies of the United States
referred to in chute (B) of paragraph (1) small seep the
Director currently informed of the counterintelligence
activities conducted by such departments anu agencies
outside the United States and snail cooperate with the
Director in coordinating such activities with those
counterintelligence activities of the Agency and other
entities of the Intelligence Community.
(c) (1) The Director is autnorizeo to establish such
committees or boards, composes of officers and employees of
the United States, as may be necessary to carry out
effectively the provisions of this title.
(2) The Director is also authorized to tstablisn sue':
advisory committees as may be necessary to provide expert
advice regarding the administration of this title. The
provisions of the Federal Advisory Committee Act (F6 :;tat.
770) shall apply with respect to any advisory committee
establisned by the Director under autnority of this section
except that the Director may wai,~* the applicacion of any or
all of cne provisions of such Act when the Director deems
such action necessary to the successful performance If the
functions of cne Agency or to protect the security of the
activities of cn: Agency. Any waiver exercis=e cy the
uirector under this subsection snail be reported to the
committees of' the Congress naving ,jurisdiction over ,.attars
relating to foreign intelligence activities and the names of
all persons aopointed.to serve on such advisory ccmmittees
s ail to reoorteu ..o such committees of the Cenzr.?ss.
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GENERAL COUNSEL; INSPECTOR GENERAL;
AND OThER OFFICES
See. 407. (a.) There shall be a Genera! Counsel of tee
Agency appointed ay the President, by and with the advice arc
consent of the Senate. The General Counsel sn serves the
.4 principal legal adviser to the Director and snail have the
responsibility and authority to--
(1) review all activities of the Agency and advise
the Director whether such activities are in conformitY with
the Constitution and laws of the United States, executive
orders, presidential directives and memoranda, and the
rules, regulations, and policies of the Agency;
(2) review all proposed rules and regulations of the
Agency, including but not limited to any rule or regua.3tion
proposed to Implement the provisions of this Act, to insure
that any such rule or regulation is in conformity with the
Constitution and laws of the United States, executive
orders, and presidential directives and memoranda; and
(3) perform the duties assigned to the General
Counsel of each entity of the Intelligence Community by
section 123 of this Act.
(b) There shall be an Inspector General of the Agency
appointed by the Director. The Inspector General shall hav,a the
responsibility and authority to--
(1) investigate all activities of the Agency to
determine in what respects the Agency may more effectio.oely
perform its lawful functions and to determine the fact;: and
circumstances of any alleged wrongdoing;
(2) advise the Director and the General Counsel of
the Agency of his finoings regarding such activities;
(3) perform the duties assigned to tthe Inspecto.
General of each entity of the Intelligence Community by
section 123 of this Act;
(4) perform such other investi?ations as the Director
deems necessary and appropriate subject to the previsions of
this Act; and
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(5) perform such other duties as the Director may
prescribe.
(e) (1) Subject to the provisions of paragraph (2), the
iiractor may appoint such other subordinate officials to
assist nin: in the performance of his duties as he deems
appropriate.
(2) Executive schedule positions within the Agency in
addition to those of Director, Deputy Director, General
Counsel, and Inspector General and any positions in the
grades of GS-16, GS-17, and GS-18 other than those
transferred to the Agency under this Act shah, be as
authorized oy law.
(3) Section 5316 of title 5, United States Code, is
amended oy adding at the end thereof:
"(144) General Counsel, Central Intelligence Agency.
(145) Inspector General, Central Intelligence
Agency.".
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AGENCY POWERS
See. 408. (a) In carrying out its functions under this
Act, the Agency is authorized to--
(1) transfer to ano receive from other aepertm:!:ts
and agencies for the sole purpose of carrying out functicns
authorizes by this title, such sums of money as may bi
approves uy ne Director of National Intelligence and yhe
Director of :ne Office of Management and trudges, and sums so
transferred go the Agency may be expended. by the Agency
without regard to limitations on appropriations from wnicn
transferred but only when the Director certifies in writin**
that such limitation would unduly impede the performance of
a function authorized by this title and transmits such
written certification to the appropriate committees of the
Congress;
(2) exchange funds without regard to the provisions
of section 3651 of the Revised Statutes (31 U.S.C. 543);
(3) reimburse other departments and agencies for the
services of personnel assigned or loaned to the Agency;
(4) autnorize couriers ana guards designated by tyre
i,irector to carry firearms when engageo in transportirg
classified or sensitive documents or materials affecting the
national security;
(5) rent any premises necessary to carry out 3r
functions of the Agency authorized under this Act, and OSKe
alterations, improvements, and repairs to premises of -na
Agency without regard to any limitation orescribed by ':aw if
tne Director (A) certifies to the Director of t+ationa,
Int?:llighnce that a waiver of the limitation otherwistr
app=icable tc the renting, alteration, improvement, or
repair, as the case may be, of premises is necessary t tr_
successful performance of the Agency's functions or to
security of _:.s activities, and (t) promptly notifies :ne
c,~ur,_ :cos o.1 Congress naving jurisdiction over the x, ::icy
;;r the waiver and of the reasons for exercising such ..ivE:r;
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(6) appoint such personnel as it deems advisable,
without regard to the provisions of title 5, United States
Code, gevernine appointments in the competitive services,
and fix the compensation of 3ucn personn?l without regard to
the provisions of chapter 51 and subchapter III of chapter
53 of that title, relating to classification and General
Schedule pay rates, but at rates not in excess of the rate
authorized for GS-18 by section 5332 of that title;
(7) estaolish, maintain, ana operate secure
communications systems in support of Agency operations ana,
as a service of common concern, establish, maintain, and
operate such secure communications systems as may be
required for the use of other departments and agencies;
(8) establish, furnisn, and maintain secure cover for
Agency officers, employees, and agents. The Agency may not
use for these purposes an affiliation, real or ostensitle,
with any religious organization, any United States media
organization, any charitable or educational foundation, any
university or college, or any United States Government
program aesigned to promote education, the arts, humanities,
or cultural affairs, but may use an affiliation, real or
ostensible, with any other cooperating private individual,
uusiness or organization. The Agency may also use for these
purposes any department or agency, except the Peace Corps,
when the head of sucn department or agency concurs.
