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COMPILATION OF INTELLIGENCE LAWS AND RELATED LAWS AND EXECUTIVE ORDERS OF INTEREST TO THE NATIONAL INTELLIGENCE COMMUNITY

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CREST
Collection: 
General CIA Records
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90-00530R000300580001-0
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RIPPUB
Original Classification: 
K
Document Page Count: 
440
Document Creation Date: 
January 4, 2017
Document Release Date: 
December 27, 2012
Sequence Number: 
1
Case Number: 
Publication Date: 
March 1, 1987
Content Type: 
MISC
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Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 100th Congress 1st Session COMPILATION OF INTELLIGENCE LAWS AND RE- LATED' LAWS AND EXECUTIVE ORDERS OF INTEREST TO THE NATIONAL INTELLIGENCE COMMUNITY As Amended through March 1, 1987 PERMANENT SELECT COMMITTEE ON INTELLIGENCE HOUSE OF REPRESENTATIVES Printed for the use of the Permanent Select Committee on Intelligence of the House of Representatives Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 100th Congress COMMITTEE PRINT 1st Session COMPILATION OF INTELLIGENCE LAWS AND RE- LATED LAWS. AND. EXECUTIVE ORDERS OF INTEREST TO THE NATIONAL INTELLIGENCE COMMUNITY As Amended through March 1, 1987 PREPARED FOR THE USE OF THE PERMANENT :.SELECT. COMMITTEE ON 'INTELLIGENCE HOUSE OF. REPRESENTATIVES Printed for . the use of the Permanent Select Committee on Intelligence of the House of Representatives U.S. GOVERNMENT PRINTING OFFICE 70-1160 WASHINGTON : 1987 For sale by the Superintendent of Documents, Congressional Sales Office U.S. Government Printing Office, Washington, DC 20402 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : 'CIA-RDP90-00530 R000300580001 -0 PERMANENT SELECT COMMITTEE ON INTELLIGENCE OF THE HOUSE OF REPRESENTATIVES LOUIS STOKES, Ohio, Chairman ' DAVE McCURDY, Oklahoma HENRY J. HYDE, Illinois ANTHONY C. BEILENSON, California DICK CHENEY, Wyoming ROBERT W. KASTENMEIER, Wisconsin BOB LIVINGSTON, Louisiana DAN DANIEL, Virginia BOB McEWEN, Ohio ROBERT A. ROE, New Jersey DAN LUNGREN, California GEORGE E. BROWN, JR., California BUD.SHUSTER, Pennsylvania MATTHEW F. McHUGH, New York BERNARD J. DWYER, New Jersey CHARLES WILSON, Texas BARBARA B. KENNELLY, Connecticut THOMAS S. FOLEY, Washington, ex officio member ROBERT H. MICHEL, Illinois, ex officio member THOMAS K. LATIMER, Staff Director MICHAEL J. O'NEIL, Chief Counsel THOMAS R. SMEETON, Associate Counsel (II) Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : iCIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 FOREWORD This Committee Print gathers together in one publication those statutes which are within the jurisdiction of the House Permanent Select.Committee on Intelligence and statutes and Executive orders which are of interest to the Committee and the intelligence com- munity. Amended through March 1, 1987., and annotated to show perti- nent- history and cross-references,- the print will be updated when necessary to reflect. significant changes in the laws and Executive orders which bear on intelligence activities. LOUIS STOKES, Chairman, Permanent Select Committee on Intelligence. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 CONTENTS National Security Act of 1947 ....................................................................................... Page 3 Central Intelligence Agency Act of 1949 ..................................................................... 25 Central Intelligence Agency Retirement Act of 1964 for Certain Employees (with related laws and Executive orders) ................................................................ 37 B. NATIONAL SECURITY AGENCY National Security Agency Act of 1959 ......................................................................... 81 Title III of the Internal Security Act of 1950 ............................................................. 91 C. OTHER INTELLIGENCE STATUTES Foreign Intelligence Surveillance Act of 1978 ............................................................ 95 Classified Information Procedures Act ........................................................................ 111 Intelligence Identities Protection Act of 1982 ............................................................ 119 Central Intelligence Agency Information Act ............................................................ 121 Chapters 81 and 83 of title 10, United States Code (Defense Intelligence Agency Civilian Personnel) ........................................................................................ 123 D. ANNUAL INTELLIGENCE ACTIVITIES AUTHORIZATION ACTS Intelligence Authorization Act for Fiscal Year 1987 ................................................ 129 Intelligence Authorization Act for Fiscal Year 1986 ................................................ 141 Intelligence Authorization Act for Fiscal Year 1985 ................................................ 151 Intelligence Authorization Act for Fiscal Year 1984 ................................................ 157 Intelligence Authorization Act for Fiscal Year 1983 (including the Central Intelligence Agency Spouses' Retirement Equity Act of 1982) ............................ 165 Intelligence Authorization Act for Fiscal Year 1982 ................................................ 179 Intelligence Authorization Act for Fiscal Year 1981 ................................................ 185 Intelligence and Intelligence-Related Activities Authorization Act for Fiscal Year 1980 ....................................................................................................................... 189 Intelligence and Intelligence-Related Activities Authorization Act for Fiscal Year 1979 ....................................................................................................................... 193 II. SELECTED LAWS OF INTEREST TO THE NATIONAL INTELLIGENCE COMMUNITY A. DISCLOSURE AND PROTECTION OF INFORMATION Section 552 of title 5, United States Code (the "Freedom of Information Act").. 197 Section 552a of title 5, United States Code (the "Privacy Act") ............................. 203 Selected sections of the Right to Financial Privacy Act of 1978 (exemption for intelligence agencies; reporting requirement) ........................................................ 213 Section 13(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(b)) (report- ing requirements and national security exemption) ............................................. 217 Section 2709 of title 18, United States Code ............................................................... 219 Chapter 37 of title 18, United States Code (espionage and censorship) ................. 219 Sections 3 and 4 of the Subversive Activities Control Act of 1950 (the "Scar- beck Act") ............................................ :......................................................................... 226 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 Section 952 of title 18, United States Code (diplomatic codes and correspond- ence) ................................................................................................................................ Sections 1702 and 1703 of title 18, United States Code (tampering with the mails) .............................................................................................................................. Section 3623(d) of title 39, United States Code (mail classification) ....................... Section 716 of title 31, United States Code (access to agency records by Comptroller General) ................................................................................................... Chapter 17 of title 35, United States Code (secrecy of certain inventions)........... Chapters 12 and 18 of the Atomic Energy Act of 1954 (protection of atomic energy information) ..................................................................................................... Section 705 of the Communications Act of 1934 (47 U.S.C. 605) (unauthorized publication of communications) ................................................................................. Sections 102, 103, and 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) (Congressional investigations) ....................................................... Sections 6002 and 6005 of title 18, United States Code (testimonial immunity).. Section 8(b) of the Inspector General Act of 1978 ...................................................... Page 229 229 229 230 231 235 250 253 254 255 B. CONGRESSIONAL OVERSIGHT Title V of the National Security Act of 1947 (50 U.S.C. 413) (accountability for intelligence activities) .................................................................................................. 257 Section 654 of the Foreign Assistance Act of 1961 (22 U.S.C. 2414) ....................... 258 Section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422) (the "Hughes-Ryan Amendment") .................................................................................... 259 Section 112b of title 1, United States Code (United States international agree- ments) (the "Case Act") ............................................................................................... 259 C. REGISTRATION LAWS Section 951 of title 18, United States Code (agents of foreign governments) ....... 261 Foreign Agents Registration Act of 1938, as amended ............................................. 263 Act of August 1, 1956 (registration of certain persons trained in foreign espionage systems) ....................................................................................................... 277 D. IMMIGRATION LAWS Selected provisions of the Immigration and Nationality Act .................................. 281 Section 13 of Public Law 85-316 (8 U.S.C. 1255b) (adjustment of status of certain nonimmigrants to that of permanent resident alien) ............................. 302 Section 21 of the Act of August 1, 1956 (22 U.S.C. 2691) (the "McGovern Amendment") ................................................................................................................ 303 E. BUDGET-RELATED LAWS Section 3524 of title 31, United States Code (unvouchered expenditures) ............ 305 Sections 109; 610, and 614 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151g, 2360, and 2364) ................................................................................................. 306 Excerpts from the Foreign Military Sales Act Amendments, 1971 ........................ 307 Examples of recurring budget-related language in Department of Defense appropriation Acts, from Public Law 99-591, the resolution making continu- ing appropriations for fiscal year 1987 .................................................................... 308 Sections 1535 and 1536 of title 31, United States Code (the "Economy Act")...... 309 Chapter 5 of the Arms Export Control Act (Special Defense Acquisition Fund). 311 Sections 1341, 1342, 1350, and 1351 of title 31, United States Code (the "Anti- Deficiency Act" and related provisions) ................................................................... 313 F. PROHIBITORY LAWS Sections 620A and 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2371 and 2420) ........................................................................................................................ 315 G. MERCENARY LAWS Sections 956 through 960 of title 18, United States Code (certain private activities with respect to foreign countries) ............................................................ 317 H. RESTRICTIONS ON EMPLOYMENT OF OFFICERS OF THE UNITED STATES Clause 8 of Article I, section 9, of the United States Constitution ......................... 319 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 III Page Sections 207 and 219 of title 18, United States Code ................................................ 319 Sections 801 and 908 of title 37, United States Code ................................................ 323 I. PERSONNEL-RELATED LAWS Chapter 12 of title 5, United States Code (Merit Systems Protection Board and Special Counsel) ............................................................................................................ 325 Section 205 of the Ethics in Government Act of 1978 (5 U.S.C. App.) (Public access to executive personnel financial disclosure reports; exemptions)........... 336 J. MISCELLANEOUS RELEVANT LAWS National Emergencies Act (50 U.S.C. 1601-1651) ...................................................... 339 War Powers Resolution (50 U.S.C. 1541-1548) ............................................................ 343 Section 36 of the Arms Export Control Act (22 U.S.C. 2776) ................................... 347 Miscellaneous provisions from the Foreign Assistance Act of 1961 (22 U.S.C. 2301-44) .......................................................................................................................... 354 Title II of the State Department Basic Authorities Act of 1956 (as added by the Foreign Missions Act) ........................................................................................... 370 .Section 1385 of title.18, United States Code (the "Posse Comitatus Act")............ 380 Chapter 18 of title 10, United States Code (Military Cooperation With Civilian Law Enforcement Officials) ........................................................................................ 380 Section 1101 of Public Law 90-351 (Tenure and Senate confirmation of FBI Director) ......................................................................................................................... 384 Section 203(b) of Public Law 98-411 (FBI undercover operations) ......................... 384 Section 1221 of the Department of Defense Authorization Act, 1986 (Poly- graph program) ............................................................................................................. 387 National Narcotics Act (Chapter XIII of Public Law 98-473) ................................. 388 Section 1114 of title 18, United States Code (Assault on intelligence officers) .... 391 K. COUNTRY-SPECIFIC LEGISLATIVE RESTRICTIONS Sections 106 and 107 of Public Law 99-569 (Intelligence Authorization Act for Fiscal Year 1987) .......................................................................................................... 393 Section 9045 of Public Law 99-591 (Dept. of Defense Appropriations Act, 1987) 393 Section 722 of Public Law 99-83 (International Security Development Coop- eration Act of 1985) ...................................................................................................... 394 Sections 211 and 322 of Public Law 99-440 (Anti-Apartheid Act of 1986) ............ 394 Section 1351 of Public Law 99-661 (National Defense Authorization Act for Fiscal Year 1987) .......................................................................................................... 395 L. CITATIONS TO OTHER STATUTES OF INTELLIGENCE INTEREST Personnel ............................................................................................................................ 397 Procurement ..................................................................................................................... 398 Immigration ...................................................................................................................... 398 Use of funds ...................................................................................................................... 399 Information protection .................................................................................................... 399 Other .................................................................................................................................. 399 III. EXECUTIVE ORDERS RELATING TO THE NATIONAL INTELLIGENCE COMMUNITY Executive Order No. 10450, Security Requirements for Government Employ- ees .................................................................................................................................... 403 Executive Order No. 12139, Exercise of Certain Authority Respecting Elec- tronic Surveillance ....................................................................................................... 408 Executive Order No. 12537, President's Foreign Intelligence Advisory Board.... 409 -Executive Order No. 12333, United States Intelligence Activities ......................... 410 Executive Order No. 12334, President's Intelligence Oversight Board .................. 424 Executive Order No. 12356, National Security Information .................................... 425 IV. ESTABLISHMENT OF CONGRESSIONAL INTELLIGENCE COMMITTEES Rule XLVIII of the Rules of the House of Representatives (Permanent Select Committee on Intelligence) ........................................................................................ 439 S. Res. 400 from the 94th Congress (establishment of Senate Select Committee on Intelligence) ............................................................................................................. 445 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I.- INTELLIGENCE AGENCY STATUTES Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 A. CENTRAL INTELLIGENCE AGENCY ACT OF JULY 26, 1947 AN ACT To promote the national security by providing for a Secretary of Defense; for a National Military Establishment; for a Department of the Army, a Depart- ment of the Navy, and a Department of the Air Force; and for the coordination of the activities of the National Military Establishment with other departments and agencies of the Government concerned with the national security: Be it enacted by the Senate and House of. Representatives of the United States of America in Congress assembled, That [50 U.S.C. 401 note] this Act may be cited as the "Nation- al Security Act of 1947". Sec. 2. Declaration of policy. TITLE I-COORDINATION FOR NATIONAL SECURITY Sec. 101. National Security Council. Sec. 102. Central Intelligence Agency. Sec. 102a. Appointment of Director of Intelligence Community Staff. Sec. 103. National -Security Resources Board. Sec..104. Annual national security strategy report. TITLE II-THE DEPARTMENT OF DEFENSE Sec. 201. Department of Defense. Sec. 202. Secretary of Defense.* Sec. 203. Military Assistants to the Secretary.* Sec. 204. Civilian personnel.* Sec. 205. Department of the Army. Sec. 206. Department of the Navy. Sec. 207. Department of the Air Force. Sec. 208. United States Air Force.* Sec. 209. Effective date of transfers.* Sec. 210. War Council.* Sec. 211. Joint Chiefs of Staff.* Sec. 212. Joint Staff.* Sec. 213. Munitions Board.* Sec. 214. Research and Development Board.* Sec. 301. Compensation of Secretaries.* Sec. 302. Under Secretaries and Assistant Secretaries.* Sec. 303. Advisory committees and personnel. Sec. 304. Status of transferred civilian personnel.* Sec. 305. Saving provisions.* Sec. 306. Transfer of funds.* Seca 307. Authorization for appropriations. Sec. 308. Definitions. *Section repealed without amending table of contents. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 4 NATIONAL SECURITY ACT Sec. 309. Separability. Sec. 310. Effective date. Sec. 311. Succession to the Presidency. Sec. 411. Repealing and saving provisions." TITLE V-ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES Sec. 501. Congressional oversight. Sec. 502. Funding of intelligence activities. Sec. 503. Notice to Congress of certain transfers of defense articles and defense serv- ices. TITLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION Sec. 601. Protection of identities of certain United States undercover intelligence of- ficers, agents, informants, and sources. Sec. 602. Defenses and exceptions. Sec. 603. Report. Sec. 604. Extraterritorial jurisdiction. Sec. 605. Providing information to Congress. Sec. 606. Definitions. TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY Sec. 701. Exemption of certain operational files from search, review, publication, or Sec. 702. Decennial review of exempted operational files. "Item editorially inserted. SEC. 2. [50 U.S.C. 401] In enacting this legislation, it is the intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establish- ment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; to provide a Department of Defense, including the three military Departments of the Army, the Navy (including naval avia- tion and the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of Defense; to provide that each military department shall be separately orga- nized under its own Secretary and shall function under the direc- tion, authority, and control of the Secretary of Defense; to provide for their unified direction under civilian control of the Secretary of Defense but not to merge these departments or services; to provide for the establishment of unified or specified combatant commands, and a clear and direct line of command to such commands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its overall direction and control in the Secretary of Defense; to pro- vide more effective, efficient, and economical administration in the Department of Defense; to provide for the unified strategic direc- tion of the combatant forces, for their operation under unified com- mand, and for their integration into an efficient team of land, naval, and air forces but not to establish a single Chief of Staff over the armed forces nor an overall armed forces general staff. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R00030058000 1 0 SECURITY ACT 5 TITLE I-COORDINATION FOR NATIONAL SECURITY NATIONAL SECURITY COUNCIL SEC. 101. [50 U.S.C. 402] (a) There is hereby established a coun- cil to be known as the National Security Council (thereinafter in this section referred to as the "Council"). The President of the United States shall preside over meetings of the Council: Provided, That in his absence he may designate a member of the Council to preside in his place. The function of the Council shall be to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military serv- ices and the other departments and agencies of the Government to cooperate more effectively in matters involving the national secu- rity. The Council shall be composed of 1- (1) the President; (2) the Vice President; (3) the Secretary of State; (4) the Secretary of Defense; (5) the Director for Mutual Security; (6) the Chairman of the National Security Resources Board; and (7) The Secretaries and Under Secretaries of other executive departments and the military departments, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure. (b) In addition to performing such other functions as the Presi- dent may direct, for the purpose of more effectively coordinating the policies and functions of the departments and agencies of the Government relating to the national security, it shall, subject to the direction of the President, be the duty of the Council- (1) to assess and appraise the objectives, commitments, and risks of the United States in relation to our actual and poten- tial military power, in the interest of national security, for the purpose of making recommendations to the President in con- nection therewith; and (2) to consider policies on matters of common interest to the departments and agencies of the Government concerned with the national security, and to make recommendations to the President in connection therewith. (c) The Council shall have a staff to be headed by a civilian exec- utive secretary who shall be appointed by the President, and who shall receive compensation at the rate of $10,000 a year.2 The exec- ' The positions of Director for Mutual Security, Chairman of the National Security Resources Board, Chairman of the Munitions Board, and Chairman of the Research and Development Board have been abolished by various Reorganiztion Plans. The statutory members of the Na- tional Security Council are the President, Vice President, Secretary of State, and Secretary of Defense. 2 The specification of the salary of the head of the National Security Council staff is obsolete and has been superseded. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 b NATIONAL SECURITY ACT utive secretary, subject to the direction of the Council, is hereby authorized, subject to the civil-service laws and the Classification Act of 1923, as amended,3 to appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the Council in connection with the performance of its functions. (d) The Council shall, from time to time, make such recommenda- tions, and such other reports to the President as it deems appropri- ate or as the President may require. (e) The Chairman (or in his absence the Vice Chairman) of the Joint Chiefs of Staff may, in his role as principal military adviser to the National Security Council and subject to the direction of the President, attend and participate in meetings of the National Secu- rity Council. (f) The President shall establish within the National Security Council a board to be known as the "Board for Low Intensity Con- flict". The principal function of the board shall be to coordinate the policies of the United States for low intensity conflict.3A CENTRAL INTELLIGENCE AGENCY SEC. 102. [50 U.S.C. 403] (a) There is hereby established under the National Security Council a Central Intelligence Agency with a Director of Central Intelligence who shall be the head thereof, and with a Deputy Director of Central Intelligence who shall act for, and exercise the powers of, the Director during his absence or dis- ability. The Director and the Deputy Director shall be appointed by the President, by and with the advice and consent of the Senate, from among the commissioned officers of the armed services, whether in an active or retired status, or from among individuals in civilian life: Provided, however, That at no time shall the two positions of the Director and Deputy Director be occupied simulta- neously by commissioned officers of the armed services, whether in an active or retired status. (b)(1) If a commissioned officer of the armed services is appointed as Director, or Deputy Director, then- (A) in the performance of his duties as Director, or Deputy Director, he shall be subject to no supervision, control, restric- tion, or prohibition (military or otherwise) other than would be operative with respect to him if he were a civilian in no way connected with the Department of the Army, the Department of the Navy, the Department of the Air Force, or the armed services or any component thereof; and (B) he shall not possess or exercise any supervision, control, powers, or functions (other than such as he possesses, or-is au- thorized or directed to exercise, as Director, or Deputy Direc- tor) with respect to the armed services or any component , The Classification Act of 1923 was repealed by the Classification Act of 1949. The Classifica- tion Act of 1949 was repealed by the law enacting title 5, United States Code (Public Law 89- 544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter 51 and subchapter 53 of title 5. Section 7(b) of that Act (80 Stat. 631) provided: "A reference to a law replaced by sec- tions 1-6 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act." P.L. 99-661, ? 1311(f), 100 Stat. 3986, added the same subsection (0 as added by P.L. 99-591, ? 9115(0, 100 Stat. 3341-125. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : 'CIA-RDP9O-OO53OROOO3OO58OOO1-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 NATIONAL SECURITY ACT 7 thereof, the Department of the Army, the Department of the Navy, or the Department of the Air Force, or any branch, bureau, unit, or division thereof, or with respect to any of the personnel (military or civilian) of any of the foregoing. (2) Except as provided in paragraph (1), the appointment to the office of Director, or Deputy Director, of a commissioned officer of the armed services, and his acceptance of and service in such office, shall in no way affect any status, office, rank, or grade he may occupy or hold in the armed services, or any emolument, perqui- site, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade. Any such commissioned officer shall, while serving in the office of Director, or Deputy Director, continue to hold rank and grade not lower than that in which serv- ing at the time of his appointment and to receive the military pay and allowance (active or retired, as the case may be, including per- sonal money allowance) payable to a commissioned officer of his grade and length of service for which the appropriate department shall be reimbursed from any funds available to defray the ex- penses of the Central Intelligence Agency. He also shall be paid by the Central Intelligence Agency from such funds an annual com- pensation at a rate equal to the amount by which the compensa- tion established fkr such position exceeds the amount of his annual military pay and allowances. (3) The rank or grade of any such commissioned officer shall, during the period in which such commissioned officer occupies the office of Director of Central Intelligence, or Deputy Director of Cen- tral Intelligence, be in addition to the numbers and percentages otherwise authorized and appropriated for the armed service of which he is a member. (c) Notwithstanding the provisions of section 6 of the Act of August 24, 1912 (37 Stat. 555),4 or the provisions of any other law, the Director of Central Intelligence may, in his discretion, termi- nate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States, but such termination shall not affect the right of such officer or employee to seek or accept em- ployment in any other department or agency of the Government if declared eligible for such employment by the United States Civil Service Commission.5 (d) For the purpose of coordinating the intelligence activities of the several Government departments and agencies in the interest of national security, it shall be the duty of the Agency, under the direction of the National Security Council- (1) to advise the National Security Council in matters con- cerning such intelligence activities of the Government depart- ments and agencies as relate to national security; (2) to make recommendations to the National Security Coun- cil for the coordination of such intelligence activities of the de- 4 The cited Act of August 24, 1912, was repealed by the law enacting title 5, United States Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378). The provisions of section 6 of that Act were codified as section 7501 of title 5. 5 The functions of the Civil Service Commission were transferred to the Director of the Office of Personnel Management by section 102 of Reorganization Plan No. 2 of 1978 (92 Stat. 3783; 5 U.S.C. 1101 note). ILLEGIB Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 3 NATIONAL SECURITY ACT partments and agencies of the Government as relate to the na- tional security; (3) to correlate and evaluate intelligence relating to the na- tional security, and provide for the appropriate dissemination of such intelligence within the Government using where appro- priate existing agencies and facilities: Provided, That the Agency shall have no police, subpena, law-enforcement powers, or internal-security functions: Provided further, That the de- partments and other agencies of the Government shall contin- ue to collect, evaluate, correlate, and disseminate departmental intelligence: And provided further, That the Director of Cen- tral Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure; (4) to perform, for the benefit of the existing intelligence agencies, such additional services of common concern as the National Security Council determines can be more efficiently accomplished centrally; (5) to perform such other functions and duties related to in- telligence affecting the national security as the National Secu- rity Council may from time to time direct. (e) To the extent recommended by the National Security Council and approved by the President, such intelligence of the depart- ments and agencies of the Government, except as hereinafter pro- vided, relating to the national security shall be open to the inspec- tion of the Director of Central Intelligence, and such intelligence as relates to the national security and is possessed by such depart- ments and other agencies of the Government, except as hereinafter provided, shall be made available to the Director of Central Intelli- gence for correlation, evaluation, and dissemination: Provided how- ever, That upon the written request of the Director of Central Intel- ligence, the Director of the Federal Bureau of Investigation shall make available to the Director of Central Intelligence such infor- mation for correlation, evaluation, and dissemination as may be es- sential to the national security. (0 Effective when the Director first appointed under subsection (a) has taken office- (1) the National Intelligence Authority (11 Fed. Reg. 1337, 1339, February 5, 1946) shall cease to exist; and (2) the personnel, property, and records of the Central Intel- ligence Group are transferred to the Central Intelligence Agency, and such Group shall cease to exist. Any unexpended balances of appropriations, allocations, or other funds available or authorized to be made available for such Group shall be available and shall be authorized to be made available in like manner for expenditure by the Agency. SEC. 102a. [50 U.S.C. 403-1] (1) If a commissioned officer of the Armed Forces is appointed as Director of the Intelligence Commu- nity Staff, such commissioned officer, while serving in such posi- tion- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R00030058000 ~- -0 SECURITY ACT 9 (A) shall not be subject to supervision, control, restriction, or prohibition by the Department of Defense or any component thereof; and (B) shall not exercise, by reason of his status as a commis- sioned officer, any supervision, control, powers, or functions (other than as authorized as Director of the Intelligence Com- munity Staff) with respect to any of the military or civilian personnel thereof. (2) Except as provided in subsection (1), the appointment of a commissioned officer of the Armed Forces to the position of Direc- tor of the Intelligence Community Staff, his acceptance of such ap- pointment and his service in such position shall in no way affect his status, position, rank, or grade in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, position, rank, or grade. Any such commissioned officer, while serving in the position of Director of the Intelligence Community Staff, shall continue to hold a rank and grade not lower than that in which he was serving at the time of his appointment to such position and to receive the military pay and -allowances (including retired or retainer pay) payable to a commissioned officer of his grade and length of service for which the appropriate military department shall be reimbursed from any funds available to defray the expenses of the Intelligence Commu- nity Staff. In addition to any pay or allowance payable under the preceding sentence, such commissioned officer shall be paid by the Intelligence Community Staff, from funds available to defray the expenses of such staff, an annual compensation at a rate equal to the excess of the rate of compensation payable for such position over the annual rate of his military pay (including retired and re- tainer pay) and allowances. (3) Any commissioned officer to which subsection (1) applies, during the period of his service as Director of the Intelligence Com- munity Staff, shall not be counted against the numbers and per- centages of commissioned officers of the rank and grade of such of- ficer authorized for the Armed Force of which he is a member, except that only one commissioned officer of the Armed Forces oc- cupying the position of Director of Central Intelligence or Deputy Director of Central Intelligence as provided for in section 102, or the position of Director of the Intelligence Community Staff, under this section, shall be exempt from such numbers and percentage at any one time. NATIONAL SECURITY RESOURCES BOARD 6 SEC. 103. [50 U.S.C. 404] (a) The Director of the Office of De- fense Mobilization,' subject to the direction of the President, is au- 6 Section 103 deals with emergency preparedness. Section 50 of the Act of September 3, 1954 (68 Stat. 1244), eliminated former subsection (a), relating to the establishment of the National Security Resources Board, and redesignated former subsections (b)-(d) as subsections (a)-(c). The section heading was not amended accordingly. 7 The functions of the Director of the Office of Defense Mobilization under this section which previously were transferred to the President, were delegated to the Director of the Federal Emergency Management Agency by section 4-102 of Executive Order No. 12148 (July 20, 1979, 44 F.R. 43239, 50 U.S.C. App. 2251 note). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : "CIA-RDP90-00530 R000300580001 -0 10 NATIONAL SECURITY ACT thorized, subject to the civil-service laws and the Classification Act of 1949,8 to appoint and fix the compensation of such personnel as may be necessary to assist the Director in carrying out his func- tions. (b) It shall be the function of the Director of the Office of Defense Mobilization to advise the President concerning the coordination of military, industrial, and civilian mobilization, including- (1) policies concerning industrial and civilian mobilization in order to assure the most effective mobilization and maximum utilization of the Nation's manpower in the event of war. (2) programs for the effective use in time of war of the Na- tion's natural and industrial resources for military and civilian needs, for the maintenance and stabilization of the civilian economy in time of war, and for the adjustment of such econo- my to war needs and conditions; (3) policies for unifying, in time of war, the activities of Fed- eral agencies and departments engaged in or concerned with production, procurement, distribution, or transportation of military or civilian supplies, materials, and products; (4) the relationship between potential supplies of, and poten- tial requirements for, manpower, resources, and productive fa- cilities in time of war; (5) policies for establishing adequate reserves of strategic and critical material, and for the conservation of these reserves; (6) the strategic relocation of industries, services, govern- ment, and economic activities, the continuous operation of which is essential to the Nation's security. (c) In performing his functions, the Director of the Office of De- fense Mobilization shall utilize to the maximum extent the facili- ties and resources of the departments and agencies of the Govern- ment. SEC. 104. [50 U.S.C. 404a] (a)(1) The President shall transmit to Congress each year a comprehensive report on the national securi- ty strategy of the United States (hereinafter in this section referred to as a "national security strategy report"). (2) The national security strategy report for any year shall be transmitted on the date on which the President submits to Con- gress the budget for the next fiscal year under section 1105 of title 31, United States Code. (b) Each national security strategy report shall set forth the na- tional security strategy of the United States and shall include a comprehensive description and discussion of the following: (1) The worldwide interests, goals, and objectives of the United States that are vital to the national security of the United States. (2) The foreign policy, worldwide commitments, and national defense capabilities of the United States necessary to deter ag- 8 The Classification Act of 1949 was repealed by the law enacting title 5, United States Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter 51 and subchapter 53 of that title. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : 'CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 111nINVIlML SECURITY ACT 11 gression and to implement the national security strategy of the United States. (3) The proposed short-term and long-term -uses of the politi- cal, economic, military, and other elements of the national power of the United States to protect or promote the interests and achieve the goals and objectives referred to in paragraph (1). (4) The adequacy of the capabilities of the United States to carry out the national security strategy of the United States, including an evaluation of the balance among the capabilities of all elements of the national power of the United States to support the implementation of the national security strategy. (5) Such other information as may be necessary to help inform Congress on matters relating to the national security strategy of the United States. (c) Each national security strategy report shall be transmitted in both a classified and an unclassified form. TITLE II-THE DEPARTMENT OF DEFENSE SEC. 201. [Subsections (a) and (b) were repealed by section 307 of Public Law 87-651 (Act of September 7, 1962, 76 Stat. 526). Subsec- tion (c) consisted of an amendment to another Act.] (d) [50 U.S.C. 408] Except to the extent inconsistent with the provisions of this Act, the provisions of title IV of the Revised Stat- utes 9 as now of hereafter amended shall be applicable to the De- partment of Defense. [Sections 202-204 were repealed by section 307 of Public Law 87- 651 (Act of September 7, 1962, 76 Stat. 526).] DEPARTMENT OF THE ARMY SEC. 205. [Subsections (a), (d), and (e) were repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A Stat. 676)]. (b) All laws, orders, regulations, and other actions relating to the Department of War or to any officer or activity whose title is changed under this section shall, insofar as they are not inconsist- ent with the provisions of this Act, be deemed to relate to the De- partment of the Army within the Department of Defense or to such officer or activity designated by his or its new title. (c) [50 U.S.C. 409(a)] the term "Department of the Army" as used in this Act shall be construed to mean the Department of the Army at the seat of government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Army. 9 Title IV of the Revised Statutes consisted of sections 158-198 of the :Revised Statutes. Sec- tions 176 and 193 are codified as sections 492-1 and 492-2 of title 31, United States Code. The remainder of those sections have been repealed or replaced by provisions of title 5, United States Code, as enacted. See the "Tables" volume of the United States Code for the distribution of specific sections. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 12 NATIONAL SECURITY ACT SEC. 206. (a) [50 U.S.C. 409(b)] The term "Department of the Navy" as used in this. Act shall be construed to mean the Depart- ment of the Navy at the seat of government; the headquarters, United States Marine Corps; the entire operating forces of the United States Navy, including naval aviation, and of the United States Marine Corps, including the reserve components of such forces; all field activities, headquarters, forces, bases, installations, activities and functions under the control or supervision of the De- partment of the Navy; and the United States Coast Guard when operating as a part of the Navy pursuant to law. [Subsections (b) and (c) were repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A Stat. 676)]. SEC. 207. [Subsections (a), (b), (d), (e), and (f) were repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A stat. 676)]. (c) [50 U.S.C. 409(c)] The term "Department of.the Air Force" as used in this Act shall be construed to mean the Department of the Air Force at the seat of government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Air Force. [Section 208 (less subsection (c)) was repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A Stat. 676). Section 208(c) was repealed by the law enacting title 5, United States Code (Public Law 89-544, September 6, 1966, 80 Stat. 654).] [Sections 209-214 were repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A Stat. 676).] TITLE III-MISCELLANEOUS [Section 301 was repealed by the law enacting title 5, United States Code (Public Law 89-544, September 6, 1966, 80 Stat. 654).] [Section 302 was repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A Stat. 676).] ADVISORY COMMITTEES AND PERSONNEL SEC. 303. [50 U.S.C. 405] (a) The Director of the Office of De- fense Mobilization, the Director of Central Intelligence, and the National Security Council, acting through its Executive Secretary, are authorized to appoint such advisory committees and to employ, consistent with other provisions of this Act, such part-time adviso- ry personnel as they may deem necessary in carrying out their re- spective functions and the functions of agencies under their con- trol. Persons holding other offices or positions under the United States for which they receive compensation, while serving as mem- bers of such committees, shall receive no additional compensation for such service. Other members of such committees and other part-time advisory personnel so employed may serve without com- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 MAIMMAL SECURITY ACT 13 pensation or may receive compensation at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS-18 of the General Schedule established by section 5332 of title 5, United States Code, as determined by the appointing authority. (b) Service of an individual as a member of any such advisory committee, or in any other part-time capacity for a department or agency hereunder, shall not be considered as service bringing such individual within the provisions of section 203, 205, or 207, of title 18, United States Code, unless the act of such individual, which by such section is made unlawful when performed by an individual re- ferred to in such section, is with respect to any particular matter which directly involves a department or agency which such person is advising or in which such department or agency is directly inter- ested. [Sections 304-306 were repealed by the law enacting title 5, United States Code (Public Law 89-544, September 6, 1966, 80 Stat. 654).] AUTHORIZATION FOR APPROPRIATIONS SEC. 307. [50 U.S.C. 411] There are hereby authorized to be ap- propriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this Act. DEFINITIONS SEC. 308. [50 U.S.C. 410] (a)10 As used in this Act, the term "function" includes functions, powers, and duties. (b) As used in this Act, the term, "Department of Defense" shall be deemed to include the military departments of the Army, the Navy, and the Air Force, and all agencies created under title II of this Act. SEPARABILITY SEC. 309. [50 U.S.C. 401 note] If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be af- fected thereby. SEC. 310. [50 U.S.C. 401 note] (a) The first sentence of section 202 (a) and sections 1, 2, 307, 308, 309, and 310 shall take effect im- mediately upon the enactment of this Act. (b) Except as provided in subsection (a), the provisions of this Act shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after the date of the en- actment of this Act. '0 Section 307 of Public Law 87-651 (Act of September 7, 1962, 76 Stat. 526) repealed section 308(a) less its applicability to sections 2, 101-103, and 303. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 14 NATIONAL SECURITY ACT SUCCESSION TO THE PRESIDENCY SEC. 311. [Section 311 consisted of an amendment to the Act en- titled "An Act to provide for the performance of the duties of the office of President in case of the. removal, resignation, death, or in- ability both of the President and Vice President".] [Title IV less.section 411 was repealed by section 307 of Public Law 87-651 (Act of September 7, 1962, 76 Stat. 526).] SEC. 411. [50 U.S.C. 412] All laws, orders, and regulations incon- sistent with the provisions of this title are repealed insofar as they are inconsistent with the powers, duties, and responsibilities en- acted hereby: Provided, That the powers, duties, and responsibil- ities of the Secretary of Defense under this title shall be adminis- tered in conformance with, the policy and requirements for admin- istration of budgetary and fiscal matters in the Government gener- ally, including accounting and financial reporting, and that noth- ing in this title shall be construed as eliminating or modifying the powers, duties, and responsibilities of any other department, agency, or officer of the Government in connection with such mat- ters, but no such department, agency, or officer shall exercise any such powers, duties, or responsibilities in a manner that will render ineffective the provisions of this title. TITLE V-ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES 11 SEC. 501. [50 U.S.C. 413] (a) To the extent consistent with all applicable authorities and duties, including those conferred by the Constitution upon the executive and legislative branches of the Government, and to the extent consistent with due regard for the protection from unauthorized disclosure of classified information and information relating to intelligence sources and methods, the Director of Central Intelligence and the heads of all departments, agencies, and other entities of the United States involved in intelli- gence activities shall- (1) keep the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives (hereinafter in this section referred to as the "intelligence committees") fully and currently in- formed of all intelligence activities which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States, including any significant anticipated intelligence activity, except that (A) the foregoing provision shall not require approval of the intelli- gence committees as a condition precedent to the initiation of any such anticipated intelligence activity, and (B) if the Presi- i i This title is also set out post at page 257 along with other materials relating to congressional oversight of intelligence activities. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 SECURITY ACT 15 dent determines it is essential to limit prior notice to meet ex- traordinary circumstances affecting vital interests of the United States, such notice shall be limited to the chairman and ranking minority members of the intelligence committees, the Speaker and minority leader of the House of Representa- tives, and the majority and minority leaders of the Senate; (2) furnish any information or material concerning intelli- gence activities which is in the possession, custody, or control of any department, agency, or entity of the United States and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities; and (3) report in a timely fashion to the intelligence committees any illegal intelligence activity or significant intelligence fail- ure and any corrective action that has been taken or is planned to be taken in connection with such illegal activity or failure. (b) The President shall fully inform the intelligence committees in a timely fashion of in operations in foreign countries, other than activities intended solely for obtaining necessary intelli- gence, for which prior notice was not given under subsection (a) and shall provide a statement of the reasons for not giving prior notice. (c) The President and the intelligence committees shall each es- tablish such procedures as may be necessary to carry out the provi- sions of subsections (a) and (b). (d) the 12 House of Representatives and the Senate, in consulta- tion with the Director of Central Intelligence, shall each establish, by rule or resolution of such House, procedures to protect from un- authorized disclosure all classified information and all information relating to intelligence sources and methods furnished to the intel- ligence committees or to Members of the Congress under this sec- tion. In accordance with such procedures, each of the intelligence committees shall promptly call to the attention of its respective House, or to any appropriate committee or committees of its re- spective' House, any matter relating to intelligence activities re- quiring the attention of such House or such committee or commit- tees. (e) Nothing in this Act shall be construed as authority to with- hold information from the intelligence committees on the grounds that providing the information to the intelligence committees would constitute the unauthorized disclosure of classified informa- tion or information relating to intelligence sources and methods. FUNDING OF INTELLIGENCE ACTIVITIES SEC. 502. [50 U.S.C. 414] (a) Appropriated funds available to an intelligence agency may be obligated or expended for an intelli- gence or intelligence-related activity only if- (1) those funds were specifically authorized by the Congress for use for such activities; or (2) in the case of funds from the Reserve for Contingencies of the Central Intelligence Agency and consistent with the provi- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 16 NATIONAL SECURITY ACT sions of section 501 of this. Act concerning any significant an- ticipated intelligence activity, the Director of Central Intelli- gence has notified. the appropriate congressional committees of the intent to make such funds available for such activity; or (3) in the case of funds specifically authorized by the Con- gress for a different activity- (A) the activity to be. funded is a higher priority intelli- gence or intelligence-related activity; (B) the need for funds for such activity is based on unfor- seen requirements; and (C) the Director of Central Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, has noti- fied the appropriate congressional committees of the intent to make such funds available for such activity; (4) nothing in this subsection prohibits obligation or expendi- ture of funds available to an intelligence agency in accordance with sections 1535 and 1536 of title 31, United States Code. (b) Funds available to an intelligence agency may not be made available for any intelligence or intelligence-related activity for which funds were denied by the Congress. (c) As used in this section- (1) the term "intelligence agency" means any department, agency, or, other entity of the United States involved in intelli- gence or intelligence-related activities; (2) the term "appropriate congressional committees" means the Permanent Select Committee on Intelligence and the Com- mittee on Appropriations of the House of Representatives and .the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and (3) the term "specifically authorized by the Congress" means that- (A) the activity. and the amount of funds proposed to be used for that activity were identified in a formal budget request to the Congress, but funds shall be deemed to be specifically authorized for that activity only to the extent that the Congress both authorized the funds to be appro- priated for that activity and appropriated the funds for that activity; or (B) although the funds were not formally requested, the Congress both specifically authorized the appropriation of the funds for the activity and appropriated the funds for the activity. NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES SEC. 503., [50 U.S.C. 415] (a)(1) The transfer of a defense article or defense service exceeding $1,000,000 in value by an intelligence agency to a recipient outside that agency shall be considered a sig- nificant anticipated intelligence activity for the purpose of section 501 of this Act. (2) Paragraph (1) does not apply if- (A) the transfer is being made to a department, agency, or other entity of the United States (so long as there will not be a Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 , 1.n11V1.?L SECURITY ACT 17 subsequent retransfer of the defense articles or defense serv- ices outside the United States Government in conjunction with an intelligence or intelligence-related activity); or (B) the transfer- (i) is being made pursuant to authorities contained in part II of the Foreign Assistance Act of 1961, the Arms Export Control Act, title 10 of the United States Code (in- cluding a law enacted pursuant to section 7307(b)(1) of that title), or the Federal Property and Administrative Services Act of 1949, and (ii) is not being made in conjunction with an intelligence or intelligence-related activity. (3) An intelligence agency may not transfer any defense articles or defense services outside the agency in conjunction with any in- telligence or intelligence-related activity for which funds were denied by the Congress. (b) As used in this section- (1) the term "intelligence agency" means any department, agency, or other entity of the United States involved in intelli- gence or intelligence-related activities; (2) the terms "defense articles" and "defense services" mean the items on the United States Munitions List pursuant to sec- tion 38 of the Arms Export Control Act (22 CFR part 121); (3) the term "transfer" means- (A) in the case of defense articles, the transfer of posses- sion of those articles; and (B) in the case of defense services, the provision of those services; and (4) the term "value" means- (A) in the case of defense articles, the greater of- (i) the original acquisition cost to the United States Government, plus the cost of improvements or other modifications made by or on behalf of the Govern- ment; or (ii) the replacement cost; and (B) in the case of defense services, the full cost to the Government of providing the services. TITLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION 13 PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDERCOVER INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES SEC. 601. [50 U.S.C. 421] (a) Whoever, having or having had au- thorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to 's Title VI was added by the Intelligence Identities Protection Act of 1982 (Public Law 97- 200). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RD P90-00530 R000300580001-0 SECURITY ACT the United States, shall be fined not more than $50,000 or impris- oned not more than ten years, or both. (b) Whoever, as a result of having authorized access to classified information, learns the identity of a covert agent and intentionally discloses any information identifying such covert agent to any indi- vidual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined not more than $25,000 or imprisoned not more than five years, or both. (c) Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence ac- tivities of the United States, discloses any information that identi- fies an individual as a covert agent to any individual not author- ized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual's classified intelligence relationship to the United States, shall be fined not more than $15,000 or. imprisoned not more than three years, or both. .SEC. 602. [50 U.S.C. 422] (a) It is a defense to a prosecution under section 601 that before the commission of the offense with which the defendant is charged, the United States had publicly ac- knowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence rela- tionship to the United States is the basis for the prosecution. (b)(1) Subject to paragraph (2), no person other than a person committing an offense under section 601 shall be subject to pros- ecution under such section by virtue of section 2 or 4 of title 18, United States Code, or shall be subject to prosecution for conspira- cy to commit an offense under such section. (2) Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such ac- tivities would impair or impede the foreign intelligence activities of the United States, or (B) in the case of a person who has authorized access to classified information. (c) It shall not be an offense under section 601 to transmit infor- mation described in such section directly to the Select Committee on Intelligence of the Senate or to the Permanent Select Commit- tee on Intelligence of the House of Representatives. (d) It shall not be an offense under section 601 for an individual to disclose information that solely identifies himself as a covert agent. SEC. 603. [50 U.S.C. 423] (a) The President, after receiving infor- mation from the Director of Central Intelligence, shall submit to the Select Committee on Intelligence of the Senate and the Perma- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ICIA-RDP90-00530R000300580001-0 nent Select Committee on Intelligence of the House of Representa- tives an annual report on measures to protect the identities of covert agents, and on any other matter relevant to the protection of the identities of covert agents. (b) The report described in subsection (a) shall be exempt from any requirement for publication or disclosure. The first such report shall be submitted no later than February 1, 1983. SEC. 604. [50 U.S.C. 424] There is jurisdiction over an offense under section 601 committed outside the United States if the indi- vidual committing the offense is a citizen of the United States or an alien lawfully admitted to the United States for permanent resi- dence (as defined in section 101(a)(20) of the Immigration and Na- tionality Act). SEC. 605. [50 U.S.C. 425] Nothing in this title may be construed as authority to withhold information from the Congress or from a committee of either House of Congress. SEC. 606. [50 U.S.C. 426] For the purposes of this title: (1) The term "classified information" means information or material designated and clearly marked or clearly represented, pursuant to the provisions of a statute or Executive order (or a regulation or order issued pursuant to a statute or Executive order), as requiring a specific degree of protection against un- authorized disclosure for reasons of national security. (2) The term "authorized", when used with respect to access to classified information, means having authority, right, or per- mission pursuant to the provisions of a statute, Executive order, directive of the head of any department or agency en- gaged in foreign intelligence or counterintelligence activities, order of any United States court, or provisions of any Rule of the House of Representatives or resolution of the Senate which assigns responsibility within the respective House of Congress for the oversight of intelligence activities. (3) The term "disclose" means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available. (4) The term "covert agent" means- (A) an officer or employee of an intelligence agency or a member of the Armed Forces assigned to duty with an in- telligence agency- (i) whose identity as such an officer, employee, or member is classified information, and (ii) who is serving outside the United States or has within the last five years served outside the United States; or (B) a United States citizen whose intelligence relation- ship to the United States is classified information, and- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 LV IYA I WIYHL SECURITY ACT (i) who resides and acts outside the United States as an .agent of, or informant or source of operational as- sistance to, an intelligence agency, or (ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelli- gence or foreign counterterrorism components of the Federal Bureau of Investigation; or (C) an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former inform- ant or source of operational assistance to, an intelligence agency. (5) The term "intelligence agency" means the Central Intelli- gence Agency, a foreign intelligence component of the Depart- ment of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investi- gation. (6) The term "informant" means any individual who fur- nishes information to an intelligence agency in the course of a confidential relationship protecting the identity of such indi- vidual from public disclosure. (7) The terms "officer" and "employee" have the meanings given such terms by section 2104 and 2105, respectively, of title 5, United States Code. (8) The term "Armed Forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (9) The term "United States", when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands. (10) The term "pattern of activities" requires a series of acts with a common purpose or objective. TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE CENTRAL" INTELLIGENCE AGENCY EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH,' REVIEW, PUBLICATION, OR DISCLOSURE SEC. 701. [50 U.S.C. 431] (a) Operational files of the Central In- telligence Agency may be exempted by the Director of Central In- telligence from the provisions of section 552 of title 5, United States Code (Freedom of Information Act), which require publica- tion or disclosure, or search or review in connection therewith. (b) For the purposes of this title the term "operational files" means- (1) files of the Directorate of Operations which document the conduct of foreign intelligence or counterintelligence oper- ations or intelligence or security liaison arrangements or infor- mation exchanges with foreign governments or their intelli- gence or security services; (2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counter- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R00030058000 ~ 0 M SECURITY ACT 21 intelligence is collected through scientific and. technical sys- tems; and (3) files of the Office of Security which document investiga- tions conducted to determine the suitability of potential for- eign intelligence or. counterintelligence sources; except that files which are the sole repository of disseminated in- telligence are not operational files. (c) Notwithstanding subsection (a) of this section, exempted oper- ational files shall continue to be subject to search and review for information concerning- (1) United States citizens or aliens lawfully admitted for per- manent residence who have requested information on them- selves pursuant to the provisions of section 552 of title 5, United States Code (Freedom of Information Act), or section 552a of title 5, United States Code (Privacy Act of 1974); (2) any special activity the existence of which is not ,exempt from disclosure under the provisions of section 552 of title 5, United States Code (Freedom of Information Act); or (3) the specific subject matter of an investigation by the in- telligence committees of the Congress, the Intelligence Over- sight Board, the Department of Justice, the Office of General Counsel of the Central Intelligence Agency, the Office of In- spector General of the Central Intelligence Agency; or the Office of the Director of Central Intelligence for any impropri- ety, or violation of law, Executive order, or Presidential direc- tive, in the conduct of an intelligence activity. (d)(1) Files that are not exempted under subsection (a) of this sec- tion which contain information derived or. disseminated from ex- empted operational files shall be subject to search and review. (2)- The inclusion of information from exempted operational files in files that are not exempted. under subsection (a) of this section shall not affect the exemption under subsection (a) of this section of the originating operational files from search, review, publication, or disclosure. (3) Records from exempted operational files which have been dis- seminated to and referenced in files that are not exempted under subsection (a) of this section and which have been returned to ex- empted operational files , for sole retention- shall be subject to search and review. (e) The provisions of subsection (a) of,this section shall not be su- perseded except by a. provision of law which is enacted after the date' of enactment of subsection (a), and which specifically cites and repeals or modifies its provisions. (f) Whenever any person who has requested .agency records under section 552 of title 5, United States Code (Freedom of Information Act), alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title -5, United States Code, except that- (1) in any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign relations Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ZZ NATIONAL SECURITY ACT which 14 is. filed with, or produced for,. the court by the Central Intelligence Agency, such information shall be examined ex parte, in camera by the court; .(2) the court shall, to the fullest extent practicable, deter- mine issues of fact based on sworn written submissions of the parties; (3) when a complainant alleges that requested records are improperly withheld because of improper placement solely in exempted operational files; the complainant shall support such allegation with a sworn written submission, based upon per- sonal knowledge or otherwise admissible evidence; (4)(A) when a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the Central Intelligence Agency shall meet its burden under section 552(a)(4)(B) of title 5, United States Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsive records currently perform the functions set forth in subsection (b) of this section; and (B) the court may not order the Central Intelligence Agency to review the content of any exempted operational file or files in order to make the demonstration required under subpara- graph (A) of this paragraph, unless the complainant disputes the Central Intelligence Agency's showing with a sworn writ- ten submission based on personal knowledge or otherwise ad- missible evidence; (5) in proceedings under paragraphs (3) and (4) of this subsec- tion, the parties shall not obtain discovery pursuant to rules 26 through. 36 of the Federal Rules of Civil Procedure, except that requests for admission may be made pursuant to rules 26 and 36; (6) if the court finds under this subsection that the Central Intelligence. Agency has improperly withheld requested records because of failure to comply with any provision of this section, the court shall order the Central Intelligence Agency to search and review the appropriate exempted operational file or files .for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, United States Code (Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with this section; and (7) if at any time following the filing of a complaint pursuant to this subsection the Central Intelligence Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint. DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES SEC. 702. [50 U.S.C. 432] (a) Not less than once every ten years, the Director of Central Intelligence shall review the exemptions in force under subsection (a) of section 701 of this Act to determine Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 JECURITY ACT 23 whether such exemptions may be removed from any category of ex- empted files or any portion thereof. (b) The review required by subsection (a) of this section shall in- clude consideration of the historical -value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein. (c) A complainant who alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with this section may seek judicial review in the district court of the United States of the district in which any of the par- ties reside, or in the District of Columbia. In such a proceeding, the court's review shall be limited to determining (1) whether the Cen- tral Intelligence Agency has conducted the review required by sub- section (a) of this section within ten years of enactment of this title or within ten years after the last review, and (2) whether the Cen- tral Intelligence Agency, in fact, considered the criteria set forth in subsection (b) of this section in conducting the required review. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 CENTRAL INTELLIGENCE AGENCY ACT OF 1949 ACT OF JUNE 20, 1949 AN ACT To provide for the administration of the Central Intelligence Agency, es- tablished pursuant to section 102, National Security Act of 1947, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, DEFINITIONS SECTION 1. [50 U.S.C. 403a] That when used in this Act, the term- (a) "Agency" means the Central Intelligence Agency; (b) "Director" means the Director of Central Intelligence; (c) "Government agency" means any executive department, com- mission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government. SEAL OF OFFICE SEC. 2. [50 U.S.C. 403b] The Director of Central Intelligence shall cause a seal of office to be made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof. PROCUREMENT AUTHORITIES SEC. 3. [50 U.S.C. 403c] (a) In the performance of its functions the Central Intelligence Agency is authorized to exercise the au- thorities contained in sections 2(c) (1), (2), (3), (4), (5), (6), (10), (12), (15), (17), and sections 3, 4, 5, 6, and 10 of the Armed Services Pro- curement Act of 19471 (Public Law 413, Eightieth Congress, second session). (b) In the exercise of the authorities granted in subsection (a) of this section, the term "Agency head" shall mean the Director, the Deputy Director, or the Executive of the Agency. (c) The determinations and decisions provided in subsection (a) of this section to be made by the Agency head may be made with re- spect to individual purchases and contracts or with respect to class- ' The Armed Services Procurement Act of 1947 was repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A Stat. 1). The cited sections were replaced by sections 2304(a) (1)-(6), (10), (12), (15), and (17), 2305 (a)-(c). 2306, 2307, 2308, 2309, 2312, and 2313 .of title 10. Section 49(b) of that. Act provided: "References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of [the sections enacting titles 10 and 32]." Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 ACT OF 1949 es of purchases or contracts, and shall be final. Except as provided in subsection (d) of this section, the Agency head is authorized to delegate his powers provided in this section, including the making of such determinations and decisions, in his discretion and subject to his direction, to any other officer or officers or officials of the Agency. (d) The power of the Agency head to make the determinations or decisions specified in paragraphs (12) and (15) of section 2(c) and section 5(a) of the Armed Services Procurement Act of 1947 2 shall not be delegable. Each determination or decision required by para- graphs (12) and (15) of section 2(c), by section 4 or by section 5(a) of the Armed Services Procurement Act of 1947, 3 shall be based upon written findings made by the official making such determinations, which findings shall be final and shall be available within the Agency for a period of at least six years following the date of the determination. (e) Notwithstanding subsection (e) of section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(e)), the provisions of section 111 of such Act relating to the procure- ment of automatic data processing equipment or services shall not apply with respect to such procurement by the Central Intelligence Agency.3a [Original section 4 (50 U.S.C. 403d) was repealed by section 21(b)(2) of Public Law 85-507 (72 Stat. 337, July 7, 1958).] TRAVEL, ALLOWANCES, AND RELATED EXPENSES SEC. 4. [50 U.S.C. 403e] (a) Under such regulations as the Direc- tor may prescribe, the Agency, with respect to its officers and em- ployees assigned to duty stations outside the several States of the United States of America, excluding Alaska and Hawaii, but in- cluding the District of Columbia, shall- (1)(A) pay the travel expenses of officers and employees of the Agency, including expenses incurred while traveling pursu- ant to authorized home leave; (B) pay the travel expenses of members of the family of an officer or employee of the Agency when proceeding to or re- turning from his post ' of duty; accompanying him on author- ized home leave; or otherwise traveling in accordance with au- thority granted pursuant to the terms of this or any other Act; (C) pay the cost of transporting the furniture and household and personal effects of an officer or employee of the Agency to his successive posts of duty and, on the termination of his serv- ices, to his residence at time of appointment or to a point not more distant, or, upon retirement, to the place where he will reside; (D) pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and 2 See footnote 1. The cited provisions were replaced by paragraphs (12) and (15) of section 2304(a) and section 2307(a) of title 10. 3 See footnote 1. The cited provisions were replaced by paragraphs (12) and (15) of section 2304(a), section 2306 and 2313, and section 2307(a) of title 10. 