(9) establish and operate proprietaries to support
Agency operations.
(b) Notwithstanding the provisions of section 3678 of the
Revised Statutes (31 U.S.C. 623) or any provision of law enacted
after the effective date of this title, unless such subsequently
enacted provision axorassly cites this subsection, any department
enc y :,.ay ..r .r sfer to or receive from the Agency any sum of
Toney a,proveu oy .ne llirector of +'ac_onal Inalli. ence and tr,e
or cne it?fice of hanage:r.ent ana budget t?cr ise in
car,ji;., out shy function authorized ty this ._ le.
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(c) Notwithstanding any other provision of yaw, any
department or agency is authorized to assign or loan to the
Agency any officer or-employee of such department or agency to
assist the Agency in carrying out any function of the Agency
authorized by this title. In any case in which any officer or
employee of another department or agency is assigned or loaned to
the Agency and the assignment or loan of such officer or employee
would be prohibited except for. this subsection, the Agency shall
report the details of such assignment or loan to the appropriate
committees of the Congress and shall continue to report thereon
to such committees at least once every 90 days so long as sucn
assignment or loan to the Agency continues.
(a) (1) Any proprietary estatlished and operated by the
Agency may be operated on a commercial basis to the extent
necessary to provide effective cover. Any funds generated
by any such proprietary in excess of the amount necessary
for its normal operational requirements shall be depo,s;:ted
by the Director into miscellaneous receipts of the Treasury.
(2) Whenever any such proprietary is to be
liquidated, sold, or otherwise disposed of, the Agency
shall, as mud'h in advance of the liquidation, sale, or other
uisposition of the proprietary as practicable and sub,~ct to
such security standards as the Director and Attorney cr=nera-
shall agree upon, report the circumstances of the inte:deo
yiy;uiaation,; sale, or other disposition to the Attorne
veneral and ::he Comptroller General of the United Stat=?s.
Any proceeds :frow any such liquidation, sale, or otner
disposition snail be deposited oy the Director into
miscellaneous receipts of the Treasury.
(a) The authority contained in clauses (?) and (9) of
subsection (a) snail be available to the Agency notwithstanding
any other provision of law and snail not be modified, yimit>.d,
suspended, or superseded by any provision of law enacted after
the effective date of this title unless such provision exoryssyy
c_Ces the specific provision of subsection (a) intended to L:e so
-ooified, yimitec, suspended, or superseded.
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(f) The Agency may continue to use the sea! of office used
by the Central Intelligence Agency prior to the effective date of
cnis title and judicial notice shall be taken of such seal.
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FROCURE!?ENT AUT60RITY
Sec. 409. (a) The Agency is authorized to procure suer:
property, services, equipment and facilities as may be necessary,
to carry out its functions under this title. The provisions of
cnapters 137 ana 139 of title 10, United States Code, relating :o
the procurement of property, services, and research and
development activities, shall apply to the procurement of
property and research and development activities by the Agency
under this title in the same manner and to the same extent such
chapters apply to the procurement of property, services, and
research and development activities by the agencies named in
section 2302(a) of chapter 137 of title 10, except that the
Director is authorized, with the approval of the Director of
National Intelligence, to waive the application of any or all of
the provisions of chapters 137 and 139 of title 10 when the
Director deems such action necessary to the successful
performance of any function of the Agency or to protect the
security of activities of the Agency. Any waiver exercised o y
the Lirector under this section Snail be reported to the
counittees of the Congress having jurisdiction over the Agene.,y
together with the reasons for exercising such waiver.
(b) The Agency is further authorized to procure proper y,
goods, or services in such a manner tnat tie role of the Age-cy
is not apparent or publicly acknowledged if public knowledge that
the Agency is the procurer of the property, goods, or servic^?,s
will significantly inhibit or interfere with the secure conduct
of an authorized_Agency function. The procurement authority
provided under this subsection may be exercised by the Agency
notwithstanding any other provision of law and shall not be
;noaified, limiteo, suspended, or superseded by any provision of
law anactea after the affective sate of this title unless sucn
provision expressly cites this subsection.
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Sec. 410. (a) Motwithstandint any cthc-r provision of law,
sums made available to the Agency by appropriation or otherwise
may be expended for purposes necessary to carry out the lawful
functions of the Agency, including--
,(1) supplies, equipment, and personnel and
contractual services otherwise authorized by law or
regulation, when approved by the Director;
(2) 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;
lease of buildings to the Government without regard to the
limitations prescribed in section 322 of the Act entitled
"An Act making appropriations for the Legislative Branch of
the Government for the fiscal year ending June 30, 1933, and
for other purposes, approved June 30, 1932 (4C U.S.C.
278a); health-service programs as authorized by section 7901
of title 5, United States Code; rental of news-reporting
services; purchase or rental and operation of photograpnie
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 nire of passenger motor vehicles, aircraft, and
vessels of all Kinds; subject to policies established by the
Director, transportation of officers ana employees of the
Agency in Government-owned automotive equipment between
their domiciles and places of employment where such
perscnnel are engaged in work which makes such
transportation necessary, and transportation in such
equipment, to and from school, of children of Agency
personnel who nave quarters for tnemselves and their
La.milies ac isclatea stations outside the continen:al ::nitea
tats 4rere acequa:: public ur private .ransportation is
0
ij
hot availabla; printing ana Dinain_; purcnase, maintenance, r~ ~y )
.ana cleaning .,. firearms, including pur- ease, storage, ana
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maintenance of ammunition; subject to policies establashec
by the Director, expenses of travel in connection wits:, and
expenses incident to attendance at meetings of professional,
technical, scientific, and other similar organizations when
such attendance would be a benefit in the conduct of the
work of the Agency; association and library dues;,settlement
and payment of claims of civilian and military personnel, as
prescribed in Agency regulations consistent with the terms
and conditions by which claims are settled and paid under
the Military Personnel and Civilian Employees' Claims Act of
1964 (31 U.S.C. 240-24+3); acquisition, construction aruu.
alteration of cuildinis and facilities without regard to the
Public cuiloings Act of 1959 (40 U.S.C. 601-615); and
repair, rental, operation, and maintenance of buildings,
utilities, facilities, and appurtenances; but no funds may
be expended for activities which have not been authorized by
a law enacted during the same or immediately precedine
fiscal year, except that this limitation shall not apc.?y to
funds appropriated by any continuing resolution.
(b) (1) The Director may expend any funds appropriated or
transferred to the Agency for the purpose of meeting
emergency and extraordinary expenses. The expenditure of
such funds for such purposes shall be accounted for so.ely
on ;;ne certificate of the Director and every such
certificate snail be deemea a sufficient voucher for the
aurount cerbif`ied therein, but such expenditures may only be
for activities authorized by law. The Director snali report
all expenditures made under authority of this subsection an
a quarterly basis to the Committees on Appropriation of the
Senate and House of Representatives, and to all other
committees of the Congress having jurisdiction over the
Agency.
(c) All funds made available to the Agency, all activities
of t^xt Agency, and information relating thereto, shall be subject
to f:'r.ancial and program management audit and review by the
Co.rcro e r General of the United States upon the request ot', or
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with the approval of, any committee of the Congress having
,jurisdiction over the Agency, except tnat any funds expended for
any ~artiuular activity, and the activity for which such funds
are expenoea, uay be exempted by the Director of National
Intelligence from such audit and review if the director of
National. Intelligence (1) determines such exemption to be
essential to protect the security of the United States, (2)
notifies the committees of the Congress having jurisdiction over
the Agency of such exemption and the reasons for granting it, and
(3) reports quarterly to the committees of the Congress having
jurisdiction over the Agency on each activity exempted under this
subsection. Any, audit or review conducted by the Comptroller
General of the United States under authority of this subsection
shall be conducted in accordance with such security standards as
the iirector of iational Intelligence and the committee
requesting or approving audit or review snail agree to and
prescribe. Information resulting from any such audit or review
shall be available in the Congress only to the committees of the
Congress authorized herein to request such audit or review,
except as provided under section 123 of this Act.
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Sec. 411. (a) Pursuant to section 535 of title 28, United
States Code, and the provisions of this title, the Director shall
(1) report to the Attorney General, the Director of National
Intelligence, ana the Intelligence Oversight Board, immediately
upon aiscovery, any intelligence activity which constitutes or is
likely to constitute a violation of any law, executive order,
presidential directive, or presidential memorandum, or any
evidence of possible violation of Federal law by any officer or
employee of the Agency, (2) notify, in a timely manner, the
committees of the Congress having jurisdiction over the Agency
that the Attorney General, the Director of National Intelligence,
and the Intelligence Oversight Board have been notified pursuant
to this paragraph, and (3) report to the Attorney General any
evidence of possiole violation by any other person of any Federal
law specified in guidelines issued by the Attorney General
pursuant to section 123 (i)(2)(D) of this Act.
(a) The Director, the General Counsel, and the Inspector
(eneral of the Agency shah be responsible for reporting to the
Intelligence Uvetsignt board and the Director of National
Intelligence any intelligence activity coming to their respective
attention that raises questions of legality or propriety.
(c) It shall be the duty of the Director to keep the
committees of the Congress having jurisdiction over the Agency
fully and currently informed of all the Agency's activities,
including any significant anticipated activity which is the
responsibility of or is to be conducted by the Agency, but the
foregoing provision snail not be construed as requiring the
approval of any committee of the Congress prior to the initiation
of any such anticipated activity.
(o) The Director shall furnish any information or material
in ;.ne possession, custody, or control of the Agency or in the
possession, custody, or control of any person paid by the A envy
whenever requestea oy any committee of the Congress naving
3urisciction with respect to such information or material.