38 Public Law 97-269 provided that subsection (e) of section 3 of the Central Intelligence Agency Act of 1949 does not apply to a contract made before September 27, 1982. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 AGENCY ACT OF 1949 27 household and personal effects of an officer or employee of the Agency, when he is absent from his post of assignment under orders, or when he is assigned to a post to which he cannot take or at which he is unable to use such furniture and house- hold and personal effects, or when it is in the public interest or more economical to authorize storage; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maxi- mum limitations fixed by regulations, when not otherwise fixed by law; (E) pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Agency in connection with assignment or transfer to a new post, from the date of his departure from his last post or from the date of his departure from his place of residence in the case of a new officer or employee and for not to exceed three months after arrival at the new post, or until the establish- ment of residence quarters, whichever shall be shorter; and in connection with separation of an officer or employee of the Agency, the cost of packing -and unpacking, transporting to and from a place of storage, and storing for a period not to exceed three months, his furniture and household and personal effects; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maximum limitations fixed by regula- tions, when not otherwise fixed by law. (F) pay the travel expenses and transportation costs incident to the removal of the members of the family of an -officer or employee of the Agency and his furniture and household and personal effects, including automobiles, from a post at which, because of the prevalence of disturbed conditions, there is im- minent danger to life and property, and the return of such per- sons, furniture, and effects to such post upon the cessation of such conditions; or to such other post as may in the meantime have become the post to which such officer or employee has been assigned. (2) Charge expenses in connection with travel of personnel, their dependents, and transportation of their household goods and personal effects, involving a change of permanent station, to the appropriation for the fiscal year current when any part of either the travel or transportation pertaining to the transfer begins pursuant to previously issued travel and transfer orders, notwithstanding the fact that such travel or transporta- tion may not all be effected during such fiscal year, or the travel and transfer orders may have been issued during the prior fiscal year. (3)(A) Order to any of the several States of the United States of America (including the District of Columbia, the Common- wealth of Puerto Rico, and any territory or possession of the United States) on leave of absence each officer or employee of the Agency who was a resident of the United States (as de- scribed above) at time of employment, upon completion of two Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 Z5 ni tnt,r ACT OF 1949 years' continuous service abroad, or as soon as possible thereaf- ter. (B) While in the United States (as described in paragraph (3)(A) of this section) on leave, the service of any officer or em- ployee shall be available for work or duties in the Agency or elsewhere as the Director may prescribe; and the time of such work or duty shall not be counted as leave. (C) Where an officer or employee on leave returns to the United States (asdescribed in paragraph (3)(A) of this section), leave of absence granted shall be exclusive of the time actually and necessarily occupied in going to and from the United States (as so described) and such time as may be necessarily oc- cupied in awaiting transportation. (4) Notwithstanding the provisions, of any other law, trans- port for or on behalf of an officer or employee of the Agency, a privately owned motor vehicle in any casein which it shall be determined that water, rail, or air transportation of the motor vehicle is necessary or expedient for all or any part of the dis- tance between points of origin and destination, and pay the costs of such transportation. Not more than one motor vehicle of any officer or employee. of the Agency may be transported under authority of this paragraph during any four-year period, except that, as replacement for such motor vehicle, one addi- tional motor vehicle of any such officer or employee may be so transported during such period upon approval, in advance, by the Director and upon a determination, in advance, by the Di- rector that such replacement is necessary for reasons beyond the control of the officer or employee and is in the interest of the Government. After the expiration of a period of four years following the date of transportation under authority of this paragraph of a privately owned motor vehicle of any officer or employee who has remained in continuous service outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, during such period, the transportation of a replacement for such motor vehicle for such officer or employee may be author- ized by the Director in accordance with this paragraph. (5) (A) In the event of illness or injury requiring the hospital- ization of an officer or full time employee of the Agency, not the result of vicious habits, intemperance, or misconduct on his part, incurred while on assignment abroad, in a locality where there does not exist a suitable hospital or clinic, pay the travel expenses of such officer or employee by whatever means he shall deem appropriate and without regard to the Standardized Government Travel Regulations and section 10 of the Act of March 3, 1933 4 (47 Stat. 1516; 5 U.S.C. 73b), to the nearest lo- cality where a suitable hospital or clinic exists and on his re- covery pay for the travel expenses of his return to his post of ' The cited Act of March 3, 1933, was repealed by the law enacting title 5, United States Code (Public Law 89-544, Sept. 6, 1966. 80 Stat. 378). Section 10 of that Act was codified as section 5731(a) of title 5. Section 7(b) of Public Law 89-544 (80 Stat. 631) provided: "A reference to a law replaced by sections 1-6 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act." Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 nur-n~I n CT OF 1949 29 duty. If the officer or employee is too ill to travel unattended, the Director may also pay the travel expenses of an attendant; (B) Establish a first-aid station and provide for the services of a nurse at a post at which, in his opinion, sufficient person- nel is employed to warrant such a station: Provided, That, in his opinion, it is not feasible to utilize an existing facility; (C) In the event of illness or injury requiring hospitalization of an officer or full time employee of the Agency, not the result of vicious habits, intemperance, or misconduct on his part, incurred in the line of duty while such person is assigned abroad, pay for the cost of the treatment of such illnesss or injury at a suitable hospital or clinic; (D) Provide for the periodic physical examination of officers and employees of the Agency and for the cost of administering inoculations or vaccinations to such officers or employees. (6) Pay the costs of preparing and transporting the remains of an officer or employee of the Agency or a member of his family who may die while in travel status or abroad, to his home or official station, or to such other place as the Director may determine to be the appropriate place of interment, pro- vided that in no case shall the expense payable be greater than the amount which would have been payable had the destina- tion been the home or official station. (7) Pay the costs of travel of new appointees and their de- pendents, and the transportation of their household goods and personal effects, from places of actual residence in foreign countries at time of appointment to places of employment and return to their actual residences at the time of appointment or a point not more distant: Provided, That such appointees agree in writing to remain with the United States Government for a period of not less than twelve months from the time of ap- pointment. Violation of such agreement for personal convenience of an employee or because of separation for misconduct will bar such return payments and, if determined by the Director or his des- ignee to be in the best interests of the United States, any money expended by the United States on account of such travel and transportation shall be considered as a debt due by the individual concerned to the United States. - (b)(1) The Director may pay to officers and employees of. the Agency, and to persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces, al- lowances and benefits comparable to the allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law. (2) The Director may pay allowances and benefits related to offi- cially authorized travel, personnel and physical security activities, operational activities, and cover-related activities (whether or not such allowances and benefits are otherwise authorized under this section or any other provision of law) when' payment of such allow- ances and benefits is necessary to meet the special requirements of work related to such activities. Payment of allowances and benefits Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : iCIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 CT OF 1949 under this paragraph shall be in accordance with regulations pre- scribed by the Director. Rates for allowances and benefits under this paragraph may not be set at rates in excess of those author- ized by section 5724 and 5724a of title 5, United States Code, when reimbursement is provided for relocation attributable, in whole or in part, to relocation within the United States. (3) Notwithstanding any other provision of this section or any other provision of law relating to the officially authorized travel of Government employees, the Director, in order to reflect Agency re- quirements not taken into account in the formulation of Govern- ment-wide travel procedures, may by regulation- (A) authorize the travel of officers and employees of the Agency, and of persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces who are engaged in the performance of intelligence functions, and (B) provide for payment for such travel, in classes of cases, as determined by the Director, in which such travel is important to the performance of intelligence functions. (4) Members of the Armed Forces may not receive benefits under both this section and title 37, United States Code, for the same pur- pose. The Director and Secretary of Defense shall prescribe joint regulations to carry out the preceding sentence. (5) Regulations issued pursuant to this subsection shall be sub- mitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. SEC. 5. [50 U.S.C. 403f] In the performance of its functions, the Central Intelligence Agency is authorized to- (a) Transfer to and receive from other Government agencies such sums as may be approved by the Bureau of the Budget, for the per- formance of any of the. functions or activities authorized under sec- tions 102 and 303 of the. National Security Act of 1947 (Public Law 253, Eightieth Congress, and any other. Government agency is au- thorized to transfer to or receive from the Agency such sums with- out regard to any provisions of law limiting or prohibiting trans- fers between appropriations. Sums transferred to the Agency in ac- cordance with this paragraph may be expended for the purposes and under the authority of this Act without regard to limitations of appropriations from which transferred; (b) Exchange funds without regard- to section 3651 Revised Stat- utes (31 U.S.C. 543); (c) Reimburse other Government agencies for services of person- nel assigned to the Agency, and such other Government agencies are hereby authorized, without regard to provisions of law to the contrary, so to assign or detail any officer or employee for duty with the Agency; (d) Authorize personnel designated by, the Director to carry fire- arms to the extent necessary for the performance of the Agency's authorized functions, except that, within the United States, such authority shall be limited to the purposes of protection of classified Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 -0 T OF 1949 31 materials and information, the training of Agency personnel and other authorized persons in the use of firearms, the protection of Agency installations and property, and the protection of Agency personnel and of defectors, their families, and other persons in the United States under Agency auspices; (e) Make alterations, improvements, and repairs on premises rented by the Agency, and pay rent therefor without regard to lim- itations on expenditures contained in the Act of June 30, 1932, as amended: 5 Provided, That in each case the Director shall certify that exception from such limitations is necessary to the successful performance of the Agency's functions or to the security of its ac- tivities; and U) .Determine and fix the minimum and maximum limits of age within which an original appointment may be made to an oper- ational position within the Agency, notwithstanding the provision of any other law, in accordance with such criteria as the Director, in his discretion, may prescribe. SEC. 6. [50 U.S.C. 403g] In the interests of the security of the foreign .intelligence activities of the United States and in order fur- ther to implement the proviso of section 102(d)(3) of the National Security Act of 1947 (Public Law 253, Eightieth Congress, first ses- sion) that the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, the Agency shall be exempted from the provisions of sections 1 and 2, chapter 795 of the Act of August 28, 19356 (49 Stat. 956, 957; 5 U.S.C. 654), and the provisions of any other laws which require the publication or disclosure of the organization, functions, names, official titles, salaries, or numbers of personnel employed by the Agency: Provided, That in furtherance of this sec- tion, the Director of the Bureau of the Budget shall make no re- ports to the Congress in connection with the Agency under section 607, title VI, chapter 212 of the Act of June 30, 1945, as amended' (5 U.S.C. 947(b)). SEC. 7. [50 U.S.C. 403h] Whenever the Director, the Attorney General and the Commissioner of Immigration shall determine that the entry of a particular alien into the United States for per- manent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such alien and his immediate family shall be given entry into the United States for permanent residence without regard to their inadmissi- bility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility: Provided, That the number of aliens and members of their immediate families entering the United States under the authority of this section shall in no case exceed one hundred per- sons in any one fiscal year. a The cited Act is the Act entitled An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes" (47 Stat. 382). The provisions of that Act relating to rental of buildings by the Government are sections 321 and 322 (40 U.S.C. 303b, 278a). See also section 210(a)(5) of the Federal Property and Admin- istrative Services Act of 1949 (40 U.S.C. 490(a)(5)). 6 The cited Act of August 28, 1935, was repealed by the Independent Offices Appropriation Act, 1961 (Public Law 86-626, 74 Stat. 427). 7 Section 607 of the Act of June 30, 1945, was repealed by section 301(85) of the Budget and Accounting Procedures Act of 1950 (64 Stat. 843). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001_0_0 OF 1949 [Original section 9 (50 U.S.C. 403i) was repealed by section 601(b) of Public Law 763, 68 Stat. 1115; September 1, 1954.] SEC. 8. [50 U.S.C. 403j] (a) Notwithstanding any other provi- sions of law, sums made available to the Agency by appropriation or otherwise may be expended for purposes necessary to carry out its functions, including- (1) personal services, including personal services without regard to limitations, on types of persons to be employed, and rent at the seat of government and elsewhere; health-service program as authorized by law (5 U.S.C. 150); 8 rental of news- reporting services; purchase or rental and operation of photo- graphic, reproduction, cryptographic, duplication and printing machines, equipment and devices, and radio-receiving and radio-sending equipment and devices, including telegraph and teletype equipment; purchase, maintenance, operation, repair, and hire of passenger motor vehicles, and aircraft, and vessels of all kinds; subject to policies established by the Director, transportation of officers and employees of the Agency in Gov- ernment-owned automotive equipment between their domiciles and places of employment, where such personnel are engaged in work which makes such transportation necessary, and trans- portation in such equipment, to and from school,, of children of Agency personnel who have quarters for themselves and their families at isolated stations outside the continental United States where adequate public or private transportation is not available; printing and binding; purchase, maintenance, and cleaning of firearms, including purchase, storage, and mainte- nance of ammunition; subject to policies established by the Di- rector, expenses of travel in connection with, and expenses in- cident to attendance at meetings of professional, technical, sci- entific, and other similar organizations when such attendance would be a benefit in the conduct of the work of the Agency; association and library dues; payment of premiums or costs of surety bonds for officers or employees without regard to the provisions of 61 Stat. 646; 6 U.S.C. 14; 9 payment of claims pur- suant to 28 U.S.C.; acquisition of necessary land and the clear- ing of such land; construction of buildings and facilities with- out regard to 36 Stat. 699; 40 U.S.C. 259, 267;10 repair, rental, operation, and maintenance of buildings, utilities, facilities, and appurtenances; and 8 The law codified to section 150 of title 5 before the enactment of that title was replaced by section 7901 of title 5 upon the enactment of that title by Public Law 89-544 (Sept. 6, 1966, 80 Stat. 378). 9 Section 14 of title 6, United States Code, relating to the purchase of bonds to cover Govern- ment employees, was repealed by section 203(1) of Public Law 92-310 (Act of June 6, 1972, 86 Stat. 202). 10 Section 3734 of the Revised Statutes of the United States, formerly classified to sections 259 and 267 of title 40, was repealed by section 17(12) of the Public Buildings Act of 1959 (Public Law 86-249, 73 Stat. 485). That Act is shown in the United States Code as chapter 12 of title 40 (40 U.S.C. 601 et seq.). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 nuLn11 PICT OF 1949 33 (2)_ supplies, equipment, and personnel and contractual serv- ices otherwise authorized by law and regulations, when ap- proved by the Director. (b) The sums made available to the Agency may be expended without regard to the provisions of law and regulations relating to the expenditure of Government funds; and for objects of a confiden- tial, extraordinary, or emergency nature, such expenditures to be accounted for solely on the certificate of the Director and every such certificate shall be deemed a sufficient voucher for the amount therein certified. SEPARABILITY OF PROVISIONS SEC. 9. [50 U.S.C. 403a note] If any provision of this Act, or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than these as to which it is held invalid, shall not be affected thereby. SEC. 10. [50 U.S.C. 401 note] This Act may be cited as the "Cen- tral Intelligence Agency Act of 1949". AUTHORITY TO PAY DEATH GRATUITIES SEC. 11. [50 U.S.C. 403k] (a)(1) The Director may pay a gratuity to the surviving dependents of any officer or employee of the Agency who dies as a result of injuries (other than from disease) sustained outside the United States and whose death- (A) resulted from hostile or terrorist activities; or (B) occurred in connection with an intelligence activity having a substantial element of risk. (2) The provisions of this subsection shall apply with respect to deaths occurring after June 30, 1974. (b) Any payment under subsection (a)- (1) shall be in an amount equal to the amount of the annual salary of the officer or employee concerned at the time of death; (2) shall be considered a gift and shall be in lieu of payment of any lesser death gratuity authorized by any other Federal law; and (3) shall be made under the same conditions as apply to pay- ments authorized by section 14 of the Act of August 1, 1956 (22 U.S.C. 2679a).1' AUTHORITY TO ACCEPT GIFTS, DEVISES, AND BEQUESTS SEC. 12. [50 U.S.C. 4031] (a) Subject to the provisions of this sec- tion, the Director may accept, hold, administer, and use gifts of " Section 14 of the Act of August 1, 1956, was repealed effective February 15, 1981, by section 2205(10) of the Foreign Service Act of 1980 (Public Law 96-465, 94 Stat. 2160. The subject of death gratuities for Foreign Service employees is now covered by section 413 of that Act (22 U.S.C. 3973; 94 Stat. 2092). Section 2401(c) of that Act (94 Stat. 2168) provided: "References in law to provisions of the Foreign Service Act of 1946 or other law superseded by that Act shall be deemed to include reference to the corresponding provisions of this Act.". Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001.0 ACT OF 1949 money, securities, or other property whenever the Director deter- mines it would be in the interest of the United States to do so. Any gift accepted under this section (and any income produced by any such gift) may be used only for artistic display or for purposes re- lating to the general welfare, education, or recreation of employees o` e'en~s o emp oyees he Agency or ors uses, and under no circumstances may such a gift (or any income pro- duced by any such gift) be used for operational purposes. The Di- rector may not accept any gift under this section which is expressly conditioned upon any expenditure not to be met from the gift itself or from income produced by the gift unless such expenditure has been authorized by law. (b) Unless otherwise restricted by the terms of the gift, the Direc- tor may sell or exchange, or invest or reinvest, any property which is accepted under this section, but any such investment may only be in interest-bearing obligations of the United States or in obliga- tions guaranteed as to both principal - and interest by the United States. (c) There is hereby created on the books of the Treasury of the United States a fund into which gifts of money, securities, and other intangible property accepted under the authority of this sec- tion, and the earnings and proceeds thereof, shall be deposited. The assets of such fund shall be disbursed upon the order of the Direc- tor for the purposes specified in subsection (a) or (b). (d) For purposes of Federal income, estate, and gift taxes, gifts accepted by the Director under this section shall be considered to be to or for the use of the United States. (e) For the purposes of this section, the term "gift" includes a be- quest or devise. MISUSE OF AGENCY NAME, INITIALS OR SEAL SEC. 13. [50 U.S.C. 403m] (a) No person may, except with the written permission of the Director, knowingly use the words `Cen- tral Intelligence Agency', the initials `CIA', the seal of the Central Intelligence Agency, or any colorable imitation of such words, ini- tials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calcu- lated to convey the impression that such use is approved, endorsed, or authorized by the Central Intelligence Agency. (b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which consti- tutes or will constitute conduct prohibited by subsection (a), the At- torney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 HutnuT HUT OF 1949 35 . RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES SEC. 14. [50 U.S.C. 403n] (a) The provisions of sections 204, 221(b) (1)-(3), 221(f), 221(g)(2), 221(1), 221(m), 221(n), 221(o), 222, 223, 224, 234(c), 234(d), 234(e), and 263(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Emp oyees . C 403 note) esta Is Ing certain requirements, limitations, rights, en- titlements, and benefits relating to retirement .annuities, survivor benefits, and lump-sum payments for a spouse or former spouse of an Agency employee who is a participant in the Central Intelli- gence Agency Retirement and Disability System-shall apply in the same manner and to the same extent in the case of an Agency em- ployee who is a participant in the Civil Service Retirement and Disability System. (b) The Director of the Office of Personnel Management, in con- sultation with the Director of Central Intelligence, shall prescribe such regulations as may be necessary to implement the provisions of this section. SECURITY PERSONNEL AT AGENCY INSTALLATIONS SEC. 15. [50 U.S.C. 403o] (a) The Director may authorize Agency personnel within the United States to perform the same functions as special policemen of the General Services Administration per- form under the first section of the Act entitled "An Act to author- ize the Federal Works Administrator or officials of the Federal Works Agency duly authorized by him to appoint special policemen for duty upon Federal property under the jurisdiction of the Feder- al Works Agency, and for other purposes" (40 U.S.C. 318), with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers only within Agency installations, and the rules and regulations enforced by such personnel shall be rules and regulations promulgated by the Director. (b) The Director is authorized to establish penalties for violations of the rules or regulations promulgated by the Director under sub- section (a) of this section. Such penalties shall not exceed those specified in the fourth section of. the Act referred to in subsection (a) of this section (40 U.S.C. 318c). (c) Agency personnel designated by the Director under subsection (a) of this section shall be clearly identifiable as United States Gov- ernment security personnel while engaged in the performance of the functions to which subsection (a) of this section refers. HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES SEC. 16. [50 U.S.C. 403p] (a) Except as provided in subsection (c)(1), any individual- (1) formerly married to an employee or former employee of the Agency, whose marriage was dissolved by divorce or annul- ment before May 7, 1985; (2) who, at any time during the eighteen-month period before the divorce or annulment became final, was covered under a Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ou nuuUU,i ACT OF 1949 health benefits plan as a member of the family of such employ- ee or former employee; and (3) who was married to such employee for not less than ten years during periods of service by such employee with the Agency, at least five years of which were spent outside the United States by both the employee and the former spouse, is eligible for coverage under a health benefits plan in accordance with the provisions of this section. (b)(1) Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the six-month period beginning on the effective date of this section, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual- (A) files an election for such enrollment; and (B) arranges to pay currently into the Employees Health Benefits Fund under section 8909 of title 5, United States Code, an amount equal to the sum of the employee and agency con- tributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits. (2) The Director of Central Intelligence shall, as soon as possible, take all steps practicable- (A) to determine the identity and current address of each former spouse eligible for coverage under subsection (a); and (B) to notify each such former spouse of that individual's rights under this section. (3) The Director of the Office of Personnel Management, upon no- tification by the Director of Central Intelligence, shall waive the six-month limitation set forth in paragraph (1) in any case in which the Director of Central Intelligence determines that the circum- stances so warrant. (c)(1) Any former spouse who remarries before age fifty-five is not eligible to make an election under subsection (b)(1). (2) Any former spouse enrolled in a health benefits plan pursu- ant to an election under subsection (b)(1) may continue the enroll- ment under the conditions of eligibility which the Director of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age fifty-five shall not be eligible for continued enrollment under this section after the end of the thirty-one-day period beginning on the date of remarriage. (d) No individual may be covered by a health benefits plan under this section 'during any period in which such individual is enrolled in a health benefits plan under any other authority, nor may any individual be covered under more than one enrollment under this section. (e) For purposes of this section the term "health benefits plan" means an approved health benefits plan under chapter 89 of title 5, United States Code. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT OF 1964 FOR CERTAIN EMPLOYEES PUBLIC LAW 88-643-OCTOBER 13, 1964 (50 U.S.C. 403 note) AN ACT To provide for the establishment and maintenance.of a Central Intelli- gence Agency Retirement and Disability System for a limited number of employ- ees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-TITLE AND DEFINITIONS PART A-TITLE SEC. 101. This Act may be cited as the "Central Intelligence Agency Retirement Act of 1964 for Certain Employees". PART B-DEFINITIONS SEC. 111. When used in this Act, the term- (1). "Agency" means the Central Intelligence Agency; (2) "Director" means the Director of Central Intelligence; (3) "Qualifying- service" . means service performed as a partic- ipant in the system or, in the case of service prior to designa- tion, service determined by the Director to have been per- formed in carrying out duties described in section 203; (4) "Fund balance" means the sum of- (a) the investments of the fund calculated at par value; and (b) the cash balance of the fund on the books of the Treasury; (5) "Unfunded liability" means the estimated excess of the present value of all benefits payable from the fund to partici- pants and former participants, subject to this Act, and to their survivors, over the sum of- (a) the present value of deductions to be withheld from the future basic salary of participants currently subject to this Act and of future Agency contributions to be made in their behalf; plus (b) the present value of Government payments to the fund under section 261 (b) and (c) of this Act; plus (c) the fund balance as of the date the unfunded liability is determined; and (6) "Normal cost" means the level percentage of payroll re- quired to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with gener- ally accepted actuarial practice on an entry-age basis) less the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ;CIA-RDP90-00530 R000300580001 -0 i - ACT OF 1964 value of retirement benefits earned under another retirement system for government employees and less the cost of credit al- lowed for military service. TITLE II-THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM RULES AND REGULATIONS SEC. 201. (a) The Director may prescribe rules and regulations for the establishment and maintenance of a Central Intelligence Agency Retirement and Disability System for a limited number of employees, referred to hereafter as the system; such rules and reg- ulations to be submitted to the Permanent Select Committee on In- telligence of the House of Representatives and the Select Commit- tee on Intelligence of the Senate before they take effect. (b) The Director shall -administer the system in accordance with such rules and regulations and with the principles established by this Act. (c) In the interests of the security of the foreign intelligence ac- tivities of the United States and in order further to implement the proviso of section 102(d)(3) of the National Security Act of 1947, as amended (50 U.S.C. 403(d)(3)), that the Director of Central Intelli- gence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, and notwithstanding the provisions of the Administrative Procedure Act (5 U.S.C. 1001 et seq.)' or any other provisions of law (except section 305(d) of this Act), any determinations by the Director authorized by the provi- sions of this Act shall be deemed to be final and conclusive and not subject to review by any court. ESTABLISHMENT AND MAINTENANCE OF FUND SEC. 202. There is hereby created a fund to be known as the Cen- tral Intelligence Agency Retirement and Disability Fund which shall be maintained by the Director. The Central Intelligence Agency Retirement and Disability Fund is referred to hereafter as 2 SEC.' 203. The Director may designate from time to time Agency office em w ose utles are a rmine Tt" e Director to be (i) in support of Agency activities abroa d hazardous to life or health or 11 so specialized s eof_secu*3__x-equire- ments as to be clearly - s a e from normal government employment, hereafter referred to as participants, who shall be en- titled to the benefits of the system. Any participant who has com- pleted fifteen years of service with the Agency and whose career at The Administrative Procedure Act was repealed by the law enacting title 5, United States Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapters 5 and 7 of that title. Section 7(b) of that Act (80 Stat. 631) provided: "A reference to a law re- placed by sections 1-6 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act." Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : C1A-RDP90-00530 R000300580001-0. ACT OF 1964 w~ i q '4 r^.,f C 39 that time is adjudged by the Director to be qualifying for the system may elect to remain a participant of such system for the duration of his employment by the Agency and such election shall not be subject to review or approval by the Director. SEC. 204. (a) Annuitants shall be participants who are receiving annuities from the fund and all persons, including surviving wives and husbands, former spouses, widows, widowers, children, and beneficiaries of participants or annuitants who shall become enti- tled to receive annuities in accordance with the provisions of this title. (b) When used in this title the term- (1) "Widow" means the surviving wife of a participant who was married to such participant for at least one year immedi- ately preceding his death or is the mother of issue by marriage to the participant. (2) "Widower" means the surviving husband of a participant who was married to such participant for at least one year im- mediately preceding her death or is the father of issue by mar- riage to the participant. (3) "Child", for the purposes of sections 221 and 232 of this title, means an unmarried child, including (i) an adopted child or a child who lived with and for whom a petition for adoption was filed by a participant and who is adopted by the surviving spouse after the participant's death,2 and (ii) a stepchild or rec- ognized natural child who lived with the participant in a regu- lar parent-child relationship, under the age of eighteen years, or such unmarried child regardless of age who because of phys- ical or mental disability incurred before age eighteen is incapa- ble of self-support, or such unmarried child between eighteen and twenty-two years of age who is a student regularly pursu- ing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. A child whose twenty-second birthday occurs prior to July 1 or after August 31 of any calendar year, and while he is regularly pursuing such a course of study or training, shall be deemed for the purposes of this paragraph and section 221(e) of this title to have attained the age of twenty-two on the first day of July following such birthday. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years if the inter- im does not exceed five months and if he shows to the satisfac- tion of the Director that he has a bona fide intention of con- tinuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim. The term "child", for purposes of section 241, 2 Period erroneously inserted by amendment made by section 201(d) of Public Law 94-522 (90 Stat. 2468). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 _0 . ACT OF 1964 shall include an adopted child and a natural child, but shall not include a stepchild. (4) "Former spouse" means a former wife or husband of a participant or former participant who was married to such par- ticipant for not less than 10 years during periods of service by that participant which are creditable under sections 251, 252, and 253 of this title, at least five years of which were spent outside the United States by both the participant and the former spouse. PART B-COMPULSORY CONTRIBUTIONS SEC. 211. (a) Except as provided in -subsection (d), seven per centum of the basic salary received by each participant shall be contributed to the fund for the payment of annuities, cash benefits, refunds and allowances. An equal sum shall also be contributed from the respective appropriation or fund which is used for pay- ment of his salary. The amounts deducted and withheld from basic salary together with the amounts so contributed from the appro- priation or fund shall be deposited by the Agency to the credit of the fund. (b) Each participant shall be deemed to consent and agree to such deductions from basic salary, and payment less such deduc- tions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which he. shall be entitled under this title, notwithstanding any law, rule, or regulation affecting the individual's salary. (c) Amounts deducted and withheld from the basic salary of a participant under this section from the beginning of the first pay period after the participant has completed thirty-five years of cred- itable service computed under sections 251 and"-252 exc u I serv- ice credit for unused sick leave under section 221(h)), together with interest on these amounts at the rate of 3 percent a year com- pounded annually from the date of the deduction to the date of re- tirement or death, shall be applied toward any special contribution due under section 252(b), and any balance not so required shall be refunded in a lump sum to the participant after separation (or, in the event of a death in service, to a beneficiary in order of prece- dence specified in subsection 241(b)(1)), subject to any restrictions on lump sums under section 234 of this title regarding notification or consent of a current spouse to such payments, or the participant may use these sums to purchase an additional annuity in accord- ance with section 281, or any other elective benefits authorized by this title, including additional retirement or survivor benefits for a current or former spouse or spouses. (d)(1) In the case of a participant who was a participant subject to this title before January 1, 1984, and whose service- (A) is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954, and (B) is not creditable service for any purpose under title III-of this Act or chapter 84 of title 5, United States Code, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 _0 ACT OF 1964 41 there shall be deducted and withheld from the basic pay of the par- ticipant under this subsection during any pay period only the amount computed pursuant to paragraph (2). (2) The amount deducted and withheld from the basic pay of a participant during and pay period pursuant to paragraph (1) shall be the excess of- (A) the amount determined by multiplying the percent appli- cable to the participant under subsection (a) by the basic pay payable to the participant for such pay period, over (B) the amount of the taxes deducted and withheld from such basic pay under section 3101(a) of the Internal Revenue Code of 1954 (relating to old-age, survivors, and disability insurance) for such pay period. COMPUTATION OF ANNUITIES FOR OTHER THAN FORMER SPOUSES SEC. 221. (a) The annuity of a participant shall be equal to 2 per e years o service or, in the case o an annul y computed u c ion an ase on less than three years, over the total serv- ice), for which full contributions have been made to the fund, mul- tiplie ber of ears, not exceeding thirty-five, of service re it obtained in actor ante wi 251 and 252. In determining the aggregate period of service upon which the annuity is to be based, the fractional part of a month, if any, shall not be counted. (b)(1)(A) Except to the extent provided otherwise under a written election under subparagraph (B) or (C), if at the time of retirement a participant or former participant is married (or has a former spouse who has not remarried before attaining age 60), the partici- pant shall receive a reduced annuity and provide a survivor annu- ity for his or her spouse under this subsection or former spouse under section 222(b), or a combination of such annuities, as the case may be. (B) A married participant or former participant and his or her spouse may jointly elect in writing to waive a survivor annuity for that spouse under this section (or under section 222(b) if the spouse later qualifies as a former spouse under section 204(b)(4)), or to reduce such survivor annuity under this section (or section 222(b)) by designating a portion of the annuity of the participant as the base for the survivor benefit. If the marriage is dissolved following an election for such a reduced annuity and the spouse qualifies as a former spouse, the base used in calculating any annuity of the former spouse under section 222(b) may not exceed the portion of the participant's annuity designated under this subparagraph. (C) If a participant or former participant has a former spouse, the participant (or former participant) and such former spouse may jointly elect by spousal agreement under section 263(b) to waive a survivor annuity under section 222(b) for that former spouse, if the election is made (i) before the end of the 12-month period beginning on the date the divorce or annulment involving that former spouse becomes final or (ii) at the time of retirement of the participant. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0i ACT OF 1964 (D) The Director may prescribe regulations under which a partic- ipant or former participant may make an election under subpara- graph (B) or (C) without the participant's spouse or former spouse if the participant establishes to the satisfaction of the Director that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse or former spouse. (2) The annuity of a participant or former participant providing a survivor benefit under this section (or section 222(b)), excluding any portion of the annuity not designated or committed as a base for any survivor annuity, shall be reduced by 21/2 percent of the first $3,600 plus 10 percent of any amount over $3,600. The reduction under this paragraph shall be calculated before any reduction under section 222(a)(4). (3)(A) If a former participant entitled to receive a reduced annu- ity under this.. subsection dies and is survived by a spouse, a survi- vor annuity shall be paid to the surviving spouse equal to 55 per- cent of the full amount of the participant's annuity computed under subsection (a), or 55 percent of any lesser amount elected as the base for the survivor benefit under paragraph (1)(B). (B) Notwithstanding subparagraph (A), the amount of the annu- ity calculated under subparagraph (A) for a surviving spouse in any case in which there is also a surviving former spouse of the participant who qualifies for an annuity under section 222(b) may not exceed 55 percent of the portion (if any) of the base for survivor benefits which remains available under section 222(b)(4)(B). (C) An annuity payable from the fund under this title to a sur- viving spouse under this paragraph shall commence on the day after the participant dies and shall terminate on the last day of the month before the surviving spouse's death or remarriage before at- taining age 60. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or di- vorce if any lump sum paid upon termination of the annuity is re- turned to the fund. (c)(1) If an annuitant dies and is survived by a wife or husband and by a child or children, in addition to the annuity payable to the surviving wife or husband, there shall be paid to or on behalf of each child an annuity equal to the smallest of: (i) 60 per centum of the annuitant's average basic salary, as determined under para- graph (a) of this section, divided by the number of children; (ii) $900; or (iii) $2,700 divided by the number of children. (2) If an annuitant dies and is not survived by a wife or husband but by a child or children, each surviving child shall be paid an an- nuity equal to the smallest of: (i) 75 per centum of the annuitant's average basic salary, as determined under paragraph (a) of this sec- tion, divided by the number of children; (ii) $1,080; or (iii) $3,240 divided by the number of children. (d) If a surviving wife or husband dies or the annuity of a child is terminated, the annuities of any remaining children shall be re- computed and paid as though such wife, husband, or child had not survived the participant. (e) The commencing date of an annuity payable to a child under paragraph (c) or (d) of this section, or (c) or (d) of section 232, shall Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001`0, ACT OF 1964 43 be deemed to be the day after the annuitant or participant dies, with payment beginning on that day or beginning or resuming on the first day of the month in which the child later becomes or again becomes a student as described in section 204(b)(3), provided the lump-sum credit, if paid, is returned to the fund. Such annuity shall terminate on the last day of the month before (1) the child's attaining age eighteen unless he is then a student as described or incapable of self-support, (2) his becoming capable of self-support after attaining age eighteen unless he is then such a student, (3) his attaining age twenty-two if he is then such a student and not incapable of self-support, (4) his ceasing to be such a student after attaining age eighteen unless he is then incapable of self-support, (5) his marriage, or (6) his death, whichever first occurs. (f)(1) Subject to the rights of former spouses under sections 221(b) and 222, any unmarried participant retiring under the provisions of this title and found by the Director to be in good health may at the time of retirement elect a reduced annuity, in lieu of the annu- ity as hereinbefore provided, and designate in writing a person having an insurable interest (as that term is used in section 9(h) of the Civil Service Retirement Act (5 U.S.C. 2259(h))) 3 in the partici- pant to receive an annuity after the participant's death. The annu- ity payable to the participant making such election shall be re- duced by 10 per centum of an annuity computed as provided in paragraph (a) of this section, and by 5 per centum of an annuity so computed for each full five years the person designated is younger than the participant, but such total reduction shall not exceed 40 per centum. The annuity of a survivor designated under this para- graph shall be 55 per centum of the reduced annuity computed as prescribed above. (2) A participant, who is unmarried at the time of retiring and who later marries, may irrevocably elect, in a signed writing re- ceived in the Agency within one year after the marriage, a reduced annuity as provided in section 221(b). The reduced annuity is effec- tive the first day of the month after the election is received. The election voids prospectively any election previously made under the provisions of paragraph (1) of this subsection. (g)(1) In the case of remarriage on or after age sixty an annuity shall be payable if remarriage has occurred on or after July 18, 1966, and if the surviving wife or husband, immediate before such remarriage, was receiving an annuity from the Central Intelligence Agency Retirement and Disability Fund. The annuity of a surviv- ing spouse terminated as a result of remarriage which occurred prior to age sixty and on or after July 18, 1966, shall be restored at the same rate commencing on the day the remarriage is dissolved by death, annulment, or divorce, if- (A) the surviving spouse elects to receive this annuity in- stead of a survivor benefit to which he may be entitled, under this or another retirement system for Government employees, by reason of the remarriage; and 'The Civil Service Retirement Act was repealed by the law enacting title 5, United States Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and was codified as chapter 83 of that title. The provisions of section 9(h) of that Act were codified as section 8339(j) of title 5. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I M nciinrmtnT ACT OF 1964 (B) any lump sum paid on termination of the annuity is re- turned to the fund. No annuity shall be paid by reason of this paragraph for any period prior to October 20, 1969. No annuity shall be terminated solely by reason of the enactment of this paragraph. (2) A surviving former spouse of any participant or former partic- ipant shall not become entitled to a survivor annuity or to the res- toration of a survivor annuity payable from the fund under this title unless the survivor elects to receive it instead of any other survivor annuity to which he or she maybe entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than that participant. (h) In computing an annuity under this section the service credit of a participant who retires, except under section 231, on an imme- diate annuity or dies leaving a survivor or survivors entitled to an- nuity includes, without regard to the limitations imposed by para- graph (a), the days of unused sick leave to his credit under a formal leave system, except that these days will not be counted in deter- mining average basic salary or annuity eligibility. The contribution specified. in section 252 -shall not be required for days of unused sick leave credited under this:paragraph. (i) Except as otherwise provided, the annuity of a participant shall commence on the day after separation from the service, or on the day after salary ceases and the participant meets the service and the age or disability requirements for title thereto. The annu- ity of a participant under section 234 shall commence on the day after the occurrence of the event on which payment thereof is based. An annuity otherwise payable from the fund under this title allowed on or after date of enactment of this. provision shall com- mence on the day after the occurrence of the event on which pay- ment thereof is based. (j) An annuity payable from the fund under this title on or after date of enactment of this provision shall terminate (1) in the case of a retired participant, on the day death or any other terminating event occurs, or (2) in the case of a survivor, on the last day of the month before death or any other terminating event occurs. (k) The annuity computed under this section is reduced by 10 per centum of a special contribution described by section 252(b) remain- ing unpaid for civilian service for which retirement deductions have not been made, unless the participant elects to eliminate the service involved for the purpose of annuity computation. (1)(1) Notwithstanding any other provision of this section, the monthly rate of annuity payable under subsection (a) of this sec- tion, shall not be less than the smallest primary insurance amount, including any cost-of-living increase added to that amount, author- ized to be paid from time to time under title II of the Social Se- cuirty [sic] Act [42 U.S.C. 401 et seq.]. (2) Notwithstanding any other provision of this section, other than this subsection, the monthly rate of annuity payable under subsection (a) of this section to a surviving child shall not be less than the smallest primary insurance amount, including any cost-of- living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act [42 U.S.C. 401 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R00030058000 m-0 rACT OF 1964 45 et seq.], or three times such primary insurance amount divided by the number of surviving children entitled to an annuity, whichever is the lesser. (3) The provisions of this subsection shall not apply to an annui- tant or to a survivor who is or becomes entitled to receive from the United States an annuity or retired pay under any other civilian or military retirement system, benefits under title II of the Social Se- curity Act [42 U.S.C.. 401 et seq.], a pension, veterans' compensa- tion, or any other, periodic payment of a similar nature, when the monthly rate thereof is - equal to or greater than the smallest pri- mary insurance amount, including any cost-of-living, increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act. (4) This subsection shall not apply to the extent provided in sec- tion 222(d). (m)(1) Any married annuitant who reverts to retired status with entitlement to a supplemental annuity under subsection 271(b) shall, unless the annuitant and his or her spouse jointly elect in writing to the contrary at that time, have the supplemental annu- ity reduced by 10 percent to provide a supplemental survivor annu- ity for his or her spouse. Such supplemental survivor annuity shall be equal to 55 percent of the supplemental annuity of the annui- tant and shall be payable to a surviving spouse to whom the annui- tant was married at the time of reversion to retired status or whom the annuitant subsequently married. (2) The Director shall'issue regulations to provide for the applica- tion of paragraph (1) of this subsection and of subsection 271(b) in any case in which an annuitant has a former spouse who was mar- ried to the participant at any time during a period of recall service and who qualifies for an annuity under section 222(b). (n) An annuity which is reduced under this section or any simi- lar prior provision of law to provide a survivor benefit for a spouse shall, if the marriage of the participant to such spouse is dissolved, be recomputed and paid for each full month during which an annu- itant is not married (or.is remarried if there is no election in effect under the following sentence) as if the annuity had not been so re- duced, subject to any reduction required to provide a survivor bene- fit under section 222 (b) or (c). Upon remarriage the retired partici- pant may irrevocably elect, by means of a signed writing received by the Director within one year after such remarriage, to receive during such marriage a reduction in annuity for the purpose of al- lowing an annuity for the new spouse of the annuitant in the event such spouse survives the annuitant..Such reduction shall be equal to the reduction in effect immediately before the dissolution of the previous marriage (unless such reduction is adjusted under section 222(b)(5)), and shall be effective the first .day of the first month be- ginning one year after the date of remarriage. A survivor annuity elected under this subsection shall be treated in all respects as a survivor annuity under subsection (b). (o) The Director shall, on an annual basis- (1) inform each participant of his or her right of election under subsections (f)(2) and (n); and Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 4b RETIREMENT ACT OF 1964 (2) to the maximum extent practicable, inform spouses or former spouses of participants or former participants of their rights under this section and sections 222, 223, and 234 (c), (d), and (e). (p)(1) Notwithstanding any other provision of this title, except as provided in paragraph (2), an annuity (including a disability annu- ity) payable under this title to an individual described in section 301(c)(1) and any survivor annuity payable under this title on the basis of the service of such individual shall be reduced in a manner consistent with section 8349 of title 5, United States Code, under conditions consistent with the conditions prescribed in such section. (2) This section shall not apply with respect to any annuity, or survivor annuity, which is based on the service of anrindividual de- scribed in section 301(c)(2). COMPUTATION OF ANNUITIES FOR FORMER SPOUSES SEC. 222. (a)(1) Unless otherwise expressly provided by any spous- al agreement or court order under section 263(b), a former spouse of a participant or former participant is entitled to an annuity- (A) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or (B) if not married to the participant throughout such credita- ble service, equal to a proportion of 50 percent of such annuity which is the proportion that the number of days of the mar- riage of the former spouse to the participant during periods of creditable service of such participant under this title bears to the total number of days of creditable service. (2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age. (3) The annuity of ,:a former spouse under this subsection com- mences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this title or on the first day of the month after the divorce or annulment involved be- comes final, whichever is later. The annuity of such former spouse and the right thereto terminate on- (A) the last day of the. month before the former spouse dies or remarries before 60 years of age; or (B) the date the annuity of the._ participant terminates (except in the case of an annuity subject to paragraph 4(B)). (4)(A) The annuity payable to any participant shall. be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such_ reduction shall be disregarded in calculating the survivor annuity for any spouse, former spouse, or other survivor under this title, and in cal- culating any reduction in the annuity of the participant to provide survivor benefits under subsection (b) or section 221(b). (B) If any annuitant whose annuity is reduced under subpara- graph (A) is recalled to service under section 271, or reinstated or reappointed, in the case of a recovered disability annuitant, or if any annuitant is reemployed as provided for under sections 272 and 273, the salary of that annuitant shall be reduced by the same Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 JT I ACT OF 1964 47 - amount as the annuity would have been reduced if . it had contin- ued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the fund. (5) Notwithstanding paragraph (3), in the case of any former spouse of a disability annuitant- (A) the annuity of that former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for an annuity under this title (other than a disability annuity) or the date the disability annuity begins, whichever is later, and (B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the partici- pant would otherwise so qualify. (6) An annuity under this subsection shall be treated the same as a survivor annuity under subsection (b) for purposes of section 221(g)(2) or any comparable provision of law. (7) No spousal agreement or court order under section 263(b) in- volving any participant may provide .for an annuity or any combi- nation of annuities under this subsection which exceeds the annu- ity of the participant. No such court order relating to an annuity under this subsection may be given effect if it is issued more than 12 months after the date the divorce or annulment involved be- comes final. (b)(1) Subject to any election under section 221(b)(1)(C) and unless otherwise expressly provided by any spousal agreement or court order under section 263(b), if a former participant who is entitled to receive an annuity is survived by a former spouse, the former spouse shall be entitled to a survivor annuity- (A) if married to the participant throughout the creditable service of the participant, equal to 55 percent of the full amount of the participant's annuity, as computed under sec- tion 221(a), or (B) if not married to the participant throughout such credita- ble service, equal to a proportion of 55 percent of the full amount of such annuity which is the proportion that the number of days of the marriage of the former spouse to the former participant during periods of creditable service of such former participant under this title bears to the total number of days of such creditable service. (2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of, that annuity the former spouse remarries before becoming 60 years of age. (3) An annuity payable from the fund under this title to a surviv- ing former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before at- taining age 60. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or di- vorce if any lump sum paid upon termination of the annuity is re- turned to the fund. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300K80001-0i ACT OF 1964 (4)(A) The maximum survivor annuity or combination of survivor annuities under this section (and section 221(b)(3)) with respect to any participant or former .participant may not exceed 55 percent of the full amount of the participant's annuity,. as calculated under section 221(a). (B) Once a survivor annuity has.been provided under this subsec- tion for any former spouse, a survivor annuity for another individ- ual may thereafter be provided under this subsection (or section 221(b)(3)) with respect to a participant or former participant only for that portion (if any) of the maximum available which is not committed for survivor benefits for any former spouse whose pro- spective right to such annuity has not terminated by reason of death or remarriage. (C) After the death of a participant or former participant, a court order under section 263(b) may not adjust the amount of the annu- ,:ity:-of any former spouse under this section. -` = ('5)(A) For each full month after a former spouse of a participant or former participant dies or remarries before attaining age 60, the annuity of the participant, if reduced to provide a survivor annuity for that former spouse, shall be recomputed and paid as if the an- nuity had not been so reduced, unless an election is in effect under subparagraph (B). (B) Subject to paragraph (4)(B), the participant may elect in writ- ing within one year after receipt of notice of the death or remar- riage of the former spouse to continue the reduction in order to provide a higher survivor annuity under section 221(b)(3) for any spouse of the participant. (c)(1) In the case of any participant or former participant provid- ing a survivor annuity benefit under subsection (b) for a former spouse- (A) such participant may elect, or (B) a spousal agreement or court order under section 263(b) may provide for, an additional survivor annuity under this subsection for any other former spouse or spouse surviving the participant, if the partici- pant satisfactorily passes a physical examination as prescribed by the Director. (2) Neither the total amount of survivor annuity or annuities under this subsection with respect to any participant or former participant, nor the survivor annuity or annuities for any one sur- viving spouse or former spouse of such participant under this sec- tion or section 221, shall exceed 55 percent of the full amount of the participant's annuity, as computed under section 221(a). (3)(A) In accordance with regulations which the Director shall prescribe, the participant involved may provide for any annuity under this subsection- (i) by a reduction in the annuity or an allotment from the salary of the participant, (ii) by a lump-sum payment or installment payments to the fund, or (iii) by any combination thereof. (B) The present value of the total amount to accrue to the fund under subparagraph (A) to provide any annuity under this subsec- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 ACT OF 1964 49 tion shall be actuarially equivalent in value to such annuity, as cal- culated upon such tables of mortality as may from time to time be prescribed for this purpose by the Director. (C) If a former spouse predeceases the participant or remarries before attaining age 60 (or, in the case of a spouse, the spouse does not qualify as a former spouse upon dissolution of the marriage)- (i) if an annuity reduction or salary allotment under sub- paragraph (A) is in effect for that spouse or former spouse, the annuity shall be recomputed and paid as if it had not been re- duced or the salary allotment terminated, as the case may be, and (ii) any amount accruing to the fund under subparagraph (A) shall be refunded, but only to the extent that such amount may have exceeded the actuarial cost of providing benefits under this subsection for the period such benefits were provid- ed, as determined under regulations prescribed by the Director. (D) Under regulations prescribed by the Director, an annuity shall be recomputed (or salary allotment terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under subparagraph (C), in order to reflect a termi- nation or reduction of future benefits under this subsection for a spouse in the event a former spouse of the participant dies or re- marries before attaining age 60 and an increased annuity is provid- ed for that spouse in accordance with this section. (4) An annuity payable under this subsection to a spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60. (5) Section 291 shall not apply to any annuity under this subsec- tion, unless authorized under regulations by the Director. (d) Section 221(1) shall not apply- (1) to any annuity payable under subsection (a) or (b) to any former spouse if the amount of that annuity varies by reason of a spousal agreement or court order under section 263(b), or an election under section 221(b)(1)(B), from the amount which would be calculated under subsection (a)(1) or (b)(1), as the case may be, in the absence of such spousal agreement, court order, or election; or (2) to any annuity payable under subsection (c). ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES SEC. 223. (a) Any participant or former participant in the Central Intelligence Agency Retirement and Disability System who on No- vember 15, 1982, has a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 222(b). (b)(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement. (2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 av nc i incmriv i ACT OF 1964 (3) For the purposes of applying this Act, any such election shall be treated in the same manner.as if it were a spousal agreement under section 263(b). (c) An election under this section may provide for a survivor ben- efit based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for sur- vivor benefits for a spouse or any other former spouse of the partic- ipant. The participant and his or her spouse may make an election under section 221(b)(1)(B) prior to the time of retirement for the purpose of allowing an election to be made under this section. (d) The amount of the reduction in the participant's annuity shall be determined in accordance with section 221(b)(2). Such re- duction shall be effective as of- (1) the commencing date of the participant's annuity, in the case of an election under subsection (b)(1), or (2) November 15, 1982, in the case of an election under sub- section (b)(2). SEC. 224. (a)(1) Any individual who was a former spouse of a par- ticipant or former participant on November 15, 1982, shall be enti- tled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 per centum of the greater of- (A) the full amount of the participant's or former partici- pant's annuity, as computed under section 221(a); or (B) the full amount of what such annuity as so computed would be if the participant or former participant had not with- drawn a lump-sum portion of contributions made with respect to such annuity. (2) A survivor annuity payable under this section shall be re- duced by an amount equal to the amount of retirement benefits, not including benefits under title II of the Social Security Act, re- ceived by the former spouse which are attributable to previous em- ployment of such former spouse by the United States. (b) A former spouse shall not be entitled to a survivor annuity under this section if- (1) an election has been made with respect to such former spouse under section 223; (2) the former spouse remarries. before age fifty-five; or (3) the former spouse is less than fifty years of age. (c)(1) The entitlement of a former spouse to a survivor annuity under this section- (A) shall commence- (s) in the case of a former spouse of a participant or former participant who is deceased as of the effective date of this section, beginning on the later of- (I) the sixtieth day after such date; or (II) the date such former spouse reaches age fifty;- and Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 ACT OF 1964 51 (ii) in the case of any other former spouse, beginning on the lastest 4 of- (I) the date that the participant or former partici- pant to whom the former spouse was married dies; (II) the sixtieth day after the effective date of this section; or (III) the date such former spouse reaches age fifty; and (B) shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age fifty- five. (2)(A) A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, within thirty months after the effective date of this section. (B) Upon approval of an application provided under subpara- graph (A), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before the effective date of this section. (d) The Director shall- (1) as soon as possible, but not later than sixty days after the effective date of this section, issue such regulations as may be necessary to carry out this section; and (2) to the maximum extent practicable, and as soon as possi- ble, inform each individual who was a former spouse of a par- ticipant or former participant on November '15, 1982, of any rights which such individual may have under this section. PART D-BENEFITS ACCRUING TO CERTAIN PARTICIPANTS RETIREMENT FOR DISABILITY OR INCAPACITY-MEDICAL EXAMINATION-RECOVERY SEC. 231. (a) Any participant who has five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with provisions of section 251 or 252(a)(2), and who becomes totally disabled .or incapacitated for useful and efficient service by reason of disease, illness, or injury not due to vicious habits, intemperance, or willful misconduct on his part, shall, upon his own application or upon order of the Direc- tor, be retired on an annuity computed as prescribed in section 221. If the disabled or incapacitated participant is under sixty and has less than twenty years of service credit toward his retirement under the system at the time he is retired, his annuity shall be computed on the assumption that he has had twenty years of serv- ice, but the additional service credit that may accrue to a partici- pant under this provision shall in no case exceed the difference be- tween his age at the time of retirement and age sixty. Retirement Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 Jt. nciincmci'iT ACT OF' 1964 for disability or incapacity may be approved only if the application is submitted before the applicant is separated from the Agency or within one year thereafter. This time limitation may be waived by the Director for a participant or annuitant who at the date of sepa- ration from the Agency or within one year thereafter is mentally incompetent, if the application is filed with the Agency within one year from the date of restoration of the participant or annuitant to competency or the appointment of a fiduciary, whichever is earlier. (b)(1) In each case, the participant shall be given a medical exam- ination by one or more duly qualified physicians or surgeons desig- nated by the Director to conduct examinations, and disability shall be determined by the Director on the basis of the advice of such physicians or surgeons. Unless the disability is permanent, like ex- aminations shall be made annually until the annuitant has reached the statutory mandatory retirement age for his grade as provided in section 235. If the Director determines on the basis of the advice of one or more duly qualified physicians or surgeons conducting such examinations that an annuitant has recovered to the extent that he can return to duty, the annuitant may apply for reinstatement or reappointment in the Agency within. one year from the date his recovery is determined. Upon application the Di- rector may reinstate any such recovered disability annuitant in the grade in which he was serving at time of retirement, or the Direc- tor may, taking into consideration the age, qualifications, and expe- rience of such annuitant, and the present grade of his contempo- raries in the Agency, appoint him to a grade higher than the one in which he was serving prior to retirement. Payment of the annu- ity shall continue until a date one year after the date of examina- tion showing recovery or until the date of reinstatement or reap- pointment in the Agency, whichever -is earlier. Fees for examina- tions under this provision, `together with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the fund. If the annuitant fails to submit to examina- tion as required under this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily es- tablished. (2) If the annuitant receiving disability retirement annuity is re- stored to earning capacity, before becoming sixty years of age, pay- ment of the annuity terminates on reemployment by the Govern- ment or one year after the end of the calendar year in which earn- ing capacity is restored, whichever is earlier. Earning capacity is restored if in each of two succeeding calendar years the income of the annuitant from wages or self-employment or both equals at least 80 per centum of the current rate of pay of the position occu- pied at the time of retirement. (c)(1) If a recovered or restored disability annuitant whose annu- ity is discontinued is for any reason not reinstated or reappointed in the Agency, he shall be considered except for service credit to have been separated within the meaning of paragraphs (a) and (b) of section 234 as of the date of termination of the disability annuity and he shall, after the discontinuance of the disability annuity, be entitled to the benefits of that section or of section 241(a) except that he may elect voluntary retirement in accordance with the pro- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 nL.iinununr ACT OF. 1964 53 visions of section 233 if he can qualify under its provisions or he may be placed by the Director in an involuntary retired status if he qualifies under the provisions of section 235(a). Retirement rights under this section shall be based on the provisions of this title in effect as of the date the disability annuity was discontinued. (2) If, based on a current medical examination, -the Director de- termines that a recovered annuitant has, before reaching age sixty- two, again become totally disabled due to recurrence of the disabil- ity for which he was originally retired, his terminated disability annuity (same type and rate) is reinstated from the date of such medical examination. If a restored-to-earning-capacity annuitant has not medically recovered from the disability for which retired and establishes to the Director's satisfaction that his income from wages and self-employment in any calendar year before reaching age sixty-two was less than 80 per centum of the pay rate attached to the position from which he retired, his terminated disability an- nuity (same type and rate) is reinstated from the first of the next following year. If he has been allowed an involuntary or voluntary retirement annuity in the meantime, his reinstated disability an- nuity is substituted for it unless he elects to retain the former ben- efit. (d) No participant shall be entitled to receive an. annuity under this title and compensation for injury or disability to himself under the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 751 et seq.) 5, covering the same period of time. This provision shall not bar the right of any claimant to the great- er benefit conferred by either Act for any part of the same period of time. Neither this provision nor any provision of the said Act of September 7, 1916, as amended, shall be so construed as to deny the right of any participant to receive an annuity under this title by reason of his own services and to receive concurrently any pay- ment under such Act of September 7, 1916, as amended by reason of the death of any other person. (e) Notwithstanding any provision of law to the contrary, the right of any person entitled to an annuity under this title shall not be affected because such person has received an award of compen- sation in a lump sum under section 14 of the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 764) 6, except that where such annuity is payable on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as determined by the Secretary of Labor, shall be refunded to the De- partment of Labor, to be paid into the Federal employees' compen- sation fund. Before such person shall receive such annuity he shall (1) refund to the Department of Labor the amount representing such commuted payments for such extended period, or (2) authorize the deduction of such amount from the annuity payable to him b The Federal Employees' Compensation Act of September 7, 1916, was repealed by the law enacting title 5, United States Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and its pro- visions were codified as chapter 81 of that title. 