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(e) It snall be the duty of the Director to report to the
committees of the Congress having jurisdiction over the Agency,
in a timely manner, any intelligence activity of the Agency or
any of its employees wnicn constitutes a violation of any right
guaranteed or protected by the Constitution or laws of the United
States, or which constitutes a violation of any Federal law,
executive order, presidential directive or presidential
memorandum. The Director shall also transmit annually to the
committees of Congress having jurisdiction over the Agency a
written certification that the intelligence activities of the
Agency nave been conducted during the previous year so as not to
violate any right guaranteed or protected by the Constitution or
.Laws of the United States except for tnose the Director has
reason to believe were not so conducted and wnicn the Director
iaencifies and describes for such committees.
(f) Any employee of the Agency having any information on
any past, current, or proposed intelligence activity which
appears to be a violation of the Constitution or laws of the
United States, or of any executive order, presidential directive,
presidential memorandum, or rule or regulation of the Agency, or
which appears to be improper or in violation of Agency policy
small be required to report such information immediately to the
Director, General Counsel, or Inspector General of the Agency.
Whenever any such information is reported to the General Counsel
or the Inspector General, such officer shall report such
information to tna Director. If the matter is not initially
reported to the General Counsel of the Agency, he shall oe
notified by the Director or Inspector General. The Director
snail regularly, out not less than once a year, notify employees
of the Agency of their obligation to report such information and
the necessity for cooperating fully with the Intelligence
Oversight Board and the Attorney General.
_) The Inspector general and General Counsel of the Agency
are authorized, in extraordinary circumstances, and if recuested
.o ao so by an employee of the Agency providing any information
to :ne inspector General or CCeneral Counsel, to submit such
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information airPetiy to the Attorney General, thF Director of
National Intelligence or the Intelligence Oversight Board, ana to
notify the committees of the Congress having jurisdiction over
the Agency witnout informing the Director of such action.
(1i) Nothing in tnis section shall prohibit any employee of
the agency from reporting any information describea in subsection
(f) directly to the Attorney General, the Director of National
Intelligence, or the Intelligence Oversight Board, or the
committees of Congress having jurisdiction over the Agency. The
Attorney General shall take all steps necessary to insure that no
employee who communicates such information in such a fashion
shall be subject, on account of the reporting of such
information, to discipline through dismissal, demotion, transfer,
suspension, reassignment, reprimand, admonishment, reduction-in-
force, or other adverse personnel action, or the threat thereof.
(i) The Director shall insure that the General Counsel and
the Inspector General have access to any information necessary to
perform their duties under this title. The Director shall be
requires to provide to the Attorney General, the Director of
,iationai Intelligence, the Intelligence Oversight Board, and to
the committees of the Congress having jurisdiction over the
Agency an immediate explanation, in writing, of any instance in
whion the Inspector General or the General Counsel of the Agency
are denied access to information, instructed not to report to the
Intelligence Cversight Board on a particular activity, or are
denied authority to investigate a particular activity.
(j) The Director shall submit to the committees of the
Congress having jurisdiction over the Agency, at least once a
year, a report whirr includes--
(1) a review of the intelligence collection
dctivitits ana special activities conducted by the Ager:?y,
including all research and development in support of such
activities;
(2) a summary of all Agency activities that raise
questions of legality or propriety and the General Counsel's
anc Inspector General's finaings concerning such activities;
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r
(3) a summary of the Agency's use of proprietaries
during the preceding year, including an identification of
each such proprietary, a description of the nature and
function of each such proprietary, the results of any Agency
audit of any such proprietary, the fiscal impact of
proprietaries on the Agency budget, a list of all Agency
interventions with other departments and agencies on behalf
of each such proprietary, and a description of the manner in
wnien any such proprietary was liquidated, sold, or
otherwise disposed of by the Agency;
(4) a discussion of the major legal problems facing
the Agency; and
(5) recommendations for any needed legislation.
(ic) It shall be the duty of the Director to maintain a
complete record of all legal authorities, published regulations,
and published instructions pertaining to the activities of the
Agency.
A complete copy of
such record shall be stored in the Office of the Federal
xegister, National Archives and Necoras Service, General Services
Auministration, under security standards approved by the Director
of National Intelligence.
(1) It shall be the duty of the Director to maintain a full
and complete record pertaining to the activities of the Agency.
(m) It shall be the duty of the Director, to the maximum
extent practicable and consistent with guidelines established by
the c,r.inistracor of General Services, to provide for the
.e essary des.ruction of Agency records at regular periocic
_ncarvals. No record regarding the activities of ;,ne Agency may
a: ues:rcyea unless the Director has given written notification
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to tine committees of Congress having jurisdiction over the Agency
at least 60 days prior to the time fixed for the destruct:-on of
such records and a description of the records proposed to oe
destroyed at that: time.
(n) It shall be the duty of the Director to provide the
committees of the Congress having jurisdiction over the Agency
with a copy of all rules, regulations, procedures, and directives
issued by the Director to implement the provisions of this title
and to notify such committees, in a timely fashion, of any
waivers of such rules, regulations, directives, or procedures,
ants the facts an. circumstances of each suchrwaiver.
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See. 412. (a) In addition to those activities of the
Agency which relate to other departments and agencies and which
are authorized in other provisions of this Act, the Agency is
further authorized to--
.?(1) cooperate with Federal, State, or local law
enforcement agencies for the purpose of protecting personnel
and facilities of the Agency against espionage or other
criminal activity;
(2) seek assistance from State and local law
enforcement agencies in the conduct of background and
security investigations of applicants for employment with
the Agency, employees and contractors of the Agency, and
other persons similarly associated with the Agency;
(3) for the purpose of improving the Agency's ability
co perform its lawful duties and responsibilities with
respect to international terrorist activities, request from
the Law Enforcement Assistance Administration and from
Federal, State, and local law enforcement agencies
information on methods and techniques employed by
individuals in terrorist activities within the United States
and on equipment and techniques used by such agencies to
prevent or counter such terrorist activities;
(4) provide technical guidance, training, and
equipment to components of the Department of Defense engaged
in lawful intelligence activities;
(5) provide technical equipment to they Drug
enforcement Administration for use outside the United
States;
(5) provide technical information to the United
States Postal Service to assist in preventing the use of the
mails for any criminal activity or for any activity whicn
would endanger human "life;
(7) assist the United Mates Secret Service in the
performance cf that service's protective duties;
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(8) when extraordinary circumstances indicate that a
foreign persor associatec with the Agency should enter or
leave the United States under other than such person's :rue
identity, notify the Immigration ana Naturalization Service
of those circumstances and request a waiver of otherwise
applicable rules and procedures;
(9) when the Internal Revenue Service is auditing- the
tax returns of an Agency proprietary or of an individual
operating under Agency cover, notify the Internal Revenue
Service of such proprietary's or individual's affiliation
with the Agency and request that the audit be so conduced
as to avoid public disclosure of that affiliation; and
(10) maintain normal liaison relationships with other
departments and agencies .
(b) The Director shall report annually to the committee=s of
Congress Having Jurisdiction over the Agency on significant
Agency relationships with other departments and agencies of
F'eueral, State, and local government during the preceding ye,+r
under authority of this section.
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Sec. 413. Cfficers and employees of the Agency snail be
subject to all laws, regulations, executive orders and directives
relating to conflicts of interest and the misuse of information
obtained in the course of their official duties, and the
uirector,'subject co policy guidance or the Attorney General,
anal! issue regulations necessary to implement such laws,
regulations, executive orders and directives. Notwithstanding
the t'oregoing sentence, the Director is authorized to waive the
application of any such law, regulation, executive order or
directive when he deems such action necessary because of the
unique function and mission of the Agency, but such a waiver may
be granted by the Director in any case only with the written
approval of the Attorney General and only after the Director has
notified the committees of the Congress having jurisdiction over
the Agency that such waiver is to be made and the reasons
therefor.
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-30-
See. 414. Whenever the Director, the Attorney General, ano
the Commissioner of Immigration shall determine that the entry of
a particular alien into the United States for permanent residence
is in the interest of national security or essential to national
intelligence activities, such alien and his immediate family
shall be given entry into the United States for permanent
residence without regard to their inadmissibility under, or !.heir
failure to comply with, any immigration law of the United States
or any other law or regulation, but in no case may the number of
aliens and members of their immediate families who enter the
United States under the authority of this section exceed one
hunared in any one fiscal year.
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Sec. 415. (a) The authorities, duties, and
responsibilities established in this Title are subject to the
restrictions of sections 115-119 and Title II of this Act.
(b) The Agency shall have no police, subpoena, or law
enforcement powers, nor perform any internal security or criminal
investigation functions except to the extent expressly authorized
by this Act.
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Sec. 416. (a) Any person who knowingly communicates,
furnisnes, or otherwise makes available to any unauthorized
person, or publishes, or causes to be published, the true
identity of any officer or employee of the Agency who is
performing Agency functions under cover in a manner which r--suits
in injury to or seriously jeopardizes the safety of such of "icer
or employee, or as could reasonably have been expected to result
in injury to or jeopardize the safety of such officer or
employee, shall be fined not more than $20,000 or imprisoned not
more than ten years, or both.
(b) Section 207 of title 18, United States Code, is amended
by adding the following subsection:
"(d) Whoever, having been an officer or employee of
the Central Intelligence Agency and after his employment
with such Agency nas ceased, knowingly participates in the
liquidation, sale, or other disposition of a proprietary of
such Agency, either on his own behalf or as an agent or
attorney for anyone other than the United States, snarl be
fined not more than $10,000 or imprisoned for not more than
two years, or both. As used in this subsection, the tare;
'proprietary' shall have the same meaning as prescribed in
section 403 of the National Intelligence Reorganization Act
of 1977."
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TRAVEL, RELATED EXPENSES, AND DEATH GRATUITIES FOR CERTAIN AGENCY PFRSONNF L
Sec. 417. (a) Definitions. As used in this section--
(1) the term "employees" means personnel employed by
and assigned to duty with the Agency, but excludes persons
working under contract and persons who when hired are
resident in or citizens of the country of the duty station
at wnich they are to be employed, unless specifically
included.
(2) the term "foreign area" means all duty stations
not in the United States.
(3) the term "United States" means the several
states, the District of Columbia, the Commonwealth of Puerto
Rico, the Territory of the Virgin Islands, and the Canal
Zone,, but excluding Guam and all other territories of the
United States.
(4) the term "continental United States" means the 43
contiguous States and the District of Columbia.