6 See footnote 4. The provisions of section 14 of the Federal Employees' Compensation Act of September 7, 1916, were codified as section 8135 of that title. I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 - Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 54 KtIIKtMtnl ACT OF 1964 under this title, which amount shall be transmitted to such Depart- ment for reimbursement to such fund. Deductions from such annu- ity may be made from accrued and accruing payments, or may be prorated against and paid from accruing payments in such manner as the Secretary of Labor shall determine, whenever he finds that the financial circumstances of the annuitant are such as to war- rant such deferred refunding. SEC. 232. (a) In case a participant dies and no claim for annuity is payable under the provisions of this title, his contributions to the fund, with interest at the rates prescribed in sections 241(a) and 281(a), shall be paid in the order of precedence shown in section 241(b). (b) If a participant who has at least eighteen months of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is survived by a widow or a widower, as defined in section 204, such widow or widower shall be entitled to an annuity equal to 55 per centum of the annuity computed in accordance with-the provisions of section 221(a), except that the computation of the annuity of the participant under such section shall be at least the smaller of (i) 40 per centum of the participant's average basic salary, or (ii) the sum obtained under such section after increasing the participant's service of the type last performed by the differ- ence between his age at the time of death and age sixty. The annu- ity of such widow or widower shall commence on the date following death of the participant and shall terminate upon death or upon remarriage prior to attaining age sixty of the widow or widower (subject to the payment and restoration provisions of section 221(g)). (c) If a participant who has at least five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is survived by a wife or a husband and a child or chil- dren, each surviving child shall be entitled to an annuity computed in accordance with the provisions of section 221(c)(1). The child's annuity shall begin and be terminated in accordance with the pro- visions of section 221(e). Upon the death of the surviving wife or husband or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though such wife or husband or child had not survived the participant. (d) If a participant who has at least five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is not survived by a wife or husband, but by a child or children, each surviving child shall be entitled to an annuity com- puted in accordance with the provisions of section 221(c)(2). The child's annuity shall begin and terminate in accordance with the provisions of section 221(e). Upon termination of the annuity of a Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 ACT OF 1964 55 child, the annuities of any remaining.children shall be recomputed and paid as though that child had never been entitled to the bene- fit. SEC. 233. Any participant in the system who is at least fifty years of age and has rendered twenty years of service may on his own application and with the consent of the Director be retired from the Agency and receive benefits in accordance with the provisions of section 221 provided he has not less than ten years of service with the Agency of which at least five shall have been qualifying service. SEC. 234. (a) Subject to the limitations contained in subsections (c), (d), and (e), any participant who separates from the Agency after having performed not less than five years of service with the Agency,- may, upon separation from the Agency or at any time prior to becoming eligible for an annuity, elect to have his contri- butions to the fund returned to him in accordance with the provi- sions of section 241, or (except in cases where the. Director deter- mines that separation was based in whole or in part on the ground of disloyalty to the United States) to leave his contributions in the fund and receive an annuity, computed as prescribed in section 221, commencing at the age of sixty-two years. (b) If a participant who has qualified in accordance with the pro- visions of paragraph (a) of this section to receive a deferred annuity commencing at the age of sixty-two dies before reaching the age of sixty-two his contributions to the fund, with interest, shall be paid in accordance with the provisions of sections 241 and 281. (c) Whenever a participant becomes separated from the Agency without becoming eligible for an annuity or a deferred annuity under this title and becomes entitled to receive a lump-sum pay- ment under this section or section 241, a share of that lump-sum payment shall be paid to any former spouse of the participant in accordance with subsections (d) and (e). (d) Unless otherwise expressly provided by any spousal agree- ment or court order under section 263(b), the amount of a partici- pant's or former participant's lump-sum credit under this section or under section 241 payable to a former spouse of that participant shall be- (1) if the former spouse was married to the participant throughout the period of creditable service of the participant, 50 percent of such lump-sum credit to which such participant would be entitled in the absence of this subsection; or (2) if such former spouse was not married to the participant throughout such creditable service, an amount equal to a pro- portion of 50 percent of such lump-sum credit which is the pro- portion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this title bears to the total number of days of such creditable service. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 w nL i inLmcn F ACT OF 1964 Such lump-sum credit of the participant shall be reduced by the amount of the lump-sum credit payable to the former spouse. (e) A lump-sum payment under this section or section 241 of this title may be paid by the Director to or for the benefit of a partici- pant- (1) only upon written notification by the Director to a cur- rent spouse of the participant, if any; and (2) only if the express written concurrence of that spouse has been received by the Director. MANDATORY RETIREMENT SEC. 235. (a) The Director may in his discretion place in a retired status any participant who has completed at least twenty-five years of service, or who is at least fifty years of age and has completed at least twenty years of service, provided such participant has not less than ten years of service with the Agency of which at least five shall have been qualifying service. If so retired, such participant shall receive retirement benefits in accordance with the provisions of section 221. (b) Any participant in the system receiving compensation at the rate of grade GS-18 or above shall be automatically separated from the Agency upon reaching the age of sixty-five. Any participant in the system receiving compensation at a rate less than grade GS-18 shall be automatically separated from the Agency upon reaching the age of sixty. Such separation shall be effective on the last day of the month in which a participant reaches age sixty or sixty-five, as specified in this section, but whenever the Director shall deter- mine it to be in the public interest, he may extend such partici- pant's service for a period not to exceed five years. A participant separated under the provisions of this section who has completed five years of Agency service shall receive retirement benefits in ac- cordance with the provisions of section 221 of this title. SEC. 236. The number of participants retiring on an annuity pur- suant to sections 233, 234, and 235 of this title shall not exceed a total of four hundred during the period ending on June 30, 1969, nor a total of twenty-one. hundred during the period beginning on July 1, 1969, and ending on June 30, 1974, nor a total of fifteen hundred during the period beginning on July 1, 1974, and ending on June 30, 1979. PART E-DISPOSITION OF CONTRIBUTIONS AND INTEREST IN EXCESS OF BENEFITS RECEIVED SEC. 241. (a) Whenever a participant becomes separated from the Agency without becoming eligible for an annuity or a deferred an- nuity in accordance with the provisions of this title, the total amount of contributions from his salary with interest thereon at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter compounded annually to December 31, 1956 (or, in the case of a participant separated from the Agency before he has completed five years of service, to the date of separation) and proportionately for the period served during the year of separation including all contributions made during or for such period, except as provided in section 281, shall be returned to him. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 KtIIKtmtni' ACT OF 1964 57 (b) In the event that the total contributions of a retired partici- pant, other than voluntary contributions made in accordance with the provisions of section 281, with interest at the rates provided in paragraph (a) of this section added thereto, exceed the total amount returned to such participant or to an annuitant claiming through him, in the form of annuities, the excess of the accumulat- ed contributions over the accumulated annuity payments shall be paid in the following order of precedence, upon the establishment of a valid claim therefor, and such payment shall be a bar to recov- ery by any other person: (1) To the beneficiary or beneficiaries designated by such participant in a signed and witnessed writing received by the Agency before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other docu- ment not so executed and filed shall have no force or effect; (2) If there be no such beneficiary to the surviving wife or husband of such participant; (3) If none of the above, to the child or children of such par- ticipant and descendants of deceased children by representa- tion; (4) If none of the above, to the parents of such participant or the survivor of them; (5) If none of the above, to the duly appointed executor or administrator of the estate of such participant; (6) If none of the above, to other next of kin of such partici- pant as may be determined by the Director in his judgment to be legally entitled thereto. (c) No payment shall be made pursuant to paragraph (b)(6) of this section until after the expiration of thirty days from the death of the retired participant or his surviving annuitant. PART F-PERIOD OF SERVICE FOR ANNUITIES COMPUTATION OF LENGTH OF SERVICE SEC. 251. (a) For the purposes of this title, the period of service of a participant shall be computed from the date he becomes a partici- pant under the provisions of this title, but all periods of separation from the Agency and so much of any leaves of absence without pay as may exceed six months in the aggregate in any calendar year shall be excluded, except leaves of absence while receiving benefits under chapter 81 of title 5, United States Code, or any earlier stat- ute on which such chapter is based, and leaves of absence granted participants while performing active and honorable military or naval service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States. A participant or former partici- pant who returns to Government duty after a period of separation shall have included in his period of service that part of the period of separation in which he was receiving benefits under chapter 81 of title 5, United States Code, or any earlier statute on which such chapter is based. (b) The Director of Central Intelligence may from time to time establish, in consultation with the Secretary of State, a list of places outside the United States which by reason of climatic or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 5a KEIIKEMENT ACT OF 1964 other extreme conditions are to be classed as unhealthful posts. Each year of duty at such posts, inclusive of regular leaves of ab- sence, shall be counted as one and a half years in computing the length of service of a participant under this title for the purpose of retirement, fractional months being considered as full months in computing such service. No extra credit for service at such un- healthful posts shall be credited to any participant who is paid a differential under section 5925 or 5928 of title 5, United States Code, for such service. PRIOR SERVICE CREDIT SEC. 252. (a) A participant may, subject to the provisions of this section, include in his period of service- (1) civilian service in the executive, judicial, and legislative branches of the Federal Government and in the District of Co- lumbia government, prior to becoming a participant; and (2) active and honorable military or naval service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States prior to the date of the separation upon which title to annuity is based or active and honorable service in the Regular or Reserve Corps of the Public Health Service after June 30, 1960, or as a commissioned officer of the National Oceanic and Atmospheric Administration after June 30, 1961. (b) A participant may obtain prior civilian service credit in ac- cordance with the provisions of paragraph (a)(1) of this section by making a special contribution to the fund equal to the percentage of his basic annual salary for each year of service for which credit is.sought specified with respect to such year in the table relating to employees contained in section 4(c) of the Civil Service Retirement Act (5 U.S.C. 2254(c)), together with interest computed as provided in section 4(e) of such Act (5 U.S.C. 2254(e)) 7. Any such participant may, under such conditions as may be determined in each instance by the Director, pay such special contributions in installments. (c)(1) If an officer or employee under some other Government re- tirement system becomes a participant in the system by direct transfer, the Government's contributions (including interest ac- crued thereon computed at the rate of 3 per centum a year com- pounded annually) under such retirement system on behalf of the officer or employee shall be transferred to the fund and,such offi- cer or employee's total contributions and deposits (including inter- est accrued thereon), except voluntary contributions, shall be trans- ferred to his credit in the fund effective as of the date such officer or employee becomes a participant in the system. Each such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete discharge and acquit- tance of all claims and demands against the other Government re- tirement fund on account of service rendered prior to becoming a participant in the system. 7 The Civil Service Retirement Act was repealed by the law enacting title 5, United States Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter 83 of that title. The provisions of section 4(c) of that Act were codified as section 8334(c) of title 5, and the provisions of section 4(e) were codified as section 8334(e) of title 5. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 RETIREMENT ACT OF 1964 59 (2) If a participant in the system becomes an employee under an- other Government retirement system by direct transfer to employ- ment covered by such system, the Government's contributions (in- cluding interest accrued thereon computed at the rate of 3 per centum a year compounded annually) to the fund on his behalf shall be transferred to the fund of the other system and his total contributions and deposits, including interest accrued thereon, except voluntary contributions, shall be transferred to his credit in the fund of such other retirement system effective as of the date he becomes eligible to -participate in such other retirement system. Each such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete dis- charge and acquittance of all claims and demands against the fund on account of service rendered prior to his becoming eligible for participation in such other system. (3) No participant, whose contributions are transferred to the fund in accordance with the provisions of paragraph (c)(1) of this section, shall be required to make contributions in addition to those transferred for periods of service for which full contributions were made to the other Government retirement fund, nor shall any refund be made to any such participant on account of contributions made during any period to the other Government retirement fund at a higher rate than that fixed for employees by section 4(c) of the Civil Service Retirement Act (5 U.S.C. 2254(c)) 8 for contributions to the fund. (4) No participant, whose contributions are transferred to the fund in accordance with the provisions of paragraph (c)(1) of this section, shall receive credit for periods of service for which a refund of contributions has been made, or for which no contribu- tions were made to the other Government retirement fund. A par- ticipant may, however, obtain credit for such prior service by making a special contribution to the fund in accordance with the provisions of paragraph (b) of this section. (d) No participant may obtain prior civilian service credit toward retirement under the system for any period of civilian service on the basis of which he is receiving or will in the future be entitled to receive any annuity under another retirement system covering civilian personnel of the Government. (e) A participant may obtain prior military or naval service credit in accordance with the provisions of paragraph (a)(2) of this section by applying for it to the Director prior to retirement or sep- aration from the Agency. However, in the case of a participant who is eligible for and receives retired pay on account of military or naval service, the period of service upon which such retired pay is -based shall not be included; except that in the case of a participant who is eligible for and receives retired pay on account of a service- connected disability incurred in combat with an enemy of the United States or caused by an instrumentality of war and incurred in line of duty during a period of war (as that term is used in chap- ter 11 of title 38, United States Code), or is awarded under chapter 67 of title 10 of the United States Code, the period of such military Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 60 RETIREMENT ACT OF 1964 or naval service shall be included. No contributions to the fund shall be required in connection with military or naval service cred- ited to a participant in accordance with the provisions of para- graph (a)(2) of this section. (f) Notwithstanding any other provision of this section or section 253 any military service (other than military service covered by military leave with pay) performed by a participant after Decem- ber 1956 shall be excluded in determining the aggregate period of service upon which an annuity payable under this title to such par- ticipant or to his widow or child is to be based, if such participant or widow or child is entitled (or would upon proper application be entitled) at the time of such determination, to monthly old-age or survivors' benefits under section 202 of the Social Security Act, as amended (42 U.S.C. 402), based on such participant's wages and self-employment income. If in the case of the participant or widow such military service is not excluded under the preceding sentence, but upon attaining age sixty-two, he or she becomes entitled (or would upon proper application be entitled) to such benefits, the ag- gregate period of service upon which such annuity is based shall be redetermined, effective as of the first day of the month in which he or she attains such age, so as to exclude such service. (g) For the purpose of survivor annuity, special contributions au- thorized by paragraph (b) of this section may also be made by the survivor of a participant. CREDIT FOR SERVICE WHILE ON MILITARY LEAVE SEC. 253. (a) A participant who, during the period of any war, or of any national emergency as proclaimed by the President or de- clared by the Congress, has left or leaves his position to enter the military service shall not be considered, for the purposes of this title, as separated from his Agency position by reason of such mili- tary service, unless he shall apply for and receive a refund of con- tributions under this title: Provided, That such participant shall not be considered as retaining his Agency position beyond Decem- ber 31, 1956, or the expiration of five years of such military service, whichever is later. (b) Contributions shall not be required covering periods of leave of absence from the Agency granted a participant while performing active military or naval service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States. ESTIMATE OF APPROPRIATIONS NEEDED SEC. 261. (a) The Director shall prepare the estimates of the annual appropriations required to be made to the fund, and shall cause to be made actuarial valuations of the fund at intervals of five years, or oftener if deemed necessary by him. (b) Any statute which authorizes- (1) new or liberalized benefits payable from the fund under this title, including annuity increases other than under section 291 of this Act; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I nL i inunun' ACT OF 1964 61 (2) extension of the coverage of this title to new groups of employees; or (3) increases in salary on which benefits are computed is deemed to authorize appropriations to the fund to finance the unfunded liability created by that statute in thirty equal annual installments with interest computed at the rate used in the then most recent valuation of the System and with the first payment thereof due as of the end of the fiscal year in which each new or liberalized benefit, extension of coverage, or increase in salary is effective. (c) There is hereby authorized to be appropriated to the fund each fiscal year, beginning with fiscal year 1977 such amounts as may be necessary to meet the amount of normal cost for each year which is not met by contributions under section 211(a). (d) There is hereby authorized to be appropriated to the fund each fiscal year such sums as may be necessary to provide the amount equivalent to (1) interest on the unfunded liability comput- ed for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annuities for that year which the Director estimates is attributable to credit allowed for military service, not to exceed the following percentages of such amounts: 70 per centum for 1977; 80 per centum for 1978; 90 per centum for 1979; and 100 per centum for 1980 and for each fiscal year therafter. INVESTMENT OF MONEYS IN THE FUND SEC. 262. The Director may, with the approval of the Secretary of the Treasury, invest from time to time in interest-bearing securi- ties of the United States such portions of the fund as in his judg- ment may not be immediately required for the payment of annu- ities, cash benefits, refunds, and allowances, and the income de- rived from such investments shall constitute a part of such fund. ATTACHMENT OF MONEYS SEC. 263. (a) Except as provided in subsection (b) of this section, none of the moneys mentioned in this title shall be assignable either in law or equity, or be subject to execution, levy, attach- ment, garnishment, or other legal process. (b) Payments under this title which would otherwise be made to a participant or the child, survivor, or former spouse of a partici- pant based upon the service of the participant shall be paid (in whole or in part) by the Director directly to the participant, or child, survivor, or former spouse of the participant according to the terms of any legally enforceable spousal agreement or recognized court decree of divorce, annulment, or legal separation between the participant and that former spouse, or the terms of any recognized court order or court-approved property settlement agreement inci- dent to any such spousal agreement or court decree of divorce, an- nulment, or legal separation. Any payment under this subsection to a party to a spousal agreement, or court decree of divorce, an- nulment, or legal separation or property settlement agreement in- cident thereto shall bar recovery by any other person. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 uc KtIIKtMtIVI ACT OF 1964 RECOVERY OF PAYMENTS SEC. 264. Recovery of payments under this Act may not be made from an individual when in the judgment of the Director, the indi- vidual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this Act on account of a certification or payment made by a former employee of the Central Intelligence Agency in the discharge of his official duties may be made of the Director certifies that the certifi- cation or payment involved fraud on the part of the former employ- ee. PART H-RETIRED PARTICIPANTS RECALLED, REINSTATED, OR REAPPOINTED IN THE AGENCY, OR REEMPLOYED IN THE GOVERNMENT RECALL SEC. 271. (a) The Director may, with the consent of any retired participant, recall such participant to duty in the Agency whenever he shall determine such recall is in the public interest. (b) Any such participant recalled to duty in the Agency in ac- cordance with the provisions of paragraph (a) of this section or re- instated or reappointed in accordance with the provisions of section 231(b) shall, while so serving, be entitled in lieu of his annuity to the full salary of the grade in which he is serving. During such service, he shall make contributions to the fund in accordance with the provisions of section 211. When he reverts to his retired status, his annuity shall be determined anew in accordance with the provi- sions of section 221. REEMPLOYMENT SEC. 272. Notwithstanding any other provision of law, a partici- pant retired under the provisions of this title shall not, by reason of his retired status, be barred from employment in Federal Gov- ernment service in any appointive position for which he is quali- fied. An annuitant so reemployed shall serve at the will of the ap- pointing officer. REEMPLOYMENT COMPENSATION SEC. 273. (a) Notwithstanding any other provision of law, any an- nuitant who has retired under this title and who is reemployed in the Federal Government service in any appointive position either on a part-time or full-time basis shall be entitled to receive his an- nuity payable under this title, but there shall be deducted from his salary a sum equal to the annuity allocable to the period of actual employment. (b) In the event of any overpayment under this section, such overpayment shall be recovered by withholding the amount in- volved from the salary payable to such reemployed annuitant, or from any other moneys, including his annuity, payable in accord- ance with the provisions. of this title. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ..~ .~.~. ACT OF 1964 63 PART I-VOLUNTARY CONTRIBUTIONS SEC. 281. (a) Any participant may, at his option and under such regulations as may be prescribed by the Director, deposit additional sums in multiples of 1 per centum of his basic salary, but not in excess of 10 per centum of such salary, which amounts together with interest at 3 per centum per annum, compounded annually as of December 31, and proportionately for the period served during the year of his retirement, including all contributions made during or for such period, shall, at the date of his retirement and at his election, be- (1) returned to him in lump sum; (2) used to purchase an additional life annuity; (3) used to purchase an additional life annuity for himself and to provide for a cash payment on his death to a benefici- ary whose name shall be notified in writing to the Director by the participant; or (4) used to purchase an additional life annuity for himself and a life annuity commencing on his death payable to a bene- ficiary whose name shall be notified in writing to the Director by the participant with a guaranteed return to the beneficiary or his legal representative of any amount equal to the cash payment referred to in subparagraph (3) above. (b) The benefits provided by subparagraphs (2), (3), or (4) of para- graph (a) of this section shall be actuarially equivalent in value to the payment provided for by subparagraph (a)(1) of this section and shall be calculated upon such tables of mortality as may be from time to time prescribed for this purpose by the Director. (c) In case a participant shall become separated from the Agency for any reason except retirement on an annuity, the amount of any additional deposits with interest at 3 per centum per annum, com- pounded as is provided in paragraph (a) of this section, made by him under the provisions of said paragraph (a) shall be refunded in the manner provided in section. 241 for the return of contributions and interest in the case of death or separation from the Agency. (d) Any benefits payable to a participant or to his beneficiary in respect to the additional deposits provided under this section shall be in addition to the benefits otherwise provided under this title. PART J-COST-OF-LIVING ADJUSTMENT OF ANNUITIES SEC. 291. (a) On the basis of determinations made by the Director pertaining to per centum change in the Price Index, the following adjustments shall be made: (1) Each annuity payable from the fund under this title on Janu- ary 1, 1967, shall be increased on that date by (a) 12.4 per centum for annuities which commence on or before January 1, 1966, or (b) 4.9 per centum for annuities which commence on or between Janu- ary 2, 1966, and January 1, 1967. (2) Each month beginning with November 1966, the -Director shall determine the per centum change in the price index. Effective the first day.of the third month which begins after the price index shall have equaled a rise of at. least 3 per centum for three consecu- tive months over the price index for the base month, each annuity Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ..L. I..L...411 . ACT OF 1964 payable from the fund under this title which has a commencing date not later than such effective date shall be increased by the per centum rise in the price index (calculated on the highest level of the price index during the three consecutive months) adjusted to the nearest one-tenth of 1 per centum. (b) Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the fund under this title as of the effective date of an increase, except as follows: (1) An annuity (except a discontinued service benefit under sec- tion 234(a)) which- (i) is payable from the fund under this title to a participant who retires, or to the widow or widower of a deceased partici- pant; and (ii) has a commencing date after the effective date of the then last preceding annuity increase under section 291(a); shall not be less than the annuity which would have been payable if the commencing date of such annuity had been the effective date of the then last preceding annuity increase under section 291(a). In the administration of this paragraph, a participant or deceased par- ticipant shall be deemed, for the purposes of section 221(h), to have to his credit, on the effective date of the then last preceding annu- ity increase under section 291(a). A number of days of unused sick leave equal to the number of days of unused sick leave to his. credit on the date of his separation from the Agency. (2) For the purpose of computing the annuity of a child under section 221(c) that commences after October 31, 1969, the items $900, $1,080, $2,700, and $3,240 appearing in section 221(c) shall be increased by the total per centum increases allowed and in force under this section on or after such day, and, in case of a deceased annuitant, the items 60 per. centum and 75 per centum appearing in section 221(c) shall be increased by the total per centum allowed and in force to the annuitant under this section on or after such day. (3) The annuity of each surviving child receiving an annuity under section 221 immediately prior to November 1, 1969, shall be recomputed effective November 1, 1969, in accordance with para- graph (b)(2). No increase allowed and in force prior to such date under section 291 shall be included in the recomputation of any such annuity, and this paragraph shall not operate to reduce any annuity. (4) For the purposes of computing an annuity which commences after January 1, 1967, to a child under section 221(c), the items $600, $720, $1,800, and $2,160 appearing in section 221(c) shall be increased by 10.2 per centum plus the total per centum increase al- lowed and' in force under section 291(a)(2) for employee annuities, and, in the case of a deceased annuitant, the items 40 per centum and 50 per centum appearing in section 221(c) shall be increased by the total per centum increase allowed and in force under this sec- tion to the annuitant at death; or if death occurred between Janu- ary 1, 1967, and date of enactment, the per centum increase the an- nuitant would have received. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0. ACT OF 1964 65 (c) Any annuity increased under this section shall be decreased by the amount of increase in force and effect with respect to that annuity under section 291 prior to the date of -enactment of this subsection. (d) The term "price index" shall mean the Consumer Price-Index (all items-United States city average) published monthly by the Bureau of Labor Statistics. The term "base month" shall mean the month of October 1966 for the first increase under section 291(a)(2) and thereafter the month for which the price index- showed a per centum rise forming the basis for a cost-of-living annuity increase. (e) No increase in annuity provided by this section shall be com- puted on any-additional annuity purchased at retirement by volun- tary contributions. (f) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar, except that such installment shall, after adjustment, reflect an increase of at least $1. PART K-CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM AUTHORITY TO MAINTAIN EXISTING AREAS OF CONFORMITY BETWEEN CIVIL SERVICE AND CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEMS SEC. 292. (a) Whenever the President determines that it would be appropriate for the purpose of maintaining existing conformity be- tween the Civil Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System with respect to substantially identical provisions, he may, by Executive order, extend to current or former participants in the Central In- telligence Agency Retirement and Disability System, or to their survivors, a provision of law enacted after January 1, 1975, which: (1) amends subchapter III, chapter 83, title 5, United States Code, and is applicable to civil service employees generally, or (2) otherwise affects current or former participants in the Civil Service Retirement and Disability System, or their survi- vors. Any such order shall extend such provision of law so that it applies in like manner with respect to such Central Intelligence Agency Retirement and Disability System participants, former partici- pants, or survivors. Any such order shall have the force and effect of law 'and may be given retroactive effect to a date not earlier than the effective date of the corresponding provision of law appli- cable to employees under the Civil Service Retirement System. (b) Any provisions of an Executive order issued pursuant to this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith- (1) all provisions of law enacted prior to the effective date of the provision of such Executive order, and (2) any prior provision of an Executive order issued under authority of this section. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 bb RETIREMENT ACT OF 1964 THRIFT SAVINGS FUND PARTICIPATION BY PARTICIPANTS IN THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM SEC. 293. (a) Participants in the Central Intelligence Agency Re- tirement and Disability System shall be deemed to be employees for the purposes of section 8351 of title 5, United States Code. (b) Subsections (k) and (m) of section 8461 of title 5, United States Code, shall apply with respect to contributions made by officers and employees of the Agency to the Thrift Savings Fund under sec- tion 8351 of such title, and to earnings attributable to the invest- ment of such contributions. ALTERNATIVE FORMS OF ANNUITIES SEC. 294. (a) The Director shall prescribe regulations under which an officer or employee of the Agency may, at the time of retiring under this title (other than under section 231), elect annuity bene- fits under this section instead of any other benefits under this title (including any survivor benefits under this title) based on the serv- ice of the officer or employee creditable under this title. The regu- lations and alternatives shall, to the maximum extent practicable, meet the requirements prescribed in section 8343a of title 5, United States Code. (b) Notwithstanding any other provision of law, any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits provided under such subsection. (c) The Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. TITLE III-PARTICIPATION IN THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM APPLICATION OF FEDERAL EMPLOYEES' RETIREMENT SYSTEM TO AGENCY EMPLOYEES SEC. 301. (a) Except as provided in subsections (b) and (c), all offi- cers and employees of the Agency, any of whose service after De- cember 31, 1983, is employment for the purpose of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954, .shall be subject to chapter 84 of title 5, United States Code. (b) Participants in the Central Intelligence Agency Retirement and Disability System who were participants in such system on or before December 31, 1983, and who have not had a break in service in excess of 1 year since that date, are not subject to chapter 84 of title 5, United States Code, without regard to whether they are sub- ject to title II of the Social Security Act. (c)(1) The provisions of chapter 84 of title 5, United States Code, shall not apply with respect to- (A) any individual who separates, or who has separated, from Federal Government service after having been an officer or employee of the Agency subject to title II of this Act; and (B) any officer or employee of the Agency having at least 5 years of civilian service which was performed before January Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 .~ .~.~. ACT OF 1964 67 1, 1987, and is creditable under title II of this Act (determined without regard to any deposit or redeposit requirement under subchapter III of chapter 83 of title 5, United States Code, or under title II of this Act, or any requirement that the individ- ual become subject to such subchapter or to title II of this Act after performing the service involved). (2) Paragraph (1) shall not apply with respect to an individual who has elected under regulations prescribed under section 307 of this Act to become subject to chapter 84 of title 5, United States Code to the extent provided in such regulations. (3) An. individual described in paragraph (1) shall be deemed to be an individual excluded under section 8402(b)(2) of title 5, United States Code. (d) The application of the provisions of chapter 84 of title 5, United States Code, to officers and employees referred to in subsec- tion (a) shall be subject to the exceptions and special rules provided in this title. Any provision of such chapter which is inconsistent with a special rule provided in this title shall not apply to such of- ficers and employees. SPECIAL RULES RELATING TO SECTION 203 CRITERIA EMPLOYEES SEC. 302. (a) Except as otherwise provided in this section, in the application of chapter 84 of title 5, United States Code, to an officer or employee of the Agency who is subject to such chapter and is designated by the Director under the criteria prescribed in section 203, such officer or employee shall be treated for purposes of deter- mining such officer's or employee's retirement benefits and obliga- tions under such chapter as if the officer or employee were a law enforcement officer (as defined in section 8401(17) of title 5, United States Code). (b) The provisions of sections 233 and 235 of this Act shall apply to officers and employees referred to in subsection (a), except that the retirement benefits shall be determined under the provisions of chapter 84 of title 5, United States Code. (c)(1) Except as provided in paragraph (2), section 271 of this Act shall apply to an officer or employee referred to in subsection (a). (2) Contributions during recall service shall be made as provided in section 8422 of title 5, United States Code. (3) When an officer or employee recalled under this subsection reverts to a retired status, the annuity of such officer or employee shall be redetermined under the provisions of chapter 84 of title 5, United States Code. SPECIAL RULES FOR OTHER EMPLOYEES FOR SERVICE ABROAD SEC. 303. (a) Notwithstanding any provision of chapter 84 : of title 5, United States Code, the annuity under subchapter II of such chapter of a retired officer or employee of the Agency who is not designated under section 302(a) of this Act and has served abroad as an office or employee of the Agency shall be computed as provid- ed in subsection (b). (b)(1) The portion of the annuity relating to service abroad per- formed on or after the effective date of the Federal Employees' Re- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 68 RETIREMENT ACT OF 1964 tirement System Act of 1986 shall be compu tion 8415(d) of title 5, United States Code. (2) The ortions of the annuit relatin t p y g Agency shall be computed as provided in th t 8415 of such title that is applicable to such sE ' Ions prescribed in chapter 84 of such title. ted as provided in sec- o other service in the e provision of section SPECIAL RULES FOR FORMER SPOUSES SEC. 304. (a) Section 8445 of title 5, United States Code, and sub- sections (d) and (e) of section 8435 of such title shall not apply in the case of an officer or employee of the Agency who is subject to chapter 84 of title 5, United States Code, and who has a former spouse (as defined in section 204(b)(4) of this Act). Any reference in such chapter to a survivor annuity for a former spouse, as applied to such officer or employee, shall be deemed to refer to a survivor annuity for a former spouse of such officer or employee provided under subsection (c) of this section. (b) Section 221(b)(1)(C) of this Act shall apply to a survivor annu- ity under subsection (c)(2) of this section. (c) Except as otherwise provided in this section, the following provisions of title II of this Act shall apply in the case of an officer or employee of the Agency who is entitled to receive an annuity under subchapter II, III, or V of chapter 84 of title 5, United States Code, in the same manner as such provisions apply in the case of an officer or employee of the Agency under title II: (1) Section 222, except that subsections (b) and (c) of such sec- tion shall be subject to a waiver under subsection (b) of this section. (2) Subsections (a), (b)(1), and (b)(3) of section 223 and the first sentence of subsection (c) of such section. (3) Subsections (c) and (d) of section 234 (in the case of any lump-sum payment under section 8424(a) of title 5, United States Code, and any payment under subsection (b)(3), (b)(4), (c)(3), (c)(4), or (d) of section 8433 of such title). (4) Section 263(b). (d) In the application of section 222(a) under subsection (c)(1)- (1) the reference in paragraph (4)(B) of such section to section 271, 272, or 273 of this Act shall be deemed to refer to any similar provision of law applicable to such officer or employee for purposes of chapter 84 of title 5, United States Code; (2) the amount of the reduction in the salary of a recalled or reinstated officer or employee under such paragraph (4)(B) shall be only the amount by which the annuity under subchap- ter II or V of chapter 84 of title, 5, United States Code, would have been reduced; and (3) amounts to be deposited in the Treasury of the United States pursuant to such paragraph (4)(B) shall be credited to the Civil Service Retirement and Disability Fund. (e) In the application of subsections (b) and (c) of section 222 under subsection (c)(2)- (1) the percentage prescribed in subsections (b)(1)(A), (b)(1)(B), (b)(4)(A), and (c)(2) of such section shall be deemed to be 50 per- cent; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 _0 . ACT OF 1964 69 (2) for the purpose of computing the amount of the former spouse's annuity under subsection (b)(1) of such section and the maximum amount of survivor annuities under subsection (b)(4) or (c)(2) of such section, the full amount of the deceased offi- cer's or employee's annuity- (A) in the case of an annuity under subchapter II or V of chapter 84 or title 5, United States Code, is the amount of such annuity computed without regard to the reduction for survivor annuities; and (B) in the case of an annuity under subchapter III of such chapter, is the amount of such annuity computed on an actuarial basis as provided in such subchapter taking into account the application of section 222(b)(1) in the case of such annuity; (3) an election under subsection (b)(5)(B) of such section shall apply with respect to a survivor annuity for a spouse under section 8442 of title 5, United States Code; (4) the reference in subsection (c)(2) of such section to a survi- vor annuity for a spouse shall be deemed to refer- (A) in the case of an annuity under subchapter II or V of chapter 84 of title 5, United States Code;--to the -survivor annuity provided in section 8442 of title 5, United States Code; and (B) in the case of an annuity under subchapter III of such chapter, to the survivor annuity described in section 8435(c) of such title; and (5) the fund referred to in subsections (c)(3)(A) and (c)(3)(B) of such section shall be deemed to refer- (A) in the case of an annuity under subchapter II or V of chapter 84 of title 5, United States Code, to the Civil Serv- ice Retirement and Disability Fund; and (B) in the case of an annuity under subchapter II of such chapter, the Thrift Savings Fund established by section 8437 of such title. (f) A reduction in the annuity of an officer or employee of the Agency to provide a survivor annuity or survivor annuities under this section shall be computed as provided in section 8419(a) of title 5, United States Code. (g) The entitlement of a former spouse to a portion of an annuity of a retired officer or employee of the Agency under this section shall extend to any supplemetary annuity payment that such offi- cer or employee is entitled to receive under section 8421 of title 5, United States Code. ADMINISTRATIVE PROVISIONS SEC. 305. (a) Section 201(c) of this Act shall apply in the adminis- tration of chapter 84 of title 5, United States Code, with respect to officers and employees of the Agency. (b) Notwithstanding subsection (a), section 8461(e). of title 5, United States Code, shall apply with respect to officers and employ- ees of the Agency who are not participants in the Central Intelli- gence Agency Retirement and Disability System and are not desig- nated under section 302(a) of this Act. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 /o RETIREMENT ACT OF 1964 REGULATIONS SEC. 306. (a) The Director, in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board, shall prescribe in regulations appropriate procedures to carry out this title. (b) the Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. TRANSITION PROVISIONS SEC. 307. (a) The Director shall issue regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees' Retirement System provided in chapter 84 of title 5, United States Code, in a manner consistent with sections 301 through 304 of the Federal Employees' Retirement System Act of 1986. (b) The Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. Laws and Executive Orders Modifying the Central Intelligence Agency Retirement and Disability System (Act of October 17, 1976, 90 Stat. 2472, 50 U.S.C. 403 note) SEC. 214. (a) An annuity payable from the Central Intelligence Agency Retirement and Disability Fund to an annuitant which is based on a separation occurring prior to October 20, 1969, is in- creased by $240 per annum. (b) In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the Central Intelligence Agency Retirement and Disability Fund to the surviving spouse of an annuitant, which is based on a separation occurring prior to Oc- tober 20, 1969, shall be increased by $132 per annum. (c) The monthly rate of an annuity resulting from an increase under this section shall be considered as the monthly rate of annu- ity payable under section 221(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note) for purposes of computing the mini- mum annuity under new section 221(1) of the Act, as added by sec- tion 204 of this Act. EXECUTIVE ORDER No. 11950. CONFORMING CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS RESPECTING COST OF LIVING ADJUSTMENTS (January 6, 1977, 42 F.R. 1451, 50 U.S.C. 403 note) By virtue of the authority vested in me by section 801(c) of the Department of Defense Appropriation Authorization Act, 1977 (90 Stat. 929; 10 U.S.C. 1401a note), Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : 'CIA-RDP90-00530 R000300580001 -0 section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (90 Stat. 2472; 50 U.S.C. 403 note), and as President of the United States of America, it is hereby ordered as follows: SECTION 1. The Director of Central Intelligence shall: (a) on January 1 of each year, or within a reasonable time thereafter, deter- mine the percent change in the price index published for December of the pre- ceding year over the price index published for June of the preceding year, and (b) on July 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for June of such year over the price index published for December of the preceding year. SEC. 2. If in any year the percent change determined under either section 1(a) or 1(b) indicates a rise in the price index then: (a) effective March 1 of such year, in the case of an increase under section 1(a), each annunity payable from the Central Intelligence Agency Retirement and Disability Fund having a commencing date not later than such March 1 shall be increased by the percent change computed under such paragraph ad- justed to the nearest 1/1o of 1 percent, or (b) effective September 1 of such year, in the case of an increase under section 1(b), each annuity payable from the Central Intelligence Agency Retirement and Disability Fund having a commencing date not later than such September 1 shall be increased by the percent change computed under such paragraph, ad- justed to the nearest 1/io of 1 percent. SEC. 3. The changes made by sections 1 and 2 of this order shall apply to any in- crease in annuities after October 1, 1976, except that with respect to the first date after October 1, 1976 on which the Director is to determine a percent change, such percent change shall be determined by computing the change in the price index published for the month immediately preceding such first date over the price index for the month immediately prior to October 1, 1976 for which the price index showed a percent rise forming the basis of a cost of living annuity increase under section 291(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as in effect immediately prior to October 1, 1976. EXECUTIVE ORDER No. 12023. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS (December 1, 1977, 42 F.R. 61443, 50 U.S.C. 403 note) By virtue of the authority vested in me by Section 202 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (90 Stat. 2472; 50 U.S.C. 403 note), and as President of the United States of America, it is hereby ordered as fol- lows: SECTION 1. The Director of Central Intelligence, hereafter referred to as the direc- tor, shall maintain the Central Intelligence Agency Retirement and Disability System and the Ceneral Intelligence Agency Retirement and Disability Fund, here- after referred to as the Fund, in accordance with the following principles: (a) None of the moneys mentioned in the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043, as amended; 50 U.S.C. 403 note), shall be assignable, either in law or equity, except under the provisions of subsection (b) of this Section, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws. (b) An individual entitled to an annuity from the Fund may make allotments or assignments of amounts of such annuity for such purposes as the Director in his sole discretion considers appropriate. (c) No payment shall be made from the Fund unless an application for benefits based on the service of the participants is received by the Director before the one hundred and fifteenth anniversary of the participant's birth. (d) Notwithstanding the provisions of subsection (c) of this Section, after the death of a participant or annuitant, no benefit based on the service of such person shall be paid from the Fund unless an application therefore is received by the Director within 30 years after the death or other event which gives rise to title to benefit. (e) Sums deducted from the salaries pursuant to Section 273 of the Central Intelli- gence Agency Retirement Act of 1964 for Certain Employees (78 Stat. 1053; 50 U.S.C. 403 note) shall be deposited in the Treasury of the United States to the credit of the Fund. SEC. 2. The provisions of this Order are effective as follows: Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 is KLIIKLMLNT ACT OF 1964 (a) The provisions of sections 1(a) and 1(b) are effective as of December 23, 1975. (b) The provisions of sections 1(c) and 1(d) are effective as of December 31, 1975. (c) The provisions of section 1(e) are effective as of October 1, 1976, and shall apply to annuitants serving in appointed positions on and after that date. SEC. 3. The Director of Central Intelligence is authorized to prescribe such regula- tions as are necessary to carry out the provisions of this Order. JIMMY CARTER. EXECUTIVE ORDER 12197. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (March 5, 1980, 50 U.S.C. 403 note) By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to conform the Central Intelligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System (Public Law 95-317 and Public Law 95-366), it is hereby ordered as follows: 1-101. The Director of Central Intelligence shall maintain the Central Intelligence Agency Retirement and Disability System in accordance with the following princi- ples: (a) The automatic restoration of the reduction in the annuity of the annuitant upon his or her remarriage shall be eliminated and the annuitant shall be al- lowed to elect, upon such remarriage, whether to provide a survivor annuity for the new spouse. The annuitant's election shall be irrevocable during the remar- riage, and must be made in a signed writing and received by the Director within one year after the date of the remarriage. If the annuitant makes such an election, his or her annuity shall be reduced by the same percentage reduc- tion which was in effect immediately before the dissolution of the previous mar- riage, and such reduction shall take effect on the first day of the month begin- ning one year after the date of the remarriage. (b) The reduction in the annuity of an annuitant shall be restored when a person designated as having an insurable interest in the annuitant predeceases the annuitant. Payment of the annuity at the single-life rate shall be effective the first day of the month following the death of the individual designated as having had the insurable interest. (c) An annuitant who was unmarried at the time of retirement but who mar- ries after retirement shall be allowed to irrevocably elect, in a signed writing received by the Director within one year after the date of the marriage, a reduc- tion in his or her annuity to provide a survivor annuity for his or her spouse. Such reduction shall be effective the first day of the month beginning one year after the date of marriage. An election to provide an annuity to a surviving spouse made under this provision, voids prospectively any previous election to provide a survivor annuity to an individual named as having an insurable inter- est in the annuitant. Since the annuity reduction for the benefit of a surviving spouse will not take effect until the first day of the month beginning one year after the date of the marriage, any annuity reduction in effect for an insurable interest benefit will not terminate until such date. (d) Each annuitant shall be informed, on an annual basis, of such annuitant's rights of election under this Order. (e) Payments to an annuitant which are based upon his or her service shall be paid, in whole or in part by the CIA Retirement and Disability System to an- other person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this provision to a person bars recovery by any other person. This provision shall only apply to payments made after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional informa- tion and documentation as the Director may prescribe. As used in this subsec- tion "court" means any court of any State or the District of Columbia. 1-102. (a) The provisions of Section 1-101(a) are effective as of October 1, 1978, and shall apply with respect to annuities which commence before, on, or after Octo- ber 1, 1978. No monetary benefit by reason of such provision shall accrue for any period before such effective date. The provisions of Section 1-101(a) of this Order Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 KLIIKLMLM ACT OF 1964 73 shall not affect the eligibility of any individual to a survivor annuity in the case of an annuitant who remarried before October 1, 1978, unless the annuitant notifies the Director in a signed writing received by the Director no later than December 31, 1980, that such annuitant does not desire the spouse of the annuitant to receive a survivor annuity in the event of the annuitant's death. Such notification shall take effect the first day of the first month after it is received by the Director. (b) The provisions of Section 1-101(b) and (c) are effective as of October 1, 1978, and shall apply with respect to annuities which commence before, on, or after Octo- ber 1, 1978. No monetary benefit by reason of such provisions shall accrue for any period before such effective date. (c) The provisions of Section 1-101 (d) and (e) are effective immediately. 1-103. The Director of Central Intelligence is authorized to prescribe such regula- tions as are necessary to carry out the provisions of this Order. EXECUTIVE ORDER 12253. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (November 25, 1980, 50 U.S.C. 403 Note) By the authority vested in me as President of the United States of America by Section 292 for Certain Intelligence Agency Retirement Act of 1964 for Certain Em- ployees, as amended (50 U.S.C. 403 note), and in order to conform the Central Intel- ligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System (Public Law 96-179), it is hereby or- dered as follows: 1-101. The Director of Central Intelligence shall maintain the Central Intelligence Agency Retirement and Disability system in accordance with the following: (a) Eliminate the "living with" requirement in the case of recognized natural chil- dren. (b) Add a requirement of dependency to the definition of child and define "depend- ent" as follows: "Dependent," in the case of any child, means that the participant involved was, at the time of the participant's death, either living with or contribut- ing to the support of such child, as determined in accordance with such regulations as the Director shall prescribe. 1-102. The provisions of Section 1-101 are effective as of January 2, 1980. 1-103. The Director of Central Intelligence is authorized to prescribe such regula- tions as are necessary to carry out the provisions of this Order. JIMMY CARTER. EXECUTIVE ORDER 12273. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (January 16, 1981, 5 U.S.C. 403 Note) By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to further conform the Central Intelligence Agency Retirement and Disability System to certain amend- ments to the Civil Service Retirement and Disability System, it is hereby ordered as follows: 1-101. Section 291(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended (a) by striking out paragraph (1) thereof, and (b) by inserting in lieu thereof the following: "(1) The fast cost-of-living increase (if any) made to an annuity which is payable from the Central Intelligence Agency Retirement and Disability Fund to a partici- pant who retires, or to the widow or widower of a deceased participant, shall be equal to the product (adjusted to the nearest of I& of one percent) of: a. I/s of the applicable percent change computed under subsection (a) of this Sec- tion, multiplied by b. the number of full months for which the annuity was payable from the Fund before the effective date of the increase (counting any portion of a month as a full month)." Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001.0 ACT OF 1964 1-102. The amendment made by subsection 1-101(a) hereof shall apply with re- spect to annuities commencing after January 19, 1981. EXECUTIVE ORDER 12326. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (September 30, 1981, 5 U.S.C. 403 Note) By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for certain Employees, as amended (50 U.S.C. 403 note), and in order to conform further the Central Intelligence Agency Retirement and Disability System to certain amend- ments in the Civil Service Retirement and Disability System, it is hereby ordered as follows: SECTION 1. Section 221(bXl) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by insert- ing the following after the last sentence of that paragraph: Any written notification (or designation) by any participant under this section shall not be considered valid unless the participant establishes to the satisfaction of the Director (a) that the spouse has been notified of the loss of or reduction in survi- vor benefits or (b) that the participant has complied with such notification require- ments as the Director shall, by regulation, prescribe." SEC. 2. Section 231(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by deleting the first sentence thereof, and inserting in lieu thereof the following: "Any participant who has five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with pro- visions of section 251 or 252(a)(2) and who has become disabled shall, upon his own application or upon order of the Director, be retired on an annuity computed as pre- scribed in section 221. A participant shall be considered to be disabled only if the participant is found by the Director to be unable, because of disease or injury, to render useful and efficient service in the participant's position and is not qualified for reassignment, under procedures prescribed by the Director, to a vacant position which is in the Agency at the same grade or level and in which the participant would be able to render useful and efficient service." SEC. 3. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by inserting after subsection (1) thereof the following new subsection: "(m) If a participant retiring under section 231 of this Act is receiving retired pay or retainer pay for military service (except that specified in section 252(e)) or Veter- ans Administration pension or compensation in lieu of such retired or retainer pay, the annuity of that participant shall be computed under subsection (a) of this sec- tion, excluding credit for such military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is re- ceived, or which would be received but for the application of the limitation in Sec- tion 5532 of Title 5 of the United States Code, or the Veterans Administration pen- sion or compensation in lieu of such retired or retainer pay, is less than the annuity that would otherwise by payable under Section 231, an amount equal to the differ- ence shall be added to the annuity payable under subsection (a) of this Section." SEC. 4. Section 291(a) and (b)(1) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended to read as follows: "(a) On the basis of determination made by the Director pertaining to per centum change in the Price Index, the following adjustments shall be made: "(1) Except as provided in subsection (b) of this Section, effective March 1 of each year each annuity payable from the Fund having a commencing date not later than such March 1 shall be increased by the percent change in the Price Index published for December of the preceding year, adjusted to the nearest one-tenth of one per- cent. "(b) Eligibility for an annuity increase under this Section shall be governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows: "(1) The first cost-of-living increase (if any) made under subsection (a) of this Sec- tion to an annuity which is payable from the Fund to a participant who retires or to the widow or widower of a deceased participant whose annuity has not been in- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 RETIREMENT ACT OF 1964 75 creased under this subsection or subsection (a) of this Section, shall be equal to the product (adjusted to the nearest one-tenth of one percent) of- (A) one-twelfth of the applicable percent change computed under subsection (a) of this Section, multiplied by (B) the number of months (counting any portion of a month as a month)- (i) for which the annuity was payable from the Fund before the effective date of the increase, or (ii) in the case of a widow or widower of a deceased annuitant whose an- nuity was first payable to the deceased annuitant." SEC. 5. For the purpose of ensuring the accuracy of information used in the ad- ministration of the Central Intelligence Agency Retirement and Disability System, the Director of Central Intelligence may request, from the Secretaries of Defense, Health and Human Services, and Labor, and the Administrator of Veterans Affairs, such information as the Director deems necessary. To the extent permitted by law: (a) The Secretary of Defense or the Secretary's designee shall provide information on retired or retainer pay provided under Title 10 of the United States Code; (b) The Administrator of Veterans Affairs shall provide information on pensions or compensation provided under Title 38 of the United States Code; (c) The Secretary of Health and Human Services or the Secretary's designee shall provide information contained in the records of the Social Security Administration; and (d) The Secretary of Labor or the Secretary's designee shall provide information on benefits paid under subchapter I of Chapter 81 of Title 5 of the United States Code. The Director, in consultation with the officials from whom information is request- ed, shall ensure- that information made available under this section is used only for the purpose authorized. SEC. 6. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by adding thereto a new subsection (e) as follows: "(eX1) The Director shall, in accordance with the subsection, enter into an agree- ment with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Director shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, (e) Section 5 shall be efffective as of August 13, 1981, and shall apply to annuities which commence before, on, or after such date. (f) Section 6 shall be effective as of October 1, 1981. ExEcu'rwz ORDER 12443, CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (September 27, 1983, 50 U.S.C. 403 note) By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to conform further the Central Intelligence Agency Retirement and Disability System to certain amend- ments in the Civil Service Retirement and Disability System pursuant to Public Laws 97-253, 97-346, and 97-377, it is hereby ordered as follows: SECTION 1. Section 231(bX2) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended to read as follows: "(bX2) If the annuitant receiving disability retirement annuity is restored to earn- ing capacity, before becoming sixty years of age, payment of the annuity terminates on reemployment by the Government or 180 days after the end of the calendar year in which earning capacity is restored, whichever is earlier. Earning capacity is re- stored if in any calendar year the income of the annuitant from wages or self-em- ployment or both equals at least 80 per centum of the current rate of pay of the position occupied at the end of retirement. SEC. 2. Section 5 of Executive Order 12326 of September 30, 1981, which previous- ly amended the Central Intelligence Agency Retirement Act of 1964 for Certain Em- ploryees, as amended, shall be deemed to be amended to read as follows: `SEC. 5. For the purpose of ensuring the accuracy of information used in the ad- ministration of the Central Intelligence Agency Retirement and Disability System, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0,; ACT OF 1964 the Director of Central Intelligence may request, from the Secretaries of Defense, Health and Human Services, and Labor, and the Administrator of Veterans Affairs, such information as the Director deems necessary. To the extent permitted by law: "(a) The Secretary of Defense or the Secretary's designee shall provide informa- tion on retired or retainer pay provided under Title 10 of the United States Code; "(b) The Administrator of Veterans Affairs shall provide information on pensions or compensation provided under Title 38 of the United States Code; "(c) The Secretary of Health and Human Services or the Secretary's designee shall provide information contained in the records of the Social Security Adminis- tration; and "(d) The Secretary of Labor or the Secretary's designee shall provide information on benefits paid under subchapter I of Chapter 81 of Title 5 of the United States Code. "The Director, in consultation with the officials from whom information is re- quested, shall ensure that information made available under this Section is used only for the purposes authorized." SEC. 3. Section 281(a) of the Central Intelligence Retirement Act of 1964 for Cer- tain Employees, as amended, shall be deemed to be amended by inserting after "at 3 per centum per annum" the following: "through December 31, 1984, and thereafter at the rate computed under Section 8334(e) of Title 5 of the United States Code." SEC. 4. Section 221(k) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended to read as fol- lows: "(k) For the purpose of an annuity computed under this section, the total service of any participant shall not include any period of civilian service on or after October 1, 1982, for which retirement deductions or deposits have not been made under sec- tion 252(b), unless the participant makes a deposit for such period as provided in section 252, or no deposit is required for such service as provided under Section 8334(g) of Title 5 of the United States Code, or under any statute." SEC. 5. Section 241(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended to read as fol- lows: "(a) Whenever a participant becomes separated from the Agency, or is transferred to a position in which he is not subject to this Act, for at least thirty-one consecutive days without becoming eligible for an annuity in accordance with the provisions of this Act, the total amount of contributions from his salary with interest thereon at 4 percent per year to December 31, 1947, and 3 percent per year thereafter com- pounded annually to December 31, 1956, except as provided in section 281, shall, upon application, be returned to him. The return of contributions shall be made only if the participant is not reemployed in a position in which he is subject to this Act at the time he files the application for refund and will not become eligible for an annuity within thirty-one days after filing such application. The receipt of the payment of the lump-sum credit by the participant voids all annuity rights under the Act based on the service on which the lump-sum credit is based, until the partic- ipant is reemployed in the service subject to the Act. The payment of the lump-sum credit shall include amounts deposited by a participant covering earlier service as well as any amounts deposited under section 252(h).' SEC. 6. Section 291(f) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by striking out "fixed at the nearest" and inserting "rounded to the next lowest" in lieu thereof. SEC. 7. Section 221(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by adding the following at the end thereof: "Each annuity shall be stated as an annual amount, one twelfth of which, round- ed to the next lowest dollar, constitutes the monthly rate payable on the first busi- ness day of the month after the month or other period for which it has accrued." SEC. 8. Section 221(i) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended to read as fol- lows: "(i) Except as otherwise provided, the annuity of a participant shall commence on the first day of the month after separation from the service, or on the first day of the month after pay ceases and the service and age requirements for title to an an- nuity are met. With respect to those participants who serve three days or less in the month of retirement, the annuity will commence on the day after separation or the day after pay ceases and the service and age requirements for title to an annuity are met. The annuity of a participant involuntarily separated from the service, except for removal for cause on charges of misconduct or delinquency, or of a partic- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 RETIREMENT ACT OF 1964 77 ipant retiring due to a disability shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability require- ments for title to an annuity are met. Any other annuity payable from the Fund shall commence on the first day of the month after the occurrence of the event on which payment thereof is based." SEC. 9. Section 252(e) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by inserting "(1)" before the first sentence thereof, by inserting "(2)" before the second sentence thereof and by striking out "chapter 11" and inserting "section 301" in lieu thereof, by deleting the last sentence thereof and by adding the following paragraph (3): "(3) Except as provided in paragraphs (1) and (2) of this subsection, the service of an individual who first becomes a Federal employee before October 1, 1982 shall in- clude credit for each period of military service performed before the date of the sep- aration on which the entitlement to an annuity under this subsection is based, sub- ject to section 252(f); and the service of an individual who first becomes a Federal employee on or after October 1, 1982 shall include credit for: "(i) each period of military service performed before January 1, 1957, and "(ii) each period of military service performed after December 31, 1956, and before separation on which the entitlement to annuity under this section is based, only if a deposit (with interest, if any) is made with respect to that period as provided in sub- section (h) of this section." SEC. 10. Section 252(1) of the Central Intelligence Agency Retirement Act of 1964 for Certain employees, as amended, shall be deemed to be amended by inserting "(1)" after "(f)" and adding new paragraphs (2) and (3) as follows: "(2) The provisions of paragraph (1) above relating to credit for military service shall not apply to- "(A) any period of military service of a participant with respect to which he or she has made a deposit with interest, if any, under section 252(e) of this Act; or "(B) the military service of any participant who has been awarded retired pay on account of a service-connected disability caused by an instrumentality of war and incurred in the line of duty during a period of war as that term is defined in section 301 of Title 38 of the United States Code." "(3) The annuity recomputation required by paragraph (1) above shall not apply to any individual who was entitled to an annuity under this section on or before Sep- tember 8, 1982. Instead of an annuity recomputation, the annuities of such individ- uals shall be reduced at age 62 by an amount -equal to a fraction of their Social Security benefit. This reduction shall be computed by multiplying their monthly Social Security benefit by a fraction, the numerator of which is their total military wages that were subject to Social Security deductions and the denominator of which is their total lifetime wages, including military wages, that were subject to Social Security deductions. The reductions so computed shall not be permitted to be great- er than the reductions that will be required by paragraph (1) if that paragraph ap- plied to the individual for that period. The new formula shall be applicable to all annuity payments payable after October 1, 1982, including annuity payments to those individuals who had previously reached age 62 and whose annuities had al- ready been recomputed." SEC. 11. Section 252 of the Central Intelligence Agency Retirement Act of 1964 for certain Employees, as amended, shall be deemed to be amended by adding a new subsection (h) as follows: "(hXl) Each participant who has performed military service before the date of sep- aration on which the entitlement to any annuity under this section is based may pay, in accordance with rules issued by the Director, to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of Title 37 of the United States Code to the participant for each period of military service after December, 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide, or if the Director or his designee determines sufficient evidence has not been provided to adequately de- termine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4)." "(2) Any deposit made under paragraph (1) of this subsection more than two years after the later of- (A) October 1, 1982; or (B) the date on which the participant making the deposit first becomes an em- ployee of the Federal government-shall include interest on such amount com- puted and compounded annually beginning on the date of expiration of the two- year period. The interest rate that is applicable in computing interest in any Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ?~ n~n~mu~i ACT OF 1964 year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (b) of this section." "(3) Any payment received by the Agency under this subsection shall be immedi- ately remitted to the Office of Finance for deposit in the Treasury of the United States to the credit of the CIARDS Fund. "(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Director as the Director may determine to be neces- sary for the administration of this subsection." SEC. 12. Section 261(d)(2) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by adding after the words "allowed for military service" the following: ", less an amount deter- mined by the Director to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 252(e), and." SEC. 13. Section 235(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by deleting the final sentence thereof and substitutin the following wording: "A participant who is separated involuntarily from service, except by removal for cause on charges of misconduct or delinquency, is entitled to an annuity only if the participant has not declined a reasonable offer of another position for which he or she is qualified, which is not lower than two grades below his or her current posi- tion and which is in the same commuting area. Voluntary early retirements will be permitted only if a major reorganization, reduction in force, or transfer of function will result in a significant number of participants being separated or immediately reduced in pay. Participants retired under this subsection shall receive retirement benefits in accordance with the provisions of section 221." SEC. 14. Section 291 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by adding a new subsection (g) as follows: "(g)(1) An annuity shall not be increased by reason of an adjustment under this section to an amount which exceeds the greater of- "(A) the maximum pay payable for GS-15 thirty days before the effective date of the adjustment under this section; or "(B) the final pay (or average pay, if higher) of the participant with respect to whom the anniuty is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the General Schedule under sub- chapter I of chapter 53 of Title 5 of the United States Code during the period- (i) beginning on the date the annuity commenced (or,. in the case of a sur- vivor of the participant, the date of the participant's annuity commenced), and (ii) ending on the effective date of the adjustment under this section. "(2) For the purposes of paragraph (1) of this subsection, `pay' means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds." SEC. 15. Section 252(g) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by deleting "paragraph (b)" and inserting "paragraphs (b), (c)(4), and (h)" in lieu thereof. SEC. 16. The amendments made by this Order shall be effective as follows: (a) Section 2, 5, 9, 19,' 12 and 13 shall be effective October 1, 1982. (b) Section 1 shall be effective October 1, 1982 but shall apply only with respect to income earned after December 31, 1982. (c) Section 3 shall apply with respect to deposits for service performed on or after October 1, 1982, and with respect to funds for which application is received on or after such date. The provisions of section 252, as in effect on September 7, 1982, shall continue to apply with respect to periods of service and refunds for which ap- plication was received on or before September 30, 1982. (d) Section 4 shall apply with respect to deposits for military service performed on or after October 1, 1982 and military service performed on or after January 1, 1957 and with respect to refunds for which applications are received by the Agency on or after October 1, 1982. The provisions of section 221(k), as in effect on September 7, 1982 shall continue to apply with respect to periods of civilian service occurring before October 1, 1982. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I RL i II MLI f ACT OF 1964 79 (e) Section 6 and Section 7 shall apply with respect to any annuity commencing on or after October 1, 1982, and with respect to any adjustment or redetermination of any annuity made on or after such date. (f) Section 8 shall apply to annuities which commence on or after January 1, 1983. (g) Section 11 shall take effect October 1, 1982, except that any participant who retired after September 8, 1982 and before October 1, 1983, or is entitled to an annu- ity under the CIA Retirement Act of 1964 for certain Employees, as amended, based on a separation from service occurring during such period, or a survivor of such in- dividual, may make a payment under section 252(h). (h) Section 14 shall not cause any annuity to be reduced below the rate that is payable on September 8, 1982 but shall apply to any adjustment occurring on or after this date under section 291, or to any annuity payable from the Central Intelli- gence Agency Retirement and Disability Fund, whether such annuity has a com- mencing date before, on, or after September 8, 1982. (i) Section 15 shall be effective as of September 8, 1982. EXECUTIVE ORDER 12485, CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (July 13, 1984, 49 F.R. 28827) By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to conform further the Central Intelligence Agency Retirement and Disability System to certain amend- ments of the Civil Service Retirement and Disability System pursuant to Public Law 98-94, it is hereby ordered as follows: Section 252(hX2XA) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, shall be deemed to be amended by striking out "October 1, 1982"- and inserting in lieu thereof "October 1, 1983." Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 B. NATIONAL SECURITY AGENCY NATIONAL SECURITY AGENCY ACT OF 1959 PUBLIC LAW 86-36-MAY 29, 1959 (50 U.S.C. 402 note) AN ACT To provide certain administrative authorities for the National Security Agency, and for other purposes. Be it enacted by the Senate and House of Representatives. of the United States of America in Congress assembled, That this Act may be cited as the "National Security Agency Act of 1959". SEC. 2. The Secretary of Defense (or his designee for the purpose) is authorized to establish such positions, and to appoint thereto, without regard to the civil service laws, such officers and e m p l o y - e e s , in th National Security Agency, as may be necessary to carry ou a unctions o suc agency. The rates of basic compensation for such positions shall be fixed by the Secretary of Defense (or his designee f o r the purpose) in relation o e ra s o asic compensa- tion contained in the Genera c e u e of the Classification ct o as amended,' for positions subject to suc c w lc lave corresponding levels of duties and responsibilities. Except as pro- vided in subsections (f) and (g) of section 303 of the Federal Execu- tive Salary Act of 1964,2 no officer or employee of the National Se- curity Agency shall be paid basic compensation at a rate in excess of the highestrate of asic compensation con shall-Bee -paid b compensation contained in gra es 11 18 of such eral Schedule: -___- SEC. 3. [Section 3 consisted of amendments to section 1581(a) of title 10, United States Code.] SEC. 4. The Secretary of Defense (or his designee for the purpose) is authorized to- (1) establish in the National Security Agency (A) profess i a1 engineering positions primarily concerned with research and deve ment"afi pro esslonal posiions in the al and natural sciences, medicine, an cryp o ogv an (2)-ffx a respec ive ra s o pay of such positions at rates equal to rates of basic pay contained in grades 16, 17, and 18 of ' The Classification Act of 1949 was repealed by the law enacting title 5, United States Code (Public Law 89-554, Sept. 6, 1966, 80 Stat. 378). The General Schedule for civilian employees is now set out at section 5332 of title 5. 2 The Federal Executive Salary Act of 1964 was repealed by the law enacting title 5, United States Code (Public Law 89-554, Sept. 6, 1966, 80 Stat. 378). See sections 5316 and 5317 of title 5, United States Code. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 the General Schedule set forth in section 5332 of title 5, United States Code. Officers and employes appointed to positions established under this section .shall be in addition to the number of officers and employees appointed to positions un er section 2 of this Act who may be paid at rates equal to rates of basic pay contained in grades 16, 17, and 18 of the General Schedule. SEC. 5. Officers and employees of the National Security Agency who are citizens or nationals of the United States may be granted additional compensation, in accordance with regulations which shall be prescribed by the Secretary of Defense, not in excess of ad- ditional compensation authorized by section 207 of the Independent Offices Appropriation Act, 1949, as amended (5 U.S.C. 118h),3 for employees whose rates of basic compensation are fixed by statute. SEC. 6. (a) Except as provided in subsection (b) of this section, nothing in this Act or any other law (including, but not limited to, the first section and section 2 of the Act of August 28, 1935 (5 U.S.C. 654) 4) shall be construed to require the disclosure of the or- ganization or any function of the National Security Agency, of any information with respect to the activities thereof, or of the names, titles, salaries, or number of the persons employed by such agency. (b) The reporting requirements of section 1582 of title 10, United States Code, shall apply to positions established in the National Se- curity Agency in the manner provided by section 4 of this Act. SEC. 7. [Section 7 was repealed by section 8(a) of Public Law 89- 554 (September 6, 1966, 80 Stat. 660).] SEC. 8. The foregoing provisions of this Act shall take effect on the first day of the first pay period which begins later than the thirtieth day following the date of enactment of this Act. SEC. 9. (a) Notwithstanding section 322 of the Act of June 30, 1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code, and section 2675 of title 10, United States Code, the Director of the National Security Agency, on behalf of the Secretary of Defense, may lease real property outside the United States, for periods not exceeding ten years, for the use of the National Security Agency for special cryptologic activities and for housing for personnel as- signed to such activities. (b) The Director of the National Security Agency, on behalf of the Secretary of Defense, may provide to certain civilian and mili- tary personnel of the Department of Defense who are assigned to special cryptologic activities outside the United States and who are designated by the Secretary of Defense for the purposes of this sub- section- (1) allowances and benefits- (A) comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law; and 3 The Independent Offices Appropriation Act, 1949, was repealed by the law enacting title 5, United States Code (Public Law 89-554, Sept 6, 1966, 80 Stat. 378). Section 207 of that Act was codified as section 5941 of title 5, United States Code. 4 Repealed by section 101 of Public Law 86-626 (July 12, 1960, 74 Stat. 427). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 11RIMIML OLWRITY AGENCY _ 83 (B) in the case of-selected-personnel serving in circum- - stances similar to those in which personnel of the Central - ~Intelli ence Agency serve; comparable ,to -those-pr-ov &e d, by LL- /7___x _1 T. _11[ __.. 1 n i of 'Central--Intelligence Agency-(incl-tiding-spe=iaT=re r-ement)- accrual in the same manner provided in section 303 of the) (2) housing (including heat, light, and household equipment) without-cost to such personnel, if the Director of the National Security Agency, on behalf of the Secretary of Defense deter- mines that it would be in the public interest to provide such housing. (c) The authority of the Director of the National Security Agency, on behalf of -the Secretary of Defense, to make payments under subsections (a) and (b), and under contracts for leases en- tered into under subsection (a), is effective for any fiscal year only to the extent that appropriated funds are available for such pur- pose. (d) Members of the Armed Forces may not receive benefits under both subsection (b)(1) and title 37, United States Code, for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection. (e) Regulations issued pursuant'to subsection (b)(1) shall be sub- mitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. SEC. 10. (a) The Director of the National Security- Agency shall arrange for, and shall prescribe regulations concerning, language and language-related training programs for `military and civilian cryptologic personnel. In establishing programs under this section for language and language-related training, the Director- (1) may provide. for the training and instruction to be fur- nished, including. functional and geographic 'area specializa- tions; (2) may arrange for training and instruction through other Government agencies and, in any case in which appropriate training or instruction is unavailable through Government fa- cilities, through nongovernmental facilities that furnish train- ing and instruction useful in the fields of language and foreign affairs; (3) may support programs that furnish necessary language and language-related skills, including, in any case in which ap- propriate programs are unavailable at Government facilities, support through contracts, grants, or cooperation with nongov- ernmental educational institutions; and (4) may obtain by appointment or contract the services of in- dividuals to serve as language instructors, linguists, or special language project personnel. (b)(1) In- order to maintain necessary capability in foreign lan- guage skills and related abilities needed by the National Security Agency, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special monetary or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 or I1n i wi1lL aECURITY AGENCY other incentiv e t enco? civilian cryptologic personnel of the gI~"ency to acquire or retain proficiency in foreign languages or spe- cial related abilities needed by the Agency. (2) In order to provide linguistic training and support for crypto- logic personnel, the Director- (A) may pay all or part of the tuition and other expenses re- lated to the training of personnel who are assigned or detailed for language and language-related training, orientation, or in- struction; and (B) may pay benefits and allowances to civilian personnel in accordance with chapters 57 and 59 of title 5, United States Code, and to military personnel in accordance with chapter 7 of title 37, United States Code, and applicable provisions of title 10, United States Code, when such personnel are assigned to training at sites away from their designated duty station. (c)(1) To the extent not inconsistent, in the opinion of the Secre- tary of Defense, with the operation of military cryptologic reserve units and in order to maintain necessary capability in foreign lan- guage skills and related abilities needed by the National Security Agency, the Director may establish a cryptologic linguist reserve. The cryptologic linguist reserve may consist of former or retired ci- vilian or military cryptologic personnel of the National Security Agency and of other qualified individuals, as determined by the Di- rector of the Agency. Each member of the cryptologic linguist re- serve shall agree that, during any period of emergency (as deter- mined by the Director), the member shall return to active civilian status with the National Security Agency and shall perform such linguistic or linguistic-related duties as the Director may assign. (2) In order to attract individuals to become members of the cryp- tologic linguist reserve, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special ,jmonetary incentives to individuals eligible to become members of the reserve who agree to become members of the cryptologic lin- guist reserve and to acquire or retain proficiency in foreign lan- guages or special related abilities. (3) In order to provide training and support for members of the cryptologic linguist reserve, the Director- ----tAj may pay all or part of the tuition and other expenses re- lated to the training of individuals in the cryptologic linguist reserve who are assigned or detailed for language and lan- guage-related training, orientation, or instruction; and / (B) may pay benefits and allowances in accordance with chapters 57 and 59 of title 5, United States Code, to individuals in the cryptologic linguist reserve who are assigned to training at sites away from their homes or regular places of business. (d)(1) The Director, before providing training under this section to any individual, may obtain an agreement with that individual that- (A) in the case of current employees, pertains to continuation of service of the employee, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code; and Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 NATIONAL SECURITY AGENCY 85 (B) in the case of individuals accepted for membership in the cryptologic linguist reserve, pertains to return to service when requested, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code. (2) The Director, under regulations prescribed under this section, may waive, in whole or in part, a right of recovery under an agree- ment made under this subsection if it is shown that the recovery would be against equity and good conscience or against the public interest. (e)(1) Subject to paragraph (2), the Director may provide to family members of military and civilian cryptologic personnel assigned to representational duties outside the United States, in anticipation of the assignment of such personnel outside the United States or while outside the United States, appropriate orientation and lan- guage training that is directly related to the assignment abroad. (2) Language training under paragraph (1) may not be provided to any individual through payment of the expenses of tuition or other cost of instruction at a non-Government educational institu- tion unless appropriate instruction is not available at a Govern- ment facility. (f) The Director may waive the applicability of any provision of chapter 41 of title 5, United States Code, to any provision of this section if he finds that such waiver is important to the perform- ance of cryptologic functions. (g) The authority of the Director to enter into contracts or to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such pur- pose. (h) Regulations issued pursuant to this section shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. (i) The Director of the National Security Agency, on behalf of the Secretary of Defense, may, without regard to section 4109(a)(2)(B) of title 5, United States Code, pay travel, transportation, storage, and subsistence expenses under chapter 57 of such title to civilian and military personnel of the Department of Defense who are assigned to duty outside the United States for a period of one year or longer which involves cryptologic training, language training, or related disciplines. SEC. 11. The Administrator of General Services, upon the applica- tion of the Director of the National Security Agency, may provide for the protection in accordance with section 3 of the Act of June 1, 1948 (40 U.S.C. 318b), of certain facilities (as designated by the Di- rector of such Agency) which are under the administration and control of, or are used by, the National Security Agency in the same manner as if such facilities were property of the United States over which the United States has acquired exclusive or con- current criminal jurisdiction. SEC. 12. (a)(1) The Secretary of Defense (or his designee) may by regulation establish a personnel system for senior civilian cryptolo- gic personnel in the National Security Agency to be known as the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 sb NATIONAL SECURITY AGENCY Senior Cryptologic Executive Service. The reg the Senior Cryptologic Executive Service shall J ulations establishing -- plicable to applicants for or members of the Senior Executive Service; and (B) appoint, promote, and assign individuals-to positions es- tablished within the Senior Cryptologic Executive Service with- out regard to the provisions of title 5, United States Code, gov- erning appointments and other personnel actions in the com- petitive service. (A) meet the requirements set forth in section 3131 of title 5, United States Code, for the Senior Executive Service; (B) provide that positions in the Senior Cryptologic Executive Service meet requirements that are consistent with the provi- sions of section 3132(a)(2) of such title; (C) provide, without regard to section 2, rates of pay for the Senior Cryptologic Executive Service that are not in excess of the maximum rate or less than the minimum rate of.basic. pay established for the Senior Executive Service under section 5382 of such title, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; (D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of subchapter II of chapter 43 of such title; J (E) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Execu- tive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of De- fense or his designee); (F) permit the payment of performance awards to members of the Senior Cryptologic Executive Service consistent with the provisions applicable to performance awards under section 5384 of such title; and a (G) provide that members of the Senior Cryptologic Execu- tive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of such title. (2) Except as otherwise provided in subsection (a), the Secretary of Defense (or his designee) may- (A) make applicable to the Senior Cryptologic Executive Service any of the provisions of title 5, United States Code, ap- (3). The President, based on the recommendations of the Secre- tary of Defense,- may award ranks to members of the Senior Cryp- tologic Executive Service in a manner consistent with the provi- sions of section 4507 of title 5, United States Code. (4) Notwithstanding any other provision of this section, the Di- rector of the National Security Agency may detail or assign any ..member of the Senior Cryptologic Executive Service to serve in a position outside the National Security Agency in which the mem- ber's expertise and experience may be of benefit to the National Security Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitle- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 i i.MiwiuML ar. URITY AGENCY 87 ment or status associated with membership in the Senior Cryptolo- gic Executive Service. (5) The Director of the National Security Agency shall each year submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, at the time the Budget is submitted by the President to the Congress for the next fiscal year, a report on executive per- sonnel in the Nationa ecurity Agency. The report shall include- (A) the a total number of positions added to or deleted from the Senior Cryptologic Executive Service during the preceding fiscal year; (B) the number of executive personnel (including all mem- bers of the Senior Cryptologic Executive Service) being paid at each grade level and pay rate in effect at the end of the pre- ceding fiscal year; (C) the number, distribution, and amount of awards paid to members of the Senior Cryptologic Executive Service during the preceding fiscal year; and (D) the number of individuals removed from the Senior Cryp- tologic Executive Service during the preceding fiscal year for less than fully successful performance. (b) The Secretary of Defense (or his designee) ay regulation establish a merit pay ystem for such employee the National Secure y gency as the Secretary of'~7e~erise (or his designee) con- siders appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in section 5401(a) of title 5, United States Code. (c)-N t eng en is section shall be construed to allow the aggre- gate amount payable to a member of the Senior Cryptologic Execu- tive Service under this section during any fiscal year to exceed the annual rate payable for positions at level I of the Executive Sched- ule in effect at the end of such year. SEC. 13. (a) The Director of the National Security Agency may make grants to private individuals and institutions for the conduct of cryptologic research. An application for a grant under this sec- tion may not be approved unless the Director determines that the award of the grant would be clearly consistent with the national security. (b) The grant program established by subsection (a) shall be con- ducted in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent that such Act is consistent with and in accordance with section 6 of this Act. (c) The authority of the Director to make grants under this sec- tion is effective for any fiscal year only to the extent that appropri- ated funds are available for such purpose. SEC. 14. Funds appropriated to an entity of the Federal Govern- ment other than an element of the Department of Defense that have been specifically appropriated for the purchase of cryptologic equipment, materials, or services with respect to which the Nation- al Security Agency has been designated as the central source of procurement for the Government shall remain available for a period of three fiscal years. . Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 as nMiwnML SECURITY AGENCY SEC. 15. (a) No person. may, except with the written permission of the Director of the National Security Agency, knowingly use the words "National Security Agency", the initials "NSA", the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, imper- sonation, solicitation, or commercial activity in a manner reason- ably.calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency. (b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which consti- tutes or will constitute conduct prohibited by subsection (a), the At- torney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. SEC. 16. (a) The purpose of this section is to establish an under- graduate training program, which may lead to the baccalaureate degree, to facilitate the recruitment of individuals, particularly mi- nority high school students, with a demonstrated capability to de- velop skills critical to the mission of the National Security Agency, including mathematics, computer science, engineering, and foreign languages. (b) The Secretary of Defense is authorized, in his discretion, to assign civilian employees of the National Security Agency as stu- dents at accredited professional, technical, and other institutions of higher learning for training at the undergraduate level in skills critical to effective performance of the mission of the Agency. (c) The National Security Agency may pay, directly or by reim- bursement to employees, expenses incident to assignments under subsection (b), in any fiscal year only to the extent that appropri- ated funds are available for such purpose. (d)(1) To be eligible for assignment under subsection (b), an em- ployee of the Agency must agree in writing- (A) to continue in the service of the Agency for the period of the assignment and to complete the educational course of training for which the employee is assigned; (B) to continue in the service of the Agency following comple- tion of the assignment for a period of one-and-a-half years for each year of the assignment or part thereof; (C) to reimburse the United States for the total cost of educa- tion (excluding the employee's pay and allowances) provided under this section to the employee if, prior to the employee's completing the educational course of training for which the employee is assigned, the assignment or the employee's em- ployment with the-Agency is terminated either by the Agency due to misconduct by the employee or by the employee volun- tarily; and (D) to reimburse the United States if, after completing the educational course of training for which the employee is as- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I.n u IUIUiI. ar%,JRITY AGENCY 89 signed, the employee's employment with the Agency is termi- nated either by the Agency-due to misconduct by the employee or by the employee voluntarily, prior to the employee's comple- tion of the service obligation period described in subparagraph (B), in an amount that bears the same ratio to the total cost of the education (excluding the employee's pay and allowances) provided to the employee as the unserved portion of the service -obligation period described in subparagraph (B) bears to the total period of the service obligation described in subparagraph (B). (2) Subject to paragraph (3), the obligation to reimburse the United States under an agreement described in paragraph (1), in- cluding interest due on such obligation, is for all purposes a debt owing the United States. (3)(A) A discharge. in bankruptcy under title 11, United States Code, shall not release a person from an obligation to reimburse the United States required under an agreement described in para- graph (1) if the final decree of the discharge in bankruptcy is issued within five years after the last day of the combined period of service obligation described in subparagraphs (A) and (B) of para- graph (1). (B) The Secretary of Defense may release a person, in whole or in part, from the obligation to reimburse the United States under an agreement described in paragraph (1) when, in his discretion, the Secretary determines that equity or the interests of the United States so require. (C) The Secretary of Defense shall permit an employee assigned under this section who, prior to commencing a second academic year of such assignment, voluntarily terminates the assignment or the employee's employment with the Agency, to satisfy his obliga- tion under an agreement described in paragraph (1) to reimburse the United States by reimbursement according to a schedule of monthly payments which results in completion of reimbursement by a date five years after the date of termination of the assignment or employment or earlier at the option of the employee. (e)(1) When an employee is assigned under this section to an in- stitution, the Agency shall disclose to the institution to which the employee is assigned that the Agency employs the employee and that the Agency funds the employee's education. (2) Agency efforts . to recruit individuals at educational institu- tions for participation in the undergraduate training program es- tablished by this section shall be made openly and according to the common practices of universities and employers recruiting at such institutions. (f) Chapter 41 of title 5 and subsections (a) and (b) of section 3324 of title 31, United States Code, shall not apply with respect to this section. .. (g) The Secretary of Defense may issue such regulations as may be necessary to implement this section. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 TITLE III OF THE INTERNAL SECURITY ACT OF 1950 (ADDED BY PUBLIC LAW 88-290, MARCH 26, 1964, 78 STAT. 168) TITLE III-PERSONNEL SECURITY PROCEDURES IN .NATIONAL SECURITY AGENCY 'REGULATIONS FOR EMPLOYMENT SECURITY SEC. 301: [50 U.S.C. 831] Subject to the provisions of this title, the Secretary of Defense (hereinafter in this title referred to as the "Secretary") shall prescribe such regulations relating to continuing security procedures as he considers necessary to assure- (1) that no person shall be employed in, or detailed or as- signed to, the National Security Agency (hereafter in this title referred to as the "Agency"), or continue to be so employed, de- tailed, or assigned; and .(2) that no person so employed, detailed, or assigned shall have access to any classified information; unless such employment, detail, assignment, or access to classified information is clearly consistent with the national security. SEC. 302. [50 U.S.C. 832] (a) No person shall be employed in, or detailed or .assigned to, the Agency unless he has been the subject of a full field investigation in connection with such employment, detail, or .assignment, and is cleared for access to classified infor- mation in accordance with the provisions of this title; excepting that conditional. employment without access to sensitive cryptologic information or material may be tendered any applicant under such regulations as the Secretary may prescribe, pending the completion of such full field investigation: And provided further, That such full field investigation at the .discretion of the Secretary need not be re- quired in the case of persons assigned or detailed to the Agency who. have =a current security clearance for access to sensitive cryp- tologic information under equivalent standards of investigation and clearance. During any period of war declared by the Congress, or during any, period when the Secretary determines that a national disaster exists, or in exceptional cases in which the Secretary (or his designee for such purpose) makes a determination in writing that his action is necessary or advisable in the national interest, he may authorize-the employment of any person in, or the detail or assignment of any person to, the Agency, and may grant to any such person access to classified information, on a temporary basis, pending the completion of the full field investigation and the clear- ance for access to classified information required by this subsec- tion, if the Secretary determines that such action is clearly consist- ent with the national security. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 , it m i r-nnnL SECURITY ACT (b) To assist the Secretary and the Director of the Agency in car- rying out their personnel security responsibilities, one or more boards of. appraisal of three members each, to be appointed by the Director of the Agency, shall be established in the Agency. Such a board shall appraise the loyalty and suitability of persons for access to classified information, in those cases in which the Direc- tor of the Agency determines that there is a doubt whether their access to that information would be clearly consistent with the na- tional security, and shall submit a report and recommendation on each such a case. However, appraisal by such a board is not re- quired before action may be taken under section 14 of the Act of June 27, 1944, chapter 287, as amended (5 U.S.C. 863), section 1 of the Act of August 26, 1950, chapter 803, as amended (5 U.S.C. 22-1), or any other similar provision of law. Each member of such a board shall be specially qualified and trained for his duties as such a member, shall have been the subject of a full field investigation in connection with his appointment as such a member, and shall have been cleared by the Director for access to classified information at the time of his appointment as such a member. No person shall be cleared for access to classified information, contrary to the recom- mendations of any such board, unless the Secretary (or his designee for such purpose) shall make a determination in writing that such employment, detail, assignment, or access to classified information is in the national interest. SEC. 303. [50 U.S.C. 833] (a) Notwithstanding section 14 of the Act of June 27, 1944, chapter 287, as amended (5 U.S.C. 863), sec- tion 1 of the Act of August 26, 1950, chapter 803, as amended (5 U.S.C. 22-1), or any other provision of law, the Secretary may ter- minate the employment of any officer or employee of the Agency whenever he considers that action to be in the interest of the United States, and he determines that the procedures prescribed in other provisions of law that authorize the termination of the em- ployment of that officer or employee cannot be invoked consistent- ly with the national security. Such a determination is hfnal. (b) Termination of employrffmt under sec s all not affect the right of the officer or employee involved to seek or accept em- ployment with any other department or agency of the United States if he is declared eligible for such employment by the United States Civil Service Commission. (c) Notwithstanding section 113(d) of title 10, United States Code, any authority vested in the Secretary of Defense by subsection (a) may be delegated only to the Deputy Secretary of Defense or the Director of the National Security Agency, or both. SEC. 304. [50 U.S.C. 834] For the purposes of this section, the term "classified information" means information which, for rea- sons of national security, is specifically designated by a United States Government agency for limited or restricted dissemination or distribution. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 SECURITY ACT 93 SEC. 305. [50 U.S.C. 835] The Administrative Procedure Act, as amended (5 U.S.C. 1001 et seq.), shall not apply to the use or exer- cise of any authority granted by this title. SEC. 306. [Section 306 consisted of amendments to other laws.] Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 C. OTHER INTELLIGENCE STATUTES FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 19781 PUBLIC LAW 95-511-OCT. 25, 1978 92 STAT. 1783 Public Law 95-511 95th Congress To authorize electronic surveillance to obtain foreign intelligence information. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Intelligence Surveillance Act of 1978". An Act TITLE I-ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES Sec. 101. Deenitiona. Sec. 102. Authorization for electronic surveillance for foreign Intelligence purposes. Sec. 103. Designation of Judges. Sec. 104. Application for an order. Sec. 105. Issuance of an order. Sec. 11)0. Use of Information. Z. 107. Report of electronic surveillance. Sec. 108. Congressional oversight. Sec. 109. Penalties. Sec. 110. Civil liability. See. 111. Authorization during time of war. TITLE II-CONFORMING AMENDMENTS Sec. 201. Amendments to chapter 119 of title 18, United States Code. TITLE III-EFFECTIVE DATE Sec. 301. Effective date. Foreign Intelligence Surveillance Act of 1978. 50 USC 1801 note. TITLE I-ELECTRONIC SURVEILLANCE WITHIN THE UNITED) STATES FOR FOREIGN INTELLIGENCE PURPOSES SEC. 101. As used in this title: (a) "Foreign power" means- (1) a foreign government or any component thereof, whether or not recognized by the United States; . (2) a faction of a foreign nation or nations, not substan- tially composed of United Stales persons; (3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments; (4) a group engaged in international terrorism cr activities in preparation therefor: (5) a foreign-based political organization, not substantially composed of United States persons; or (6) an entity that is directed and controlled by a foreign government or governments. (b) "Agent of a foreign power" means- (1) any person other than a United States person, who- (A) nets in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a) (4) ; Oct. 25, 1978 IS. 15661 ' In connection with this Act, see also section 107 of the Electronic Communications Privacy Act of 1986 regarding certain intelligence activities involving communications security, foreign power radio communications, and foreign power electronic communications systems; and see also section 2232 of title 18, United States Code, regarding prohibition on warning an individual of Foreign Intelligence Surveillance Act of 1978 surveillance. 95 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001_0 GENCE STATUTES 18 USC 2151 et seq. (B) acts for or on behalf of a forum power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circ?unistances of such person's presence in the United States indicate that such person may enrage in such activities in the United States, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; or (2) any person who- (A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the I'nited States; (11) pursuant to the direction of an intelligence service or network of a foreign power. knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power. which activities involve or are about to involve a violation of the criminal statutes of the I'nited States; (C) knowingly engages in sabotage or international terrorism. or activities that are in preparation therefor, for or on behal f of it foreign power; or (1)) knowingly aids or abets any person in the conduct of activities described in smhparantaph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (13). or (C). (c) "International terrorism" means activities that- (1) involve violent acts or acts dangerous to human life that. are a violation of the criminal laws of the ITnited States or of any State. or that would be a criminal violation if com- mitted within the jurisdiction of the United States or any State; (2) appear to be intended- (A) to intimidate or coerce a civilian population; (B) to influence the policy of a government by intimi- dation or coercion: or (C) to affect the conduct of a government by assassina- tion or kidnapping; and (3) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum. (d) "Sabotage" means activities that involve a violation of chapter 105 of title 18. l'nited States Code, or.that would involve such a violation if committed against the United States. (e) "Foreign intelligence information" means- (1) information that relates to, and if concerning a United States person is necessary to. the ability of the United States to protect against- (A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign ower; (13) sabotage or international terrorism by a p foreign power or an agent of a foreign power; or (C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 U I ntl( III I tLutiENCE STATUTES 97 (2) information with respect to it foreign power or foreign territory that relates to, and if concerning. a United States person is necessary to-. (A) the national defense or the security of the United States; or (B) the conduct of the foreign affairs of the United States. (f) "Electronic surveillance" means- (1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio coin- munication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes; (2) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communica- tion to or from a person in the United States, without the consent of any party thereto, if such acquisition occurs in the United States: (3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio com- munication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or (4) the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitor- ing to acquire information, other than from a wire or radio communication. under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes. (g) `Attorney General" means the Attorney General of the United States (or Acting Attorney General) or the Deputy Attorney General. (h) "'Minimization procedures", with respect to electronic sur- veillance.. means- (1) specific procedures, which shall be adopted by the Attorney General. that are reasonably designed in light of the purpose and technique of the particular surveillance, to mini- mize the acquisition and retention, and prohibit the dissemi- nation, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain. produce. and disseminate for- eign intelligence information: (2) procedures that require that nonpublicly available information. which is not foreign intelligence information, as defined in subsection (e) (1), shall not be disseminated in it manner that identities any I-nited States person, without such person's consent. unless such person's identity is neces- sary to uideustand foreign intelligence information or assess its importance; (3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001.0 _~GENCE STATUTES 92 STAT. 1786 PUBLIC LAW 95-511-OCT. 25, 1978 to be committed and that is to be retained or disseminated for law enforcement purposes; and (4) notwithstanding pa ragr:aphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 102(a), procedures that require that. no contents of any communication to which a United States person is it party shall be disclosed, disseminated, or used for any purpose or retained for longer than twenty-four hours unless a court order under section 105 is obtained or unless the Attorney General determines that the information indicates n threat of death or serious bodily harm to any person. (i) "United States person" means a citizen of the L nited States, an alien lawfully admitted for permanent residence (as defined in 8 USC 1101. section 101(a) (20) of the Immigration and Nationality Act), an unincorporated association a suistantial nnndMr of uu?mbers of which are citizens of the United States or aliens lawfully admitted for permanent residence, or at corporation which is incorpo- rated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a) (1), (2),or (3). (j) "United States", when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Ishumis. (k) "Aggrieved person" means a person who is the target of an electronic surveillance or any other person whose communications or activities were subject to electronic surveillance. (1) "Wire communication" means any communication while it is being carried by a wire, cable, or other like connection furnished or operated by any person engaged as a common carrier in pro- viding or operating such facilities for the transmission of inter- state or foreign communications. (m) "Person" means any individual, including any officer or employee of the Federal Government, or any group, entity, asso- ciation, corporation, or foreign power. (n) "Contents", when used with respect to a communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or mean- ing of that communication. (o) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico. the Trust Ter- ritory of the Pacific Islands, and any territory or possession of the United States. AUTHORIZATION FOR ELECTRONIC SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES 50 USC 1802. SEC. 102. (a) (1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that- (A) the electronic surveillance is solely directed at- (i) the acquisition of the contents of communications trans- mitted by means of communications used exclusively between or among foreign powers, as defined in section 101(a) (1), (2), or (3) ; or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0.~ ENCE STATUTES 99 ,,......... _-.. PUBLIC LAW 95-511-OCr. 25, 1978 92 STAT. 1787 (ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 101(a) (1), (?L). or (3) ; (B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and (C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 101(h); and if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intel- ligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General deter- mines immediate action is required and notifies the committees imme- diately of such minimization procedures and the reason for their becoming effective immediately. (2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General's certifica- tion and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intel- ligence and the. Senate Select Committee on Intelligence under the provisions of section 108(a). (3) The Attorney General shall immediately transmit under seal to the court established under section 103(a) a copy of his certification. Such certification shall be maintained under security measures estab- lished by the Chief Justice with the concurrence of the Attorney General, in consultation with the Director of Central Intelligence, and shall remain sealed unless- (A) an application for a court order with respect to the sur- veillance is made under sections 101 (h) (4) and 104. or (B) the certification is necessary to determine the legality of the surveillance under section 106(f). (4) With respect to electronic surveillance authorized by this sub- section, the Attorney General may direct a specified communication common carrier to- (A) furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a man- ner as will protect its secrecy and produce a minimum of inter- ference with the. services that such carrier is providing its customers: and (13) maintain under security procedures approved by the Attor- ney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished which such car- rier wishes to retain. The Government shall compensate. at the prevailing rate, such carrier for furnishing such aid. (b) Applications for a court order under this title are authorized if the President. has, by written authorization, empowered the Attor- my General to approve applications to the court lrnving.jurisdiction under section 103, and a judge to whom an application is made may, notwithstanding any other law. grant. nn order. in conformity with section 105. approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdie- Report to congressional committees. Report to congressional committees. Communication common carrier, duties. Applications approval. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ,r., LIGENCE STATUTES 92 STAT. 1788 PUBLIC LAW 95-511-OCT. 25, 1978 tion to grant any order approving electronic surveillance directed solely as described in paragraph (1) (A) of subsection (a) unless such surveillance ucay involve the acquisition of conununiratiuns of any United States person. Court to hear SEC. 103. (a) The Chief Justice of the United States shall publicly applications and designate seven district court judges from seven of the United States grant orders. judicial circuits who shall constitute a court which shall have juris- 50 USC 1803. diction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this Act, except that no judge designated under this sub- section shall hear the same application for electronic surveillance under this Act which has been denied previously by another judge des- ignated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this Act, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted. under seal, to the court of review established in subsection (b). Court of review. (b) The Chief Justice shall publicly designate three judges, one of whom shall be publicly designated as the presiding judge.,_ from the United States district courts or courts of appeals who together shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this Act. If such court deter- mines that the application was properly denied, the court shall inuue- diately provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certio- rari, the record shall be transmitted tinder seal to the Supreme Court, which shall have jurisdiction to review such decision. (c) Proceedings under this Act shall be conducted as expeditiously Record of as possible. The record of proceedings wider this Act, including appli- proceedings. cations made and orders granted. shall be maintained raider security measures established by the Chief Justice in consultation with the Attorney General and the Director of Central Intelligence. Tenure. (d) Each judge designated under this section shall so serve for a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a) shall be designated for terms of from one to seven years so that one terns expires each year, and that judges first designated under subsection (b) shall be designated for terms of three, five, and seven years. 50 USC 1804. Secy. 104. (a) Each application for an order approving electronic surveillance tinder this title shall be made by a Federal officer in writ- ing upon oath or affirmation to a judge having jurisdiction under sec- Approval of tion 103. Each application shall require the approval of the Attorney Attorney General based upon his finding that it satisfies the criteria and require- General. ments of such application as set forth in this title. It shall include- (1) the identity of the Federal officer waking the application; (2) the authority conferred on the Attorney General by the President of the United States and the approval of the Attorney General to make the application; (3) the identity, if known. or a description of the target of the electronic surveillance; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 IGENCE STATUTES 101 (4) a statement of the facts and circumstances relied upon by the applicant to justify his belief that (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power; and (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power; (5) a statement of the proposed minimization procedures; (6) a detailed description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance: (7) a certification or certifications by the Assistant to the Presi- dent for National Security Affairs or an executive branch official or officials designated by the President from among those executive officers employed in the area of national security or defense and appointed by the President -with the advice and consent of the Senate- (A) that the certifying official deems the information sought to be foreign intelligence information; (B) that the purpose of the surveillance is to obtain foreign intelligence information; (C) that such information cannot reasonably be obtained by normal investigative techniques; (D) that designates the type of foreign intelligence information being sought according to the categories described in section 101(e) ; and (E) including a statement of the basis for the certification that- (i) the information sought is the type of foreign intelligence information designated: and (ii) such information cannot reasonably be obtained by normal investigative techniques; (8) a statement of the means by which the surveillance will be effected and, a statement whether physical entry is required to effect the surveillance; (9) a statement of the facts concerning all previous applications that have been made to any judge under this title involving any of the persons, facilities. or places specified in the application. and the action taken on each previous application; (10) a statement of the period of time for which the electronic surveillance is required to be maintained, and if the nature of the intelligence gathering is such that the approval of the use of electronic surveillance under this title should not automatically terminate when the described type of information has first been obtained, a description of facts supporting the belief that additional information of the same type will be obtained thereafter; and (11) whenever more than one electronic. mechanical or other ;itiveillance device is to be used with respect to a particular proposed electronic surveillance, the coverage of the devices involved and what minimization procedures apply to information acquired by each device. (b) Whenever the target of the electronic surveillance is a foreign power. as defined in section 101 (a) (1). (2). or (3). and each of the facilities or (places at which the surveillance is directed is owned. leased. or exclusively used by that foreign power. the application need not contain the information required by paragraphs (6), (7) (E), (8), Foreign power, information exclusion. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 -..~ %r o o,Lu. l,., L.LmuENCE STATUTES and (11) of subsection (a), but shall state whether physical entry is required to effect the surveillance and shall contain such information about the surveillance techniques and communications or other information concerning United States persons likely to be obtained as ma ? be necessary to assess the proposed minimization procedures. (c) The Attorney General may require any other affidavit or certification from any other officer in connection with the application. (d) The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 105. ISSUANCE OF AN ORDER 50 USC 1805. SEC. 105. (a) Upon an application made pursuant to section 104, the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that- . (1) the President has authorized the Attorney General to approve applications for electronic surveillance for foreign intelligence information; (2) the application has been made by a Federal officer and approved by the Attorney General;. (3) on the basis of the facts submitted by the applicant there is probable cause to believe that- (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Pror?ided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power; (4) the proposed minimization procedures meet the definition of minimization procedures under section 101(h) ; and (5) the application which has been filed contains all statements and certifications required by section 104 and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 104(a) (7) (E) and any other information furnished under section 104(d). (b) An order approving an electronic surveillance under this section shall- (1) Specify- (A) the identity, if known, or a description of the target of the electronic surveillance; (B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed; (C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance; (D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance : (E) the period of time during which the electronic surveil- lance is approved; and (F) whenever more than one electronic, mechanical, or other surveillance device is to be used under the order, the authorized coverage of the devices involved and what minimi- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 inrunr eTarnTrn IA9 zation procedures shall apply to information subject to acquisition by each device; and (2) direct- (A) that the minimization procedures be followed; (B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a-minimum of interfer- ence with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance; (C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the -Director of Central Intelligence any records concerning the surveillance or the aid furnished that such pet-son wishes to retain; and (D) that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnish- ing such aid. (c) Whenever the target of the electronic surveillance is a foreign power, as defined in section 101(a) (1), (2), or (3), and each of the facilities or places at which the surveillance is directed is owned, leased, or exclusively used by that foreign power. the order need-not contain the information required by subparagraphs (C), (D), and (F) of subsection (b) (1), but shall generally describe the information sought, the communications or activities to' be. subjected to the surveil- lance, and the type of electronic surveillance involved, including whether physical entry is required. (d) (1) An order issued under this section may approve an electronic surveillance for the period necessary to achieve its purpose, or for ninety days, whichever is less, except that an order under this section shall approve an electronic surveillance targeted against a for- eign power, as defined in section 101(a) (1), (2), or (3), for the period specified in the application or for one year. whichever is less. (2) Extensions of an order issued under this title may be granted on the same basis as an original order upon an application for an exten- sion and new findings made in the same manner as required for an original order, except that an extension of an order under this Act. for a surveillance targeted against a foreign power, as defined in section 101(a) (5) or (6), or against a foreign power as defined in section 101(a) (4) that is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no communication of any individual ('nited States person will be acquired during the period. (3) At or before the end of the period of time for which electronic surveillance is approved by an order or an extension, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. (e) Notwithstanding any other provision of this title, when the Attorney General reasonably determines that- (1) an emergency situation exists with respect to the employ- ment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and Extensions of an order. Review of circumstances of order or extension. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 _ENCE STATUTES Denial of applicatioc. Testing of electronic equipment. (2) the factual basis for issuance of an order under this title to approve such surveillance exists; he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 103 is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this title is made to that judge as soon as practicable, but not more than twenty-four hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes such emergency employment of electronic surveil- lance, he shall require that the minimization procedures required by this title for the issuance of a judicial order be followed. In the absence of a judicial order approving such electronic surveillance, the surveil- lance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of twenty-four hours from the time of authorization by the Attorney General, whichever is earliest. In the event that such application for approval is denied, or in any other case where the electronic surveil- lance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hear- ing, or other proceeding in or before'any court, grand jury, depart- ment, office, agency, regulatory body, legislative committee, or other authority of the United States,-a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed as provided in section 10:3. (f) Notwithstanding any other provision of this title, officers, employees, or agents of the United States are authorized in the normal course of their official duties to conduct. electronic surveillance not targeted against the communications of any particular person or persons, under procedures approved by the Attorney General, solely to- (1) test the capability of electronic equipment. if- (A) it is not reasonable to obtain the consent. of the persons incidentally subjected to the surveillance; (B) the test is limited in extent and duration to that nec- essary to determine the capability of the equipment; (C) the contents of any communication acquired are retained and used only for the purpose of determining the capability of the equipment, are disclosed only to test. person- nel, and are destroyed before or immediately upon completion of the test; and: Termination. (D) Proeided, That the test may exceed ninety days only with the prior approval of the Attorney General; (2) determine the existence and capability of electronic surveil- lance equipment. being used by persons not authorized to conduct electronic surveillance, if- (A) it is not. reasonable to obtain the consent of persons incidentally subjected to the surveillance; (B) such electronic surveillance is limited in extent and duration to that. necessary to determine the existence and capability of such equipment; and Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : !CIA-RDP90-00530R000300580001-0 GENCE STATUTES 105 PUBLIC LAW 95-511-OCT. 25, 1978 92 STAT. 1793 (C) any information acquired by such surveillance is used only to enforce chapter 119 of title 18, United States Code, 18 USC 2510 et or section 705 of the Communications Act of 1934, or to pro- -V tect information from unauthorized surveillance; or 47 USC 605. (3) train intelligence personnel in the use of electronic surveil- Training of lance equipment, if- intelligence (A) it is not reasonable to-- personnel, (i) obtain the consent of the persons incidentally conditions. subjected to the surveillance; (ii) train persons in the course of surveillances other- wise authorized by this title; or (iii) train persons in the use of such equipment without engaging in electronic surveillance; (13) such electronic surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and (C) no contents of any communication acquired are retained or disseminated for any purpose,?but are destroyed as soon as reasonably possible. (g) Certifications made by the Attorney General pursuant to section Record retention 102 (a) and applications made and orders granted under this title shall requirement. be retained for a period of at least ten years from the date of the certifi- cation or application. USE OF INFOItMAThON SF.c. 106. (a) Information acquired "from an electronic surveillance conducted pursuant to this title concerning any United States .person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this title. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this title shall lose its privileged character. No informa- tion acquired from 'an. electronic surveillance pursuant to this title may be used or disclosed by Federal officers or employees except for lawful purposes. (b) No information acquired pursuant, to this title shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom. may only be used in a criminal proceeding with the advance authorization o'f.the Attorney General. (c) 1Chenevei the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department,. officer, agency, regulatory body, or other authoritj? of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of thistitle,?the Gov- ernment shall, prior to the trial,. hearing, br other proceeding or at a reasonable time prior to an effort to so disclose or so use that informa- tion or submit it in evidence, notify the aggrieved person and the court or other authority in?tvhich the information is to lie disclosed or used that the Government' intends to so disclose or so use such information. (d) 11'henever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivsion thereof, against an aggrieved person any information obtained or Statement for disclosure. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 luo U I Iytlt III I tLLICENCE STATUTES derived front an electronic sorveilbmce of that aggrieved person pur- suant. to the authority of this title, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so nee such information. (e) Any person against whorl evidence obtained or derived front all electronic surveillance to which lie is all aggrieved person is to he, or has been, introduced or otherwise used or disclosed in any trial, hear- ing, or other proceeding in or before any court, department, officer, agency, regulatory body. or other authority of the United States, a State, or it political subdivision thereof. iuay move to suppress the evidenc(k obtained or derived froiu such electronic surveillance on the grounds that- (1) the information was uulawfulh' acquired; or (2) the surveillance was not made in conformity with all order of authorization or approval. Such a motion shall be made before the trial, bearing, or other proceed- ing unless there was no opportunity to make such it motion or the person was not aware of the grounds of the motion. (f) Whenever a court or other authority is notified putrsumnt, to sub- section (c) or (d), or whenever a motion is uu:uk pursuant. to subsec- tion (e), or whenever :illy notion or request is made by an aggrieved person pursuant to any other statute or rule of the united States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other mate- ruts relating to electronic surveillance or to discover. obtain, or sup- press evidence or information obtained or derived from electronic surveillance under this Act, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority, shall, notwithstanding any other law, if the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States. review in cauuera and ex parte the application, order, and such other materials relating to tlue surveillance as may be necessary to determine wither the surveillance of the aggrieved per- son was lawfully authorized and condtu?ted. In making this determina- tion, the court may disclose to the aggrieved person. under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance. (g) If the United States district court pursuant to subsection (f) determines that the surveill:uu?e was not lawfully authorized or con- ducted, it shall. in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from electronic surveillance of the aggrieved person or otherwise grant the motion of the aggrieved person. If tine court determines that the surveillance was lawfully authorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure. (h) Orders granting motions or requests tinder subsection (g), decisions under this section that electronic surveillance was not law- fully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to a surveillance shall be final orders and binding upon all courts of the United States and the several States Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 .,,,,"..,.--ENCE STATUTES 107 except a L-nited States court of appeals and the Supreme Court. (i) In circumstances involving the unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States, such contents shall be destroyed upon recognition, unless the. Attorney General determines that the contents indicate a threat of death or serious bodily harm to any person. (j) If an emergency employment, of electronic surveillance is author- ized under section 105(e) and a subsequent order approving the surveillance is not obtained, the judge shall cause to be.served on any United States person named in the application and on such other United States persons subject to electronic surveillance as the judge may determine in his discretion it is in the interest ofjustice to serve, notice of- (1) the fact of the application; 2) the period of the surveillance; and (3) the fact. that during the period information was or was not obtained. On an ex parte showing of good cause to the judge the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed ninety days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection. REPORT OF ELECTRONIC SL'RVEIIL.A\CE Disposal of contents. Postponement or suspension of notice, time limitation. Sex. 107. In April of each year. the Attorney General shall transmit Report to to the Administrative Office of the United States Court and to Con- Congress. gress a report setting forth with respect to the preceding calendar 50 USC 1807. year- (a) the total number of applications made for orders and exten- sions of orders approving electronic surveillance under this title; and (b) the total number of such orders and extensions either granted, modified. or denied. SEC. 108. (a) On a semiannual basis the Attorney General shall fully inform the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence concerning all elec- tronic surveillance under this title. Nothing in this title shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties. (b) On or before one year after the effective date of this Act and on the some day each year for four years thereafter, the Permanent Select Committee on intelligence and the Senate Select Committee on Intelligence shall report, respectively to the House of Representa- tives and the Senate. concerning the implementation of this Act. Said reports shall include but not be limited to an analysis and recommenda- tions concerning whether this Act should be (1) amended, (2) repealed, or (3) permitted to continue in effect without amendment. Report to congressional committees. 50 USC 1808. Report of congressional committees to Congress. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 so USC 1809. SEC. 109. (a) OFFENSE.-A person is guilty of an offense if he intentionally- (1) engages in electronic surveillance under color of law except as authorized by statute; or (2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information. was obtained through electronic surveillance not authorized by statute. (b) DEFENSE.-It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveil- lance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction. (C) PENALTY.--An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both. (d) JURISDICTION.-There, is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed. 50 USC 1810. SEC. 110. Civir. ACTION.-An aggrieved person, other than a foreign power or an agent of a foreign bower, as defined in section 101 (a) or (b) (1) (A), respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic sur- veillance of such person has been disclosed or used in violation of section 109 shall have a cause of action against any person who -committal such violation and shall be entitled to recover- (a). actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater; (b) punitive damages; and (c) reasonable attorney's fees and other investigation and litigation costs reasonably incurred. SEO. 111. Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for a period not to exceed fifteen calendar days following .a declaration of war by the Congress. AMENDMENTS TO. CIIAr7ER 119 OF TITLE 18, UNITED STATES. CODE SEC. 201. Chapter 119 of title 18, United States Code, is amended as follows : (a) Section 2511(2) (a) (ii) is amended to read as follows: "(ii) Notwithstanding any other law, communication common carriers, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0_IGENCE STATUTES 109 oral communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if the common carrier, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with- "(A) it court order directing such assistance signed by the authorizing judge, or "(B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no warrantor court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time (luring which the provision of the info?rmaiiom, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No communication common carrier, officer, employee, or agent thereof, or landlord. custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished an order or certification under this subparagraph, except as may otherwise be required by legal process and then oml after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof, shall render the carrier liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any communication common carrier, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of an order or certification under this subparagraph.". (b) Section 2511(2) is amended by adding at the end thereof the following new provisions: "(e) Notwithstanding any other provision of this title or section fills or 60G of the Communications Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act. "(f) Nothing contained in this chapter, or section 605 of the Communications Act of 1934. shall Ire deemed to affect the acquisition by the. United States Government of foreign intelligence information from international or foreign communications by it means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire and oral con- municatiots may be conducted.". (c) Section 2511(3) is repealed. (d) Section 2:118(1) is amended by inserting "under this chapter" after "communication'". (e) Section 2518(4) is amended by inserting "under this chapter" after both appearances of "wire or oral communication". (f) Section 2518(9) is amended by striking out. "intercepted" and inserting "intercepted pursuant to this chapter" after "communication". Disclosure of information, prohibition. 