(b) Under such regulations as the Director of National
Intelligence way prescribe, the Agency, with respect to its
employees assigned to duty stations in foreign areas, or within
other geographical areas when so indicated shall--
(1) pay the travel expenses of employees of the
Agency, including expenses incurred while traveling pursuant
to authorized nome leave;
(2) pay the travel expenses of members of the family
of an employee of the Agency when proceeding to or returninw
from his post of duty; accompanying him on authorized home
leave; or otherwise traveling in accordance with authority
granted pursuant to the provisions of this title or any
other provision of law;
(3) pay the cost of transporting the furniture and
nousencla and personal effects of an employee of the Agency
to his successive posts of duty and, on the termination of
nis services, to his residence at time of appointment or to
a point not :r.cre aistant, or, upon retirement, to she piac~
n~ nil, .aside, out such transportation must oe
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completed witnic, 12 maths from the date of retirement
unless the Director determines that the employee was ur:abl;-,
because of illness or other good cause, to make the
necessary preparations for such transportation, in whirn
case he may grant an extension of six months;
M- pay the cost of packing and unpacking,
transporting to and from a place of storage, and storirx the
furniture and household and personal effects of an employee
of the Agency when he is absent from his post of assignment
under orders, or when ne is assigned to a post to wnicr he
cannot take or at which he is unable to use such furniture
and nousehold and personal eriects, or wnen it is in tre
public interest or more economical to authorize storage; but
in no instance shall the weight or volume of the effects
stored together with the weight or volume of the effects
transported exceed the maximum limitations fixed by Agency
regulations when such limitations are not fixed by law;
(5) pay the cost of packing and unpacking,
transporting to and from a place of storage, snd storing the
furniture and household and personal effects of an 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, in the case of a new employee, from the date of his
ueparture from his place of residence, and for not to exceed
yO uays after arrival at the now post or until the
establishment of residence quarters, whichever is shorter;
and in connection with separation of an 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 90 days, his furniture and household and personal
effects; but in no instance shall the weight or volume of
the effects transported exceed the maximum limitations fixed
ny Agency regulations when such limitations are not fixed ty
law;
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replacement for such ;nctor vehicle, one additional motor
vanicle of any such employee stationea in a foreign area may
oe so transported during such period if the Director (A)
determines in advance that such replacement is necessary for
reasons beyond the control of the employee and is in the
interest of the Government, and (B) approves such
transportation in advance;
(10) pay the cost of transporting a replacement
vehicle for the motor vehicle of any employee of the Agency
who has remained on continuous service in a foreign area
after the expiration of a four-year period following the
date transportation was last provided under this section for
a motor vehicle for such employee;
(11) establish a medical or dental facility and
provide for the services of medical or dental personnel at a
post in a foreign area or Alaska at wnicn sufficient
personnel are employed to warrant suen a facility ana
personnel, but only if the Director determines that it is
not feasible to use an existing medical facility;
(12) in the event of illness or injury requiring the
hospitalization of a full-time employee of the Agency or
member of the family of such an employee of the Agency, not
the result of vicious habits, intemperance, or misconduct,
incurred while on assignment in a foreign area or Alaska, in
a locality where there does not exist a suitable hospital or
clinic, pay the travel and transportation expenses of such
employee, or member of his family by whatever means the
Director shall deem appropriate and without regard to the
Stanaaraized government Travel Regulations ana section
5731(a) of title 5, United States Code, to the nearest
locality where"a suitable hospital or clinic exists, pay a
per diem for up to 30 days when such travel does not involve
hospitalization, and on his recovery pay for the travel
expenses of nis return to his post of duty or to such other
post as may in the meantime have become the post to which
such employee has been reassigned; and if the employee or
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property) incident to the removal to any geographical
location seemed a necessary safenaven by the Director, of
any employee of the Agency, his family, and his furniture
and Household and personal effects, including any
automobile, from a post at which, because of the prev fence
of disturbed conditions, there is imminent danger to A.ife
and property, and the return of such persons, furniture, and
effects to such post upon cessation of such condition.,; or
to such other post as may in the meantime have become thi
post to which such employee has been assigned;
(7) enarge expenses in connection with travel ,,f any
employee, members of his family, and transportation c" tneir
household goons 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 transpo..tation
pertaining to the transfer begins pursuant to previously
issued travel and transfer orders, notwithstanding th} fact
that such travel or transportation may not all be effected
during such fiscal year or that the travel and transf r
orders may have peen issued during the prior fiscal year;
( ) order to the United States on home leave each
employee of the Agency who was a resident of the (Jnit?d
States at time of employment upon completion of eighteen
s:cntns continuous service abroad or as soon as possit.e
triereaftar;
(9) notwitnstanaing the provisions of any otht-r law,
cransporc tor or on canal!' of an employee of the Alien?y
stationed outside the continental United states, a privately
ownae motor vehicle in any case in which it snail be
determined Chat water, rail, or air transportation of the
motor venicl is necessary or expedient for all or any part
of the distance between points of origin and destiaa*lien,
any Day :he costs of such transportation; but not nor : an
ne mo:~r v ice of any officer or employep of th? ,Z:?ncv
3`! .e traascorted under authority of tnis clans? durinc 3n`/
.._nuous `DUr-Year period abroad, ex pt :nat, as 3.
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-37
member of his family is too ill or too young to travel
unattended, the Director may also pay the travel expenses of
an attenuant or attendants;
(13) in the event of illness or injury requiring
nospitalization of an employee of the Agency, not the result
oi' vicious naoits, intemperance, or misconduct on his part,
incurred in the line of duty wnile such person is assigned
to a foreign area, pay for the cost of the treatment of such
illness or injury at a suitable hospital or clinic;
(14) in the event a member of the family of an
employee of the Agency who is assigned outside the
continental United States incurs an illness or injury whirr
such member of the family is located outside the continental
United States, which requires hospitalization or similar
treatment, and which is not the result of vicious habits,
intemperance, or misconduct on his part, pay for that
portion of the cost of treatment of cacti such illness or
injury that exceeds $35 up to a maximum limitation of 120
uayu of treatment for eacn such illness or injury, excerpt
that such maximum limitation snail not apply whenever the
Director, on the basis of professional medical advice,
determines that such illness or injury clearly is due in
substantial part to the fact that such member of the family
is or has been located outside the continental United
States;
(15) make payments for the costs of medical or
hospital care under clauses 12, 13, and 1U above only
insofar as such costs would not otherwise be payable under
the terms of a health benefits plan approved by the Director
available to the employees of the Agency and to which the
Agency contributes under the provisions of chapter 39 of
title 5, Unitea States Code;
(16) provide .ne benefits under clauses (12) t:;rough
(14) beyc'nz .ne late of neat: cr separation of an employee
of .ce Agency, so ion,; as entitlement to such benefita
_ni:ialiy occurred prior to the death of the Cmpioyee;
r
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_3g_
(17) pay the costs of periodic physical exatrinatir*ns
of employees of the Agency and for the costs of
administering inoculations or vaccinations to such
employees; and pay thr, cost of providing the same services
to the members of the family of such employees when such
members accompany such employees to foreign areas where no
ocner sufficient United States governmental medical
facilities are available;
(18) pay the costs of preparing, transporting and
escorting the remains of any employee of the Agency, or .
member of his family who may die while in official Crave::
status or while assigned at any duty station, and the
transportation costs of dependents and household goods t-
his former home in the United States or a place not more
distant;
(19) pay the costs of travel of any new employee of
the Agency and members of such employee's family, and the=
transportation of their household goods and personal
effects, from places of actual residence at the time of
appointment, regardless of location, to places of
employment, regardless of location, and, upon separation,
return to their actual residences at the time of appointment
or a point not more distant; but the costs of such Crave.
ana transportation shall be paid only if such new employee
agrees in writing to remain in the employ of the United
States Government for a period of not less than 241 montta
from the time such employee is sent to a duty station in a
foreign area unless separated from employment for reasor3
beyond such employee's control which are acceptable to tie
Agency, and any violation of such agreement by an employer
for personal convenience or because of separation for
misconduct shall tar the return payment (the costs of travel
and transportation to the place of employment are payaba'
wnetner or not the incivicual selected nas been appointed at
..ne time of travel and transportation);
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(20) pay the cost of the travel expenses of employees
of the Agency who are United States persons and members of
their families, while serving at posts specifically
designated ty the Director for purposes of this clause, for
rest and recuperation to other locations which are
designated by the Director and are no further from the duty
post than is the continental United States, having different
environmental conditions than those at the post at which
such employees are serving; but sucn travel expenses shall
be iimiteu to the cost for each employee and members of his
family of one round trip of less than first class during any
continuous two-year tour unbroken by home leave and two
rouna trips of' less than first class during any continuous
three-year tour unbroken by home leave;
(21) pay the travel expenses of any employee of the
Agency for up to two round trips each year for purposes of
family visitation in situations where the family of the
employee is officially precluded from accompanying such
employee to, or has been ordered evacuated from, his
assigned post because of danger from hostile activity or
other harasnip conditions, as determined by the Director,
except that, with respect to any such employee whose family
is located in a foreign area or in a remote area of Alaska
sesi8nataa in regulations by the Director, the Director may
authorize such additional trips as he deems appropriate not
to exceea the equivalent cost of two round trips of less
than first class to the District of Columbia;
(22) pay the travel expenses of employees stationed
or in an official travel status in a foreign area or in
Alaska (or members of employees' families who are located in
a foreign area or in Alaska), for purposes of family
visitation in emergency situations involving a critical
llness or death involving a spouse, parent, or enild 'as
aefineo in section 81C1, title 5, United States Code), ou
cne I'acilitias of the 'lilitary :Airlift Command sna: be
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(1) set-off against accrued pay, retirement credit,
or other amount due such person or his estate,
(2) a deduction from any amount due such person from
the united States, or
(3) such otner method as is authorized by law,
unless ?the Director* or his designee determines that recovery of
any such sum will, not be in the best interests of the United
States.
(f) The Agency may, when the Director shall find it to be
in the best interests of the Government to do so as a means of
eliminating transportation costs, provide assigned persons with
basic household furnishings and equipment for ua on a loan basis
in personally owned or leased residences in foreign areas or in
remote areas of Alaska.
(g) Under such regulations as the Director may prescribe,
the kieney, with respect to its employees assigned to cuty
stations in the United States, may waive the applications of the
provisions of sections _ and of Public Law 89-516 for
certain employees when the Director deems that the official
change of station involved is of such a limited duration as to
warrant the waiver.