47 USC 605, 606. Repeal. 18 USC 2511. 18 USC 2518. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I iiu U I ntK in i LLLJGENCE STATUTES 18 USC 2518. (g) Section 2518(10) is amended by striking out "intercepted" and inserting "intercepted pursuant to this chapter" after the first appearance of "communication". 18 USC 2519. (h) Section 2519(3)-is amended by inserting "pursuant to this chapter" after "wire or oral communications" and after "granted or denied". TITLE III-EFFECTIVE DATE 50 USC 1801 SEc. 301. The-provisions of this Act and the amendments made note. hereby-shall become effective upon the date of enactment of this Act, except that any electronic surveillance approved by the Attorney General to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of this Act, if that surveillance is terminated or an. order approving that surveillance is obtained- under title I of this Act within ninety days following the designation-of the first judge pursuant to section 103 of this Act.. Approved October 25, 1978. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 CLASSIFIED INFORMATION PROCEDURES ACT Public Law 96-456 96th Congress An Act To provide certain pretrial, trial, and appellate procedures for criminal cases involving classified information. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled DEFINITIONS SECTION 1. (a) "Classified information", as used in this Act, means any information or material that has been determined by the United States Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in ph r. of section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 1 )). , "National security", as used in this Act, means the national defense and foreign relations of the United States. PRETRIAL CONFERENCE SEC. 2. At any time after the filing of the indictment or information, an party may move for a pretrial conference to consider matters relating to classified information that may arise in connection with the prosecution. Following such motion, or on its own motion, the court shall promptly hold a pretrial, conference to establish the timing of requests for discovery, the provision of notice required by section 5 of t' Act, and the initiation of the procedure established by section 6 of this Act. In addition, at the pretrial conference the court may consider any matters which relate to classified information or which may promote a fair and expeditious trial. No admission made by the defendant or by any . attorney for the defendant at such a conference maybe used against the defendant unless the admission is in writingtand is signed by the defendant and by the attorney for the defendan PROTECTIVE ORDERS SEC. 8. Upon motion of the United States, the court shall issue an order to rotect against the disclosure of any classified information disclosed~y the united States to any defendant in any criminal case in a district court of the United States. Ssa 4. The court,-upon a sufficient showing, may authorize the United States to delete specified items of classified information from documents to be made available to the defendant through discovery under the Federal Rules of Criminal Procedure, to substitute a summary of the at r n for such classified documents, or to substitute admitting relevant facts that the classified Classified Information Procedures Act. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 112 . CLASSIFIED INFORMATION 94 STAT. 2026 - - - PUBLIC LAW 96-456-OCT. 15, 1980 information would tend to prove. The court may permit the United States to make a request for such authorization in the form of a written statement to be inspected by the court alone. If the court enters an order granting relief following such an ex parts showing, the entire text of the statement of the United States shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. NOTICE OF DEFENDANT'S INTENTION TO DISCLOSE CLASSIFIED classified information, use, relevance, or admissibility. 18 USC app. Classified information at issue, identification. Ssc. 5. (a) NOTICE BY DEFENDANT.-If a defendant reasonably expects to disclose or to cause the disclosure of classified information in any manner in connection with any trial or pretrial -proceeding involving the criminal prosecution of such defendant, the defendant shall, within the time specified by the court or, where no time is specified, within thirty days prior to trial, notify the attorney for the United States and the court in writing. Such notice shall include a brief description of the classified information. Whenever a defendant learns of additional classified information he reasonably expects to disclose at any such proceeding, he shall notify the attorney for the United States and the court in writing as soon as possible thereafter and shall include a brief description of the classified information. No defendant shall disclose any information known or believed to be classified in connection with a trial or pretrial proceeding until notice has been given under this subsection and until the United States has been afforded- a reasonable opportunity to seek a determination pursuant to the procedure set forth in section 6 of this Act, and until the time for the United States to a peal such determination under section 7 has expired or any appeal under section 7 by the United States is decided. (b) FAII.uRE To COMPLY.-If the defendant fails to comply with the requirements of subsection (a) the court may preclude disclosure of any classified information not made the subject of notification and may prohibit the examination by the defendant of any witness with respect to any such information. PROCEDURE FOR CASES INVOLVING CLASSIFIED INFORMATION , SEC. 6. (a) MOTION FOR HEARING.-Within the time specified by the court for the filing of a motion under this section, the United States may request the court to conduct a hearing to make all determina- tions - concerning the use, relevance, or admissibility of classified information that would otherwise be made during the trial or pretrial proceeding. Upon such ?a request, the court shall conduct such a hearing. Any hearing held pursuant to this subsection (or any portion of such hearing specified in the request of the Attorney General) shall be held in camera if the Attorney General certifies to the court in such petition that a public proceeding may result in the disclosure of classified information. As to each item of classified information, the court shall set forth in writing the basis for its determination. Where the United States' motion under this subsection is filed prior to the trial or pretrial proceeding, the court shall rule prior to the com- mencement of the relevant proceeding. (b) NoTicE.-(1) Before any hearing is conducted pursuant to a request by the United States under subsection (a), the United States shall provide the defendant with notice of the classified information that is at issue.. Such notice shall identify the specific classified Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 INFORMATION 113 PUBLIC LAW 96-456--OCF. 15, 1980 94 STAT. 2027 information at issue whenever that information previously has been made available to' the defendant by the United States. When the United States has not previously made the information available to the defendant in connection with the case, the information may be described by generic category, in such form as the court may approve, rather than by identification of the specific information of concern to the United States. (2) Whenever the United States requests a hearing under subsec- tion (a), the court, upon request of the defendant, may order the United States to provide the defendant, prior to trial, such details as to the portion of the indictment or information at issue in the hearing as are needed to give the. defendant fair, notice to prepare for the hearing. (CTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED INFOR' MAinON.-=-(1) Upon any determination by the court authoriing the disclosure of specific classified information under the procedures established by this section, the United States may move that, in lieu of the disclosure of such specific classified information, the court order- (A) the substitution for such classified information of a statement admitting relevant facts that the specific classified information would tend-to prove; or (B) the substitution for such classified information of a sum- mary of the specific classified information. The court shall grant such a -motion of the United States if it finds that the statement or summary will provide the defendant with substantially the same ability to make his defense as would disclosure of the specific classified information. The court shall hold a hearing Hearing. on any motion under this section. Any such hearing shall be held in camera at the request of the Attorney General. (2) The United States may, in connection with a'motion under National paragraph (1), submit to the court an affidavit of the Attorney ce ~ damage, General certifying that disclosure of classified information would cause identifiable damage to the national security of the United States and explaining the basis for the classification of such informa- tion. If so requested by the United States, the court shall examine such affidavit in camera and ex parts. - - ' (d) SEALING} OF RECORDS OF IN CAMERA HEARINGS.-If at the close of an in camera hearing under this Act (or any portion of a hearing under this Act that is held in camera) the court determines that the classified information at issue may not be disclosed or elicited at the trial or pretrial proceeding, the record of such in camera hearing shall be sealed and preserved by the court for use in the event of an appeal. The defendant may seek reconsideration of the court's deter- mination prior to or during trial. (e) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION BY DEFENDANT, RELIEF FOR DEFENDANT WHEN UNITED STATBB OPPOSES DleclasuRE.- (1) Whenever the court denies a motion bythe United States that it issue an order under subsection (c) and' the United States files with the court an affidavit of the Attorney General objecting to disclosure of the classified information at issue, the court shall order that the defendant not disclose or cause the disclosure of such information. (2) Whenever a defendant is prevented by an order under pare- Indictment or graph ' (1) from disclosing or causing the disclosure of classified information, information, the court shall dismiss the indictment or information; dismissal. except that, when the court determines that, the interests of justice would not be served by dismissal of the indictment or information, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 INFORMATION 11Y 4Ll1JJ11 Lv Rebuttal information, disclosure. the court shall order such other action, in lieu of dismissing the indictment or information, as the court determines is appropriate. Such action may include, but need not be limited to- (A) dismissing specified counts of the indictment or information; (B) finding against the United States on any issue as to which the excluded classified information relates; or (C) striking or precluding all or part. of the testimony of a witness. An order under this paragraph shall not take effect until the court has afforded the United States an opportunity to appeal such order under section 7, and thereafter to withdraw its objection to the disclosure of the classified information at issue. (f) RacwRocrrx.-Whenever the court determines pursuant to subsection (a) that classified information may be disclosed in connec- tion with a trial or pretrial proceeding, the court shall, unless the interests of fairness do not so require, order the United States to provide the defendant with the information it expects to use to rebut the classified information. The court may place the United States under a continuing duty to disclose such rebuttal information. If the United States fails to comply with its obligation under this subsec- tion, the court may exclude any evidence not made the subject of a required disclosure and may prohibit the examination by the United States of any witness with respect to such information. 18 USC app. S?o. 7. (a) An interlocutory appeal by the United States taken before or after the defendant has been placed in jeopardy shall lie to a court of appeals from a decision or order of a district court in a criminal case authorizing the disclosure of classified information, un ing sanctions for nondisclosure of classified information, or refusing a protective order sought by the United States to prevent the disclosure of classified information. (b) An appeal taken pursuant to this section either before or during trial shall be expedited by the court of appeals. Prior to trial, an appeal shall be taken within ten days after the decision or order appealed from and the trial shall not commence until the appeal is resolved. If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved and the court of appm-la (1) shall hear argument on such appeal within four days o the adjournment of the trial, (2) may dispense with written briefs other than the supporting materials previously submitted to the trial court, (3) shall render its decision within four days of argument on appeal, and (4) may dispense with the issuance of a written opinion in rendering its decision. Such ap~and decision shall not affect the right of the defendant, in a su uent appeal from a judgment of conviction, to claim as error revs by the trial court on remand of a ruling appealed from during trial. INTRODUCTION OF CLASSIFIED INFORMATION SHc. 8. (a) CLASSIFICATION STATUS.-Writings, recordings, and pho- tographs containing classified information may be admitted into evidence without change in their classification status. (b) PRECAUTIONS BY COuRT.-Tile court, in order to prevent unnec- essary disclosure of classified information involved in any criminal proceeding, may order admission into evidence of only part of a Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 .NFORMATION 115 writing, recording, or photograph, or may order admission into evidence of the whole writing, recording, or photograph with excision of some or all of the classified information contained therein, unless thewhole ought in fairness be considered. (c) TAXING OF TFTlMONY.-During the examination of a witness in any criminal proceeding, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible. Follow- ing such an objection, the court shall take such suitable action to determine whether the response is admissible as will safeguard against the compromise of any classified information. Such action may include requiring the United States to provide the court with a proffer of the witness' response to the question or line of m* uiry and requiring the defendant to provide the court with a proffer of the nature of the information he seeks to elicit. Sac. 9. (a) Within one hundred and twenty days of the date of the enactment of this Act, the Chief Justice of the United States, in consultation with the Attorney General, the Director of Central Intelligence, and the Secretary of Defense, shall prescribe rules estabhahing procedures for the protection against unauthorized dis- closure of any classified information in the custody of the United States district courts, courts of appeal, or Supreme Court. Such rules, and any changes in such rules, shall be submitted to the appropriate committees of Congress and shall become effective forty-five days after such submission. (b) Until such time as rules under subsection (a) first become effective, the Federal courts shall in each case involving classified information adopt procedures to protect, against the unauthorized disclosure of such information. Rules. 18 USC app. Submittal to congressional committees. IDENTIFICATION OF INFORMATION RELATED TO THE NATIONAL DEFENSE SEa 10. In any prosecution in which the United States must Notification of establish that material relates to the national defense or constitutes defendant. app. 18 USC classified information, the United States shall notify the defendant, within the time before trial by the court, of the portions of rely upon to establish the the material that it reasonab national defense or classifi on element of the offense. SEc. 11. Sections 1 through 10 of this Act may be amended as provided in section 2076, title 28, United States Code. ATTORNEY GENERAL GUIDELINES SEC. 12. (a) Within one hundred and eighty of enactment of this Act, the Attorney General shall issue guides specifying the factors to be used by the Department guidelines in rendering a decision whether to prosecute a violation of Federal law in which, in the judgment of the Attorney General, there is a possibility that classified information will be revealed. Such guidelines shall be transmitted to the appropriate committees of Congress. (b) When the Department of Justice decides not to prosecute a violation of Federal law pursuant to subsection (a), an appropriate official of the Department of Justice shall prepare written findings Prosecution of certain violations. 18 USC app. Transmittal to congressional committees. Nonprosecution, written findings. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ,.u Un.oirncI) INFORMATION 94 STAT. 2030 PUBLIC LAW 96-456--OCT. 15, 1980 detailing the reasons for the decision not to prosecute. The findings shall include- (1) the intelligence information which the Department of Justice officials believe might be disclosed, (2). the purpose for which the information might be disclosed, (3) the probability that the information would be disclosed, and (4) the possible consequences such disclosure would.have on the national security. REPORTS TO CONGRESS SEC. 13. (a) Consistent with applicable authorities and duties, including those conferred by the Constitution upon the executive and legislative branches, the Attorney General shall report orally. or in writing semiannually to the Permanent Select Committee on intelli- gence of the United States House of Representatives, the Select Committee on Intelligence. of the United States Senate, and the chairmen and ranking minority members of the Committees on the Judiciary of the Senate and House of Representatives on all cases where a decision not to prosecute a violation of Federal law pursuant to section 12(a) has been made. (b) The Attorney General shall deliver to the appropriate commit- tees of Congress a report concerning the operation and effectiveness of this Act and including suggested amendments to this Act. For the first three years this Act is in effect, there shall be a report each year. After three years, such reports shall be delivered as necessary. FUNCTIONS OF ATTORNEY GENERAL MAY BE EXERCISED BY DEPUTY ATTORNEY GENERAL OR A DESIGNATED ASSISTANT ATTORNEY GENERAL Sec. 14. The functions and duties of the Attorney General under this Act may be exercised by the Deputy Attorney General or by an Assistant Attorney General designated by the Attorney General for such purpose and may not be delegated to any other official. EFFECTIVE DATE Sec. 15. The provisions of this Act shall become effective upon the date of the enactment of this Act, but shall not apply to any prosecution in which an indictment or information was filed before such date. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : C1A-RDP90-00530R000300580001 0 INFORMATION 117 BHORT Tm S..6. That this Act may be cited as the "CIaeBifed Information ProoeduresMt". Approved October 15, 1980. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 INTELLIGENCE IDENTITIES PROTECTION ACT OF 1982 [NOTE: For text of Act, see title VI of the National Security Act of 1947, ante page 17.] Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 CENTRAL INTELLIGENCE AGENCY INFORMATION ACT PUBLIC LAW 98-477-OCTOBER 15, 1984 AN ACT To amend the National Security Act of 1947 to regulate public disclosure of information held by the Central Intelligence Agency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Central Intelligence Agency Information Act". SEC. 2. [Subsections (a) and (b) added title VII to the National Se- curity Act of 1947.] (c) Subsection (q) of section 552a of title 5, United States Code, is amended- (1) by inserting "(1)" after "(q)"; and (2) by adding at the end thereof the following: "(2) No agency shall rely on any exemption in this section to withhold from an individual any record which is otherwise accessi- ble to such individual under the provisions of section 552 of this title.". SEC. 3. (a) The Director of Central Intelligence, in consultation with the Archivist of the United States, the Librarian of Congress, and appropriate representatives of the historical discipline selected by the Archivist, shall prepare and submit by June 1, 1985, a report. on the feasibility of conducting systematic review for declas- sification and release of-Central Intelligence Agency information of historical value. (b)(1) The Director shall, once each six months, prepare and submit an unclassified report which includes- (A) a description of the specific measures established by the Director to improve the processing of requests under section 552 of title 5, United States Code; (B) the current budgetary and personnel allocations for such processing; (C) the number of such requests (i) received and processed during the preceding six months, and (ii) pending at the time of submission of such report; and (D) an estimate of the current average response time for completing the processing of such requests. (2) The first report required by paragraph (1) shall be submitted by a date which is six months after the date of enactment of this Act. The requirements of such paragraph shall cease to apply after the submission of the fourth such report. (c) Each of the reports required by subsections (a) and (b) shall be submitted to the Permanent Select Committee on Intelligence and the Committee on Government Operations of the House of Repre- sentatives and the Select Committee on Intelligence and the Com- mittee on the Judiciary of the Senate. 70-116 0 - 87 - 5 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-0053OR000300580001 0 INFORMATION ACT SEC. 4. The amendments made by subsections (a) and (b) of sec- tion 2 shall be effective upon enactment of this Act and shall apply with respect to any requests for records, whether or not such re- quest was made prior to such enactment, and shall apply to all civil actions not commenced prior to February 7, 1984. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 CHAPTERS 81 AND 83 OF TITLE 10, UNITED STATES CODE (DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL) CHAPTER 81-CIVILIAN EMPLOYEES ? 1590. Management of civilian intelligence personnel of the mili- tary departments (a) The Secretary of Defense may, without regard to the provi- sion any Qtl,ex aw-relati-4g to the num er, c asMfica n; or compen a .ins !loyees - (1) establish such positions for civilian intelligence officers and employees of the military departments as may be neces- sary to carry out the intelligence functions of such depart- ments; (2) appoint individuals to such positions; and (3) fix the compensation of such individuals for service in such positions. (b) The Secretary of Defense shall, subject to subsection (c), fix the rates of basic pay for positions established under subsection (a) in-reletivn t~ th`e"fie. s=o asic=payxproy ern t e General Sched- u`Ie under sec ion 5332 of title 5 for positions subject two ssuc1Sched- ule which havescoore p ding levels of duties and responsibilities. Except in the cam a civilian intelligence officer or employee of a military department serving as a member of the Senior Executive Service of a military department, no civilian intelligence officer or employee of a ,military department may be paid basic pay at a rate in excess of the highest rate of basic pay payable under such Gen- eral Schedule. (c) The Secretary of Defense is authorized, consistent with section 5341 of title 5, to adopt such provisions of such title as provide for prevailing rate systems of basic pay and to apply such provisions to . positions for civilian intelligence officers or. employees in or under which the military departments may employ individuals described by section 5342(a)(2)(A) of such title. (d) In addition to the basic pay payable under subsection (b), ci- vilian intelligence officers and employees of the military depart- ments who are citizens or nationals of the United States and who are stationed outside the continental United States or in Alaska may be paid allowances, in accordance with regulations prescribed by the Secretary of Defense, not in excess of an allowance author- ized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute. Such allowances shall be based on- (1) living costs substantially higher than in the District of Columbia; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 lc4 t nHr i trc 51 OF TITLE 10 (2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or (3) both of the factors described in paragraphs (1) and (2). (e)(1) Notwithstanding any other provision of law, the Secretary of Defense may, during fiscal year 1987, terminate the employment of any civilian ig+e 8 emmployee of a military depart- ment whenever he considers that action to be in the interests of the United States and he determines that the procedures pre- scribed in other provisions of law that authorize the termination of the employment of such officer or employee cannot be invoked in a manner consistent with the national security. The decisions of the Secretary under this paragraph are final and may not be appealed or reviewed outside the Department of Defense. The Secretary of Defense shall promply notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Com- mittee on Intelligence of the Senate whenever this termination au- thority is exercised. (2) Any termination of employment under this subsection shall not affect the right of the officer or employee involved to seek or accept employment with any other department or agency of the United States if he is declared eligible for such employment by the Director of the Office of Personnel Management. (3) The Secretary of Defense may delegate authority under this subsection only to the Deputy Secretary of Defense or the Secre- tary concerned or both. An action to terminate any civilian intelli- gence officer or employee of a military department by either such officer shall be appealable to the Secretary of Defense. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 CHAPTER 83-DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL Sec. 1601. Defense Intelligence Senior Executive Service. 1602. Defense Intelligence Agency merit pay system. 1603. Limit on pay. 1604. Civilian personnel management. ? 1601. Defense Intelligence Senior Executive Service (a) The Secretary of Defense may by regulation establish a per- sonnel system for senior civilian personnel within the Defense In- telligence Agency to be known as the Defense Intelligence Senior Executive Service. The regulations es a is ing t e e 2i I'li- gence for E"xecutive Service shall- (1) meet the requirements set forth in section 3131 of title 5 for the Senior Executive Service; (2) provide that positions in the Defense Intelligence Senior Executive Service meet requirements that are consistent with the provisions of section 314 (&(9 ~f tii e 5; (3) provide ra . of pay for the Defense Intelligence Senior Execu if v Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of title 5, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; (4) provide a performance appraisal system for the Defense Intelligence Senior Executive Service that conforms to the pro- visions of subchapter II Qf chapter 43 of tit (5) provide for remova consis en wit section 3592 of such title, and removal or suspension consi ons (a), (b), and (c) of section 7543 of title 5 (except that any hearing or appeal to which a member of the Defense Intelligence Senior Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of De- fense); (6) per , . inn t~the~payme of performance awards to members of the Defense igence Senior Executive Service consistent with the provisions applicable to performance awards under section 5384 of title 5; and (7) provide that members of the Defense Intelligence Senior Executive Service may be granted sabbatical s consistent with the provisions of section 3 36 c 5fT1Ti e (b) Except as otherwise provided in subsection (a), the Secretary of Defense may- ( -ma a applicable to the Defense Intelligence Senior Execu- tive ervi any oft e provisions of title 5 applicable to appli- cants for or members of the Senior Executive Service; and Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : 'CIA-RDP90-00530 R000300580001-0 .. OF TITLE 10 (2) appoint, promote, and assign individuals to positions es- tablished within the Defense Intelligence Senior Executive Service without regard to the provisions of title 5 governing appointments and other personnel actions in the competitive service. (c) The President, based on the recommendations of the Secre- tary of Defense, may award ranks to members of the Defense Intel- ligence Senior Executive Service in a manner consistent with the provisions of section 4507 of title 5. (d) Notwithstanding any other provision of this section, the Sec- retary of Defense may detail or assign any member of the Defense Intelligence Senior Executive Service to serve in a position outside the Defense Intelligence Agency in which the member's expertise and experience may be of benefit to the Defense Intelligence Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the Defense Intelligence Senior Executive Service. (e) The Secretary of Defense shall each year submit to the Per- manent Select Committee on Intelligence of the House of Repre- sentatives and the Select Committee on Intelligence of the Senate at the time the Budget is submitted by the President to the Con- gress for the next fiscal year, a report on the executive personnel in the Defense Intelligence Agency. The report shall include- (1) the total number of positions added to or deleted from the Defense Intelligence Senior Executive Service during the pre- ceding fiscal year; 3 (2) the number of executive personnel (including all members 3 of the Defense Intelligence Senior Executive Service) being paid at each grade level and pay rate in effect at the end of the preceding fiscal year; (3) the number, distribution, and amount of awards paid to members of the Defense Intelligence Senior Executive Service k during the preceding fiscal year; and (4) the number of individuals removed from the Defense In- telligence Senior Executive Service during the preceding fiscal year for less than fully successful performance. ? 1602. Defense Intelligence Agenc merit pay system The Secretary of Defens may regulation establish a merit pay system for such emplo yees o the Defense In e?1Tiggei~icy as the ecretary considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in section 5401(a) of title 5. (Adde u .-89, title VII, ? 701(a)(1), Dec. 4, 1981, 95 Stat. ? 160 Nothing in this chapter shall be construed to allow the aggregate amount payable to a member of the Defense Intelligence Senior Executive Service under this chapter during any fiscal year to exceed the annual rate payable for positions at level I of the Execu- tive Schedule in effect at the end of such year. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001, 0 OF TITLE 10 127 ? 1604. Civilian personnel management (a) The Secretary of Defense may, without regard to the provi- sions of any other law relating to the number, classification, or compensation of employees- (1) establish such positions for civilian officers and employees in the Defense Intelligence Agency as may be necessary to carry out the functions of such Agency; (2) appoint individuals to such positions; and (3) fix the compensation of such individuals for service in such positions. (b) The Secretary of Defense shall, subject to subsection (c), fix the rates of basic pay for positions established under subsection (a) in relation to the rates of basic pay provided in the General Sched- ule under section 5332 of title 5 for positions subject to such Sched- ule which have corresponding levels of duties and responsibilities. Except in the case of an officer or employee of the Defense Intelli- gence Agency serving as a member of the Defense Intelligence Senior Executive Service, no officer or employee of the Defense In- telligence Agency may be paid basic compensation at a rate in excess of the highest rate of basic pay contained in such General Schedule. (c) The Secretary of Defense is authorized, consistent with section 5341 o title 5, to p such provisions of such fit e aH ' p _le_oai mg rate sys ein Iic pay and to app y sucTi provisions Co tDo`- itions in or un ear which t defense-Intelligence Agencymay emp ioy ioy n lvihuals'-desc?"?ribed by section 53-42(a' ) o suc i Te. (d) In addition to the basic compensation payable under subsec- tion (b), officers and employees of the Defense Intelligence Agency, who are citizens or nationals of the United States and who are sta- tioned outside the continental United States or in Alaska may be paid compensation, in accordance with regulations prescribed by the Secretary of Defense, not in excess of an allowance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute. Such allowances shall be based on- (1) living costs substantially higher than in the District of Columbia; (2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or (3) both of the factors described in paragraphs (1) and (2). (e)(1) Notwithstanding any other provision of law, the Secretary of Defense may, during fiscal years 1986 and 1987, terminate the employment of civilian of if ` er of" mp1o ee of the Defense In- telligence Agency whenever he considers that action to be in the interests of the United States and he determines that the proce- dures prescribed in other provisions of law that authorize the ter- mination of the employment of such officer or employee cannot be invoked in a manner consistent with the national security. The de- cisions of the Secretary under this paragraph are final and may not be appealed or reviewed outside the Department of Defense. The Secretary of Defense shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001.0 OF TITLE 10 and the Select Committee on Intelligence of the Senate whenever this termination authority is exercised. (2) Any termination of employment under this subsection shall not affect the right of the officer or employee involved to seek or accept employment with any other department or agency of the United States if he is declared eligible for such employment by the Director of the Office of Personnel Management. (3) The Secretary of Defense may delegate authority under this subsection only to the Deputy Secretary of Defense or the Director of the Defense Intelligence Agency or both. An action to terminate any civilian officer or employee by either such officer shall be ap- pealable to the Secretary of Defense. ? 1605. Benefits for certain employees of the Defense Intelligence Agency (a) Secretary of Defense may provide to civilian personnel of the Department of Defense who are United States nationals, who are assigned to Defense Attache Offices and Defense Intelligence Agency Liaison Offices outside the United States, and who are des- ignated by the Secretary of Defense for the purposes of this subsec- tion, allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (2), (3), (4), (5), (6), (7), (8), and (13) of section 901 and sections 705 and 903 of the Foreign Service Act of 1980 (22 U.S.C. 4081 (2), (3), (4), (5), (6), (7), (8), and (13), 4025, 4083) and under section 5924(4) of title 5. The Secretary may also provide to any such civilian personnel who are subject to chapter 84 of title 5, special retirement accrual benefits in the same manner provided for certain officers and employees of the Central Intelligence Agency in section 303 of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees (50 U.S.C. 403 note). (b) The authority of the Secretary of Defense to make payments under subsection (a) is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. (c) Regulations issued pursuant to subsection (a) shall be submit- ted to the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelli- gence of the Senate before such regulations take effect. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 D. ANNUAL INTELLIGENCE ACTIVITIES AUTHORIZATION ACTS INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1987 AN ACT To authorize appropriations for fiscal year 1987 for intelligence and intelli- gence-related activities of the United States Government, the Intelligence Com- munity Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence Authorization Act for Fiscal Year 1987". TITLE I-INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1987 for the conduct of the intelligence and intelligence- related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OF AUTHORIZATIONS SEC. 102. (a) The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1987, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the Com- mittee of Conference to accompany H.R. 4759 of the Ninety-ninth Congress.. That Schedule of Authorizations shall be made .available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide f suitable d. butionof the Schedule ox pp rop~r~a ofecedule, within Me executiaze b arch. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 JN ACT FOR 1987 (b) Funds appropriated to the Department of Defense for fiscal year 1987 for intelligence and intelligence-related activities and listed under the heading "ADDITIONAL SPECIFICALLY AUTHORIZED AC- TIVITIES" in the Schedule of Authorizations to which subsection (a) refers, shall be considered to be specifically authorized by the Con- gress for such activities for purposes of section 502 of the National Security Act of 1947, notwithstanding the absence of authorizations of appropriations for such activities in this Act. SEC. 103. The Director of Central Intelligence may authorize em- ployment of civilian personnel in excess of the numbers authorized for fiscal year 1987 under sections 102 and 202 of this Act when he determines that such action is necessary to the performance of im- portant intelligence functions, except that such number may not, for any element of the Intelligence Community, exceed 2 per centum of the number of civilian personnel authorized under such sections for such element. The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelli- gence of the House of Representatives and the Select Commmittee on Intelligence of the Senate whenever he exercises the authority granted by this section. AUTHORITY FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES SEC. 104. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelli- gence activity which is not otherwise authorized by the Constitu- tion or laws of the United States. INCREASES IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW SEC. 105. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be in- creased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. RESTRICTION ON SUPPORT FOR MILITARY OR PARAMILITARY OPERATIONS IN NICARAGUA SEC. 106. Funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated and ex- pended during fiscal year 1987 to provide funds, materiel, or other assistance to the Nicaraguan democratic resistance to support mili- tary or paramilitary operations in Nicaragua only as authorized in section 101 and as specified in the classified Schedule of Authoriza- tions referred to in section 102, or pursuant to section 502 of the National Security Act of 1947, or pursuant to any provision of law specifically providing such funds, materiel, or assistance. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 AU I IWi ICA i IUn ACT FOR 1987 131 RESTRICTION ON INTELLIGENCE AGENCY COOPERATION WITH SOUTH AFRICA SEC. 107. No agency or entity of the United States involved in in- telligence activities may engage in any form of cooperation, direct or indirect, with the Government of South Africa, except activities which are reasonably designed to facilitate the collection of neces- sary intelligence. It is the policy of the United States that no agency or entity of the United States involved in intelligence ac- tivities may provide any intelligence information to the Govern- ment of South. Africa which pertains to a South African internal opposition group, movement, organization, or individual. Any change in such policy, or the provision of intelligence information contrary to such policy, shall be considered a significant anticipat- ed intelligence activity for purposes of section 501 of the National Security Act of 1947. TITLE II-INTELLIGENCE COMMUNITY STAFF AUTHORIZATION OF APPROPRIATIONS SEC. 201. There is authorized to be appropriated for the Intelli- gence Community Staff for fiscal year 1987 the sum of $22,000,000. AUTHORIZATION OF PERSONNEL END-STRENGTH SEC. 202. (a) The Intelligence Community Staff is authorized two h ndxed thirty seven full-time personnel as of September 0, ` 3877 Such pert/ so h~elyof the I7rtelligeeffee Community Staff may be perma- nent employees of the Intelligence Community Staff or 2rs onnel ~Fi dements of`E e `United-S~ es Go vernment. urmg fir scab year 19 7; p a onnel of the Intelligence Commu- nity Staff shall be selected so as to provide appropriate representa- tion from elements of the United States Government engaged in in- telligence and intelligence-related activities. (c) During fiscal year 1987, any officer or employee of the United States or a member of the Armed Forces who is detailed to the in- telligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such 0? Icer, employee; or ember-..may be.detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Direc- tor of Central Intelligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY SEC. 203. During fiscal year 1987, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in the same manner as activities and personnel of the Central Intelli- gence Agency. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 11jL nu i nufichi iON ACT FOR 1987 TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND RELATED MATTERS AUTHORIZATION OF APPROPRIATIONS SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1987 the sum of $125,800,000. SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES OF CIA EMPLOYEES SEC. 302. (a) [Section 302(a) added a new section 224 to the Cen- tral Intelligence Agency Retirement Act of 1964 for Certain Em- ployees.] (b) Section 14(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403n(a)) is amended by inserting "224," after "222, 223,". (c) For fiscal year 1987, not to exceed $500,000 shall be available from amounts appropriated under the authority of section 101(1) of this Act for survivor annuities under section 224 of the Central In- telligence Agency Retirement Act of 1964 for Certain Employees and under the amendment made by subsection (b) of this section. (d) The amendments made by this section shall take effect on October 1, 1986. HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES SEC. 303. (a) [Section 303(a) added a new section 16 to the Central Intelligence Agency Act of 1949.] (b) The amendment made by this section shall take effect on October 1, 1986. TITLE IV-COUNTERINTELLIGENCE AND SECURITY SEC. 401. (a) Chapter 33 of title 28, United States Code, is amend- ed by adding at the end thereof the following new section: 539. Counterintelligence official reception and representation expenses "The Director of the Federal Bureau of Investigation may use funds available to the Federal Bureau of Investigation for counter- intelligence programs to pay the expenses of hosting foreign offi- cials in the United States under the auspices of the Federal Bureau of Invesitgation for consultation on counterintelligence matters.". (b) The table of contents for chapter 33 of title 28, United States Code, is amended by adding at the end thereof the following: "539 Counterintelligence official reception and representation expenses.". (c) Chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following new section: 140a. Counterintelligence official reception and representation expenses "The Secretary of Defense may use funds available to the De- partment of Defense for counterintelligence programs to pay the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 i nuInVRILniIVN ACT FOR 1987 133 expenses of hosting foreign officials in the United States under the auspices of the Department of Defense for consultation on counter- intelligence matters.". (d) The table of contents for chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following: "140a. Counterintelligence official reception and representation expenses.". FBI ACCESS TO STATE AND LOCAL CRIMINAL RECORDS FOR SECURITY CLEARANCES SEC. 402. (a) Section 9101 of title 5, United States Code, is amend- ed as follows: (1) in paragraph (1) of subsection (b) by striking "or" after "Office of Personnel Management,", by inserting "or the Fed- eral Bureau of Investigation," after "the Central Intelligence Agency,", and by striking "department, office or agency" and inserting in lieu thereof "department, office, agency or bureau"; (2) in subparagraph (3)(A) of subsection (b) by striking "or" after "Office of Personnel Management," by inserting ", or the Federal Bureau of Investigation" after "the Central Intelli- gence Agency", by striking "department, office or agency" and inserting in lieu thereof "department, office, agency, or bureau", and by striking "department, office, or agency.' and inserting in lieu thereof "department, office, agency, or bureau.'; (3) in subparagraph (3)(B) of subsection (b) by striking "or" after "Office of Personnel Management," and by inserting ", or the Federal Bureau of Investigation" after "the Central Intelli- gence Agency"; and (4) in subsection (c) by striking "or" after "Office of Person- nel Management," and by inserting ", or the Federal Bureau of Investigation" after "the Central Intelligence Agency". (b) Section 803(a) of the Intelligence Authorization Act for fiscal year 1986 (Public Law 99-169) is amended by striking "and" after "Office of Personnel Management," and by inserting `and the Fed- eral Bureau of Investigation," after "the Central Intelligence Agency,". (c) The amendments made by this section .shall become effective with respect to any inquiry which begins after the date of enact- ment of this Act conducted by the Federal Bureau of Investigation for purposes specified in paragraph (b)(1) of.section 9101 of title 5, United States Code. PERMANENT EXTENSION OF DOD AUTHORITY TO USE PROCEEDS FROM COUNTERINTELLIGENCE OPERATIONS SEC. 403. (a) Chapter 4 of title 10, United States Code, as amend- ed by section 401(c) of this Act, is further amended by adding at the end thereof the following new section: 140b. Authority to use proceeds from counterintelligence oper- ations of the military departments "(a) The Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, United States Code, use of Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ICIA-RDP90-00530 R000300580001-0 ACT FOR 1987 proceeds from counterintelligence operations conducted by compo- nents of the military departments of offset necessary and reasona- ble expenses, not otherwise prohibited by law, incurred in such op- erations, and to make exceptional performance awards to person- nel involved in such operations, if use of appropriated funds to meet such expenses or to make such awards would not be practica- ble. "(b) As soon as the net proceeds from such counterintelligence operations are no longer necessary for the conduct of those oper- ations, such proceeds shall be deposited into the Treasury as mis- cellaneous receipts. "(c) The Secretary of Defense shall establish policies and proce- dures to govern acquisition, use, management, and disposition of proceeds from counterintelligence operations conducted by compo- nents of the military departments, including effective internal sys- tems of accounting and administrative controls.". (b) The table of contents for chapter 4 of title 10, United States Code, as amended by section 401(d) of this Act, is further amended by adding at the end thereof the following: "140b. Authority to use proceeds from counterintelligence operations of the military departments.". FEDERAL BUREAU OF INVESTIGATION COUNTERINTELLIGENCE ACCESS TO FINANCIAL RECORDS OF AGENTS OF FOREIGN POWERS SEC. 404. Section 1114(a) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)) is amended by adding at the end thereof the following new paragraph: "(5)(A) Financial institutions, and officers, employees, and agents thereof, shall comply with a request for a customer's or entity's financial records made pursuant to this subsection by the Federal Bureau of Investigation when the Director of the Federal Bureau of Investigation (or the Director's designee) certifies in writing to the financial institution that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to be- lieve that the customer or entity whose records are sought is a foreign power or an agent of a foreign power as defined in sec- tion 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). "(B) The Federal Bureau of Investigation may disseminate information obtained pursuant to this paragraph only as pro- vided in guidelines approved by the Attorney General for for- eign intelligence collection and foreign counterintelligence in- vestigations conducted by the Federal Bureau of Investigation, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the au- thorized responsibilities of such agency. "(C) On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelli- gence of the Senate concerning all requests made pursuant to this paragraph. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 nuinuniLkiwN 0 ACT FOR 1987 135 "(D) No financial institution, or officer, employee, or agent of such instituion, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to a cus- tomer's or entity's financial records under this paragraph.". TITLE V ADMINISTRATIVE AUTHORITIES RELATING TO - INTELLIGENCE PERSONNEL DEFENSE INTELLIGENCE AGENCY CIVILIAN MEDICAL EVACUATION BENEFIT SEC. 501. Subsection 1605(a) of title 10, United States Code, is amended by inserting ", (5)" after "paragraphs (2), (3), (4)" and after "(22 U.S.C. 4081 (2), (3), (4))". ONE YEAR EXTENSION OF DEFENSE INTELLIGENCE AGENCY SPECIAL TERMINATION AUTHORITY SEC. 502. Paragraph 1604(e)(1) of title 10, United States Code, is amended by striking "fiscal years 1985 and 1986" and inserting in lieu thereof "fiscal years 1986 and 1987". ACCEPTANCE OF DIRECTOR OF CENTRAL INTELLIGENCE AWARDS BY MILITARY INTELLIGENCE PERSONNEL SEC. 503. Section 402 of the Intelligence Authorization Act for Fiscal Year 1984 (Public Law 98-215) is amended by adding at the end thereof the following: N "(c) During fiscal year 1987, the Director of Central Intelligence may exercise the authority granted in section 4503(2) of title 5, United States Code, with respect to members of the Armed Forces who are assigned to foreign intelligence duties at the time of the conduct which gives rise to the exercise of such authority. "(d) An award made by the Director of Central Intelligence to an employee or member of the Armed Forces under the authority of section 4503 of title 5, United States Code, or this section may be paid and accepted notwithstanding- "(1) section 5536 of title 5, United States Code; and "(2) the death, separation, or retirement of the employee or the member of the Armed Forces whose conduct gave rise to the award, or the assignment of such member to duties other than foreign intelligence duties.". MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL OF THE MILITARY DEPARTMENTS SEC. 504. (a) Chapter 81 of title 10, United States Code, is amend- ed by adding at the end thereof the following new section: 1590. Management of civilian intelligence personnel of the mili- tary departmen s "(a) The Secretary of Defense may, without regard to the nrovi- sions of any other law relating to the un erassification, or compensation of em loyees- I( esta lish such positions for civilian intelligence officers and employees of the military departments as may be neces- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : GIB CIA-RDP90-00530 R000300580001-0 .vv nv , nvnmn i wN ACT FOR 1987 sary to carry out the intelligence functions of such depart- ments; "(2) appoint individuals to such positions; and "(3) fix the compensation of such individuals for service in such positions. "(b) The Secretary of Defense shall, subject to subsection (c), fix the rates of basic pay for positions established under subsection (a) in relation to the rates of basic pay provided in the General Sched- ule under section 5332 of title 5 for positions subject to such Sched- ule which have corresponding levels of duties and responsibilities. Except in the case of a civilian intelligence officer or employee of a military department serving as a member of the Senior Executive Service of a military department, no civilian intelligence officer or employee of a military department may be paid basic pay at a rate in excess of the highest rate of basic pay payable under such Gen- eral Schedule. "(c) The Secretary of Defense is authorized, consistent with sec- tion 5341 of title 5, to adopt such provisions of such title as provide for prevailing rate systems of basic pay and to apply such provi- sions to positions for civilian intelligence officers or employees in or under which the military departments may employ individuals described by section 5342(a)(2)(A) of such title. "(d) In addition to the basic pay payable under subsection (b), ci- vilian intelligence officers and employees of the military depart- ments who are citizens or nationals of the United States and who are stationed outside the continental. United States or in Alaska may be paid allowances, in accordance with regulations prescribed by the Secretary of Defense, not in excess of an allowance author- ized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute. Such allowances shall be based on- - "(1) living costs substantially higher than in the District of Columbia; "(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or "(3) both of the factors described in paragraphs (1) and (2). "(e)(1) Notwithstanding any other provision of law, the Secretary J of Defense may, during fiscal year 1987, terminate the employment of any civilian ante ig e o icer or employee of a military depart- ment whenever he considers that action to be in the interests of the United States and he determines that the procedures pre- scribed in other provisions of law that authorize the termination of the employment of such officer or employee cannot be invoked in a manner consistent with the national security. The decisions of the Secretary under this paragraph are final and may not be appealed or reviewed outside the Department of Defense. The Secretary of Defense shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Com- mittee on Intelligence of the Senate whenever this termination au- thority is exercised. "(2) Any termination of employment under this subsection shall not affect the right of the officer or employee involved to seek or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0__,N ACT FOR 1987 137 accept employment with any other department or agency of the United States if he is declared eligible for such employment by the Director of the Office of Personnel Management. "(3) The Secretary of Defense may. delegate authority under this subsection only to the Deputy Secretary of Defense or the Secre- tary concerned or both. An action to terminate any civilian intelli- gence officer or employee of a military department by either such officer shall be appealable to the Secretary of Defense.". (b) The table of sections at the beginning of chapter 81 of title 10, United States Code is amended by adding at the end thereof the following new item: "1590. Management of civilian intelligence personnel of the military departments.". (c) The Secretary of Defense shall-conduct a =comp e l sive r view and evaluation of the implementation of section 1590 of title 10, mte tats es Code and shall report t . eon toth_ a Congresstno la erFia --- arch 1 ?9 uch report shall- (1) describe the extent to which the civilian intelligence per- sonnel management systems established under section 1590 of title 10 have improved acquisition and retention of civilian in- telligence personnel by the military departments; (2) describe the elements of uniformity among.the civilian in- telligence personnel management systems established under section 1590 of title 10; (3) describe the elements of diversity among the civilian in- telligence personnel management systems established under section 1590 of title 10, and explain the need for such diversity based on differences in the intelligence needs or missions ofi the military departments; (4) describe the means for oversight within the Office of the Secretary of Defense and each of the military departments for ensuring consistent application of regulations, directives, and guidelines which implement the authority granted under sec- tion 1590 of title 10; (5) contain recommendations for any legislative changes the Secretary of Defense may deem appropriate; and (6) include such other matters as the Secretary of Defense may deem appropriate. NATIONAL SECURITY AGENCY ACQUISITION OF CRITICAL SKILLS SEC. 505. [Section 505 added a new section 16 to the National Se- curity Agency Act of 1959.] CENTRAL INTELLIGENCE AGENCY ACQUISITION OF CRITICAL SKILLS SEC. 506. Pursuant to the authority granted in section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j), the Direc- tor of Central Intelligence shall establish an undergraduate train- ing program with respect to civilian employees of the Central Intel- ligence Agency similar in purpose, conditions, content, and admin- istration to the program which the Secretary of Defense is author- ized to establish under section 16 of the National Security Act of 1959 (50 U.S.C. 402 note) for civilian employees of the National Se- curity Agency. ILLEGIB Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 Iss AU I HUKILAI IVN ACT FOR 1987 SEC. 507. Not later than January 3, 1987, the Secretary of, De- fense and the Director of Central Intelligence shall submit jointly to the. Congress an unclassified report describing the civilian per- sonnel systems for Officers and employees of the Central Intelli- gence Agency, the National Security Agency, and the Defense In- telligence Agency, and the personnel systems for officers and em- ployees established under section 1590 of title 10, United States Code, as added by section 504, for civilian intelligence personnel of the military departments. The report shall include descriptions (1) how each such intelligence personnel system differs from the competitive service and from each other such system; (2) the specific features of each such personnel system to ensure compliance with the merit system principles set forth in section 2301 of title 5, United States Code; (3) any features of compensation (including bonuses and awards) unique to such personnel system; (4) authorities to take actions (including the number of such actions) through employment termination provisions which do not permit appeals outside the agency; and (5) any recruitment or retention problems existing within such system. SEC. 601. (a) Chapter 167 of title 10, United States Code, is amended by adding at the end thereof the following new section: 2795. Exchange of mapping, charting, and geodetic data with foreign countries and international organizations "The Secretary of Defense may authorize the Defense Mapping Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services to a foreign country or international or- ganization pursuant to an agreement for the production or ex- change of such data.". (b) The table of contents of chapter 167 of title 10, United States Code, is amended by adding at the end thereof: "2795. Exchange of mapping, charting, and geodetic data with foreign countries and international organizations.". NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES SEC. 602. (a) [Section 602(a) added a new section 503 to the Na- tional Security Act of 1947.] (b) The table of contents at the end of the first section of such Act is amended by inserting the following after the item relating to section 502: "503. Notice to Congress of certain transfers of defense articles and defense serv- ices.". Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 ACT FOR 1987 139 SEC. 603. Section 8312(c)(1)(C) of title 5, United States Code is amended by striking the period at the end thereof and inserting in lieu thereof "or section 601 of the National Security Act of 1947 (50 U.S.C. 421) (relating to intelligence identities).". TITLE VII-PROTECTION OF UNITED STATES INTERESTS SEC. 701. Section 202(a)(4) of the State Department Basic Authori- ties Act of 1956 (22 U.S.C. 4302(a)(4)) is amended to read as follows: "(4) `foreign mission' means any mission to or agency or entity in the United States which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by- "(A) a foreign government, or "(B) an organization (other than an international organi- zation, as defined in section 209(b) of this title) represent- ing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States or which engages in some aspect of the conduct of the international affairs of such territory or political entity, including any real property of such a mission and including the personnel of such a mission;". SEC. 702. (a)(1) It is the policy of the Congress that the number of nationals of the Soviet Union admitted to the United States to serve as members of the Soviet mission at the United Nations headquarters shall not substantially exceed the number of United States nationals who serve as members of the United States mis- sion at the United Nations headquarters, unless the President de- termines that the admission to the United States of additional Soviet nationals to serve as members of the Soviet mission at the United Nations headquarters would be in the interest of the United States. (2) Beginning six months after the date of enactment of this sec- tion, and every six months thereafter, the Secretary of State shall prepare and transmit to the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and to the Com- mitee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives a report setting forth the number of Soviet nationals admitted during the preceding six- month period to the United States pursuant to a determination of the President under paragraph (1) and their duties with the Soviet mission at the United Nations headquarters. (3) Nothing in this subsection may be construed as including any dependent or spouse who is not a member of a mission at the United Nations headquarters in the calculation of the number of members of a mission at the United Nations headquarters. (b) It is the sense of the Congress that the Secretary of State and the Attorney General should, not later than six months after the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 ACT FOR 1987 date of enactment of this section, prepare and transmit to the Com- mittee on Foreign Relations and the Select Committee on Intelli- gence of the Senate and to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives a report setting forth a plan for ensuring that the number of Soviet national described in paragraph (a)(1) does not exceed the limitation described in that paragraph. (c) For purposes of this section- (1) the term "members of the Soviet mission" and "members of the United States mission" are used within the meaning of the term "members of the mission", as defined by article 1(b) of the Vienna Convention on Diplomatic Relations, done April 18, 1961; and (2) the term "mission at the United Nations headquarters" of a country includes all the missions of such country to the United Nations in New York City and includes missions in New York City to specialized agencies of the United Nations, as defined in article 57 of the charter of the United Nations. REGISTRATION OF AGENTS OF CERTAIN FOREIGN GOVERNMENTS SEC. 703. Section 951 of title 18, United States Code, is amended by adding at the end thereof the following new subsection: "(e) Notwithstanding paragraph (d)(4), any person engaged in a legal commercial transaction shall be considered to be an agent of a foreign government for purposes of this section if- "(1) such person agrees to operate within the United States subject to the direction or control of a foreign government or official; and "(2) such person- "(A) is an agent of the Soviet Union, the German Demo- cratic Republic, Hungary, Czechoslovakia, Poland, Bulgar- ia, Romania, or Cuba, unless the Attorney General, after consultation with the Secretary of State, determines and so reports to the Congress that the national security or for- eign policy interests of the United States require that the provisions of this section do not apply in specific circum- stances to agents of such country; or "(B) has been convicted of, or has entered a plea of nolo contendere with respect to, any offense under section 792 through 799, 831, or 2381 of this title or under section 11 of the Export Administration Act of 1979, except that. the provisions of this subsection shall not apply to a person de- scribed in this clause for a period of more than five years beginning on the date of the conviction or the date of entry of the plea of nolo contendere, as the case may be.". Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 .INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1986 AN ACT To authorize appropriations for fiscal year 1986 for intelligence and intelli- gence-related activities of the United States Government the Intelligence Commu- nity Staff, the Central Intelligence Agency Retirement and Disability System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence Authorization Act for Fiscal Year 1986". SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1986 for the conduct of the intelligence and intelligence- related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The. Department. of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. SEC. 102. The amounts authorized to be appropriated under sec- tion 101, and the authorized personnel ceilings as of September 30, 1986, for the conduct of the intelligence and intelligence-related ac- tivities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the Commit- tee of Conference to accompany H.R. 2419 of the Ninety-ninth Con- gress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Rep- resentatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 142 AUTHORIZATION ACT FOR 1986 AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION SEC. 103. (a) There is authorized to be appropriated for fiscal year 1986 the sum of $50,600,000 for the conduct of the activities of the Federal Bureau of Investigation to counter domestic and interna- tional terrorism. (b) Of the sums authorized to be appropriated by subsection (a), $500,000 is authorized to be made available by the Attorney Gener- al for making payments in advance for expenses arising out of con- tractual and reimbursable agreements with .State and local law en- forcement agencies while engaged in cooperative activities to counter domestic and international terrorism. SEC. 104. The Director of Central Intelligence may authorize em- ployment of civilian personnel in excess of the number authorized for fiscal year 1986 under sections 102 and 202 of this Act when he determines that such action is necessary to the performance of im- portant intelligence functions, except that such number may not, for any element of the Intelligence Community, exceed 2 per centum.of the number of civilian personnel authorized under such sections for such element. The Director of Central Intelligence shall promptly notify the= Permanent Select Committee on Intelli- gence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section. RESTRICTION ON SUPPORT FOR MILITARY OR PARAMILITARY OPERATIONS IN NICARAGUA SEC. 105. (a) Funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated and expended during fiscal year 1986 to provide funds, materiel, or other assistance to the Nicaraguan democratic resistance to sup port military or paramilitary operations in Nicaragua only as au- thorized in section 101 and as specified in the classified Schedule of Authorizations referred to in section 102, or pursuant to section 502 of the National Security Act of 1947, or to section 106 of the Supplemental Appropriations Act, 1985 (Public Law 99-88). (b) Nothing in this section precludes- (1) administration, by the Nicaraguan Humanitarian Assist- ance Office established by Executive order 12530, of the pro- gram of humanitarian assistance to the Nicaraguan democrat- ic resistance provided for in the Supplemental Appropriations Act, 1985, or (2) activities of the Department of State to solicit such hu- manitarian assistance for the Nicaraguan democratic resist- ance. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 )N ACT FOR 1986 143 AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION OF A RESEARCH AND ENGINEERING FACILITY AT THE NATIONAL SECU- RITY AGENCY HEADQUARTERS COMPOUND SEC. 106. The National Security Agency is authorized to secure the design and construction of a research and engineering facility as its headquarters compound at Ft. Meade, Maryland. A single continuous contract may be employed to facilitate completion of the building authorized by this section, and the Secretary of De- fense is authorized to contract for design and construction in ad- vance of appropriations therefor, but the cost of such facility may not exceed $75,064,000. Of the amounts authorized to be appropri- ated under section 101(4) of this Act, there is authorized to be ap- propriated for fiscal year 1986 the sum of $21,364,000 for design and construction of the facility authorized by this section during fiscal year 1986. SEC. 201. There is authorized to be appropriated for the Intelli- gence Community Staff for fiscal year 1986 the sum of $22,083,000. AUTHORIZATION OF PERSONNEL END-STRENGTH SEC. 202. (a) The Intelligence Community Staff is authorize o- huunddrr and thirty-three full time personnel as of September 30, f 86. Suc personn f4hv 7Ytiliigence Community Staff may be permanent employees of the Intelligence Community Staff or per- sonnel detailed from other elements of the United States Govern- ment. (b) During fiscal year 1986, personnel of the Intellience Commu- nity Staff shall be selected so as to provide appropriate representa- tion from elements of the United States Government engaged in in- telligence and intelligence-related activities. (c) During fiscal year 1986, any officer or employee of the United States or a member of the Armed Forces who is detailed to the In- telligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Direc- tor of Central Intelligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY SEC. 203. During fiscal year 1986, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in the same manner as activities and personnel of the Central Intelli- gence Agency. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 144 AUTHORIZATION ACT FOR 1986 TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT - AND DISABILITY SYSTEM AUTHORIZATION OF APPROPRIATIONS SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1986 the sum of $101,400,000. TITLE IV-PROVISIONS RELATING TO INTELLIGENCE AGENCIES SEC. 401. (a) [Section 401(a) added a new section 502 to the Na- tional Security Act of 1947.] (b) The table of contents at the end of the first section of such Act is amended by inserting the following after the item relating to section 501: "Sec. 502. Funding of intelligence activities.". (c) The amendment made by section 401(a) of this Act shall not apply with respect to funds appropriated to the Director of Central Intelligence under the heading "ENHANCED SECURITY COUNTERMEAS- URES CAPABILITIES" in the Supplemental Appropriations Act, 1985 (Public Law 99-88). COUNTERINTELLIGENCE CAPABILITIES IMPROVEMENTS REPORT SEC. 402. (a) Within one hundred and twenty days after the date of enactment of this Act, the President shall submit to the Perma- nent Select Committee on Intelligence of the House of Representa- tives and the Select Committee on Intelligence of the Senate a re- port on the capabilities, programs, and policies of the United States to protect against, detect, monitor, counter, and limit intelligence activities by foreign powers, within and outside the United States, directed at United States Government activities or information, in- cluding plans for improvements which presently are within the au- thority of the executive branch to effectuate, and recommendations for improvements which would require legislation to effectuate. (b) The report described in subsection (a) of this section shall be exempt from any requirement for publication or disclosure. NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES SEC. 403. (a)(1) During fiscal year 1986, the transfer of a defense article or defense service exceeding $1,000,000 in value by an intel- ligence agency to a recipient outside that agency shall be consid- ered a significant anticipated intelligence activity for the purpose of section 501 of the National Security Act of 1947. (2) Paragraph (1) does not apply if- (A) the transfer is being made to a department, agency, or other entity of the United States (so long as there will not be a subsequent retransfer of the defense articles or defense serv- ices outside the United States Government in conjunction with an intelligence or intelligence-related activity); or (B) the transfer- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 V ACT FOR 1986 145 (i) is being made pursuant to authorities contained in part II of the Foreign Assistance Act of 1961, the Arms Export Control Act, title 10 of the United States Code (in- cluding a law enacted pursuant to section 7307(b)(1) of that title), or the Federal Property and Administrative Services Act of 1949, and (ii) is not being made in conjunction with an intelligence or intelligence-related activity. (3) An intelligence agency may not transfer any defense articles or defense services outside the agency in conjunction with any in- telligence or intelligence-related activity for which funds were denied by the Congress. (b) As used in this section- (1) the term "intelligence agency" means any department, agency, or other entity of the United States involved in intelli- gence or intelligence-related activities; (2) the terms "defense articles" and "defense services" mean the items on the United States Munitions List pursuant to sec- tion 38 of the Arms Export Control Act (22 CFR part 121); (3) the term "transfer" means- (A) in the case of defense articles, the transfer of posses- sion of those articles, and (B) in the case of defense services, the provision of those services; and (4) the term "value" means- (A) in the case of defense articles, the greater of- (i) the original acquisition cost to the United States Government, plus the cost of improvements or other modifications made by or on behalf of the Govern- ment; or (ii) the replacement cost; and (B) in the case of defense services, the full cost to the Government of providing the services. SEC. 501. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelli- gence activity which is not otherwise authorized by the Constitu- tion or laws of the United States. INCREASES IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW SEC. 502. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be in- creased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 .w mu i nvnicn i ivN ACT FOR 1986 TITLE VI-FACILITATING NATURALIZATION OF CERTAIN FOREIGN INTELLIGENCE SOURCES IMMIGRATION AND NATIONALITY ACT AMENDMENT SEC. 601. Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at the end thereof the following new subsection: "(g)(1) Whenever the Director of Central Intelligence, the Attor- ney General and the Commissioner of Immigration determines that a petitioner otherwise eligible for naturalization has made an ex- traordinary contribution to the national security of the United States or to the conduct of United States intelligence activities, the petitioner may be naturalized without regard to the residence and physical presence requirements of this section, or to the prohibi- tions of section 313 of this Act, and no residence within the juris- diction of the court shall be required: Provided, That the petitioner has continuously resided in the United States for at least one year prior to naturalization: Provided further, That the provisions of this subsection shall not apply to any alien described in subpara- graphs (A) through (D) of paragraph 243(h)(2) of this Act. "(2) A petition for naturalization may be filed pursuant to this subsection in any district court of the United States, without regard to the residence of the petitioner. Proceedings under this subsection shall be conducted in a manner consistent with the pro- tection of intelligence sources, methods and activities. "(3) The number of aliens naturalized pursuant to this subsection in any fiscal year shall not exceed five. The Director of Central In- telligence shall inform the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judici- ary of the House of Representatives within a reasonable time prior to the filing of each petition under the provisions of this subsec- tion.". USE OF PROCEEDS FROM DEFENSE DEPARTMENT COUNTERINTELLIGENCE OPERATIONS SEC. 701. (a) During fiscal year 1986, the Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, United States Code, use of proceeds from counterintelli- gence operations conducted by components of the Military Depart- ments to offset necessary and reasonable expenses, not otherwise prohibited by law, incurred in such operations, , if use of appropri- ated funds to meet such expenses would not be practicable. (b) As soon as the net proceeds from such counterintelligence op- erations are no longer necessary for the. conduct of those oper- ations, such proceeds shall be deposited into the Treasury as mis- cellaneous receipts. (c) The Secretary of Defense shall establish policies and proce- dures to govern acquisition, use, management and disposition of proceeds from counterintelligence operations conducted by compo- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : C1A-RDP90-00530R000300580001-0 ACT FOR 1986 147 nents of the Military Departments, including effective internal sys- tems of accounting and administrative controls. RETIREMENT BENEFITS FOR CERTAIN CENTRAL INTELLIGENCE AGENCY EMPLOYEES SERVING IN UNHEALTHFUL AREAS SEC. 702. Section 251 of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by inserting "(a)" after "SEC. 251." and by adding at the end thereof the following new subsection: "(b) The Director of Central Intelligence may from time to time establish, in consultation with the Secretary of State, a list of places outside the United States which by reason of climatic or other extreme conditions are to be classed as unhealthful posts. Each year of duty at such posts, inclusive of regular leaves of ab- sence, shall be counted as one and a half years in computing the length of service of a participant under this Act for the purpose of retirement, fractional months being considered as full months in computing such service. No extra credit for service at such un- healthful posts shall be credited to any participant who is paid a differential under section 5925 or 5928 of title 5, United States Code, for such service.". TITLE VIII-ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY PURPOSES SEC. 801. (a) Part III of title 5, United States Code, is amended by adding after chapter 89 the following new subpart: "Subpart H-Access to Criminal History Record Information "CHAPTER 91-ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY PURPOSES "Sec. "9101. Criminal history record information for national security purposes. 9101. Criminal history record information for national security purposes "(a) As used in this section: "(1) The term `criminal justice agency' includes Federal, State, and local agencies and means: (A) courts, or (B) a Gov- ernment agency or any subunit thereof which performs the ad- ministration of criminal justice pursuant to a statute or Execu- tive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. "(2) The term `criminal history record information' means information collected by criminal justice agencies on individ- uals consisting of identifiable descriptions and notations of ar- rests, indictments, informations, or, other formal criminal charges, and any disposition arising therefrom, sentencing, cor- rection supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system. The term does Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 1-90 nu i nunicni iJN ACT FOR 1986 not include those records of a State or locality sealed pursuant to law from access by State and local criminal justice agencies of that State or locality. "(3) The term `classified information' means information or material designated pursuant to the provisions of a statute or Executive order as requiring protection against unauthorized disclosure for reasons of national security. "(4) The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, The Virgin Islands, Ameri- can Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. "(5) The term `local' and `locality' means any local govern- ment authority or agency or component thereof within a State having jurisdiction over matters at a county, municipal, or other local government level. "(b)(1) Upon request by the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency, crimi- nal justice agencies shall make available criminal history record information regarding individuals under investigation by such de- partment, office or agency for the purpose of determining eilgibility for (A) access to classified information or (B) assignment to or re- tention in sensitive national security duties. Such a request to a State central criminal history record repository shall be accompa- nied by the fingerprints of the individual who is the subject of the request if required by State law and if the repository uses the fin- gerprints in an automated fingerprint identification system. Fees, if any, charged for providing criminal history record information pursuant to this subsection shall not exceed the reasonable cost of providing such information, nor shall they in any event exceed those charged to State or local agencies other than criminal justice agencies for such information. "(2) This subsection shall apply notwithstanding any other provi- sion of law or regulation of any State or of any locality within a State, or any other law of the United States. "(3)(A) Upon request by a State or locality, the Department of Defense, the Office of Personnel Management, or the Central Intel- ligence Agency shall enter into an agreement with such State or locality to indemnify and hold harmless such State or locality, and its officers, employees and agents, from any claim against such State or locality, or its officer, employee or agent, for damages, costs and other monetary loss, whether or not suit is instituted, arising from the disclosure or use by such department, office or agency of criminal history record information obtained from the State or locality pursuant to this subsection, if the laws of such State or locality, as of the date of enactment of this section, other- wise have the effect of prohibiting the disclosure of such criminal history record information to such department, office or agency. "(B) When the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency and a State or lo- cality have entered into an agreement described in subparagraph (A), and a claim described in such subparagraph is made against such State or locality, or its officer, employee, or agent, the State Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ACT FOR 1986 149 or locality shall expeditiously transmit notice of such claim to the Attorney General and to the United States Attorney of the district embracing the place wherein the claim is made, and the United States shall have the opportunity to make all determinations re- garding the settlement or defense of such claim. "(c) The Department of Defense, the Office of Personnel Manage- ment, or the Central Intelligence Agency shall not obtain criminal history record information pursuant to this section unless it has re- ceived written consent from the individual under investigation for the release of such information for the purposes set forth in para- graph (b)(1). "(d) Criminal history record information received under. this sec- tion shall be disclosed or used only for the purposes set forth in paragraph (b)(1) or for national security or criminal justice pur- poses authorized by law, and such information shall be made avail- able to the individual who is the subject of such information upon request.". (b) The table of contents of part III of title 5, United States Code is amended by adding at the end thereof: "Subpart H-Access to Criminal History Record Information "91. Access to Criminal History Records for National Security Purposes....... 9101.". SEC. 802. The amendments made by section 801(a) of this Act shall become effective with respect to any inquiry which begins after the date of enactment of this Act conducted by the Depart- ment of Defense, the Office of Personnel Management, or the Cen- tral Intelligence Agency, for the purposes specified in paragraph (b)(1) of section 9101 of title 5, United States Code, as added by this Act. SEC. 803. (a) Within two years after the date of enactment of this Act, the Department of Justice, after consultation with the Depart- ment of Defense, the Office of Personnel Management, and the Central Intelligence Agency, shall report to the appropriate com- mittees of the Congress concerning the effect of section 9101(b)(3) of title 5, United States Code, as added by this Act, including the effect of the absence of indemnification agreements upon States and localities not eligible under section 9101(b)(3) of title 5, United States Code, for such agreements. (b) Three years after the date of enactment of this Act, section 9101(b)(3) of title 5, United States Code, shall expire. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1985 AN ACT To authorize appropriations for fiscal year 1985 for intelligence and intelli- gence-related activities of the United States Government, the Intelligence Com- munity Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence Authorization Act for fiscal year 1985". SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1985 for the conduct of the intelligence and intelligence- related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OF AUTHORIZATION SEC. 102. The amounts authorized to be appropriated under sec- tion 101, and the authorized personnel ceilings as of September 30, 1985, for the conduct of the intelligence and intelligence-related ac- tivities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the Select Committee on Intelligence of the Senate, as amended by agreement of the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. That Amended Schedule of Authorizations, dated October 4, 1984, signed by the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate and the Chairman and Ranking Minority Member of the Permanent Select Committee on Intelligence of the House of Representatives, and on file at the of- fices of those committees, shall be made available to the Commit- tees on Appropriations of the Senate and the House of Representa- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I . lac RU i MUKILH i WN ACT FOR 1985 tives, and to the President. The President shall provide for suitable distribution of the amended schedule, or of appropriate portions of the amended schedule, within the executive branch. CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF PROGRAM AUTHORIZATIONS SEC. 103. During fiscal year 1985, funds may not be made avail- able for any intelligence or intelligence-related activity unless such funds have been specifically authorized for such activity or, in the case of funds appropriated for a different activity, unless the Direc- tor of Central Intelligence or the Secretary of Defense has notified the appropriate committees of Congress of the intent to make such funds available for such activity, except that, in no case may repro- gramming or transfer authority be used by the Director of Central Intelligence or the Secretary of Defense unless for higher priority intelligence or intelligence-related activities, based on unforeseen requirements, than those for which funds were originally author- ized, and in no case where the intelligence or intelligence-related activity for which funds were requested has been denied by Con- gress. AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION OF AN ADDITIONAL BUILDING AT THE CENTRAL INTELLIGENCE AGENCY HEADQUARTERS COMPOUND SEC. 104. Of the amounts authorized to be appropriated under section 101(1), there is authorized to be appropriated for fiscal year 1985 the sum of $104,500,000 for the design and construction of a new building at the Central Intelligence Agency headquarters com- pound. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION SEC. 105. In addition to the amounts authorized to be appropri- ated under section 101(9), there is authorized to be appropriated for fiscal year 1985 the sum of $14,500,000 for the conduct of the activi- ties of the Federal Bureau of Investigation to counter terrorism in the United States. SEC. 106. The Director of Central Intelligence may authorize em- ployment of civilian personnel in excess of the numbers authorized for fiscal year 1985 under sections 102 and 202 of this Act when he determines that such action is necessary to the performance of im- portant intelligence functions, except that such number may not, for any element of the Intelligence Community, exceed 2 per centum of the number of civilian personnel authorized under such sections for such element. The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelli- gence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 AUTHORIZATION ACT FOR 1985 153 SEC. 201. There is authorized to be appropriated for the Intelli- gence Community Staff for fiscal year 1985 the sum of $20,800,000. AUTHORIZATION OF PERSONNEL END STRENGTH SEC. 202. (a) The Intelligence Community Staff is authorized two hundred and thirty-two full-time personnel as of September 30, 1985. Such personnel of the Intelligence Community Staff may be permanent employees of the Intelligence Community Staff or per- sonnel detailed from other elements of the United States Govern- ment. (b) During fiscal year 1985, personnel of the Intelligence Commu- nity Staff shall be selected so as to provide appropriate representa- tion from elements of the United States Government engaged in in- telligence and intelligence-related activities. (c) During fiscal year 1985, any officer or employee of the United States or a member of the Armed Forces who is detailed to the In- telligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Direc- tor of Central Intelligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY SEC. 203. During fiscal year 1985, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act. of 1949 (50 U.S.C. 403a-403n) in the same manner as activities and personnel of the Central Intelli- gence Agency. TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1985 the sum of $99,300,000. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM RULES AND REGULATIONS SEC. 302. Section 201(a) of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by striking "to become effective after approval by the chairman and ranking minority members of the Armed Services Committees of the House and Senate." and inserting in lieu thereof "to be submitted to the Permanent Select Committee on Intelli- _7n_1 It' n - R7 - 6 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 154 AUTHORIZATION ACT FOR 1985 gence of the House of Representatives and the Select Committee on Intelligence of the Senate before they take effect.". TITLE IV-ADMINISTRATIVE PROVISION RELATING TO THE CENTRAL INTELLIGENCE AGENCY PHYSICAL SECURITY OF CENTRAL INTELLIGENCE AGENCY FACILITIES SEC. 401. [Section 401 added section 15 to the Central Intelligence Agency Act of 1949.] TITLE V-DEFENSE INTELLIGENCE AGENCY PERSONNEL MANAGEMENT IMPROVEMENTS CIVILIAN PERSONNEL MANAGEMENT SEC. 501. [Section 501 added section 1604 to title 10 of the United States Code.] TECHNICAL AND CONFORMING AMENDMENTS SEC. 502. (a) Section 5102(a)(1) of title 5, United States Code, is amended- (1) by striking out "or" at the end of clause (viii); (2) by inserting "or" at the end of clause (ix); and (3) by inserting after clause (ix) the following new clause: "(x) the Defense Intelligence Agency, Department of De- fense;". (b) Section 5342(a)(1) of such title is amended- (1) by striking out "or" at the end of subparagraph (I); (2) by inserting "or" at the end of subparagraph (J); and (3) by inserting after subparagraph (J) the following new sub- paragraph: "(K) the Defense Intelligence Agency, Department of De- fense;". TITLE VI-COUNTERINTELLIGENCE AND OFFICIAL REPRESENTATION POLICY TOWARD CERTAIN AGENTS OF FOREIGN GOVERNMENTS SEC. 601. (a) It is the sense of the Congress that the numbers, status, privileges and immunities, travel, accommodations, and fa- cilities within the United States of official representatives to the United States of any foreign government that engages in intelli- gence activities within the United States harmful to the national security of the United States should not exceed the respective num- bers, status, privileges and immunities, travel accommodations, and facilities within such country. of official representatives of the United States to such country. (b) Beginning one year after the date of enactment of this sec- tion, and at intervals of one year thereafter, the President shall prepare and transmit to the Committee on Foreign Relations and Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and Permanent Select Committee on Intelli- gence of the House of Representatives a report on the numbers, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I AUTHORIZATION ACT FOR 1985 155 status, privileges and immunities, travel, accommodations, and fa- cilities within the United States of official representatives to the United States of any foreign government that engages in intelli- gence activities within the United States harmful to the national security of the United States and the respective numbers, status, privileges and immunities, travel, accommodations, and facilities within such country of official representatives of the United States to such country and any action which may have been taken with respect thereto. (c) Section 203 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4303) is amended- (1) in subsection (a) by striking out the fifth sentence; and (2) by amending subsection (b) to read as follows: "(b) There shall also be a Deputy Director of the Office of For- eign Missions. Either the Director or the Deputy Director of such Office shall be an individual who has served in the United States Foreign Service, while the other of the two shall be an individual who has served in the United States Intelligence Community.". (d) The amendments made by subsection (c) shall apply only with respect to any appointment of a Director or Deputy Director of the Office of Foreign Missions, as the case may be, after the date of en- actment of this section. AUTHORITY, FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES SEC. 701. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelli- gence activity which is not otherwise authorized by the Constitu- tion or laws of the United States. INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW SEC. 702. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be in- creased by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law. TITLE VIII-ACTIVITIES IN NICARAGUA MILITARY OR PARAMILITARY ACTIVITIES SEC. 801. No funds authorized to be appropriated by this Act or by the Intelligence Authorization Act for fiscal year 1984 (Public Law 98-215) may be obligated or expended for the purpose or which would have the effect of supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, .group, organization, movement, or individual, except to the extent provided and under the terms and conditions specified by House Joint Resolution 648, making continuing appropriations for the fiscal year 1985, and for other purposes, as enacted. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : 'CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1984 AN ACT To authorize appropriations for fiscal year 1984 for intelligence and intelli- gence-related activities of the United States Government, for the Intelligence Community Staff, for the Central Intelligence Agency Retirement and Disability System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence . Authorization Act for Fiscal Year 1984". SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1984 for the conduct of the intelligence and intelligence- related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OF AUTHORIZATIONS SEC. 102. The amounts authorized to be appropriated under sec- tion 101, and the authorized personnel ceilings as of September 30, 1984, for the conduct of the intelligence and intelligence-related ac- tivities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the commit- tee of conference to accompany H.R. 2968 of the Ninety-eighth Con- gress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Rep- resentatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule within the executive branch. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 iaa Hu i numLH i wn ACT FOR 1984 CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF PROGRAM AUTHORIZATIONS SEC. 103. During fiscal year 1984, funds may not be made avail- able for any intelligence or intelligence-related activity unless such funds have been. specifically authorized for such activity or, in the case of funds appropriated for a different activity, unless the Direc- tor of Central Intelligence or the Secretary of Defense has notified the appropriate committees of Congress of the intent to make such funds available for such activity, except that, in no case may repro- gramming or transfer authority be used by the Director of Central Intelligence or the Secretary of Defense unless for higher priority intelligence or intelligence-related activities, based on unforeseen requirements, than those for which funds were originally author- ized, and in no case where the intelligence or intelligence-related activity for which funds were requested has been denied by Con- gress. AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION OF AN ADDITIONAL BUILDING AT THE CENTRAL INTELLIGENCE AGENCY HEADQUARTERS COMPOUND SEC. 104. Of the amounts authorized to be appropriated under section 101(1), there is authorized to be appropriated the sum of $75,500,000 for the design and construction of a new building at the Central Intelligence Agency headquarters compound. AUTHORITY FOR TRANSFER OF AUTHORIZED FUNDS OF THE CENTRAL INTELLIGENCE AGENCY TO THE STATE OF VIRGINIA SEC. 105. Of the amounts authorized to be appropriated under section 101(1), the Central Intelligence Agency is authorized to transfer an amount not to exceed $3,000,000 to the State of Virgin- ia for the design and construction of highway improvements associ- ated with construction at the Central Intelligence Agency head- quarters compound. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION SEC. 106. In addition to the amounts authorized to be appropri- ated under section 101(9), there is authorized to be appropriated for fiscal year 1984 the sum of $13,800,000 for the conduct of the activi- ties of the Federal Bureau of Investigation to counter terrorism in the United States. SEC. 107. The Director of Central Intelligence may authorize em- ployment of civilian personnel in excess of the numbers authorized for the fiscal year 1983 under sections 102 and 202 of the Intelli- gence Authorization Act for fiscal year 1983 (Public Law 97-269) and in excess of the numbers authorized for the fiscal year 1984 under sections 102 and 202 of this Act when he determines that such action is necessary to the performance of important intelli- gence functions, except that such number may not, for any element Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R0003005800011 0 4 ACT FOR 1984 159 of the Intelligence Community, exceed 2 per centum of the number of civilian personnel authorized under such sections for such ele- ment. The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section. LIMITATION ON COVERT ASSISTANCE FOR MILITARY OPERATIONS IN NICARAGUA SEC. 108. During fiscal year 1984, not more than $24,000,000 of the funds available to the Central Intelligence Agency, the Depart- ment of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose or which would have the effect of supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization, movement, or individual. CONGRESSIONAL FINDINGS SEC. 109. (a) The Congress finds that- (1) the Government of National Reconstruction of Nicaragua has failed to keep solemn promises, made to the Organization of American States in July 1979, to establish full respect for human rights and political liberties, hold early elections, pre- serve a private sector, permit political pluralism, and pursue a foreign policy of nonaggression and nonintervention; (2) by providing military support (including arms, training, and logistical, command and control, and communications fa- cilities) to groups seeking to overthrow the Government of El Salvador-and other Central American governments, the Gov- ernment of National Reconstruction of Nicaragua has violated article 18 of the Charter of the Organization of American States which declares that no state has the right to intervene, directly or indirectly, for any reason whatsoever, in the inter- nal or external affairs of any other state; (3) the Government of Nicaragua should be held accountable before the Organization of American States for activities viola- tive of promises made to the Organization and for violations of the Charter of that Organization; and (4) working through the Organization of American States is the proper and most effective means of dealing with threats to the peace of Central America, of providing for common action in the event of aggression, and of providing the mechanisms for peaceful resolution of disputes among the countries of Cen- tral America. (b) The President should seek a prompt reconvening of the Sev- enteenth Meeting of Consultation of Ministers of Foreign Affairs of the Organization of American States for the purpose of reevaluat- ing the compliance by the Government of National Reconstruction of Nicaragua- (1) with the commitments made by the leaders of that Gov- ernment in July 1979 to the Organization of American States; and (2) with the Charter of the Organization of American States. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ICIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 .LOU AU i UKILR i wN ACT FOR 1984 (c) The President should vigorously seek actions by the Organiza- tion of American States that would provide for a full range of effec- tive measures by the member states to bring about compliance by the Government of National Reconstruction of Nicaragua with those obligations, including verifiable agreements to halt the trans- fer of military equipment and to cease furnishing of military sup- port facilities to groups seeking the violent overthrow of govern- ments of countries in Central America. . (d) The President should use all diplomatic means at his disposal to encourage the Organization of American States to seek resolu- tion of the conflicts in Central America based on the provisions of the Final Act of the San Jose Conference of October 1982, especial- ly principles (d), (e), and (g), relating to nonintervention in the in- ternal affairs of other countries, denying support for terrorist and subversive elements in other states, and international supervision of fully verifiable arrangements. (e) The United States should support measures at the Organiza- tion of American States, as well as efforts of the Contadora Group, which seek to end support for terrorist, subversive, or other activi- ties aimed at the violent overthrow of the governments of countries in Central America. U) Not later than March 15, 1984, the President shall report to the Congress on the results of his efforts pursuant to this Act to achieve peace in Central America. Such report may include such recommendations as the President may consider appropriate for further United States actions to achieve this objective. TITLE II-INTELLIGENCE COMMUNITY STAFF AUTHORIZATION OF APPROPRIATIONS SEC. 201. There is authorized to be appropriated for the Intelli- gence Community Staff for fiscal year 1984 the sum of $18,500,000. AUTHORIZATION OF PERSONNEL END-STRENGTH SEC. 202. (a) The Intelligence Community Staff is authorized two hundred and fifteen full- e personnel as of September'-90--,1-984. -Such-purnh-nerot the Intelligence Community Staff may be perma- nent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government. (b) During fiscal year 1984, personnel of the Intelligence Commu- nity Staff shall be selected so as to provide appropriate representa- tion from elements of the United States Government engaged in in- telligence and intelligence-related activities. (c) During fiscal year 1984, any officer or employee of the United States or a member of the Armed Forces who is detailed to the In- telligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Direc- tor of Central Intelligence. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 AUTHORIZATION ACT FOR 1984 161 INTELLIGENCE- COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY SEC: 203. During fiscal year 1984, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence. Agency Act of 1949 (50 U.S.C. 403a-403n) in the same manner as activities and personnel of the Central Intelli- gence Agency. TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1984 the sum of $86,300,000. TITLE IV-ADMINISTRATIVE PROVISIONS RELATED TO THE CENTRAL INTELLIGENCE AGENCY AND THE INTELLI- GENCE COMMUNITY STAFF ELIGIBILITY FOR APPOINTMENT TO CERTAIN CENTRAL INTELLIGENCE AGENCY POSITIONS SEC. 401. Section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f) is amended by striking out the last `and" in sub- section (d), by striking the period at the end of subsection (e) and substituting in lieu. thereof "; and", and by. adding at the end there- of the following new subsection: "(D Determine and fix the minimum and maximum limits of age within which an original appointment may be made to an oper- ational position within the Agency, notwithstanding the provision of any other law, in accordance with such criteria as the Director, in his discretion, may prescribe.". SEC. 402. (a) The Director of Central Intelligence may exercise the authority granted in section 4503 of title 5, United States Code, with respect to Federal employees and members of the Armed Forces detailed or assigned to the Central. Intelligence Agency or to the Intelligence Community Staff, in the same manner as such au- thority may be exercised with respect to the personnel of the Cen- tral Intelligence Agency and the Intelligence Community Staff. (b) The authority granted by subsection (a) of this section may be exercised with respect to Federal employees. or members of the Armed Forces detailed or assigned to the Central Intelligence Agency or to the Intelligence Community Staff on or after a. date five years before the date of enactment of this se n. uring Isca year 1987, a Irec or of Central Intelligence may exercise the authority granted in section 4503(2) of title 5, United States Code, with respect to members of the Armed Forces who are assigned to foreign intelligence duties at the time of the conduct which gives rise to the exercise of such authority. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 Wt. nu i nunum i UJN ACT FOR 1984 (d) An award made by the Director of Central Intelligence to an employee or member of the Armed Forces under the authority of section 4503 of title 5, United States Code, or this section may be paid and accepted notwithstanding- (1) section 5536 of title 5, United States Code; and (2) the death, separation, or retirement of the employee or the member of the Armed Forces whose conduct gave rise to the award, or the assignment of such member to duties other than foreign intelligence duties. APPOINTMENT OF DIRECTOR OF THE INTELLIGENCE COMMUNITY STAFF SEC. 403. [Section 403 added a new section 102a to the National Security Act of 1947.] TITLE V-ADMINISTRATIVE PROVISIONS RELATED TO THE DEFENSE INTELLIGENCE AGENCY BENEFITS FOR CERTAIN EMPLOYEES OF THE DEFENSE INTELLIGENCE AGENCY SEC. 501.1 (a) Title 10, United States Code, is amended by insert- ing after section 191 the following new section: "9192. Benefits for certain employees. of the Defense Intelligence Agency I i "(a) The Director of the Defense Intelligence Agency, on behalf of the Secretary of Defense, may provide to military and civilian per- sonnel of the Department of Defense who are United States nation- als, who are assigned to Defense Attache Offices and Defense Intel- ligence Agency Liaison Offices outside the United States, and who are designated by the Secretary of Defense for the purposes of this subsection, allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (2), (3) (4), (6), (7), (8), and (13) of section 901 and under sections 903, 705, and 2308 of the Foreign Service Act of 1980 (22 U.S.C. 4025; 22 U.S.C. 4081 (2), (3), (4), (6), (7), (8), and (13); 22 U.S.C. 4083; 5 U.S.C. 5924(4)). "(b) The authority of the Director of the Defense Intelligence Agency, on behalf of the Secretary of Defense, to make payments under subsection (a) is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. "(c) Members of the Armed Forces may not receive benefits under both subsection (a) and title 37, United States Code, for the same purpose. The Secretary of Defense shall prescribe such regu- lations as may be necessary to carry out this subsection. "(d) Regulations issued pursuant to subsection (a) shall be sub- mitted to the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate before such regulations take effect.". i Section 1302 of the DOD Authorization Act, 1986 (P.L. 99-145) divided and relocated section 192 of title 10 to section 1605 of title 10 and section 431 of title 37. For the text of such section see page 128 of this volume. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 AUTHORIZATION ACT FOR 1984 163 (b) The table of sections at the beginning of chapter 8 of title 10, United States Code, is amended by inserting after Sec. 191 the fol- lowing new item: "192. Benefits for certain employees of the Defense Intelligence Agency.". RESTRICTION OF, CONDUCT OF INTELLIGENCE ACTIVITIES SEC. 601. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelli- gence activity which is not otherwise authorized by the Constitu- tion or laws of the United States. INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW SEC. 602. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be in- creased. by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1983 (INCLUDING THE CENTRAL INTELLIGENCE AGENCY SPOUSES' RETIREMENT EQUITY ACT. OF 1982) AN ACT To authorize appropriations for fiscal year 1983 for intelligence and intelli- gence-related activities of the United States Government, for the Intelligence Community Staff, for the Central Intelligence Agency Retirement and Disability System, to authorize supplemental appropriations for fiscal year 1982 for the in- telligence and intelligence-related activities of the United States Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That titles I, II, III, IV, V, and VII may be cited as the "Intelligence Authorization Act for Fiscal Year 1983". TITLE I-INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1983 for the conduct of the intelligence and intelligence- related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. .(2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OF AUTHORIZATIONS SEC. 102. The amounts authorized to be appropriated under sec- tion 101, and the authorized personnel ceilings as of September 30, 1983, for the conduct of the intelligence and intelligence-related ac- tivities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the Commit- tee of Conference to accompany H.R. 6068 of the Ninety-seventh Congress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 iov nu i nvRILM i wd ACT FOR 1983 CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF PROGRAM AUTHORIZATIONS SEC. 103. During fiscal year 1983, funds may not be made avail- able for any activity for which funds are authorized to be appropri- ated by this Act unless such funds have been specifically author- ized for such activity or, in the case of funds appropriated for a dif- ferent activity, unless the Director of Central Intelligence or the Secretary of Defense has notified the appropriate committees of Congress of the intent to make such funds available for such activity. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION SEC. 104. In addition to the amounts authorized to be appropri- ated under section 101(9), there is authorized to be appropriated for fiscal year 1983 the sum of $12,125,000 for the conduct of the activi- ties of the Federal Bureau of Investigation to counter terrorism in the United States. SEC. 201. There is authorized to be appropriated for the Intelli- gence Community Staff for fiscal year 1983 the sum of $15,400,000. AUTHORIZATION OF PERSONNEL END-STRENGTH SEC. 202. (a) The Intelligence Community Staff is authorized two hundred and ten full-time personnel as of September 30, 1983. Such personnel of the Intelligence Community Staff may be- permanent employees of the Intelligence Community Staff or personnel de- tailed from other elements of the United States Government. (b) During fiscal year 1983, personnel of the Intelligence Commu- nity Staff shall be selected so as to provide appropriate representa- tion from elements of the United States Government engaged in in- telligence and intelligence-related activities. (c) During fiscal year 1983, any officer or employee of the United States or member of the Armed Forces who is detailed to the Intel- ligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Direc- tor of Central Intelligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY SEC. 203. During fiscal year 1983, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-403n) in Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 AUTHORIZATION ACT_ FOR 1983 167 the same manner as activities and personnel of the Central Intelli- gence Agency. TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM AUTHORIZATION OF APPROPRIATIONS SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1983 the sum of $91,300,000. TITLE IV-SUPPLEMENTAL AUTHORIZATION FOR FISCAL YEAR 1982 AUTHORIZATION OF APPROPRIATIONS SEC. 401. In addition to the funds authorized to be appropriated under title I of the Intelligence Authorization Act for Fiscal Year 1982 (Public Law 97-89; 95 Stat. 1150), funds are hereby authorized to be appropriated for fiscal year 1982 for the conduct of the intelli- gence and intelligence-related activities of the United States Gov- ernment. The amounts authorized to be appropriated under the preceding sentence are those specified for that purpose in the clas- sified Schedule of Authorizations described in section 102. CEILING ON THE EMPLOYMENT OF CIVILIAN PERSONNEL BY THE CENTRAL INTELLIGENCE AGENCY SEC. 402. [Section 402 added new subsections (b) and (c) to section 102 of the Intelligence Authorization Act for Fiscal Year 1982.] TITLE V-PROVISIONS RELATED TO INTELLIGENCE AGENCIES UNAUTHORIZED USE OF DEFENSE INTELLIGENCE AGENCY NAME, INITIALS, OR SEAL SEC. 50.1. [Section 501 added a new chapter 8 to title 10, United States Code.] AUTOMATIC DATA PROCESSING. EQUIPMENT OR SERVICES SEC. 502 [Section 502 added a new subsection (e) to section 3 of the Central Intelligence Agency Act of 1949.] TITLE VI-RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL INTELLIGENCE. AGENCY EMPLOY- EES SEC. 601. This title.may be cited as the "Central Intelligence Agency` Spouses' Retirement Equity Act of 1982". Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 100 nuinURILMiivil ACT FOR 1983 SEC. 602. Section 204 of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended- (1) by inserting "former spouses," after "including surviving wives and husbands,"; and (2) by adding at the end thereof the following: "(4) `Former spouse' means a former wife or husband of a participant or former participant who was married to such par- ticipant for not less than 10 years during periods of service by that participant which are creditable under sections 251, 252, and 253 of this Act, at least five years of which were spent out- side the United States by both the participant and the former spouse.". SEC. 603. Section 221 of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees is amended- (1) by inserting immediately above the section the following section heading: "COMPUTATION OF ANNUITIES FOR OTHER THAN FORMER SPOUSES"; and (2) by amending subsection (b) to read as follows: "(b)(1)(A) Except to the extent provided otherwise under a writ- ten election under subparagraph (B) or (C), if at the time of retire- ment a participant or former participant is married (or has a former spouse who has not remarried before attaining age 60), the participant shall receive a reduced annuity and provide a survivor annuity for his or her spouse under this subsection or former spouse under section 222(b), or a combination of such annuities, as the case may be. "(B) A married participant or former participant and his or her spouse may jointly elect in writing to waive a survivor annuity for that spouse under this section (or under section 222(b) if the spouse later qualifies as a former spouse under section 204(b)(4)), or to reduce such survivor annuity under this section (or section 222(b)) by designating a portion of the annuity of the participant as the base for the survivor benefit. If the marriage is dissolved following an election for such a reduced annuity and the spouse qualifies as a former spouse, the base used in calculating any annuity of the former spouse under section 222(b) may not exceed the portion of the participant's annuity designated under this subparagraph. "(C) If a participant or former participant has a former spouse, the participant (or former participant) and such former spouse may jointly elect by spousal agreement under section 263(b) to waive a survivor annuity under section 222(b) for that former spouse, if the election is made (i) before the end of the 12-month period beginning on the date the divorce or annulment involving that former spouse becomes final or (ii) at the time of retirement of the participant. "(D) The Director .may prescribe regulations under which a par- ticipant or former participant may make an election under sub- paragraph (B) or (C) without the participant's spouse or former spouse if the participant establishes to the satisfaction of the Direc- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 AU 1 f1UKILA 1 wN ACT FOR 1983 169 tor that the participant does not know, and has taken all reasona- ble steps to determine, the whereabouts of the spouse or former spouse. "(2) The annuity of a participant or former participant providing a survivor benefit under this section (or section 222(b)), excluding any portion of the annuity not designated or committed as a base for any survivor annuity, shall be reduced by 21/2 percent of the first $3,600 plus 10 percent of any amount over $3,600. The reduc- tion under this paragraph shall be calculated before any reduction under section 222(a)(4). "(3)(A) If a former participant entitled to receive a reduced annu- ity under this subsection dies and is survived by a spouse, a survi- vor annuity shall be paid to the surviving spouse equal to 55 per- cent of the full amount of the participant's annuity computed under subsection (a), or 55 percent of any lesser amount elected as the base for the survivor benefit under paragraph (1)(B). "(B) Notwithstanding subparagraph (A), the amount of the annu- ity calculated under subparagraph (A) for a surviving spouse in any case in which there is also a surviving former spouse of the participant who qualifies for an annuity under section 222(b) may not exceed 55 percent of the portion (if any) of the base for survivor benefits which remains available under section 222(b)(4)(B). "(C) An annuity payable from the fund to a surviving spouse under this paragraph shall commence on the day after the partici- pant dies and shall terminate on the last day of the month before the surviving spouse's death or remarriage before attaining age 60. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or. divorce if any lump sum paid upon termination of the annuity is returned to the fund.". RIGHT OF ELECTION SEC. 604. Section 221 of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees, as amended by section 603 of this title, is further amended in subsection (g)- (1) by inserting "(1)" after "(g)"; (2) by redesignating paragraphs (1) and (2) as clauses (A) and (B), respectively; and (3) by adding at the end thereof the following: "(2) A surviving former spouse of any participant or former par- ticipant shall not become entitled to a survivor annuity or to the restoration of a survivor annuity payable from the fund unless the survivor elects to receive it instead of any other survivor annuity to which he or she may be entitled under this or any other retire- ment system for Government employees on the basis of a marriage to someone other than that participant.". SUPPLEMENTAL ANNUITIES; RECOMPUTATION OF ANNUITIES SEC. 605. Section 221 of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees, as amended by sections 603 and 604 of this title, is further amended by adding at the end thereof the following: Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ICIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 170 AUTHORIZATION ACT FOR 1983 "(m)(1) Any married annuitant who reverts to retired status with entitlement to a supplemental annuity under subsection 271(b) shall, unless the annuitant and his or her spouse jointly elect in writing to the contrary at that time, have the supplemental annu- ity reduced by 10 percent to provide a supplemental survivor annu- ity for his or her spouse. Such supplemental survivor annuity shall be equal to 55 percent of the supplemental annuity of the annui- tant and shall be payable to a surviving spouse to whom the annui- tant was married at the time of reversion to retired status or whom the annuitant subsequently married. "(2) The Director shall issue regulations to provide for the appli- cation of paragraph (1) of this subsection and of subsection 271(b) in any case in which an annuitant has a former spouse who was mar- ried to the participant at any time during a period of recall service and who qualifies for an annuity under section 222(b). "(n) An annuity which is reduced under this section or any simi- lar prior provision of law to provide a survivor benefit. for a spouse shall, if the marriage of the participant to such spouse is dissolved, be recomputed and paid for each full month during which an annu- itant is not married (or is remarried if there is no election in effect under the following sentence) as if the annuity had not been. so re- duced, subject to any reduction required to provide a survivor bene- fit under section 222 (b) or (c). Upon remarriage the retired partici- pant may irrevocably elect, by means of a signed writing received by the Director within one year after such remarriage, to receive during such marriage a reduction in annuity for the purpose of al- lowing an annuity for the new spouse of the annuitant in the event such spouse survives the annuitant. Such reduction shall be equal to the reduction in effect immediately before the dissolution of the previous marriage (unless such reduction is adjusted under section 222(b)(5)), and shall be effective the first day of the first month be- ginning one year after the date of remarriage. A survivor annuity elected under this subsection shall be treated in all respects as a survivor annuity under subsection (b). "(o) The. Director shall, on an annual basis- "(1) inform each participant of his or her right of election under subsections (f)(2) and (n); and "(2) to the maximum extent practicable, inform spouses or former spouses of participants or former participants of their rights under this section and sections 222, 223, and 234 (c), (d), and (e).". COMPUTATION OF: ANNUITIES FOR FORMER SPOUSES SEC. 606. Part C of title II of the Central Intelligence Agency Re- tirement Act of 1964 for Certain Employees is amended by adding at the end thereof the following: "COMPUTATION OF ANNUITIES FOR FORMER SPOUSES "SEC. 222. (a)(1) Unless otherwise expressly provided by any spousal agreement or court order under section 263(b), a former spouse of a participant or former participant is entitled to an annu- ity- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 nuInvnicniivN ACT FOR 1983 171 "(A) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or "(B) if not married to the participant throughout such credit- able service, equal to a proportion of 50 percent of such annu- ity which is the proportion that the number of days of the mar- riage of the former spouse to the participant during periods of creditable service of such participant under this Act bears to the total number of days of creditable service. "(2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age. "(3) The annuity of a former spouse under this subsection com- mences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this title or on the first day of the month after the divorce or annulment involved be- comes final, whichever is later. The annuity of such former spouse and the right thereto terminate on- "(A) the last day of the month before the former spouse dies or remarries before 60 years of age; or "(B) the date the annuity of the participant terminates (except in the case of an annuity subject to paragraph 4(B)). "(4)(A) The annuity payable to any participant shall be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such re- duction shall be disregarded in calculating the survivor annuity for any spouse, former spouse, or other survivor under this title, and in calculating any reduction in the annuity of the participant to provide survivor benefits under subsection (b) or section 221(b). "(B) If any annuitant whose annuity is reduced under subpara- graph (A) is recalled to service under section 271, or reinstated or reappointed, in the case of a recovered disability annuitant, or if any annuitant is reemployed as provided for under sections 272 and 273, the salary of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had contin- ued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the fund. "(5) Notwithstanding paragraph (3), in the case of any former spouse of a disability annuitant- "(A) the annuity of that former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for an annuity under this title (other than a disability annuity) or the date the disability annuity begins, whichever is later, and "(B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the partici- pant would otherwise so qualify. "(6) An annuity under this subsection shall be treated the same as a survivor annuity under subsection (b) for purposes of section 221(g)(2) or any comparable provision of law. "(7) No spousal agreement or court order under section 263(b) in- volving any participant may provide for an annuity or any combi- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 172 AUTHORIZATION ACT FOR 1983 nation of annuities under this subsection which exceeds the annu- ity of the participant. No such court order relating to an annuity under this subsection may be given effect if it is issued more than 12 months after the date the divorce or annulment involved be- comes final. "(b)(1) Subject to any election under section 221(b)(1)(C) and unless otherwise expressly provided by any spousal agreement or court order under section 263(b), if a former participant who is en- titled to receive an annuity is survived by a former spouse, the former spouse shall be entitled to a survivor annuity- "(A) if married to the participant throughout the creditable service of the participant, equal to 55 percent of the full amount of the participant's annuity, as computed under sec- tion 221(a), or "(B) if not married to the participant throughout such credit- able service, equal to a proportion of 55 percent of the full amount of such annuity which is the proportion that the number of days of the marriage of the former spouse to the former participant during periods of creditable service of such former participant under this Act bears to the total number of days of such creditable service. "(2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age. "(3) An annuity payable from the fund to a surviving former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60. If such a survivor annuity is terminated because of remar- riage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund. "(4)(A) The maximum survivor annuity or combination of survi- vor annuities under this section (and section 221(b)(3)) with respect to any participant or former participant may not exceed 55 percent of the full amount of the participant's annuity, as calculated under section 221(a). "(B) Once a survivor annuity has been provided under this sub- section for any former spouse, a survivor annuity for another indi- vidual may thereafter be provided under this subsection (or section 221(b)(3)) with respect to a participant or former participant only for that portion (if any) of the maximum available which is not committed for survivor benefits for any former spouse whose pro- spective right to such annuity has not terminated by reason of death or remarriage. "(C) After the death of a participant or former participant, a court order under section 263(b) may not adjust the amount of the annuity of any former spouse under this section. "(5)(A) For each full month after a former spouse of a participant or former participant dies or remarries before attaining age 60, the annuity of the participant, if reduced to provide a survivor annuity for that former spouse, shall be recomputed and paid as if the an- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ICIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 AUTHURILATION ACT FOR 1983 173 nuity had not been so reduced, unless an election is in effect under subparagraph (B). "(B) .Subject to paragraph (4)(B), the participant may elect in writing within one year after receipt of notice of the death or re- marriage of the former spouse to continue the reduction in order to provide a higher survivor annuity under section 221(b)(3) for any spouse of the participant. "(c)(1) In the case of any participant or former participant pro- viding a survivor annuity benefit under subsection (b) for a former spouse- "(A) such participant may elect, or "(B) a spousal agreement or court order under section 263(b) may provide for, an additional survivor annuity under this subsection for any other former spouse or spouse surviving the participant, if the partici- pant satisfactorily passes a physical examination as prescribed by the Director. "(2) Neither the total amount of survivor annuity or annuities under this subsection with respect to any participant or former participant, nor the survivor annuity or annuities for any one sur- viving spouse or former spouse of such participant under this sec- tion or section 221, shall exceed 55 percent of the full amount of the participant's annuity, as computed under section 221(a). "(3)(A) In accordance with regulations which the Director shall prescribe, the participant involved may provide for any annuity under this subsection- 19(i) by a reduction in the annuity or an allotment from the salary of the participant, "(ii) by a lump-sum payment or installment payments to the fund, or "(iii) by any combination thereof. "(B) The present value of the total amount to accrue to the fund under subparagraph (A) to provide any annuity under this subsec- tion shall be actuarially equivalent in value to such annuity, as cal- culated upon such tables of mortality as may from time to time be prescribed for this purpose by the Director. "(C) If a former spouse predeceases the participant or remarries before attaining age 60 (or, in the case of a spouse, the spouse does not qualify as a former spouse upon dissolution of the marriage)- "(i) if an annuity reduction or salary allotment under sub- paragraph (A) is in effect for that spouse or former spouse, the annuity shall be recomputed and paid as if it had not been re- duced or the salary allotment terminated, as the case may be, and "(ii) any amount accruing to the" fund under subparagraph (A) shall be refunded, but only to the extent that such amount may have exceeded the actuarial cost of providing benefits under this subsection for the period such benefits were provid- ed, as determined under regulations prescribed by the Director. "(D) Under regulations prescribed by the Director, an annuity shall be recomputed (or salary allotment terminated or adjusted), and a refund provided (if appropriate), in a manner. comparable to that provided under subparagraph (C), in order to reflect a termi- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 174 AUTHORIZATION ACT FOR 1983 nation : or reduction of future benefits under this subsection for a spouse in the event a former spouse of the participant dies or re- marries before attaining age 60 and an increased annuity is provid- ed. for that spouse in accordance with this section. "(4). An annuity payable under this subsection to a spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60. "(5)' Section. 291 shall not apply to any annuity under this subsec- tion, unless authorized under regulations by the Director. "(d) Section 221(1) shall not apply- "(1) to any annuity payable under subsection (a) or (b) to any former spouse if the amount of that annuity varies by reason of a spousal agreement or court order under section 263(b), or an election under section 221(b)(1)(B), from the amount which would be calculated under subsection (a)(1) or (b)(1), as the case may be, in the absence of such spousal agreement, court order, or election; or "(2) to any annuity payable under subsection (c).". SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES SEC. 607. Part C of title II of the Central Intelligence. Agency Re- tirement Act of 1964 for Certain Employees, as amended by section 606 of this title, is further .amended by adding at the end thereof the following: "ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES "SEC. 223. (a) Any participant or former participant in the Cen- tral Intelligence Agency Retirement and Disability System who on November 15, 1982, has a former spouse may, by a spousal agree- ment, elect to receive a reduced annuity and provide a survivor an- nuity for such former spouse under section 222(b). "(b)(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement. "(2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe. "(3) For the purposes of applying this Act, any such election shall be treated in the same manner as if it were a spousal agreement under section 263(b). "(c) An 'election under this section may provide for a survivor benefit based on all or any portion of that part of the annuity of the participant which is not designated or committed as abase for survivor benefits for a spouse or any other former spouse of the participant. The participant and his or her spouse may make an election under section 221(b)(1)(B) prior to the time of retirement for the purpose of allowing-an election to be made under this sec- tion. "(d) The amount of the reduction in the participant's annuity shall be determined in accordance with section 221(b)(2). Such re- duction shall be effective as of- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : 'CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 JN ACT FOR 1983 175 "(1) the commencing date of the participant's annuity, in the case of an election under subsection (b)(1), or "(2) November 15, 1982, in the case of an election under sub- section (b)(2).". SEC. 608. Section 234 of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees is amended- (1) by striking out in subsection (a) "Any" and inserting in lieu thereof the following: "Subject to the limitations contained in subsections (c), (d), and (e), any"; and (2) by adding at the end thereof the following: "(c) Whenever a participant becomes separated from the Agency without becoming eligible for an annuity or a deferred annuity under this Act and becomes entitled to receive a lump-sum pay- ment under this section or section 241, a share of that lump-sum payment shall be paid to any former spouse of the participant in accordance with subsections (d) and (e). "(d) Unless otherwise expressly provided by any spousal agree- ment or court order under section 263(b), the amount of a partici- pant's or former participant's lump-sum credit under this section or under section 241 payable to a former spouse of that participant shall be- "(1) if the former spouse was married to the participant throughout the period of creditable service of the participant, 50 percent of such lump-sum credit to which such participant would be entitled in the absence of this subsection; or "(2) if such former spouse was not married to the participant throughout such creditable service, an amount equal to a pro- portion of 50 percent of such lump-sum credit which is the pro- portion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this Act bears to the total number of days of such creditable service. Such lump-sum credit of the participant shall be reduced by the amount of the lump-sum credit payable to the former spouse. "(e) A lump-sum payment under this section or section 241 of this Act may be paid by the Director. to or for the benefit of a par- ticipant- "(1) only upon written notification by the Director to a cur- rent spouse of the participant, if any; and "(2) only if the express written concurrence of that spouse has been received by the Director.". SPOUSAL AGREEMENTS; COURT DECREES SEC. 609. The Central Intelligence Agency Retirement Act of 1964 for Certain Employees is further amended- (1) by striking out "None" in section 263 and inserting in lieu thereof "(a) Except as provided in subsection (b) of this sec- tion, none"; and (2) by adding at the end thereof the following: "(b) Payments under this Act which would otherwise be made to a participant or the child, survivor, or former spouse of a partici- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 176 AUTHORIZATION ACT FOR 1983 .pant based upon the service of the participant shall be paid (in whole or in part) by the Director directly to the participant, or child, survivor, or former spouse of the participant according to the terms of any legally enforceable spousal agreement or recognized court decree of divorce, annulment, or_ legal separation between the -participant and that former spouse, or the terms of any, recognized court order or court-approved property settlement agreement inci- dent to any such spousal agreement or court decree of divorce, an- nulment, or legal separation. Any payment under this subsection to a party to a spousal agreement, or court decree of divorce, an- nulment, or legal separation or property settlement agreement in- cident,thereto shall bar recovery by any other person.". SEC. 610. The Central- Intelligence Agency Retirement Act of 1964 for Certain Employees is further amended- (1) by striking~:_out in the first sentence of section 221(f) "Any" and inserting in lieu thereof the following: "Subject to the rights of former spouses under sections 221(b) and 222, any"; and (2) by adding to subsection 221(1) the following paragraph: "(4) This subsection shall not apply to the extent provided in sec- tion 222(d).". SEC. 611. Section 211 of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees is amended by adding at the end thereof the following new subsection: "(c) Amounts deducted and withheld from the basic salary of a participant under this section from the beginning of the first pay period after the participant has completed thirty-five years of cred- itable service computed under sections 251 and 252 (excluding serv- ice credit for unused sick leave under section 221(h)), together with interest on these amounts at the rate of 3 percent a year com- pounded annually from the date of the deduction to the date of re- tirement or death, shall be applied toward any special contribution due under section 252(b), and any. balance not so required shall be refunded in a lump sum to the participant after separation (or, in the event of a death in service, to a beneficiary in order of prece- dence specified in subsection 241(b)(1)), subject to any restrictions on lump sums under section 234 of this Act regarding notification or consent of a current spouse to such payments, or the participant may use these sums to purchase an additional annuity in accord- ance with section 281, or any other elective benefits authorized by this Act, including additional retirement or survivor benefits for a current or former spouse or spouses.". PARTICIPANTS IN THE CIVIL SERVICE RETIREMENT SYSTEM SEC. 612. The Central Intelligence Agency Act of 1949 (50 U.S.C. 403 a-m) is amended by adding at the end thereof the following new section: Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 ~ ACT FOR 1983 177 "RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES "SEC. 14. (a) The provisions of sections 204, 221(b) (1)-(3), 221(f), 221(g)(2), 221(1), 221(m), 221(n), 221(o), 222, 223, 234(c), 234(d), 234(e), and 263(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) establishing cer- tain requirements, limitations, rights, entitlements, and benefits relating to retirement annuities, survivor benefits, and lump-sum payments for a spouse or former spouse of an Agency employee who is a participant in the Central Intelligence Agency Retirement and Disability System shall apply in the same manner and to the same extent in the case of an Agency employee who is a partici- pant in the Civil Service Retirement and Disability System. "(b) The Director of the Office of Personnel Management, in con- sultation with the Director of Central Intelligence, shall prescribe such regulations as may be necessary to implement the provisions of this section.". SEC. 613. (a) Except as provided in subsections (b) and (c) of this section, this title shall take effect on November 15, 1982. (b) The provisions of section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as added by this title, regarding the rights of former spouses to an annuity shall apply in the case of any individual who after the effective date of this title becomes a former spouse of an individual who sep- arates from service with the Agency after such date. (c) Except to the extent provided in section 223 of the Central In- telligence Agency Retirement Act of 1964 for Certain Employees, the provisions of section 221(b) (as amended by this title) and the provisions of subsections (b) and (c) of section 222 of such Act, as added by this title, regarding the rights of former spouses to re- ceive survivor annuities shall apply in the case of any individual who after the effective date of this title becomes a former spouse of a participant or former participant in the Central Intelligence Agency Retirement and Disability System. SEC. 701. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelli- gence activity which is not otherwise authorized by the Constitu- tion or laws of the United States. INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW SEC. 702. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be in- creased by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 178 AUTHORIZATION ACT FOR 1983 SEC. 703. The provisions of titles IV and V and of this title shall become effective upon the date of the enactment of this Act. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ICIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1982 AN ACT To authorize appropriations for fiscal year 1982 for the intelligence and intelligence-related activities of the United States Government, for the Intelli- gence Community Staff, and for the Central Intelligence Agency Retirement and Disability System, to authorize supplemental appropriations for fiscal year 1981 for the intelligence and intelligence-related activities of the United States Govern- ment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence Authorization Act for Fiscal Year 1982". AUTHORIZATION OF APPROPRIATIONS SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1982 for the conduct of the intelligence and intelligence- related activities of the following agencies of- the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OF AUTHORIZATIONS SEC. 102. (a) Except as provided in subsection (b), the amounts au- thorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1982, for the conduct of the intelligence and intelligence-related activities of the agencies listed in such section, are those specified in the classified Schedule of Au- thorizations prepared by the committee of conference to accompany H.R. 3454 of the Ninety-seventh Congress. That Schedule of Au- thorizations shall be made available to the Committees on Appro- priations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. (b) The Director of Central Intelligence may authorize the em- ployment of civilian personnel by the Central Intelligence Agency Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ICIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 180 AUTHORIZATION ACT FOR 1982 in excess of the number authorized by subsection (a) when he deter- mines that such action is necessary to the performance of impor- tant intelligence functions, except that such additional number may not exceed two percent of the total number authorized for the Central Intelligence Agency by such subsection. (c) The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Rep- resentatives and the Select Committee on Intelligence of the Senate of any authorization to increase civilian personnel of the Central Intelligence Agency under subsection (b). CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF PROGRAM AUTHORIZATIONS SEC. 103. During fiscal year 1982, funds may not be made avail- able for any activity for which funds are authorized to be appropri- ated by this Act unless such funds have been specifically author- ized for such activity or, in the case of funds appropriated for a dif- ferent activity, unless the Director of Central Intelligence or the Secretary of Defense has notified the appropriate committees of Congress of the intent to make such funds available for such activi- ty- AUTHORIZATION OF APPROPRIATIONS FOR COUNTER-TERRORISM . ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION SEC. 104. In addition to the amounts authorized to be appropri- ated under section 101(9), there is authorized to be appropriated for fiscal year 1982 the sum of $11,900,000 for the conduct of the activi- ties of the Federal Bureau of Investigation to counter terrorism in the United States. SEC. 201. There is authorized to be appropriated for the Intelli- gence Community Staff for fiscal year 1982 the sum of $13,600,000. AUTHORIZATION OF PERSONNEL END-STRENGTH SEC. 202. (a) The Intelligence Community Staff is authorized two hundred and twenty full-time personnel as of September 30, 1982. Such personnel may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government. (b) During fiscal year 1982, personnel of the Intelligence Commu- nity Staff shall be selected so as to provide appropriate representa- tion from elements of the United States Government engaged in in- telligence and intelligence-related activities. (c) During fiscal year 1982, any officer or employee of the United States or member of the Armed Forces who is detailed to the Intel- ligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 AUTHORIZATION ACT FOR 1982 181 the performance of temporary functions as required by the Direc- tor of Central Intelligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY SEC. 203. During fiscal year 1982, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-4031) in the same manner as activities and personnel of the Central Intelli- gence Agency. TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM AUTHORIZATION OF APPROPRIATIONS SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1982 the sum of $84,600,000. TITLE IV-SUPPLEMENTAL AUTHORIZATION FOR FISCAL YEAR 1981 SEC. 401. In addition to the funds authorized to be appropriated under title I of the Intelligence Authorization Act for Fiscal Year 1981 (Public Law 96-450; 94 Stat. 1975), funds are hereby author- ized to be appropriated for fiscal year -1981 for the conduct of the intelligence and intelligence-related activities of the United States Government. The amounts authorized to be appropriated under the preceding sentence are those specified for that purpose in the clas- sified Schedule of Authorizations described in section 102. TITLE V-GENERAL PROVISIONS RELATING TO THE CENTRAL INTELLIGENCE AGENCY ALLOWANCES AND BENEFITS FOR CENTRAL INTELLIGENCE AGENCY PERSONNEL SEC. 501. [Section 501 added a new subsection (b) to section 4 of the'Central Intelligence Agency Act of 1949.] AUTHORITY TO CARRY FIREARMS SEC. 502. [Section 502 provided a new text for section 5(d) of the Central Intelligence Agency Act of 1949.] UNAUTHORIZED USE OF CENTRAL INTELLIGENCE AGENCY NAME, . INITIALS, OR SEAL SEC. 503. [Section 503 added a new section 13 to the Central In- telligence Agency Act of 1949.] Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 182 AUTHORIZATION ACT FOR 1982 SEC. 504. [Section 504 amended section 303 of the National Secu- rity Act of 1947.] TITLE VI-GENERAL PROVISIONS RELATED TO THE NATIONAL SECURITY AGENCY ALLOWANCES AND BENEFITS FOR NATIONAL SECURITY AGENCY PERSONNEL . SEC. 601. [Section 601 amended section 9 of the National Security Agency Act of 1959.] SEC. 602. [Section 602 added a new section 10 to the National Se- curity Agency Act of 1959 and redesignated the existing section 10 as subsection (i) of section 9.] SENIOR CRYPTOLOGIC EXECUTIVE SERVICE; CRYPTOLOGIC RESEARCH GRANTS; CRYPTOLOGIC PROCUREMENT; MISUSE OF AGENCY NAME SEC. 603. [Section 603 added new sections 12 through 15 to the National Security Agency Act of 1959.] TITLE VII-DEFENSE INTELLIGENCE AGENCY PERSONNEL PROVISIONS DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE; MERIT PAY SYSTEM SEC. 701. (a) [Section 701(a) added a new chapter 83 to title 10, United States Code.] TITLE VIII-PROVISIONS APPLICABLE TO MORE THAN ONE AGENCY AND EFFECTIVE DATE EXCLUSION FROM VETERANS PREFERENCE PROVISIONS SEC. 801. Section 2108(3) of title 5, United States Code, is amend- ed by striking out "or the General Accounting Office" and insert- ing in lieu thereof ", the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the General Accounting Office". ACCUMULATION OF ANNUAL LEAVE NOT SUBJECT TO LIMITATION SEC. 802. Section 6304 of title 5, United States Code, is amended by striking out subsections (f) and (g) and inserting in lieu thereof the following: "(f) Annual leave accrued shall not be subject to the limitation on accumulation otherwise imposed by this section if such leave is accrued by an individual while serving in a position in- "(1) the Senior Executive Service; "(2) the Senior Foreign Service; "(3) the Defense Intelligence Senior Executive Service; or "(4) the Senior Cryptologic Executive Service.". Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 ~ ACT FOR 1982 183 SEC. 803. Section 8336 of title 5, United States Code, is amended by inserting "(1)" after "(h)" and by adding at the end thereof the following new paragraph: "(2) A member of the Defense Intelligence Senior Executive Serv- ice or the Senior Cryptologic Executive Service ' who is removed from such service for less than fully successful executive perform- ance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an an- nuity.". SEC. 804. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be in- creased by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES SEC. 805. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelli- gence activity which is not otherwise authorized by the Constitu- tion or laws of the United States. SEC. 806. The amendments made by titles V, VI, and VII and by this title shall take effect as of October 1, 1981. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1981 PUBLIC LAW 96-450-OCTOBER 14, 1980 AN ACT To authorize appropriations for fiscal year 1981 for the intelligence and intelligence-related activities of the United States Government, for the Intelli- gence Community Staff, and for the Central Intelligence Agency Retirement and Disability System, and for other purposes. Be it enacted by the Senate and House of the Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence Authorization Act for Fiscal Year 1981". AUTHORIZATION OF APPROPRIATIONS SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1981 for the conduct of the intelligence and intelligence- related activities of the following agencies of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OF AUTHORIZATIONS SEC. 102. The amounts authorized to be appropriated under sec- tion 101, and the authorized personnel ceilings as of September 30, 1981, for the conduct of the intelligence and intelligence-related ac- tivities of the agencies listed in such section, are those specified in the classified Schedule of Authorizations prepared by the commit- tee of conference to accompany S. 2597 of the 96th Congress. That Schedule of Authorizations shall be made available to the Commit- tees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable dis- tribution of the schedule, or of appropriate portions of the sched- ule, within the executive branch. 70-116 0 - 87 - 7 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 186 AUTHORIZATION ACT FOR 1981 CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF PROGRAM AUTHORIZATIONS SEC. 103. During fiscal year 1981, funds may not be obligated or expended for any program for which funds are authorized to be ap- propriated by section 101 in an amount in excess of the amount specified for that program in the classified Schedule of Authoriza- tions described in section 102 unless the Director of Central Intelli- gence or the Secretary of Defense notifies the appropriate commit- tees of Congress of the intent to make such obligation or expendi- ture not less than fifteen days before such obligation or expendi- ture is made. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES SEC. 104. Nothing contained in this Act shall be deemed to consti- tute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION SEC. 105. In addition to the amounts authorized to be appropri- ated under section 101(9), there is authorized to be appropriated for fiscal year 1981 the sum of $11,400,000 for the conduct of the activi- ties of the Federal Bureau of Investigation to counter terrorism in the United States. SEC. 201. There is authorized to be appropriated for the Intelli- gence Community Staff for fiscal year 1981 the sum of $17,824,000. SEC. 202. (a) The Intelligence Community Staff is authorized two hundred and forty-five full-time personnel as of September 30, 1981. Such personnel may be permanent employees of the Intelli- gence Community Staff or personnel detailed from other elements of the United States Government. (b) During fiscal year, 1981, personnel of the Intelligence Commu- nity Staff shall be selected so as to provide appropriate representa- tion from elements of the United States Government engaged in in- telligence and intelligence-related activities. (c) During fiscal year 1981, any officer or employee of the United States or member of the Armed Forces who is detailed to the Intel- ligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable-basis for a period of less than one year for the performance of temporary functions as required by the Direc- tor of Central Intelligence. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-005308000300580001 -0 INTELLIGENCE COMMUNITY STAFF. ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY .SEC. 203. During fiscal year 1981, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-403j) in the same manner as activities and personnel of the Central Intelli- gence Agency. TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM AUTHORIZATION OF APPROPRIATIONS SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund. for fiscal year 1981 the sum of $55,300,000. TITLE IV-GENERAL PROVISIONS FUNDS TRANSFERS BY THE SECRETARY OF DEFENSE SEC. 401. [Section 401 added a new . section 140a to title 10, United States Code.] ADMINISTRATIVE PROVISIONS RELATING TO THE NATIONAL SECURITY AGENCY SEC. 402. (a) [Section 402(a) added new sections 9, 10, and 11 to the National Security Agency Act of 1959.] (b) Any individual who is liable to the United States for any overpayment which was made to or on behalf of such individual before October 1, 1980, under chapter 57 of title 5, United States Code, while such individual was an employee of or assigned to duty with the National Security Agency and which was subsequently de- termined to be subject to the limitations contained in section 4109(a)(2)(B) of such title is hereby relieved of liability to the United States for such overpayment. - AUTHORITY TO PAY DEATH GRATUITIES SEC. 403. (a) [Section 403(a) added a new section 11 to the Central Intelligence Agency Act of 1949.] (b) ?[Section 403(b) added a new section 1489 to title 10, United States Code.] SPECIAL PROVISIONS RELATING. TO THE WELFARE OF PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY SEC. 404. [Section 404 added a new section 12 to the Central In- telligence Agency Act of 1949.] AUTHORITY TO REMEDY UNJUSTIFIED PERSONNEL ACTIONS SEC. 405. (a) Whenever the Director of Central Intelligence finds during fiscal year 1981 that an employee-or former employee of the Central Intelligence Agency has unfairly had his career with the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 188 AUTHORIZATION ACT FOR 1981 Agency adversely affected as a result of allegations concerning the loyalty to the United States of such employee or former employee, the Director may grant such employee or former employee such monetary or other relief (including reinstatement and promotion) as the Director considers appropriate in the interest of fairness. (b) Any action of the Director under this section is now reviewa- ble in any other forum or in any court. (c) The authority of the Director to make payments under subsec- tion (a) is effective only to the extent that appropriated funds are available for that purpose. SEC. 406. [Section 406 added a new chapter 108 to title 10, United States Code.] SEC. 407. (a) [Section 407(a) amended section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422).] (b) [Section 407(b) added a new title V to the National Security Act of 1947.] - SEC. 408. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be in- creased by such additional. or supplemental amounts as .may be necessary for increases in such benefits authorized by law. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 INTELLIGENCE AND INTELLIGENCE-RELATED ACTIVITIES AUTHORIZATION ACT FOR FISCAL YEAR 1980 PUBLIC LAW 96-100-NOVEMBER 2, 1979 AN ACT To authorize appropriations for fiscal year 1980 for intelligence and intelli- gence-related activities of the United States Government, for the Intelligence Community Staff, and for the Central Intelligence Agency Retirement and Dis- ability System, to authorize supplemental appropriations for fiscal year 1979 for the intelligence and intelligence-related activities of the United States Govern- ment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence and Intelligence-Related Activities Au- thorization Act for Fiscal Year 1980". TITLE I-INTELLIGENCE ACTIVITIES SEC. 101. (a) Funds are hereby authorized to be appropriated for fiscal year 1980 for the conduct of the intelligence and intelligence- related activities of the following departments, agencies, and other elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. (b) The amounts authorized to be appropriated under this Act, and the authorized personnel ceilings as of September 30, 1980, for the conduct of the intelligence and intelligence-related activities of the agencies listed in subsection (a) are those listed in the classified Schedule of Authorizations prepared by the committee of confer- ence to accompany the conference report on the bill S. 975, 96th Congress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. (c) Nothing contained in this Act shall be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 190 AUTHORIZATION ACT OF 1980 (d) In addition to the amounts authorized to be appropriated under subsection (a)(9), there is authorized to be appropriated for fiscal year 1980 the sum of $12,100,000 for the conduct of the activi- ties of the Federal Bureau of Investigation to counter terrorism in the United States. TITLE II-INTELLIGENCE COMMUNITY STAFF SEC. 201. (a) There is authorized to be appropriated for the Intel- ligence Community Staff for fiscal year 1980 the sum of $11,500,000. (b)(1) The Intelligence Community Staff is authorized 245 full- time personnel as of September 30, 1980. Such personnel may be permanent employees of the Intelligence Community Staff or per- sonnel detailed from other elements of the United States Govern- ment. (2) During fiscal year 1980, personnel of the Intelligence Commu- nity Staff shall be selected so as to provide appropriate representa- tion from elements of the United States Government engaged in in- telligence and intelligence-related activities. (3) During fiscal year 1980, any officer or employee of the United States or member of the Armed Forces who is detailed to the Intel- ligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Direc- tor of Central Intelligence. (c) During fiscal year 1980, activities and personnel of the Intelli- gence Community Staff shall be subject to the provisions of the Na- tional Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-403j) in the same manner as activities and personnel of the Central Intelligence Agency. SEC. 202. Section 202 consisted of an amendment to section 201 of the Intelligence and Intelligence-Related Activities Authorization Act for Fiscal Year 1979 (Public Law 95-370; 92 Stat. 626). TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1980 the sum of $51,600,000. TITLE IV-SUPPLEMENTAL AUTHORIZATION, FISCAL YEAR 1979 SEC. 401. In addition to the funds authorized to be appropriated under title I of the Intelligence and Intelligence-Related Activities Authorization Act for Fiscal Year 1979 (Public Law 95-370; 92 Stat. 626), funds are hereby authorized to be appropriated for fiscal year 1979 for the conduct of intelligence and intelligence-related activi- ties of the United States Government in the amounts listed in the classified Scheduled of Authorizations described in section 101(b). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 )N ACT OF 1980 191 TITLE V-TECHNICAL PROVISIONS SEC. 501. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be in- creased by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law. SEC. 502. [Section 502 consisted of an amendment to section 5924(4)(B) of title 5, United States Code, relating to payment of travel expenses to and from schools in the United States of depend- ents of certain employees serving overseas.] Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 INTELLIGENCE AND INTELLIGENCE-RELATED ACTIVITIES AUTHORIZATION ACT FOR FISCAL YEAR 1979 PUBLIC LAW 95-370-SEPTEMBER 17, 1978 AN ACT To authorize appropriations for fiscal year 1979 for intelligence and intelli- gence-related activities of the United States Government, the Intelligence Com- munity Staff, the Central Intelligence Agency Retirement and Disability System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence and Intelligence-Related Activities Au- thorization Act for Fiscal Year 1979". TITLE I-INTELLIGENCE ACTIVITIES SEC. 101. (a) Funds are hereby authorized to be appropriated for fiscal year 1979 for the conduct of the intelligence and intelligence- related activities of the following departments, agencies, and other elements of the United States Government: (1) The Central Intelligence Agency and the Director of Cen- tral Intelligence. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. (b) The classified annex to the joint explanatory statement pre- pared by the Committee of Conference to accompany the Confer- ence Report on H.R. 12240 of the Ninety-fifth Congress shall be deemed to reflect the final action of the Congress with respect to the authorization of appropriations for fiscal year 1979 for intelli- gence and intelligence related activities of the United States Gov- ernment, including specific amounts for activities specified in sub- section (a). Copies of such annex shall be made available to the Committees on Appropriations of the House of Representatives and the Senate and to the appropriate elements of the United States Government for which funds are authorized by this Act under sub- section (a). (c) Nothing contained in this Act shall be deemed to constitute authority for the conduct of any intelligence activity which is pro- hibited by the Constitution or laws of the United States. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 j 194 AUTHORIZATION ACT OF 1979 TITLE II-INTELLIGENCE COMMUNITY STAFF SEC. 201. (a) There is authorized to be appropriated for the Intel- ligence Community Staff for fiscal year 1979 the sum of $12,700,000 to provide the support necessary to permit the Director of Central Intelligence to fulfill his responsibility for directing the substantive functions and managing the resources for intelligence activities. (b) For fiscal year 1979 the Intelligence Community Staff is au- thorized an end strength ceiling of two hundred and sixty-nine full- time employees. Such personnel may be permanent employees or employees on detail from other elements of the United States Gov- ernment so long as they are properly counted within the ceiling and there is a mix of positions to allow appropriate representation from elements of the United States Government engaged in intelli- gence and intelligence-related activities. TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability System for the fiscal year 1979 the sum of $43,500,000. TITLE IV-ADMISSION OF CERTAIN EXCLUDABLE ALIENS SEC. 401. By October 30, 1979, the Attorney General shall report to the Permanent Select Committee on Intelligence and the Com- mittee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judici- ary of the Senate regarding those cases during the period begin- ning on October 1, 1978, and ending on September 30, 1979, in which (1) the Director of the Federal Bureau of Investigation has notified the Attorney General that the Director knows or has reason to believe that an alien applying for admission into the United States is an excludable alien under the terms of section 212(a) (27), (28), or (29) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), and (2) such alien is subsequently admitted into the United States. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 II. SELECTED LAWS OF INTEREST TO THE NATIONAL INTELLIGENCE COMMUNITY Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 A. DISCLOSURE AND PROTECTION OF INFORMATION SECTION 552 OF TITLE 5, UNITED STATES CODE (THE "FREEDOM OF INFORMATION ACT") ? 552. Public information; agency rules, opinions, orders, records, and proceedings (a) Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public- (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and .the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, includ- ing the nature and requirements of all formal and infor- mal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instruc- tions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or in- terpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be re- quired to resort to, or be adversely affected by, a matter re- quired to be published in the Federal Register and not so pub- lished. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by refer- ence therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection and copying- (A) final opinions, including concurring' and dissenting opinions, as well as orders, made in the adjudication of cases; (B) those statements of policy and interpretations which have been adopted by. the agency and are not published in the Federal Register; and Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 198 SELECTED LAWS OF INTEREST (C) administrative staff manuals and instructions to staff that affect a member of the public; unless the materials are promptly published and copies offered for sale. To the extent required to prevent a clearly unwar- ranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction. However, in each case the justification for the de- letion shall be explained fully in writing. Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or other- wise) copies of each index or supplements thereto unless it de- termines by order published in the Federal Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of such index on request at a cost not to exceed the direct cost of duplication. A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if- (i) it has been indexed and either made available or pub- lished as provided by this paragraph; or (ii) the party has actual and timely notice of the terms thereof. (3) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (A) reasonably describes such records and (B) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be fol- lowed, shall make the records promptly available to any person. (4)(A)(i) In order to carry 'out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such schedule shall conform to the guidelines which shall be promulgated, pursu- ant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies. (ii) Such agency regulations shall provide that- (I) fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use; (II) fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I SELECTED LAWS OF INTEREST 199 scholarly or scientific research; or a representative of the news media; and (III) for any request not described in (I) or (II), fees shall be limited to reasonable standard charges for document search and duplication. (iii) Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not pri- marily in the commercial interest of the requester. (iv) Fee schedules shall provide for the recovery of only the direct costs of search, duplication, or review. Review costs shall include only the direct costs incurred during the initial exami- nation of a document for the purposes of determining whether the documents must be disclosed under this section and for the purposes of withholding any portions exempt from disclosure under this section. Review costs may not include any costs in- curred in resolving issues of law or policy that may be raised in the course of processing a request under this section. No fee may be charged by any agency under this section- (I) if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or (II) for any request described in clause (ii) (II) or (III) of this subparagraph for the first two hours of search time or for the first one hundred pages of duplication. (v) No agency may require advance payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the agency has determined that the fee will exceed $250. (vi) Nothing in this subparagraph shall supersede fees chargeable under a statute specifically providing for setting the level of fees for particular types of records. (vii) In any action by a requester regarding the waiver of fees under this section, the court shall determine the matter de novo: Provided, That the court's review of the matter shall be limited to the record before the agency. (B) On complaint, the district court of the United States in the district in which the complainant resides, or has his princi- pal place of business, or in which the agency records are situat- ed, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding agency records and to order the pro- duction of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action. (C) Notwithstanding any other provision of law, the defend- ant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ZUU SELECTED LAWS OF INTEREST upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown. (E) The court may assess against the United States reasona- ble attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed. (F) Whenever the court orders the production of any agency records improperly withheld from the complainant and assess- es against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a writ- ten finding that the circumstances surrounding the withhold- . ing raise questions whether agency personnel acting arbitrar- ily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to- determine whether disciplinary action is warranted against the officer or employee who- was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recom- mendations to the administrative authority of the agency con- cerned and shall send copies of the findings and recommenda- tions to the officer or employee or his representative. The ad- ministrative authority shall take the corrective action that the Special Counsel recommends. (G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsi- ble employee, and in the case of a uniformed service, the re- sponsible member. (5) Each agency having more than one member shall main- tain and make available for public inspection ' a record of the final votes of each member in every agency proceeding. (6)(A) Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall- (i) determine within- ten days (excepting Saturdays, Sun- days, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and (ii) make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of -the provisions for judicial review of that determination under paragraph (4) of this subsection. (B) In unusual circumstances as specified in this subpara- graph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the reasons for such extension and the date on which a determination is ex- pected to be dispatched. No such notice shall specify a date that would result in. an extension for more than ten working Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-OLAWS OF INTEREST 201 days. As used in this subparagraph, "unusual circumstances" means, but only to the extent reasonably necessary to the proper processing of the particular request- (i) the need to search for and collect the requested records from field facilities or, other establishments that are separate from the office processing the request; (ii) the need to search for, collect, and appropriately ex- amine a voluminous amount of separate and distinct records which are demanded in a single request; or (iii) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having sub- stantial subject-matter interest therein. (C) Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with re- spect to such request if the agency fails to comply with the ap- plicable time limit provisions of this paragraph. If the Govern- ment can show exceptional circumstances exist and that the agency is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency addi- tional time to complete its review of the records. Upon any de- termination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Any notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request. (b) This section does not apply to matters that are- (1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national de- fense or foreign policy and (B) are in fact properly classified pursuant to such Executive order; (2) related solely to the internal personnel rules and prac- tices of an agency; (3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the. public in such a manner as to leave no discretion on the issue, or (B) estab- lishes particular criteria for withholding or refers to particular types of matters to be withheld; (4) trade secrets and commercial or financial information ob- tained from a person and privileged or confidential; (5) inter-agency or intra-agency memorandums or letters which would not. be available by law to a party other than an agency in litigation with the agency; (6) personnel and medical files and similar files the disclo- sure of which would constitute a clearly unwarranted invasion of personal privacy; (7) records or information compiled for law enforcement pur- poses, but only to the extent that the production of such law enforcement records or information (A) could reasonably be ex- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 202 SELECTED LAWS OF INTEREST pected to interfere with enforcement proceedings, (B) would de- prive a person of a right to a fair trial or an impartial adjudi- cation, (C) could reasonably be expected to constitute an un- warranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, in- cluding a State, local, or foreign agency or authority or any private institution which furnished information on a confiden- tial basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a crimi- nal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and proce- dures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be ex- pected to endanger the life or physical safety of any individual; (8) contained in or related to examination, operating, or con- dition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of finan- cial institutions; or (9) geological and geophysical information and data, includ- ing maps, concerning wells. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection. (c)(1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) and- (A) the investigation or proceeding involves a possible viola- tion of criminal law; and (B) there is reason to believe that (i) the subject of the inves- tigation or proceeding is not aware of its pendency, and (ii) dis- closure of the existence of the records could reasonably be ex- pected to inerfere with enforcement proceedings, the agency may, during only such time as that circumstance con- tinues, treat the records as not subject to the requirements of this section. (2) Whenever informant records maintained by a criminal law enforcement agency under an informant's name or personal identi- fier are requested by a third party according to the informant's name or personal identifier, the agency may treat the records as not subject to the requiements of this section unless the inform- ant's status as an informant has been officially confirmed. (3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terror- ism, and the existence of the records is classified information as provided in subsection (b)(1), the Bureau may, as long as the exist- ence of the records remains classified information, treat the records as not subject to the requirements.of this section. (d) This section does not authorize withholding of information or limit the availability of records to the public, except as specifically Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I JtLLG i to LAWS OF INTEREST 203 stated in this section. This section is not authority to withhold in- formation from Congress. (e) On or before March 1 of each calendar year, each agency shall submit a report covering the preceding calendar year to the Speak- er of the House of Representatives and President of the Senate for referral to the appropriate committees of the Congress. The report shall include- (1) the number of determinations made by such agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; (2) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; (3) the names and titles or positions of each person responsi- ble for the denial of records requested under this section, and the number of instances of participation for each; (4) the results of each proceeding conducted pursuant to sub- section (a)(4)(F), including a report of the disciplinary action taken against the officer or employee who was primarily re- sponsible for improperly withholding records or an explanation of why disciplinary action was not taken; (5) a copy of every rule made by such agency regarding this section; (6) a copy of the fee schedule and the total amount of fees collected by the agency for making records available under this section; and (7) such other information as indicates efforts to administer fully this section. The Attorney General shall submit an annual report on or before March 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subsec- tions (a)(4)(E), (F) and (G). Such reports shall also include a descrip- tion of the efforts undertaken by the Department of Justice to en- courage agency compliance with this section. (f) For purposes of this section, the term "agency" as defined in section 551(1) of this title includes any executive department, mili- tary department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. SECTION 552a OF TITLE 5, UNITED STATES CODE (THE "PRIVACY ACT") ?552a. Records maintained on individuals (a) DEFINITIONS.-For purposes of this section- (1) the term "agency" means agency as defined in section 552(e) of this title; (2) the term "individual" means a citizen of the United States or an alien lawfully admitted for permanent residence; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 { 204 SELECTED LAWS OF INTEREST (3) the term "maintain" includes maintain, collect, use, or disseminate; (4) the term "record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment his- tory and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individ- ual, such as a finger or voice print or a photograph; (5) the term "system of records" means a group of any records under the control of any agency from which informa- tion is retrieved by the name of the individual or by some iden- tifying number, symbol, or other identifying particular as- signed to the individual; (6) the term "statistical record" means a record in a system of records maintained for statistical research or reporting pur- poses only and not used in whole or in part in making any de- termination about an identifiable individual, except as provid- ed by section 8 of title 13; and (7) the term "routine use" means, with respect to the disclo- sure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected. (b) CONDITIONS OF DISCLOSURE.-No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursu- ant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be- (1) to those officers and employees of the agency which main- tains the record who have a need for the record in the per- formance of their duties; (2) required under section 552 of this title; (3) for a routine use as defined in subsection (a)(7) of this sec- tion and described under subsection (e)(4)(D) of this section; (4) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13; (5) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; (6) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value; (7) to another agency or to an instrumentality of any govern- mental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the ac- tivity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 SLLtLAto LAWS OF INTEREST 205 desired and the law enforcement activity for which the record is sought; (8) to a person pursuant to a showing of compelling circum- stances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual; (9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee; (10) to the Comptroller General, or any of his authorized rep- resentatives, in the course of the performance of the duties of the General Accounting Office; (11) pursuant to the order of a court of competent jurisdic- tion; or (12) to a consumer reporting agency in accordance with sec- tion 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d)). (c) ACCOUNTING OF CERTAIN DISCLOSURES.-Each agency, with re- spect to each system of records under its control, shall (1) except for disclosures made under subsections (b)(1) or (b)(2) of this section, keep an accurate accounting of- (A) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection (b) of this section; and (B) the name and address of the person or agency to whom the disclosure is made; (2) retain the accounting made under paragraph (1) of this subsection for at least five years or the life of the. record, whichever is longer, after the disclosure for which the account- ing is made; (3) Except for disclosures made under subsection (b)(7) of this section, make the accounting made under paragraph (1) of this subsection available to the individual named in the record at his request; and (4) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of this section. of any record that has been dis- closed to the person or agency if an accounting of the disclo- sure was made. (d) ACCESS To RECORDS.-Each agency that maintains a system of records shall- (1) upon request by any individual to gain access to his record or to any information pertaining to him which is con- tained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to. him, except that the agency may re- quire the individual to furnish a written statement authorizing discussion of that individual's record in the accompanying per- son's presence; (2) permit the individual to request amendment of a record pertaining to him and- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 206 SELECTED LAWS OF INTEREST (A) not later than 10 days (exluding Saturdays, Sundays, and legal public holidays) after the date of receipt of such request, acknowledge in writing such receipt; and (B) promptly, either- . (i) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or (ii) inform the individual of its refusal to amend the record in accordance with his requests, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business ad- dress of that official; (3) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such re- fusal, and not later than 30 days (excluding Saturdays, Sun- days, and legal public holidays) from the date on which the in- dividual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period; and, if after his review, the reviewing official also refuses to amend the record in ac- cordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the in- dividual of the provisions for judicial review of the reviewing official's determination under subsection (g)(1)(A) of this sec- tion; (4) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (3) of this subsection, clearly note any portion of the record which is dis- puted and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the rea- sons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed; and (5) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. (e) AGENCY REQUIREMENTS.-Each agency that maintains a system of records shall- (1) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by ex- ecutive order of the President; (2) collect information to the greatest extent practicable di- rectly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs; (3) inform each individual whom it asks to supply informa- tion, on the form which it uses to collect the information or on a separate form that can be retained by the individual- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 StLtcitu LAWS OF INTEREST 207 (A) the authority (whether granted by statute, or by ex- ecutive order of the President) which authorizes the solici- tation of the information and whether disclosure of such information is mandatory or voluntary; (B) the principal purpose or purposes for which the in- formation is intended to be used; (C) the routine uses which may be made of the informa- tion, as published pursuant to paragraph (4)(D) of this sub- section; and (D) the effects on him, if any, of not providing all or any part of the requested information; (4) subject to the provisions of paragraph (11) of this subsec- tion, publish in the Federal Register at least annually a notice of the existence and character of the system of records, which notice shall include- (A) the name and location of the system; (B) the categories of individuals on whom records are maintained in the system; .(C) the categories of records maintained in the system; (D) each routine use of the records contained in the system, including the categories of users and the purpose of such use; (E) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and dis- posal of the records; (F) the title and business address of the agency official who is responsible for the system of records; (G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him; (H) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content; and (I) the categories of sources of records in the system; (5) maintain all records which are used by the agency in making any determination about any individual with such ac- curacy, relevance, timeliness, and completeness as is reason- ably necessary to assure fairness to the individual in the deter- mination; (6) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection (b)(2) of this section, make reason- able efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes; (7) maintain no record describing how any individual exer- cises rights guaranteed by the First Amendment unless ex- pressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity; (8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 208 SELECTED LAWS OF INTEREST person under compulsory legal process when such process be- comes a matter of public record; (9) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance; (10) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in sub- stantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained; and (11) at least 30 days prior to publication of information under paragraph (4)(D) of this subsection, publish in Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments, to the agency. (f) AGENCY RULES.-In order to carry out the provisions of this section, each agency that maintains a system of records shall pro- mulgate rules, in accordance with the requirements (including gen- eral notice) of section 553 of this title, which shall- (1) establish procedures whereby an individual can be noti- fied in response to his request if any system of records named by the individual contains a record pertaining to him; (2) define reasonable times, places, and requirements for identifying an individual who requests his record or informa- tion pertaining to him before the agency shall make the record or information available to the individual; (3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psy- chological records pertaining to him; (4) establish procedures for reviewing a request from an indi- vidual concerning the amendment to any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial ad- verse agency determination, and for whatever additional means may be necessary for each individual to be able to exer- cise fully his rights under this section; and (5) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall annually compile and pub- lish the rules promulgated under this subsection and agency no- tices published under subsection (e)(4) of this section in a form available to the public at low cost. (g)(1) CIVIL REMEDIES.-Whenever any agency- (A) makes a determination under subsection (a)(3) of this sec- tion not to amend an individual's record in accordance with his Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300 58000 ~,vIIS OF INTEREST 209 request, or fails to make such review in conformity with that subsection; (B) refuses to comply with an individual request under sub- section (d)(1) of this section; (C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualification, character, rights, or opportunities of, or bene- fits to the individual that may be made on the basis of such record, and consequently a determination is made which is ad- verse to the individual; or (D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. (2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of this section, the court may order the agency to amend the individual's record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. (B) The court may assess against the United States reasonable at- torney fees and other litigation costs reasonably incurred in. any case under this paragraph in which the complainant has substan- tially prevailed. (3)(A) In any suit brought. under the provisions of subsection (g)(1)(B) of this section, the court may enjoin the agency from with- holding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection (k) of this section, and the burden is on the agency to sustain its action. (B) The court may assess against the United States reasonable at- torney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substan- tially prevailed. (4) In any suit brought under the provisions of subsection (g)(1) (C) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of- (A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000; and (B) the costs of the action together with reasonable attorney fees as determined by the court. (5) an action to enforce any liability created under this section may be brought in the district court of the United States in the dis- trict in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the Dis- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 CIA-RDP90-00530R00030058000~ ~,.VS OF INTEREST trict of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepre- sented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresenta- tion. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a dis- closure of a record prior to September 27, 1975. (h) RIGHTS OF LEGAL GUARDIANS.-For the purposes of this sec- tion, the parent of any minor, or the legal guardian of any individ- ual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. (i)(1) CRIMINAL PENALTIES.-Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individual- ly identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibit- ed, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (2) Any officer or employee of any agency who willfully main- tains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. (3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not, more than $5,000. (j) GENERAL EXEMPTIONS.-The head of any agency may promul- gate rules, in accordance with the requirements (including general notice) of sections 553 (b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from any part of this section except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system of records is- (1) maintained by the Central Intelligence Agency; or (2) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, proba- tion, pardon, or parole authorities, and which consists of (A) in- formation compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and dispo- sition of criminal charges, sentencing, confinement, release, and parole and probation status; (B) information compiled for the purpose of a criminal investigation, including reports of in- formants and investigators, and associated with an identifiable Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 JtLtb i to uivVS OF INTEREST 211 individual; or (C) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553(c) of this title, the reasons why the system of records is to be exempted from a provision of this section. (k) SPECIFIC EXEMPTIONS.-The head of any agency may promul- gate rules, in accordance with the requirements (including general notice) of sections 553(b) (1), (2), and (3), (c), and (e) of this title, to exempt any systems of records within the agency from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I) and (f) of this section if the system of records is- (1) subject to the provisions of section 552(b)(1) of this title; (2) investigatory material compiled for law enforcement pur- poses, other than material within the scope of subsection (j)(2) of this section: Provided, however, That if any individual' is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Govern- ment under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section [September 27, 1975], under an implied promise that the identity of the source would be held in confidence; (3) maintained in connection with providing protective serv- ices to the President of the United States or other individuals pursuant to section 3056 of title 18; (4) required by statute to be maintained and used solely as statistical records; (5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section [September 27, 19751. under an implied promise that the identity of the source would be held in confidence; (6) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing 'or examination process; or (7) evaluation material used to determine potential for pro- motion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an. express promise that the identity of the source -would be held in confidence, or, prior to the effective date of this section Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 LIZ btLtt,Itu LAWS OF INTEREST [September 27, 1975], under an implied promise that the identity of the source would be held in confidence. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553(c) of this title the reasons why the system of records is to be exempted from a provision of this section. (1)(1) ARCHIVAL RECORDS.-Each agency record which is accepted by the Archivist of the United States for storage, processing, and servicing in accordance with section 3103 of title 44 shall, for the purposes of this section, be considered to be maintained by the agency which deposited the record and shall be subject to the provi- sions of this section. The Archivist of the United States shall not disclose the record except to the agency which maintains the record, or under rules established by that agency which are not in- consistent with the provisions of this section. (2) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Govern- ment, prior to the effective date of this section [September 27, 1975], shall, for the purposes of this section, be considered to be maintained by the National Archives and shall not be subject to the provisions of this section, except that a statement generally de- scribing such records (modeled after the requirements relating to records subject to subsections (e)(4) (A) through (G) of this section) shall be published in the Federal Register. (3) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record which has sufficient historical or other value to war- rant its continued preservation by the United States Government, on or after the effective date of this section [September 27, 1975], shall, for the purposes of this section, be considered to be main- tained by the National Archives and shall be exempt from the re- quirements of this section except subsections (e)(4) (A) through (G) and (e)(9) of this section. (m)(1) GOVERNMENT CONTRACTORS.-When an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such system. For purposes of subsection (i) of this section any such contractor and any employee of such con- tractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an , employee of an agency. (2) A consumer reporting agency to which a record is disclosed under section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d)) shall not be considered a contractor for the purposes of this section. (n) MAILING LISTS.-An individual's name and address may not be sold or rented by an agency unless such action is specifically au- thorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I atLtLILU LAWS OF INTEREST 213 (o) REPORT ON NEW SYSTEMS.-Each agency shall provide ade- quate advance notice to Congress and the Office of Management and Budget of any proposal to establish or alter any system of records in order to permit an evaluation of the probable or poten- tial effect of such proposal on the privacy and other personal or property rights of individuals or the disclosure of information relat- ing to such individuals, and its effect on the preservation of the constitutional principles of federalism and separation of powers. (p) ANNUAL REPORT.-The President shall submit to the Speaker of the House and the President of the Senate, by June 30 of each calendar year, a consolidated report, separately listing for each Federal agency the number of records contained in any system of records which were exempted from the application of this section under the provisions of subsections (j) and (k) of this section during the preceding calendar year, and the reasons for the exemptions, and such other information as indicates efforts to administer fully this section. (q)(1) EFFECT OF OTHER LAWS.-NO agency shall rely on any ex- emption contained in section 552 of this title to withhold from an individual any record which is otherwise accessible to such individ- ual under the provisions of this section. (2) No agency shall rely on any exemption in this section to with- hold from an individual any record which is otherwise accessible to such individual under the provisions of section 552 of this title. SELECTED SECTIONS OF THE RIGHT TO FINANCIAL PRI- VACY ACT OF 1978 (EXEMPTION FOR INTELLIGENCE AGENCIES; REPORTING REQUIREMENT) SEC. 1101. E12 U.S.C. 3401] For the purpose of this title, the term- (1) "financial institution" means any office of a bank, sav- ings bank, card issuer as defined in section 103 of the Consum- ers Credit Protection Act (15 U.S.C. 1602(n)), industrial loan company, trust company, savings and loan, building and loan, or homestead association (including cooperative banks), credit union, or consumer finance institution, located in any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, or the Virgin Islands; (2) "financial record" means an original of, a copy of, or in- formation known to have been derived from, any record held by a financial institution pertaining to a customer's relation- ship with the financial institution; (3) "Government authority" means any agency or depart- ment of the United States, or any officer, employee, or agent thereof; (4) "person" means an individual or a partnership of five or fewer individuals; (5) "customer" means any person or authorized representa- tive of that person who utilized or is utilizing any service of a financial institution, or for whom a financial institution is Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 c14 stLtUitu LAWS OF INTEREST acting or has acted as a fiduciary, in relation to an account maintained in the p, rson's name; (6) "supervi 'ory gency" means,- with respect to any particu- lar financial institution any of the following which has statuto- ry authority to examine the financial condition or business op- erations of that institution- (A) the Federal Deposit Insurance Corporation; (B) the Federal Savings and Loan Insurance Corporation; (C) the Federal Home Loan Bank Board; (D) the National Credit Union Administration; (E) the, Board of Governors of the Federal Reserve System; (F) the Comptroller of the Currency; (G) t e Securities and Exchange Commission; (H) t, the Secretary: of the Treasury, with respect to the Bank ecrecy Act and the Currency and Foreign Transac- tions-Reporting Act (Public Law 91-508, title I and II); or (I) aiy State banking or securities department or agency; and (7) "law enforcement inquiry" means a lawful investigation or official proceeding inquiring into a violation of, or failure. to comply with, any criminal or civil statute or -any. regulation, rule, or order issued pursuant thereto. SPECIAL PROCEDURES SEC. 1114. [12 U.S.C. 3414] (a)(1) Nothing in this title (except sections 1115, 1117, 1118, and 1121) shall apply to the production and disclosure of financial records pursuant to requests from- (A) a Government authority authorized to conduct foreign counter- or foreign positive-intelligence activities for purposes of conducting such activities; or (B) the Secret Service for the purpose of conducting its pro- tective functions (18 U.S.C. 3056; 3 U.S.C. 202, Public Law 90- 331, as amended). (2) In the instances specified in paragraph (1), the Government authority shall submit to the financial institution the certificate re- quired in section 1103(b) signed by a supervisory official of a rank designated by the head of the Government authority. (3) No financial institution, or officer, employee, or agent of such institution, shall disclose to any person that a Government author- ity described in paragraph (1) has sought or obtained access to a customer's financial records. (4) The Government authority specified in paragraph (1) . shall compile an annual tabulation of the occasions in which this section was used. (5)(A) Financial institutions, and officers, employees, and agents thereof, shall comply with w request for a customer's or entity's fi- nancial records made pursuant to this subsection by the Federal Bureau of Investigation when the Director of the Federal Bureau -of Investigation (or the Director's designee) certifies in writing to the financial institution that such records are sought for foreign coun- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 stLtc i to LAWS OF INTEREST 215 terintelligence purposes and that there are specific and articulable facts giving reason to believe that the customer or entity whose records are sought is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveil- lance Act of 1978 (50 U.S.C. 1801). (B) The Federal Bureau of Investigation may disseminate infor- mation obtained pursuant to this paragraph only as provided in guidelines approved by the Attorney General for foreign intelli- gence collection and foreign counterintelligence investigations con- ducted by the Federal Bureau of Investigation, and, with respect to dissemination to an agency of the United States, only if such infor- mation is clearly relevant to the authorized responsibilities of such agency. (C) On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests made pursuant to this para- graph. (D) No financial institution, or officer, employee, or agent of such institution, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to a customer's or enti- ty's financial records under this paragraph. (b)(1) Nothing in this title shall prohibit a Government authority from obtaining financial records from a financial institution if the Government authority determines that delay in obtaining access to such records would create imminent danger of- (A) physical injury to any person; (B) serious property damage; or (C) flight to avoid prosecution. (2) In the instances specified in paragraph (1), the Government shall submit to the financial institution the certificate required in section 1103(b) signed by a supervisory official of a rank designated by the head of the Government authority. (3) Within five days of obtaining access to financial records under this subsection, the Government authority shall file with the ap- propriate court a signed, sworn statement of a supervisory official of a rank designated by the head of the Government authority set- ting forth the grounds for the emergency access. The Government authority shall thereafter comply with the notice provisions of sec- tion 1109(c). (4) The Government authority specified in paragraph (1) shall compile an annual tabulation of the occasions in which this section was used. SEC. 1115. [12 U.S.C. 3415] (a) Except for records obtained pur- suant to section 1103(d) or 1113 (a) through (h), or as otherwise pro- vided by law, a Government authority shall pay to the financial in- stitution assembling or providing financial records pertaining to a customer and in accordance with procedures established by this title a fee for reimbursement for such costs as are reasonably nec- essary and which have been directly incurred in searching for, re- producing, -or transporting books, papers, records, or other data re- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 216 SELECTED LAWS OF INTEREST quired or requested to be produced. The Board of Governors of the Federal Reserve System shall, by regulation, establish the rates and conditions under which such payment may be made. (b) This section shall take effect on October 1, 1979. SEC. 1116. [12 U.S.C. 3416] An action to enforce any provision of this title may be brought in any appropriate United States dis- trict court without regard to the amount in controversy within three years from the date on which the violation occurs or the date of discovery of such violation, whichever is later. SEC. 1117. [12 U.S.C. 3417] (a) Any agency or department of the United States or financial institution obtaining or disclosing finan- cial records or information, contained therein in violation of this title is liable to the customer to whom such records relate in an amount equal to the sum of- (1) $100 without regard to the volume of records involved; (2) any actual damages sustained by the customer as a result of the disclosure; (3) such punitive damages as the court may allow, where the violation is found to have been willful or intentional; and (4) in the case of any successful action to enforce liability under this section, the costs of the action together with reason- able attorney's fees as determined by the court. (b) Whenever the court determines that any agency or depart- ment of the United States has violated any provision of this title and the court finds that the circumstances surrounding the viola- tion raise questions of whether an officer or employee of the de- partment or agency acted willfully or intentionally with respect to the violation, the Civil Service Commission shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the agent or employee who was primarily responsible for the violation. The Commission after investigation and consider- ation of the evidence submitted, shall submit its findings and rec- ommendations to the administrative authority of the agency con- cerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Commission rec- ommends. (c) Any financial institution or agent or employee thereof making a disclosure of financial records pursuant to this title in good-faith reliance upon a certificate by any Government authority shall not be liable to the customer for such disclosure. (d) The remedies and sanctions described in this title shall be the only authorized judicial remedies and sanctions for violations of this title. SEC. 1118. [12 U.S.C. 3418] In addition to any other remedy con- tained in this title, injunctive relief shall be available to require Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 aLL.w1w L,..S OF INTEREST 217 that the procedures of this title are complied with. In the event of any successful action, costs together with reasonable attorney's fees as determined by the court may be recovered. SEC. 1119. [12 U.S.C. 3419] If any individual files a motion or application under this title which has the effect of delaying the access of a Government authority to financial records pertaining to such individual, any applicable statute of limitations shall be deemed to be tolled for the period extending from the date such motion or application was filed until the date upon which the motion or application is decided. REPORTING REQUIREMENTS SEC. 1121. [12 U.S.C. 3421] (a) In April of each year, the Direc- tor of the Administrative Office of the United States Courts shall send to the appropriate committees of Congress a report concerning the number of applications for delays of notice made pursuant to section 1109 and the number of customer challenges made pursu- ant to section 1110 during the preceding calendar year. Such report shall include: the identity of the Government authority requesting a delay of notice; the number of notice delays sought and the number granted under each subparagraph of section 1109(a)(3); the number of notice delay extensions sought and the number granted; and the number of customer challenges made and the number that are successful. (b) In April of each year, each Government authority that re- quests access to financial records of any customer from a financial institution pursuant to section 1104, 1105, 1106, 1107, 1108, 1109, or 1114 shall send to the appropriate committees of Congress a report describing requests made during the preceding calendar year. Such report shall include the number of requests for records made pur- suant to each section of this title listed in the preceding sentence and any other related information deemed relevant or useful by the Government authority. SECTION 13(b) OF THE SECURITIES EXCHANGE ACT OF 1934 (15 U.S.C. 78m(b)) (REPORTING REQUIREMENTS AND NATIONAL SECURITY EXEMPTION) SEC. 13. (a) * * * (b)1(1) The Commission may prescribe, in regard to reports made pursuant to this title, the form or forms in which the required in- formation shall be set forth, the items or details to be shown in the balance sheet and the earning statement, and the methods to be followed in the preparation of reports, in the appraisal or valuation of assets and liabilities, in the determination of depreciation and depletion, in the differentiation of recurring and nonrecurring 'Paragraphs (2) and (3) were added by section 102 of the Foreign Corrupt Practices Act of 1977 (Public Law 95-213; 91 Stat. 1494). 70-116 0 - 87 - 8 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 cio 3LLUV I to LAWS OF INTEREST income, in the differentiation of investment and operating income, and in the preparation, where the Commission deems it necessary or desirable, of separate and/or consolidated balance sheets or income accounts of any person directly or indirectly controlling or controlled by the issuer, or any person under direct or indirect common control with the issuer; but in the case of the reports of any person whose methods of accounting are prescribed under the provisions of any law of the United States, or any-rule or regula- tion thereunder, the rules and regulations of the Commission with respect to reports shall not be inconsistent with the requirements imposed by such law or rule or regulation in respect of the same subject matter (except that such rules and regulations of the Com- mission may be inconsistent with such requirements to the extent that the Commission determines that the public interest or the pro- tection of investors so requires). (2) Every issuer which has a class of securities registered pursu- ant to section 12 of this title and every issue which is required to file reports pursuant to section 15(d) of this title shall- (A) make and keep books, records, and accounts, which, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the issuer; and (B) devise and maintain a system of internal accounting con- trols sufficient to provide reasonable assurances that- (i) transactions are executed in accordance with manage- ment's general or specific authorization; (ii) transactions are recorded as necessary (I) to permit preparation of financial statements in conformity with generally accepted accounting principles or any other cri- teria applicable to such statements, and (II) to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appro- priate action is taken with respect-to any differences. (3)(A) With respect to matters concerning the national security of the United States, no duty or liability under paragraph (2) of this subsection shall be imposed upon any person acting in cooperation with the head of any Federal department or agency responsible for such matters if such act in cooperation with such head of a depart- ment or agency was done upon the specific, written directive of the head of such department or agency pursuant to Presidential au- thority to issue such directives. Each directive issued under this paragraph shall set forth the specific facts and circumstances with respect to which the provisions of this paragraph are to be invoked. Each such directive shall, unless renewed in writing, expire one year after the date of issuance. (B) Each head of a Federal department or agency of the United States who issues a directive pursuant to this paragraph shall maintain a complete file of all such directives and shall, on October 1 of each year, transmit a summary of matters covered by such di- rectives in force at any time during the previous year to the Per- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 :5 OF INTEREST 219 manent Select Committee on Intelligence of the House of Repre- sentatives and the Select Committee on Intelligence of the Senate. [Subsections (c) through (h) omitted.] SECTION 2709 OF TITLE 18, UNITED STATES CODE ? 2709. Counterintelligence access to telephone toll and transac- tional records (a) DUTY TO PROVIDE.-A wire or electronic communication serv- ice provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the Di- rector of the Federal Bureau of Investigation under subsection (b) of this section. (b) REQUIRED CERTIFICATION.-The Director of the Federal Bureau of Investigation (or an individual within the Federal Bureau of Investigation designated for this purpose by the Direc- tor) may request any such information and records if the Director (or the Director's designee) certifies in writing to the wire or elec- tronic communication service provider to which the request is made that- (1) the information sought is relevant to an authorized for- eign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the person or entity to whom the information sought pertains is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Sur- veillance Act of 1978 (50 U.S.C. 1801). (c) PROHIBITION OF CERTAIN DISCLOSURE.-NO wire or electronic communication service provider, or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of In- vestigation has sought or obtained access to information or records under this section. (d) DISSEMINATION BY BUREAU.-The Federal Bureau of Investiga- tion may disseminate information and records obtained under this section only as provided in guidelines approved by the Attorney General for foreign intelligence collection and foreign counterintel- ligence investigations conducted by the Federal Bureau of Investi- gation, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the authorized responsibilities of such agency. (e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BODIES BE IN- FORMED.-On a semiannual basis the Director of the Federal Bureau of Investigation shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all re- quests made under subsection (b) of this section. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 rfu 3LLcbitu u+WS OF INTEREST CHAPTER 37-ESPIONAGE AND CENSORSHIP Sec. 792. Harboring or concealing persons. 793. Gathering, transmitting or losing defense information. 794. Gathering or delivering defense information to aid foreign govern- ment. 795. Photographing and sketching defense installations. 796. Use of aircraft for photographing defense installations. 797. Publication and sale of photographs of defense installations. 798. Disclosure of classified information. 798. 'Temporary extension of section 794. 799. Violation of regulations of National Aeronautics and Space Adminis-' tration. - ? 792. Harboring or concealing persons Whoever harbors or conceals any person who he knows, or has reasonble grounds to believe or suspect, has committed, or is about to commit, an offense under sections 793 or 794 of this title, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. ? 793. Gathering, transmitting or losing defense information (a) Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the infor- mation is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling sta- tion, fort, battery, torpedo station, dockyard, canal, railroad, arse- nal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the con- trol of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or (b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, docu- ment, writing, or note of anything connected with the national de- fense; or (c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 MS OF INTEREST 221 any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees to attempts to receive or obtain it, that it has been or will be obtained, taken, made, or dis- posed of by any person contrary to the provisions of this chapter; (d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the na- tional defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, de- livered or transmitted the same to any person not entitled to re- ceive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or (e) Whoever having unauthorized possession of, access to, or con- trol over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, in- strument, appliance, or note relating to the national defense, or in- formation relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully re- tains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or (f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, in- strument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be re- moved from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer- Shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 .3?w1w LndS' OF INTEREST conspiracy shall be subject to the punishment provided * for the of- fense which is the object of such conspiracy. (h)(1) Any person convicted of a violation of this section shall for- feit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. (2) The court, in imposing sentence on a defendant for a convic- tion of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection. (3) The provisions of subsections (b), (c), and (e) through (o) of sec- tion 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (b), (c), and (e)-(o)) shall apply to- (A) property subject to forfeiture under this subsection; (B) any seizure or disposition of such property; and (C) any administrative or judicial proceeding in relation to such property, if not inconsistent with this subsection. (4) Notwithstanding section 524(c) of title 28, there shall be de- posited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law. ? 794. Gathering or delivering defense information to aid foreign government (a) Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to com- municate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue- print, plan, map, model, note, instrument, appliance, or informa- tion relating to the national defense, shall be punished by death or by imprisonment for any term' of years or for' life. (b) Whoever, in time of war, with intent that the same shall be communicated to the enemy, collects, records, publishes, or commu- nicates, or attempts to elicit any information with respect to the movement, numbers, description, condition, or disposition of any of the Armed Forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any naval or military operations, or with respect to any works or measures undertaken for or connected with, or in- tended for the fortification or defense of any place, or any other in- formation relating to the public defense, which might be useful to the enemy, shall be punished by death or by imprisonment for any term of years or for life. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ICIA-RDP90-00530R000300580001 _0 IS OF INTEREST 223 (c) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the con- spiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy. (d)(1) Any person convicted of a violation of this section shall for- feit to the United States irrespective of any provision of State law- (A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation, and (B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commis- sion of, such violation. (2) The court, in imposing sentence on a defendant for a convic- tion of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection. (3) The provisions of subsections (b), (c) and (e) through (o) of sec- tion 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (b), (c), and (e)-(o)) shall apply to- (A) property subject to forfeiture under this subsection; (B) any seizure or disposition of such property; and (C) any administrative or judicial proceeding in relation to such property, if not inconsistent with this subsection. (4) Notwithstanding section 524(c) of title 28, there shall be de- posited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law. ? 795. Photographing and sketching defense installations (a) Whenever, in the interests of national defense, the President defines certain vital military and naval installations or equipment as requiring protection against the general dissemination of infor- mation relative thereto, it shall be unlawful to make any photo- graph, sketch, picture, drawing, map, or graphical representation of such vital military and naval installations or equipment without first obtaining permission of the commanding officer of the mili- tary or naval post, camp, or station, or naval vessels, military and naval aircraft, and any separate military or naval command con- cerned, or higher authority, and promptly submitting the product obtained to such commanding officer or higher authority for cen- sorship or such other action as he may deem necessary. (b) Whoever violates this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. ? 796. Use of aircraft for photographing defense installations Whoever uses or permits the use of an aircraft or any contriv- ance used, or designed for navigation or flight in the air, for the purpose of making a photograph, sketch, picture, drawing, map, or graphical representation of vital military or naval installations or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 WS OF INTEREST I _-L equipment, in violation of section 795 of this title, shall be fined not more than $1,000 or imprisoned not more than one year, or both. ? 797. Publication and sale of photographs of defense installations On and after thirty days from the date upon which the President defines any vital military or naval installation or equipment as being within the category contemplated under section 795 of this title, whoever reproduces, publishes, sells, or gives away any photo- graph, sketch, picture, drawing, map, or graphical representation of the vital military or naval installations or equipment so defined; without first obtaining permission of the commanding officer of the military or naval post, camp, or station concerned, or higher au- thority, unless such photograph, sketch, picture, drawing, map, or graphical representation has clearly indicated thereon that it has been censored by the proper military or naval authority, shall be fined not more than $1,000 or imprisoned not more than one year, or both. ? 