(h) Death Gratuities for Certain Agency Employees
Under such regulations as the Director may prescribe, the
Agency is authorized to provide for payment of a 7ratuity to
surviving dependents of any Agency employee, including any
appointed foreign national employee of the Foreign Broadcast
Information Service, who dies (or upon a finding of death under
section 5565, title 5, United States Code) as a result of
injuries sustainea in the performance of auty in a foreign area
or cite Canal Zone in an amount equal to one year's salary at she
t_a.e of aeacn. A aeath gratuity payment shall be made under this
sucsaction only if the survivors entitled to payment under this
sucsection are entitles to elect monthly compensation under
section 3133, title 5, United States Code because the death
resulted from an injury (excluding a disease proximately caused
v e employment) sustained in the performance of' duty, without
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regard to whether such survivor elects to waive compensatior
unocr such section 3133. Any death gratuity payment made urcer
tnis subsection snail be held to have been a gift and shalt. be in
adcition to any other oenefit payable from any source, A deatn
Qracuity payment under this subsection shall oe made as follows:
(1) first, to tnt widow or widower; (2) Second, to the child, or
children in equal snares, if there is no widow or widower; and
(3) third, to the dependent parent, or dependent parents in equal
shares if there is no widow, widower or child. If' there is no
survivor entitled to payment under this subsection, no payment
shall be made. As used in this subsection, the terms"widow"',
"widower", "child", and "parent" shall have the same meanin4*
given each such term under section 3101, title 5, United States
Code.
(i) (1) Whenever the President determines that it would be
appropriate for the purpose of maintaining conformity
uetween provisions of law relating to travel and related
expenses dnd ueath gratuities of the foreign Servic.. a:' the
Unites States and provisions of law relating to travel and
related expenses and death gratuities of employees of the
Agency, tie may, by Executive order, extend to Agency
employees, a provision of law enacted after January 1, 19T6,
which:
(A) amends part B, subchapter IX, chapter 14,
title 22, United States Code, or
(B) amends section 26793, chapter 3A, tit:} 22,
United States Code, or
(C) otherwise affects provisions of law
relating to travel and related expenses or death
gratuities of the Foreign Service.
Any such order snall extend such provision of law so that
such provision applies in like manner with respect to Agency
employees. Any s.:en order shall nave the force and effect
of law ano may be given retroactive effect to a date not
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Parlier thorn the effective data of the corrasrondina
provision of law relating to Foreign Service personnel.
(2) Any provisions of an executive order issued
pursuant to this subsection shall'nodify, supersede, or
render inapplicable, as the case may be, to the extent
inconsistent therewith--
(A) all provisions of law enactea prior to the
effective date of the provisions of suen Executive
order, ana
(8) any prior provision of any Executive order
issued under authority of this section.
(3) An Executive order under this subsection may not
become effective until 60 days after the President submits
the proposed order to those committees of the Senate and
House of Representatives having jurisdiction over the
subject matter of the order.
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Sec. 418. Employees of the Agency shall participate 'n the
regular Federal civil service retirement system pursuant t.
subchapter III of chapter 83 of title 5, United States Cod. The
Director may, however, continue to designate for participation in
the Central Intelligence Agency Retirement and Disability System,
authorized by the Central Intelligence Agency Retirement Act of
1964 for Certain Employees (78 Stat. 1043; 50 U.S.C. 403 nc=te),
certain employees of the Agency whose duties are either (1 in
support of Agency activities abroad and are highly hazardo~.,s to
life or'nealtn or (2) so specialized as to be clearly
distinguishable from normal government employment; but the number
of employees of the Agency which may retire on an annuity under
such system in any period may not exceed the limits prescribed by
law.
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-45-
See. 419. Subject to the provisions of section 412(o) of
this Act, no provision of law shall be construed to require the
Director or any other officer or employee of the United States to
disclose the organization, function, name, official title, or
salary of any person employed by the Agency, or the number of
persons employed by the Agency, unless such provision
specifically requires such disclosure and expressly cites this
section.
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TRANSFER: CF PERSONNEL, FPOPERTY, AND FUNCTIONS
See. 420. (a) All personnel employed by the Central
Intelligence Agency, as in effect on the day before the effective
uate of ctiis title, ano all obligations, contracts, proper;ips,
ano recorus employed, held, or used primarily in connection, with
any function to be performed by the Agency under Iris title, are
transferred to the Director.
(b) All orders, determinations, rules, regulations,
permits, contracts, certificates, 'Licenses, and privileges which
nave become effective in the exercise of functions transferred
under this title and which are in effect on the day before the
effective date of this title, shall continue in effect until
modified, terminated, superseded, set aside, or repealed by the
Director, by any court of competent jurisdiction, or by operation
of law.
(c) The provisions of this title snail not affect any
proceeuings pending before the Central Intelligence Agency as in
effect prior to the effective date of this title.
(d) No suit, action, or other proceeding begun by or
against any officer in his official capacity in the Central
Intelligence Agency, as in effect prior to the effective date of
this title, shall abate by reason of enactment of this title.
(e) With respect to any function transferred by this title
and exercised after the effective date of this title, reference
in any other Federal law to any department, agency, office, or
part thereof shall be deemed to refer to the department, a7encv,
or office in which such function is vested pursuant to this
title.
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STATUTES SUPERSErE1' AND REPEALED
Sec. 421. (a) Section 102 of the National Security Act of
1947 and the Central Intelligence Agency Act of 1949 are
repealed.
(t) Section 662 of the Foreign Assistance Act of 1961, as
amenuea, is repealed.
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EFFECTIVE DATE
Sec. 422. This title shall become effective the first day
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