798.1 Disclosure of classified information . (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or in- terest of the United States or for the benefit of any foreign govern- ment to the detriment of the United States any classified informa- tion- (1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or (2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign govern- ment for cryptographic or communication intelligence pur- poses; or (3) concerning the communication intelligence activities of the United States or any foreign government; or (4) obtained by the process of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes- Shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (b) As used in subsection (a) of this section- The term "classified information" means information which, at the time of a violation of this section, is, for reasons of national se- curity, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms "code," "cipher," and "cryptographic system" include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, sig- nificance, or meanings of communications; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001rr5 OF INTEREST 225 The term "foreign. government" includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States; The term "communication intelligence" means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients; The term "unauthorized person" means any person who, or agency which, is not authorized to receive information of the cate- gories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Gov- ernment which is expressly designated by the President to engage in communication intelligence activities for the United States. (c) Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted com- mittee of the Senate or House of Representatives of the United States of America, or joint committee thereof. ? 798.1 Temporary extension of section 794 The provisions of section 794 of this title, as amended and ex- tended by section 1(a)(29) of the Emergency Powers Continuation Act (66 Stat. 333), as further amended by Public Law 12, Eighty- third Congress, in addition to coming into full force and effect in time of war shall remain in full force and effect until six months after the termination of the national emergency proclaimed by the President on December 16, 1950 (Proc. 2912, 3 C.F.R., 1950 Supp., p. 71), or such earlier date as may be prescribed by concurrent resolu- tion of the Congress, and acts which would give rise to legal conse- quences and penalties under section 794 when performed during a state of war shall give rise to the same legal consequences and pen- alties when they are performed during the period above provided for. ? 799. Violation of regulations of National Aeronautics and Space administration Whoever willfully shall violate, attempt to violate, or conspire to violate any regulation or order promulgated by the Administrator of the National Aeronautics and Space Administration for the pro- tection or security of any laboratory, station, base or other facility, or part thereof, or any aircraft, missile, spacecraft, or similar vehi- cle, or part thereof, or other property or equipment in the custody of the Administration, or any real or personal property or equip- ment in the custody of any contractor under any contract with the Administration or any subcontractor of any such contractor, shall be fined not more than $5,000, or imprisoned not more than one year, or both. ' Second section 798 was enacted on June 30, 1953. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 _0 JAWS OF INTEREST SECTIONS 3 AND 4 OF THE SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 (THE "SCARBECK ACT") AN ACT To protect the United States against certain un-American and subversive activities by requiring registration of Communist organizations, and for other pur- poses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Internal Security Act of 1950". TITLE I-SUBVERSIVE ACTIVITIES CONTROL SECTION 1. (a) This title may be cited as the "Subversive Activi- ties Control Act of 1950". (b) Nothing in this Act shall be construed to authorize, require, or establish military or civilian censorship or in any way to limit or infringe upon freedom of the press or of speech as guaranteed by the Constitution of the United States and no regulation shall be promulgated hereunder having that effect. DEFINITIONS SEC. 3. [50 U.S.C. 782] For the purposes of this title- (1) The term "person" means an individual or an organization. (2) The term "organization" means an organization, corporation, company, partnership, association, trust, foundation, or fund; and includes a group of persons, whether or not incorporated, perma- nently or temporarily associated together for joint action on any subject or subjects. (3) The term "Communist-action organization" means any orga- nization in the United States (other than a diplomatic representa- tive or mission of a foreign government accredited as such by the Department of State) which (i) is substantially directed, dominated, or controlled by the foreign government or foreign organization controlling the world Communist movement referred to in section 2 of this title, and (ii) operates primarily to advance the objectives of such world Communist movement referred to in section 2 of this title. (4) The term "Communist-front organization" means any organi- zation in the United States (other than a Communist-action organi- zation as defined in paragraph (3) of this section) which (A) is sub- stantially directed, dominated, or controlled by a Communist-action organization, or (B) is substantially directed, dominated, or con- trolled by one or more members of a Communist-action organiza- tion, and (C) is primarily operated for the purpose of giving aid and support to a Communist-action organization, a Communist foreign government, or the world Communist movement referred to in sec- tion 2 of this title. (4A) The term "Communist-infiltrated organization" means any organization in the United States (other than a Communist-action organization or a Communist-front organization) which (A) is sub- stantially directed, dominated, or controlled by an individual or in- dividuals who are, or who within three years have been actively Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0.:5 OF INTEREST 227 engaged in, giving aid or support to a Communist-action organiza- tion, a Communist foreign government, or the world Communist movement referred to in section 2 of this title, and (B) is serving, or within three years has served, as a means for (i) the giving of aid .or support to any such organization, government, or movement, or (ii) the impairment of the military strength of the United States or its industrial capacity to furnish logistical or other material sup- port required by its Armed Forces: Provided, however, That any labor organization which is an affiliate in good standing of a na- tional federation or other labor organization whose policies and ac- tivities have been directed to opposing Communist organizations, any Communist foreign government, or the world Communist movement, shall be presumed prima facie not to be a "Communist- infiltrated organization". (5) The term "Communist organization" means any Communist action organization, Communist-front organization, or Communist- infiltrated organization. (14) The term "world communism" means a revolutionary move- ment, the purpose of which is to establish eventually a Communist totalitarian dictatorship in any or all the countries of the world through the medium of an internationally coordinated Communist movement. (15) The term "totalitarian dictatorship" and "totalitarianism" mean and refer to systems of government not representative in fact, characterized by (A) the existence of a single political party, organized on a dictatorial basis, with so close an identity between such party and its policies and the governmental policies of the country in which it exists, that the party and the government con- stitute an indistinguishable unit, and (B) the forcible suppression of opposition to such party. (16) The term "doctrine" includes, but is not limited to, policies, practices, purposes, aims, or procedures. (17) The giving, loaning, or promising of support or of money or any other thing of value for any purpose to any organization shall be conclusively presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive defini- tion of affiliation. SEC. A. [50 U.S.C. 783] (a) It~ shall be unlawful for any person knowingly to combine, conspire, or agree with any other -person to perform any act which would substantially contribute to the estab- lishment within the United States of a totalitarian dictatorship, as defined in paragraph (15) of section 3 of this title, the direction and control of which is to be vested in, or exercised by or under the domination or control of, any foreign government, foreign organiza- tion, or foreign individual: Provided, however, That this subsection shall not apply to the proposal of a constitutional amendment. (b) It shall be unlawful for any officer or employee of the United States or of any department or agency thereof, or of any corpora- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0_aWS OF INTEREST tion the stock of which is owned in whole or in major part by the United States or any department or agency thereof, to communi- cate in any manner or by any means, to any other person whom such officer or employee knows or has reason to believe to be an agent or representative of any foreign government or an officer or member of any Communist organization as defined in paragraph (5) of section 3 of this title, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the Presi- dent) as affecting the security of the United States, knowing or having reason to know that such information has been so classified, unless such officer or employees shall have been specifically au- thorized by the President, or by the head of the department, agency, or corporation by which this officer or employee is em- ployed, to make such disclosure of such information. (c) It shall be unlawful for any agent or representative of any for- eign government, or any officer or member of any Communist orga- nization as defined in paragraph (5) of section 3 of this title, know- ingly to obtain or receive, or attempt to obtain or receive, directly or indirectly, from any officer or employee of the United States or of any department or agency thereof or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the ap- proval of the President) as affecting the security of the United States, unless special authorization for such communication shall first have been obtained from the head of the department, agency, or corporation having custody of or control over such information. (d) Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine of not more than $10,000, or imprisonment for not more than ten years, or by both such fine and such imprisonment, and shall, moreover, be thereaf- ter ineligible to hold any office, or place of honor, profit, or trust created by the Constitution or laws of the United States. (e) Any person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after the com- mission of such offense, notwithstanding the provisions of any other statute of limitations: Provided, That if at the time of the commission of the offense such person is an officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, such person may be prosecuted, tried, and punished for any viola- tion of this section at any time within ten years after such person has ceased to be employed as such officer or employee. (f) Neither the holding of office nor membership in any Commu- nist organization by any person shall constitute per se a violation of subsection (a) or subsection (c) of this section or of any other criminal statute. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0.WS OF INTEREST 229 SECTION 952 OF TITLE 18, UNITED STATES CODE ? 952. Diplomatic codes and correspondence Whoever, by virtue of his employment by the United States, ob- tains from another or has or has had custody of or access to, any official diplomatic code or any matter prepared in any such code, and without authorization or competent authority, willfully pub- lishes or furnishes to another any such code or matter, or any -matter which was obtained while in the process of transmission be- tween any foreign government and its diplomatic mission in the United States, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. SECTIONS 1702 AND 1703 OF TITLE 18, UNITED STATES CODE ? 1702. Obstruction of correspondence Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or au- thorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with design to obstruct the correspondence, or to pry into the busi- ness or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be fined not more than $2,000 or imprisoned not more than five years, or both. ? 1703. Delay or destruction of mail or newspapers (a) Whoever, being a Postal Service officer or employee, unlaw- fully secretes, destroys, detains, delays, or opens any letter, postal card, package, bag, or mail entrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Post- master General or the Postal Service, shall be fined not more than $500 or imprisoned not more than five years, or both. (b) Whoever, being a Postal Service officer or employee, improp- erly detains, delays, or destroys any newspaper, or permits any other person to detain, delay, or destroy the same, or opens, or per- mits any other person to open, any mail or package of newspapers not directed to the office where he is employed; or Whoever, without authority, opens, or destroys any mail or pack- age of newspapers not directed to him, shall be fined not more than $100 or imprisoned not more than one year, or both. SECTION 3623(d) OF TITLE 39, UNITED STATES CODE ? 3623. Mail classification (a) Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 NS OF INTEREST (d) The Postal Service shall maintain one or more classes of mail for the transmission of letters sealed against inspection. The rate for each such class shall be uniform throughout the United States, its territories, and possessions. One such class shall provide for the most expeditious handling and transportation afforded mail matter by the Postal Service. No letter of such a class of domestic origin shall be opened except under authority of a search warrant author- ized by law, or by an officer or employee of the Postal Service for the sole purpose of determining an address at which the letter can be delivered, or pursuant to the authorization of the addressee. SECTION 716 OF TITLE 31, UNITED STATES CODE (ACCESS TO AGENCY RECORDS BY COMPTROLLER GENERAL) ? 716. Availability of information and inspection of records (a) Each agency shall give the Comptroller General information the Comptroller General requires about the duties, powers, activi- ties, organization, and financial transactions of the agency. The Comptroller General may inspect an agency record to get the infor- mation. This subsection does not apply to expenditures made under section 3524 or 3526(e) of this title. (b)(1) When an agency record is not made available to the Comp- troller General within a reasonable time, the Comptroller General may make a written request to the head of the agency. The request shall state the authority for inspecting the records and the reason for the inspection. The head of the agency has 20 days after receiv- ing the request to respond. The response shall describe the record withheld and the reason the record is being withheld. If the Comp- troller General is not given an opportunity to inspect the record within the 20-day period, the Comptroller General may file a report with the President, the Director of the Office of Manage- ment and Budget, the Attorney General, the head of the agency, and Congress. (2) Through an attorney the Comptroller General designates in writing, the Comptroller General may bring a civil action in the district court of the United States for the District of Columbia to require the head of the agency to produce a record- (A) after 20 days after a report is filed under paragraph (1) of this subsection; and (B) subject to subsection (d) of this section. .(3) The Attorney General may represent the head of the agency. The court may punish a failure to obey an order of the court under this subsection as a contempt of court. (c)(1) Subject to subsection (d) of this section, the Comptroller General may subpena a record of a person not in the United States Government when the record is not made available to the Comp- troller General to which the Comptroller General has access by law or by agreement of that person from whom access is sought. A sub- pena shall identify the record and the authority for the inspection and may be issued by the Comptroller General. The Comptroller General may have an individual serve a subpena under this subsec- tion by delivering a copy to the person named in the subpena or by mailing a copy of the subpena by certified or registered mail, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 NS OF INTEREST 231 V LLLV I LY return receipt requested, to the residence or principal place of busi- ness of the person. Proof of service is shown by a verified return by the individual serving the subpena that states how the subpena was served or by the return receipt signed by the person served. (2) If a person residing, found, or doing business in a judicial dis- trict refuses to comply with a subpena issued under paragraph (1) of this subsection, the Comptroller General, through an attorney the Comptroller General designates in writing, may bring a civil action in that district court to require the person to produce the record. The court has jurisdiction of the action and may punish a failure to obey an order of the court under this subsection as a con- tempt of court. (d)(1) The Comptroller General may not bring a civil action for a record withheld under subsection (b) of this section or issue a sub- pena under subsection (c) of this section if- (A) the record related to activities the President designates as foreign intelligence or counterintelligence activities; (B) the record is specifically exempted from disclosure to the Comptroller General by a statute that- (i) without discretion requires that the record be with- held from the Comptroller General; (ii) " establishes particular criteria for withholding the record from the Comptroller General; or (iii) refers to particular types of records to be withheld from the Comptroller General; or (C) by the 20th day after a report is filed under subsection (b)(1) of this section, the President or the Director certifies to the Comptroller General and Congress that a record could be withheld under section 552(b)(5) or (7) of title 5 and disclosure reasonably could be expected to impair substantially the oper- ations of the Government. (2) The President or the Director may not delegate certification under paragraph (1)(C) of this subsection: A certification shall in- clude a complete explanation of the reasons for the certification. (e)(1) The Comptroller General shall maintain the same level of confidentiality for a record made available under this section as is required of the head of the agency from which it is obtained. Offi- cers and employees of the General Accounting Office are subject to the same statutory penalties for unauthorized disclosure or use as officers or employees of the agency. (2) The Comptroller General shall keep information described in section 552(b)(6) of title 5 that the Comptroller General obtains in a way that prevents unwarranted invasions of personal privacy. (e) This section does not authorize information to be withheld from Congress. CHAPTER 17 OF TITLE 35, UNITED STATES CODE Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-O.NS OF INTEREST CHAPTER 17-SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRY ' Sec. 181. Secrecy of certain inventions and withholding of patent. 182. Abandonment of invention for unauthorized disclosure. 183. Right of compensation.2 184. Filing of application in foreign country. 185. Patent barred for filing without license. 186. Penalty. 187. Nonapplicability to certain persons. 188. Rules and regulations, delegation of power. ? 181. Secrecy of certain inventions and withholding of patent Whenever publication or disclosure by the grant of a patent on an invention in which the Government has a property interest might, in the opinion of the head of the interested Government agency, be detrimental to the national security, the Commissioner upon being so notified shall order that the invention be kept secret and shall withhold the grant of a patent therefor under the condi- tions set forth hereinafter. Whenever the publication or disclosure of an invention by the granting of a patent, in which the Government does not have a property interest, might, in the opinion of the Commissioner, be detrimental to the national security, he shall make the application for patent in which such invention is disclosed available for inspec- tion to the Atomic Energy Commission 3, the Secretary of Defense, and the chief officer of any department or agency of the Govern- ment designated by the President as a defense agency of the United States.4 Each individual to whom the application is disclosed shall sign a dated acknowledgment thereof, which acknowledgement shall be entered in the file of the application. If, in the opinion of the Atomic Energy Commission, the Secretary of a Defense Depart- ment, or the chief officer of another department or agency so desig- nated, the publication or disclosure of the invention by the grant- ing of a patent therefor would be detrimental to the national secu- rity, the Atomic Energy Commission, the Secretary of a Defense Department, or such other chief officer shall notify the Commis- sioner and the Commissioner shall order that .the invention be kept secret and shall withhold the grant of a patent for such period as the national interest requires, and notify the applicant thereof. Upon proper showing by the head of the department or agency who caused the secrecy order to be issued that the examination of the application might jeopardize the national interest, the Commission- er shall thereupon maintain the application in a sealed condition and notify the applicant thereof. The owner of an application which has been placed under a secrecy order shall have a right to ' Throughout this chapter, the term "Commissioner" means the Commissioner of Patents and Trademarks in the Department of Commerce. 2 SO in orginal. Does not conform to section catchline. - 3 Functions of the Atomic Energy Commission, which previously were transferred to the Ad- ministrator of the Energy Research and Development Administration, were transferred to the Secretary of Energy by section 301 of the Department of Energy Organization Act (Public Law 95-91; 91 Stat. 577). 4 The Department of Justice was designated as a defense agency of the United States for the purposes of this chapter by Executive Order No. 10457, May 27, 1953. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 _WS OF INTEREST 233 appeal from the order of the Secretary of Commerce under rules prescribed by him. An invention shall not be ordered kept secret and the grant of a patent withheld for a period of more than one year. The Commis- sioner shall renew the order at the end thereof, or at the end of any renewal period, for additional periods of one year upon notifi- cation by the head of the department or the chief officer of the agency who caused the order to be issued that an affirmative deter- mination has been made that the national interest continues so. to require. An order in effect, or issued, during a time when the United States is at war, shall remain in effect for the duration of hostilities and one year following cessation of hostilities. An order in effect, or issued, during a national emergency declared by the President shall remain in effect for the duration of the national emergency and six months thereafter. The Commissioner may re- scind any order upon notification by the heads of the departments and the chief officers of the agencies who caused the order to be issued that the publication or disclosure of the invention is no longer deemed detrimental to the national security. ? 182. Abandonment of invention for unauthorized disclosure The invention disclosed in an application for patent subject to an order made pursuant to section 181 of this title may be held aban- doned upon its being established by the Commissioner that in viola- tion of said order the invention has been published or disclosed or that an application for a patent therefor has been filed in a foreign country by the inventor, ,his successors, assigns, or legal representa- tives, or anyone in privity with him or them, without the . consent of the Commissioner. The abandonment shall be held to have oc- curred as of the time of violation. The consent of the Commissioner shall not be given without the concurrence of the heads of the de- partments and the chief officers 'of the agencies who caused the order to be issued. A holding of abandonment shall constitute for- feiture by the applicant, his successors, assigns, or legal representa- tives, or anyone in privity with him or them, of all claims against the United States based upon such invention. ? 183. Right to compensation An applicant, his successors, assigns or legal representatives, whose patent is withheld as herein provided, shall have the right, beginning at the date the applicant is notified that, except for such order, his application is otherwise in condition for allowance, or February 1, 1952, whichever is later, and ending six years after a patent is issued thereon, to apply to the head of any department or agency who caused the order to be issued for compensation for the damage caused by the order of secrecy and/or for the use of the invention by the Government, resulting from his disclosure. The right to compensation for use shall begin on the date of the first use of the invention by the Government. The head of the depart- ment or agency is authorized, upon the presentation of a claim, to enter into an agreement with the applicant, his successors, assigns, or legal representatives, in full settlement for the damage and/or use. This settlement agreement shall be conclusive for all purposes Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : i ICIA-RDP90-00530 R000300580001 -0 LJY JLLLt,ILU LAWS OF INTEREST notwithstanding any other provision of law to the contrary. If full settlement of the claim cannot be effected, the head of the depart- ment or agency may award and pay to such applicant, his succes- sors, assigns, or legal representatives, a sum not exceeding 75 per centurn of the sum which the head of the department or agency considers just compensation for the damage and/or use. A claimant may bring suit against the United States in the United States Claims Court or in the District Court of the United States for the district in which such claimant is a resident for an amount which when added to the award shall constitute just compensation for the damage and/or use of the invention by the Government. The owner of any patent issued upon an application that was subject to a se- crecy order issued pursuant to section 181 of this title, who did not apply for compensation as above provided, shall have the right, after the date of issuance of such patent, to bring suit in the United States Claims Court for just compensation for the damage caused by reason of the order of secrecy and/or use by the Govern- ment of the invention resulting from his disclosure. The right to compensation for use shall begin on the date of the first use of the invention by the Government. In a suit under the provisions of this section the United States may avail itself of all defenses it may plead in an action under section 1498 of title 28. This section shall not confer a right of action on anyone or his successors, assigns, or legal representatives who, while in the full-time employment or service of the United States, discovered, invented, or developed the invention on which the claim is based. ? 184. Filing of application in foreign country Except when authorized by a license obtained from the Commis- sioner a person shall not file or cause or authorize to be filed in any foreign country prior to six months after filing in the United States an application for patent or for the registration of a utility model, industrial design, or model in respect of an invention made in this country. A license shall not be granted with respect to an invention subject to an order issued by the Commissioner pursuant to section 181 of this title without the concurrence of the head of the departments and the chief officers of the agencies who caused the order to be issued. The license may be granted retroactively where an application has been inadvertently filed abroad and the application does not disclose an invention within the scope of sec- tion 181 of this title. The term "application" when used in this chapter includes appli- cations and any modifications, amendments, or supplements there- to, or divisions thereof. ? 185. Patent barred for filing without license Notwithstanding any other provisions of law any person, and his successors, assigns, or legal representatives, shall not receive a United States patent for an invention if that person, or his succes- sors, assigns, or legal representatives shall, without procuring the license prescribed in section 184 of this title, have made, or con- sented to or assisted another's making, application in a foreign country for a patent or for the registration of a utility model, in- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 NS OF INTEREST 235 dustrial design, or model in respect of the invention. A United States patent issued to such person, his successors, assigns, or legal representatives shall be invalid. ? 186. Penalty Whoever, during the period or periods of time an invention has been ordered to be kept secret and the grant of a patent thereon withheld pursuant to section 181 of this title, shall, with knowledge of such order and without due authorization, willfully publish or disclose or authorize or cause to be published or disclosed the in- vention, or material information with respect thereto, or whoever, in violation of the provisions of section 184 of this title, shall file or cause or authorize to be filed in any foreign country an application for patent or for the registration of a utility model, industrial design, or model in respect of any invention made in the United States, shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than two years, or both. ? 187. Nonapplicability to certain persons The prohibitions and penalties of this chapter shall not apply to any officer or agent of the United States acting within the scope of his authority, nor to any person acting upon his written instruc- tions or permission. ? 188. Rules and regulations, delegation of power 1 The Atomic Energy Commission, the Secretary of a defense de- partment, the chief officer of any other department or agency of the Government designated by the President as a defense agency of the United States, and the Secretary of Commerce, may separately issue rules and regulations to enable the respective department or agency to carry out the provisions of this chapter, and may dele- gate any power conferred by this chapter. CHAPTERS 12 AND 18 OF THE ATOMIC ENERGY ACT OF 1954 (PROTECTION OF ATOMIC ENERGY INFORMATION)2 CHAPTER 2. DEFINITIONS SEC. 11. [42 U.S.C. 2014] DEFINITIONS.-The intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this Act: a. The term "agency of the United States" means the executive branch of the United States, or any Government agency, or the leg- islative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, See footnotes 3 and 4, ante. 2 Throughout the Atomic Energy Act of 1954, the term "Commission" means the Atomic Energy Commission. The functions of the Atomic Energy Commission, which previously were transferred to the Administrator of the Energy Research and Development Administration, were transferred to the Secretary of Energy by section 301 of the Department of Energy Organi- zation Act (Public Law 95-91; 91 Stat. 577). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 &~%+ JCLEt 1 CU uiWS OF INTEREST committee, commission, or other establishment in the judicial branch. * * * * * * * h. The term "defense information" means any information in any category determined by any Government agency authorized to classify information, as being information respecting, relating to, or affecting the national defense. * * * * * * 1. The term "Government agency" means any executive depart- ment, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an in- strumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establish- ment in the executive branch of the Government. * * * * * * * s. The term "person" means (1) any individual, corporation, part- nership, firm, association, trust, estate, public or private institu- tion, group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivi- sion of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing. * * * * * * * y. The term "Restricted Data" means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the pro- duction of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data de- classified or removed from the Restricted Data category pursuant to section 142. CHAPTER 12. CONTROL OF INFORMATION SEC. 141. [42 U.S.C. 2161] POLICY.-It shall be the policy of the Commission to control the dissemination and declassification of Re- stricted Data in such a manner as to assure the common defense and security. Consistent with such policy, the Commission shall be guided by the following principles: a. Until effective and enforceable international safeguards against the use of atomic energy for destructive purposes have been established by an international arrangement, there shall be no exchange of Restricted Data with other nations except as au- thorized by section 144; and b. The dissemination of scientific and technical information relat- ing to atomic energy should be permitted and encouraged so as to provide that free interchange of ideas and criticism which is essen- tial to scientific and industrial progress and public understanding and to enlarge the fund of technical information. SEC. 142. [42 U.S.C. 2162] CLASSIFICATION AND DECLASSIFICATION OF RESTRICTED DATA.- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 IWS OF INTEREST 237 a. The Commission shall from time to time determine the data, within the definition of Restricted Data, which can be published without undue risk of the common defense and security and shall thereupon cause such data to be declassified and removed from the category of the Restricted Data. b. The Commission shall maintain a- continuous review of Re- stricted Data and of any Classification Guides issued for the guid- ance of those in the atomic energy program with respect to the areas of Restricted Data which have been declassified in order to determine which information may be declassified and removed from the category of Restricted Data without undue risk to the common defense and security. c. In the case of Restricted Data which the Commission and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determination that such data may be published without constituting an unreasonable risk to the common defense and security shall be made by the Commis- sion and the Department of Defense jointly, and if the Commission and the Department of Defense do not agree, the determination shall be made by the President. d. The Commission shall remove from the Restricted Data catego- ry such data as the Commission and the Department of Defense jointly determine relates primarily to the military utilization of atomic weapons and which the Commission and Department of De- fense jointly determine can be adequately safeguarded as defense information: Provided, however, That no such data so removed from the Restricted Data category shall be transmitted or other- wise made available to any nation or regional defense organization, while such data remains defense information, except pursuant to an agreement for cooperation entered into in accordance with sub- section 144 b. e. The Commission shall remove from the Restricted Data catego- ry such information concerning the atomic energy programs of other nations as the Commission and the Director of Central Intel- ligence jointly determine to be necessary to carry out the provi- sions of section 102(d) of the National Security Act of 1947, as amended, and can be adequately safeguarded as defense informa- tion. SEC. 143. [42 U.S.C. 21633 DEPARTMENT OF DEFENSE PARTICIPA- TION.-The Commission may authorize any of its employees, or em- ployees of any contractor, prospective contractor, licensee or pro- spective licensee of the Commission or any other person authorized access to Restricted Data by the Commission under subsections 145 b. and 145 c. to permit any employee of an agency of the Depart- ment of Defense or of its contractors, or any member of the Armed Forces to have access to Restricted Data required in the perform- ance of his duties and so certified by the head of the appropriate agency of the Department of Defense or his designee: Provided, however, That the head of the appropriate agency of the Depart- ment of Defense or his designee has determined, in accordance with the established personnel security procedures and standards of such agency, that permitting the member or employee to have access to such Restricted Data will not endanger the common de- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RD L110 0ELmicu P90-00530R000300580001 -0 S OF INTEREST fense and security: And provided further, That the Secretary of De- fense finds that the established personnel and other security proce- dures and standards of such agency are adequate and in reasonable conformity to the standards established by the Commission under section 145. SEC. 144. [42 U.S.C. 2164] INTERNATIONAL COOPERATION.- a. The President- may authorize the. Commission to cooperate with another nation and. to communicate to that nation Restricted Data on- (1) refining, purification, and subsequent treatment of source material; (2) civilian reactor development; (3) production of special nuclear material; (4) health and safety; (5) industrial and other applications of atomic energy for peaceful purposes; and (6) research and development relating to the foregoing: Provided, however, That no such cooperation shall involve the com- munication of Restricted Data relating to the design or fabrication of atomic weapons: And provided further, That the cooperation is undertaken pursuant to an agreement for cooperation entered into in accordance with. section 123, or is undertaken pursuant to an agreement existing on the effective date of this Act. b. The President may authorize the Department of Defense, with the assistance of the Commission, to cooperate with another nation or with a regional defense organization to which the United'States is a party, and to communicate to that nation or organization such Restricted Data (including design information) as is necessary to- (1) the development of defense plans; (2) the training of personnel in the employment of and de- fense against atomic weapons and other military applications of atomic energy; (3) the evaluation of the capabilities of potential enemies in the employment of atomic weapons and other military applica- tions of atomic energy; and (4) the development of compatible delivery systems for atomic weapons; whenever the President determines that the proposed cooperation and the proposed communication of the Restricted Data will pro- mote' and will not constitute an unreasonable risk to the common defense and security, while such other nation or organization is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the-coopera- tion is undertaken pursuant to an agreement entered into in ac- cordance with section 123. c. In addition to the cooperation authorized in subsections 144 a. and 144 b., the President may authorize the Commission- with the assistance of the= Department of Defense, to cooperate with another nation and- (1) to exchange with that nation Restricted Data concerning atomic weapons: ;Provided, That communication of such Re- stricted Data to that nation is necessary to improve its atomic Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 WS OF INTEREST 239 weapon design, development, or fabrication capability and pro- vided that nation has made substantial progress in the devel- opment of atomic weapons; and (2) to communicate or exchange with that nation Restricted Data concerning research, development, or design, of military reactors. whenever the President determines that the proposed cooperation and the communication of the proposed Restricted Data will pro- mote and will not constitute an unreasonable risk to the common defense and security, while such other nation is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the cooperation is undertaken pursuant to an agreement entered into in accordance with section 123. d. The President may authorize any agency of the United States to communicate in accordance with the terms and conditions of an agreement for cooperation arranged pursuant to subsection 144 a., b., or c., such Restricted Data as is determined to be transmissible under the agreement for cooperation involved. SEC. 145. [42 U.S.C. 2165] RESTRICTIONS.- a. No arrangement shall be made under section 31, no contract shall be made or continued in effect under section 41, and no li- cense shall be issued under section 103 or 104, unless the person with whom such arrangement is made, the contractor or prospec- tive contractor, or the prospective licensee agrees in writing not to permit any individual to have access to Restricted Data until the Civil Service Commission 1 shall have made an investigation and report to the Commission on the character, associations, and loyal- ty of such individual, and the Commission shall have determined that permitting such person to Restricted Data will not endanger the common defense and security. b. Except as authorized by the Commission or the General Man- ager upon a determination by the Commission or General Manager that such action is clearly consistent with the national interest, no individual shall be employed by the Commission nor shall the Com- mission permit any individual to have access to Restricted Data until the Civil Service Commission' shall have made an investiga- tion and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have de- termined that permitting such person to have access to Restricted Data will not endanger the common defense and security. c. In lieu of the investigation and report to be made by the Civil Service Commission pursuant to subsection b. of this section, the Commission may accept an investigation and report on the charac- ter, associations, and loyalty of an individual made by another Gov- ernment agency which conducts personnel security investigations, provided that a security' clearance has been granted to such indi- vidual by another Government agency based on such investigation and report. ' Functions of the Civil Service Commission were transferred to the Director of the Office of Personnel Management, by section 102 of Reorganization Plan No. 2 of 1978 (92 Stat. 3783; 5 U.S.C. 1101 note). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 LLu SELECTED LAWS OF INTEREST d. In= the event an investigation made pursuant to subsection a. .and b. of this section develops any data reflecting that the individ- ual who_ is the subject of the investigation is of questionable loyal- ty, the Civil Service Commission shall refer the matter to the Fed- eral Bureau of Investigation for the conduct of a full field investi- gation, the results of which shall be furnished to the Civil Service Commission for its information and-appropriate action. e. If the President deems it to ,be-in the national interest he may from time to time determine that investigations of any group or class which are required by subsections a., b., and c. of this section be made by the Federal Bureau of Investigation. f. Notwithstanding -the provisions of subsections a., b., and c., of this section, a majority of the members of the Commission shall certify those specific positions which are of a high degree of impor- tance or sensitivity, and upon such certification, the investigation and reports required by such provisions shall be made by the Fed- eral Bureau of Investigation. g. The Commission shall establish standards and specifications in writing as to the scope and extent of investigations, the reports of which will be utilized by the Commission in making the determina- tion, pursuant to subsections a., b., and c. of this section, that per- mitting a person access to restricted data will not endanger the common defense and security. Such standards and specifications shall be based on the location and class or kind of work to be done, and shall, among other considerations, take into account the degree of importance to the common defense and security of the restricted data to which access will be :permitted. h. Whenever the Congress declares that a state of war exists, or in the event of a national disaster due to enemy attack, the Com- mission is authorized during the state of war or period of national disaster due to enemy attack to employ individuals and to permit individuals access to Restricted Data pending the investigation report, and determination required by section 145 b., to the extent that and so long as the Commission finds that such action is re- quired to prevent impairment of its activities in furtherance of the common defense and security. SEC. 146. [42 U.S.C. 2166] GENERAL PROVISIONS.- a. Sections 141 to 145, inclusive, shall not exclude the applicable provisions of any other laws, except that no Government agency shall take any action under such other laws inconsistent with the provisions of those sections. b. The Commission shall have no power to control or restrict the dissemination of information other than as granted by this or any other law. SEC. 147. [42 U.S.C. 2167] SAFEGUARDS INFORMATION.- a. In addition - to any other authority or requirement regarding protection from disclosure of information, and subject to subsection (b)(3) of section 552 of title 5 of the United States Code, the Com- mission shall prescribe such regulations, after notice and opportu- nity for public comment, or issue such orders, as necessary to pro- hibit the unauthorized disclosure of safeguards information which specifically identifies a licensee's or applicant's detailed- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 _WS OF INTEREST 241 (1) control and accounting procedures or security measures (including security plans, procedures, and equipment) for the physical protection of special nuclear material, by whomever possessed, whether in transit or at fixed sites, in quantities de- termined by the Commission to be significant to the public health and safety or the common defense and security; (2) security measures (including security plans, procedures, and equipment) for the physical protection of source material or byproduct material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Com- mission to be significant to the public health and safety or the common defense and security; or (3) security measures (including security plans, procedures, and equipment) for the physical protection of and the location of certain plant equipment vital to the safety of production or utilization facilities involving nuclear materials covered by paragraphs (1) and (2) if the unauthorized disclosure of such information could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by signifi- cantly increasing the likelihood of theft, diversion, or sabotage of such material or such facility. The Commission shall exercise the authority of this subsection- (A) so as to apply the minimum restrictions needed to pro- tect the health and safety of the public or the common defense and security, and (B) upon a determination that the unauthorized disclosure of such information could reasonably be expected to have a signif- icant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of theft, diversion, or sabotage of such material or such facility. Nothing in this Act shall authorize the Commission to prohibit the public disclosure of information pertaining to the routes and quantities of shipments of source material, by-product material, high level nuclear waste, or irradiated nuclear reactor fuel. Any person, whether or not a licensee of the Commission, who violates any regulation adopted under this section shall be subject to the civil monetary penalties of section 234 of the Act. Nothing in this section shall be construed to authorize the withholding of informa- tion from the duly authorized committees of the Congress. b. For the purposes of section 223 of this Act, any regulations or orders prescribed or issued by the Commission under this section shall also be deemed to be prescribed or issued under section 161 b. of this Act. c. Any determination by the Commission concerning the applica- bility of this section shall be subject to judicial review pursuant to subsection (a)(4)(B) of section 552 of title 5 of the United States Code. d. Upon prescribing or issuing any regulation or order under sub- section a. of this section, the Commission shall submit to Congress a report that: - Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : {CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 (1) specifically identifies the type of information the Commis- sion intends to protect from disclosure under the regulation or order; (2) specifically states the Commission's justification for deter- mining that unauthorized disclosure of the information to be protected from disclosure under the regulation or order could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of theft, di- version, or sabotage of such material or such facility, as speci- fied under subsection (a) of this section; and (3) provides justification, including proposed alternative reg- ulations or orders, that the regulation or order applies only the minimum restrictions needed to protect the health and safety of the public or the common defense and security. e. In addition to the reports required under subsection d. of this section, the Commission shall submit to Congress on a quarterly basis a report detailing the Commission's application during that period of every regulation or order prescribed or issued under this section. In particular, the report shall: (1) identify any information protected from disclosure pursu- ant to such regulation or order; (2) specifically state the Commission's justification for deter- mining that unauthorized disclosure of the information pro- tected from disclosure under such regulation or order could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of theft, di- version or sabotage of such material or such facility, as speci- fied under subsection a. of this section; and (3) provide justification that the Commission has applied such regulation or order so as to protect from disclosure only the minimum amount of information necessary to protect the health and safety of the public or the common defense and se- curity. SEC. 148. [42 U.S.C. 2168] PROHIBITION AGAINST THE DISSEMINA- TION OF CERTAIN UNCLASSIFIED INFORMATION- a. (1) In addition to any other authority or requirement regard- ing protection from dissemination of information, and subject to section 552(b)(3) of title 5, United States Code, the Secretary, with respect to atomic energy defense programs, of Energy (hereinafter in this section referred to as the "Secretary") shall prescribe such regulations, after notice and opportunity for public comment there- on, or issue such orders as may be necessary to prohibit the unau- thorized dissemination of unclassified information pertaining to- (A) the design of production facilities or utilization facilities; (B) security measures (including security plans, procedures, and equipment) for the physical protection of (i) production or utilization facilities, (ii) nuclear material contained in such facilities, or (iii) nuclear material in transit; or (C) the design, manufacture, or utilization of any atomic weapon or component if the design, manufacture, or utilization of such weapon or component was contained in any information Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001 _0 IS OF INTEREST 243 declassified or removed from the Restricted Data category by the Secretary (or the head of the predecessor agency of the Depart- ment of Energy) pursuant to section 142. (2) The Secretary may prescribe regulations or issue orders under paragraph (1) to prohibit the dissemination of any information de- scribed in such paragraph only if and to the extent that the Secre- tary determines that the unauthorized dissemination of such infor- mation could reasonably be expected to have a. significant adverse effect on the health or safety of the public or the common defense and security by significantly increasing the likelihood of (A) illegal production of nuclear weapons, or (B) theft, diversion, or sabotage of nuclear materials, equipment, or facilities. (3) In making a determination under paragraph (2) the Secretary may consider what the likelihood of an illegal production, theft, di- version, or sabotage referred to in such paragraph would be if the information proposed to be prohibited from dissemination under this section were at no time available for dissemination. (4) The Secretary shall exercise his authority under this subsec- tion to prohibit the dissemination of any information described in subsection a. (1)- (A) so as to apply the minimum restrictions needed to pro- tect the health and safety of the public or the common defense and security; and . (B) upon a determination that the unauthorized dissemina- tion of such information could reasonably be expected to result in a significant adverse effect on the health and safety of the public or the common defense and security by significantly in- creasing the likelihood of (i) illegal production of nuclear weap- ons, or (ii) theft, diversion, or sabotage of nuclear materials, equipment, or facilities. (5) Nothing in this section shall be construed to authorize the Secretary to authorize the withholding of information from the ap- propriate committees of the Congress. b. (1) Any person who violates any regulation or order of the Sec- retary issued under this section with respect to the unauthorized dissemination of information shall be subject to,a civil penalty, to be imposed by the Secretary, of not to exceed $100,000 for each such violation. The Secretary may compromise, mitigate, or remit any penalty imposed under this subsection. (2) The. provisions of subsection b. and c. of section 234 of this Act shall be applicable with respect to the imposition of civil penalties by the Secretary under this section in the same manner that such provisions are applicable to the imposition of civil penalties by the Commission under subsection a. of such section. c. For the purposes of section 223 of this Act, any regulation pre- scribed or order issued by the Secretary under this section shall also be deemed to be prescribed or issued under section 161 b. of this Act. d.. Any determination by the Secretary concerning the applicabil- ity of this section shall be subject to judicial review pursuant to section 552(a)(4)(B) of title 5, United States Code. e. The Secretary shall prepare on a quarterly basis a report to be made available upon the request of any interested person, detail- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 ....,. , _ ...______ ing the Secretary's application during that period of each regula- tion or order prescribed or issued under this section. In particular, such report shall- (1) identify any information protected from disclosure pursu- ant to such regulation or order; (2) specifically state the Secretary's justification for deter- mining that unauthorized dissemination of the information protected from disclosure under such regulation or order could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of illegal pro- duction of nuclear weapons, or theft, diversion, or sabotage of nuclear materials, equipment, or facilities, as specified under subsection a.; and (3) provide justification that the Secretary has applied such regulation or order so as to protect from disclosure only the minimum amount of information necessary to protect the health and safety of the public or the common defense and se- curity. SEC. 149. [42 U.S.C. 2169] FINGERPRINTING FOR CRIMINAL HISTO- RY RECORD CHECKS.- a. The Nuclear Regulatory Commission (in this section referred to as the "Commission") shall require each licensee or applicant for a license to operate a utilization facility under section 103 or 104 b. to fingerprint each individual who is permitted unescorted access to the facility or is permitted access to safeguards information under section 147. All fingerprints obtained by a licensee or appli- cant as required in the preceding sentence shall be submitted to the Attorney General of the United States through the Commission for identification and a criminal history records check. The costs of any identification and records check conducted pursuant to the pre- ceding sentence shall be paid by the licensee or applicant. Notwith- standing any other provision of law, the Attorney General may provide all the results of the search to the Commission, and, in ac- cordance with regulations prescribed under this section, the Com- mission may provide such results to the licensee or applicant sub- mitting such fingerprints. b. The Commission, by rule, may relieve persons from the obliga- tions imposed by this section, upon specified terms, conditions, and periods, if the Commission finds that such action is consistent with its obligations to promote the common defense and security and to protect the health and safety of the public. c. For purposes of administering this section, the Commission shall prescribe, subject to public notice and comment, regulations- (1) to implement procedures for the taking of fingerprints; (2) to establish the conditions for use of information received from the Attorney General, in order- (A) to limit the redissemination of such information; (B) to ensure that such information is used solely for the purpose of determining whether an individual shall be per- mitted unescorted access to the facility of a licensee or ap- plicant or shall be permitted access to safeguards informa- tion under section 147; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : C1A-RDP90-00530 R000300580001-0 I __ by _WS OF INTEREST 245 (C) to ensure that no final determination may be made solely on the basis of information provided under this sec- tion involving- (i) an arrest more than 1 year old for which there is no information of the disposition of the case; or (ii) an arrest that resulted in dismissal of the charge or an acquittal; and (D) to protect individuals subject to fingerprinting under this section from misuse of the criminal history records; and (3) to provide each individual subject to fingerprinting under this section with the right to complete, correct, and explain in- formation contained in the criminal history records prior to any final adverse determination. d. (1) The Commission may establish and collect fees to process fingerprints and criminal history records under this section. (2) Notwithstanding section 3302(b) of title 31, United States Code, and to the extent approved in appropriation Acts- (A) a portion of the amounts collected under this subsection in any fiscal year may be retained and used by the Commission to carry out this section; and (B) the remaining portion of the amounts collected under this subsection in such fiscal year may be transferred periodi- cally to the Attorney General and used by the Attorney Gener- al to carry this section. (3) Any amount made available for use under paragraph (2) shall remain available until expended. CHAPTER 18. ENFORCEMENT SEC. 221. [42 U.S.C. 2271] GENERAL PROVISIONS.- a. To protect against the unlawful dissemination of Restricted Data and to safeguard facilities, equipment, materials, and other property of the Commission, the President shall have authority to utilize the services of any Government agency to the extent he may deem necessary or desirable. b. The Federal Bureau of Investigation of the Department of Jus- tice shall investigate all alleged or suspected criminal violations of this Act. c. No action shall be brought against any individual or person for any violation under this Act unless and until the Attorney General of the United States has advised the Commission with respect to such action and no such action shall be commenced except by the Attorney General of the United States: Provided, however, That no action shall be brought under section 222, 223, 224, 225 or 226 except by the express direction of the Attorney General: And pro- vided further, That nothing in this subsection shall be construed as applying to administrative action taken by the Commission. SEC. 222. [42 U.S.C. 2272] VIOLATION OF SPECIFIC SECTIONS.- Whoever willfully violates, attempts to violate, or conspires to vio- late, any provision of sections 57, 92, or 101, or whoever unlawfully interferes, attempts to interfere, or conspires to interfere with any Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 &nu a?iv i cv Ln,NS OF INTEREST recapture or entry under section 108 shall, upon conviction thereof, be-punished by a fine of not more than $10,000 or by imprisonment for not more than ten years, or both, except that whoever commits .such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation shall, upon conviction thereof, be punished by imprisonment for life, or by im- prisonment for any terms of years or a fine of not more than $20,000 or both. SEC. 223.;[42 U.S.C. 2273] VIOLATION OF SECTIONS GENERALLY.- a Whoever willfully violates, attempts to.violate, or conspires to violate, any provision of this Act for which no criminal penalty is specifically provided or of any regulation or order prescribed or issued under section 65 -or subsections 161 b., i., or o. shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation, shall, upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both. b. Any individual director, officer, or employee of a firm con- structing, or supplying the components of any utilization facility required to be licensed under section 103 or 104 b. of this Act who by act or omission, in connection with such construction or supply, knowingly and willfully violates or causes to be violated, any sec- tion of this Act, any rule, regulation, or order issued thereunder, or any license -condition, which violation results, or if undetected could have resulted, in a significant impairment of a basic compo- nent of such a facility shall, upon conviction, be subject to a fine of not more than $25,000 for each day of violation, or to imprison- ment not to exceed two years, or both. If the conviction is for a vio- lation committed after a first conviction under this subsection, pun- ishment shall be a fine of not more than $50,000 per day of viola- tion, or imprisonment for not more than two years, or both. For the purposes of this subsection, the term "basic component" means a facility structure, system, component or part thereof necessary to assure- (1) the integrity of the reactor coolant pressure boundary, (2) the capability to shut-down the facility and maintain it in a safe shut-down condition, or (3) the capability to prevent or mitigate the consequences of accidents which could result in an unplanned offsite release of quantities of fission products in excess of the limits established by the Commission. The provisions of this subsection shall be prominently posted at each site where a utilization facility required to be licensed under section 103 or 104 b. of this Act is under construction and on the premises of each plant where components for such a facility are fabricated. . SEC. 224. [42 U.S.C. 2274] COMMUNICATION OF RESTRICTED DATA.-Whoever, lawfully or unlawfully, having possession of, access to, control over, or being entrusted with any document, writ- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 --- DVS OF INTEREST 247 v, ing, sketch, photograph, plan, model, instrument, appliance, note,. or information involving or incorporating Restricted Data- a. Communicates, transmits, or discloses the same to any in- dividual or person, or attempts or conspires to do any of the forgoing, with intent to injure the United States or with intent to secure an advantage to any foreign nation, upon conviction thereof, shall be punished by imprisonment for life, or by im- prisonment for any term of years or a fine of not more than $20,000 or both; b. communicates, transmits, or discloses the same to any in- dividual or person, or attempts or conspires to do any of the foregoing, with reason to believe such data will be utilized to injure the United States or to secure an advantage to any for- eign nation, shall, upon conviction, be punished by a fine of not more than $10,000 or imprisonment for not more than ten years, or both. SEC. 225. [42 U.S.C. 2275] RECEIPT OF RESTRICTED DATA.-Who- ever, with intent to injure the United States or with intent to secure an advantage to any foreign nation, acquires or attempts or conspires to acquire any document, writing, sketch, photograph, plan, model, instrument, appliance, note, or information involving or incorporating Restricted Data shall, upon conviction thereof, be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both. SEC. 226. [42 U.S.C. 2276] TAMPERING WITH RESTRICTED DATA.- Whoever, with intent to injure the United States or with intent to secure an advantage to any foreign nation, removes, conceals, tampers with, alters, mutilates, or destroys any document, writing, sketch, photograph, plan, model, instrument, appliance, or note in- volving or incorporating Restricted Data and used by any individ- ual or person in connection with the production of special nuclear material, or research or development relating to atomic energy, conducted by the United States, or financed in whole or in part by Federal funds, or conducted with the aid of special nuclear materi- al, shall be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both. SEC. 227. [42 U.S.C. 2277] DISCLOSURE OF RESTRICTED DATA.- Whoever, being or having been an employee or member of the Commission, a member of the Armed Forces, an employee of any agency of the United States, or being or having been a contractor of the Commission or of an agency of the United States, or being or having been an employee of a contractor of the Commission or of an agency of the United States, or being or having been a licensee of the Commission, or being or having been an employee of a li- censee of the Commission, knowingly communicates, or whoever conspires to communicate or to receive, any Restricted Data, know- ing or having reason to believe that such data is Restricted Data, to any person not authorized to receive Restricted Data pursuant to the provisions of this Act or under rule or regulation of the Com- mission issued pursuant thereto, knowing or having reason to be- lieve such person is not so authorized to receive Restricted Data shall, upon conviction thereof, be punishable by a fine of not more than $2,500. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 cwa atLttitu LAWS OF.INTEREST SEC. 228. [42 U.S.C: 2278] .STATUTE OF LIMITATIONS.-Except for a capital offense, no individual or person shall be prosecuted, tried, or punished for any offense prescribed or defined in sections 224 to 226, inclusive, of this Act, unless the indictment is found-or the in- formation is instituted within ten years next after such offense shall have been committed. SEC. 229. [42 U.S.C. 2278a] TRESPASS UPON COMMISSION INSTAL- LATIONS.- a. The Commission is authorized to issue regulations relating to the entry upon or carrying, transporting, or otherwise intro- ducing or causing to be introduced any dangerous weapon, ex- plosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, into or upon any facility, installation, or real property subject to the jurisdiction, administration, or in the custody of the Commission. Every such regulation of the Commission shall be posted conspicuously at the location involved. b. Whoever shall willfully violate any regulation of the Com- mission issued pursuant to subsection a. shall, upon conviction thereof, be punishable by a fine of not more than $1,000. c. Whoever. shall willfully violate any regulation of the Com- mission issued pursuant to subsection a. with respect to any in- stallation or other property which is enclosed by a fence, wall, floor, roof, or other structural barrier shall be guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine of not to exceed $5,000 or to -imprisonment for not more than one year, or both. SEC. 230. [42 U.S.C. 2278b] PHOTOGRAPHING, ETC., OF COMMIS- SION INSTALLATIONS.-It shall be an offense, punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both- (1) to -make any photograph, sketch, picture, drawing, map or graphical representation, while present on property subject to the jurisdiction, administration or in the custody of the Com- mission, of any installations or equipment designated by the President as requiring protection against the general dissemi- nation of information relative thereto, in the interest of the common defense and security, without first obtaining the per- mission of the Commission, and promptly submitting the prod- uct obtained to the Commission for inspection or such other action as may be deemed necessary; or (2) to use or permit the use of an aircraft or any contrivance used, or designed for navigation or flight in air, for the purpose of making a photograph, sketch, picture, drawing, map or graphical representation of any installation or equipment des- ignated by the President as provided in the preceding para- graph, unless authorized by the Commission. SEC: 231. [42 U.S.C. 2279] OTHER LAWS.-Sections 224 to 230 shall not exclude the applicable provisions of any other laws. SEC. 232. [42 U.S.C. 2280] INJUNCTION PROCEEDINGS.-Whenever in the judgment of the Commission any person has engaged or' is about to engage in any acts or practices which constitute or-will constitute a violation of any provision of this Act, or any regulation Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 SELECTED LAWS OF INTEREST 249 .or order-issued thereunder, the Attorney General on behalf of the United States may make application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the Com- mission that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, re- straining order, or other order may be granted. SEC. 233. [42 U.S.C. 2281] CONTEMPT PROCEEDINGS.-In case of failure or refusal to obey a subpena served upon any person pursu- ant to subsection 161 c., the district court for any district in which such person is found or resides or transacts business, upon applica- tion by the Attorney General on behalf of the United States, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both, in accordance with the subpena; and any failure to obey such order of the court may be punished by such court as a contempt thereof. SEC. 234. [42 U.S.C. 2282] CIVIL MONETARY PENALTIES FOR VIO- LATIONS OF LICENSING REQUIREMENTS.- a. Any person who (1) violates any licensing provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 or any rule, regula- tion, or order issued thereunder, or any term, condition, or limita- tion of any license issued thereunder, or (2) commits any violation for which a license may be revoked under section 186, shall be sub- ject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. If any violation is a con- tinuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties. b. Whenever the Commission has reason to believe that a person has become subject to the imposition of a civil penalty under the. provisions of this section, it shall notify such person in writing (1) setting forth the date, facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted an opportunity to show in writ- ing, within such reasonable period as the Commission shall by reg- ulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the Commission, if any, the penalty may be collected by civil action. c. On the request of the Commission, the Attorney General is au- thorized to institute a civil action to collect a penalty imposed pur- suant to this section. The Attorney General shall have the exclu- sive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection. SEC. 235. [42 U.S.C. 2283] PROTECTION OF NUCLEAR INSPEC- TORS.- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 . Lou StLtcitD LAWS OF INTEREST a. Whoever kills any person who performs any inspections which- (1) are related to any activity or facility licensed by the Com- mission, and '(2) are carried out to satisfy requirements under this Act or under any other Federal law governing the safety of utilization facilities required to be licensed under section 103 or 104 b., or the safety of radioactive materials, shall be punished as provided under sections 1111 and 1112 of title 18, United States Code. The preceding sentence shall be applicable only if such person is killed while engaged in the performance of such inspection duties or on account of the performance of such duties. b. Whoever forcibly assaults, resists, opposes, impedes, intimi- dates, or interferes with any person who performs inspections as described under subsection a. of this section, while such person is engaged in such inspection duties or on account of the performance of such duties, shall be punished as provided under section 111 of title 18, United States Code. SEC. 236. [42 U.S.C. 2284] SABOTAGE OF NUCLEAR FACILITIES OR FUEL.-Any person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully at- tempts to destroy or cause physical damage to- (1) any production facility or utilization facility licensed under this Act, (2) any nuclear waste storage facility licensed under this Act, (3) any nuclear fuel for such a utilization facility, or any spent nuclear fuel from such a facility, . shall be fined not more than $10,000 or imprisoned for not more than ten years, or both. SECTION 705 OF THE COMMUNICATIONS ACT OF 1934 (47 U.S.C. 605) (UNAUTHORIZED PUBLICATION OF COMMUNI- CATIONS) UNAUTHORIZED PUBLICATION OF COMMUNICATIONS SEC. 705. (a) Except as authorized by chapter 119, title 18, United States Code, no person receiving, assisting in receiving, transmit- ting, or assisting in transmitting, any interstate or foreign commu- nication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, (1) to any person other than the addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, (4) to the master of a ship under whom he is serv- ing, (5) in response to a subpena issued by a court of competent ju- risdiction, or (6) on demand of 'other lawful authority. No person not being authorized by the sender shall intercept any radio com- munication and divulge or publish the existence, contents, sub- stance, purport, effect, or meaning of such intercepted communica- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 SELECTED LAWS OF INTEREST 251 tion to any person. No person not being entitled thereto shall re- ceive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not enti- tled thereto. No person having received any intercepted radio com- munication or having become acquainted with the contents, sub- stance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, -shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. This section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication which is transmitted by any station for the use of the general public, which relates to ships, aircraft, vehicles, or persons in distress, or which is transmitted. by an amateur radio station operator or by a citizens band radio operator. (b) The provisions of subsection (a) shall not apply to the inter- ception or receipt by any individual, or the assisting (including the manufacture or sale) of such interception or receipt, of any satellite cable programming for private viewing if- (1) the programming involved is not encrypted; and (2)(A) a marketing system is not established under which- (i) an agent or agents have been lawfully designated for .the purpose of authorizing private viewing by individuals, and (ii) such authorization is available to the individual in- volved from the appropriate agent or agents; or (B) a marketing system described in subparagraph (A) is es- tablished and the individuals receiving such programming has obtained authorization for private viewing under that system. (c) For purposes of this section- (1) the term "satellite cable programming" means video pro- gramming which is transmitted via satellite and which is pri- marily intended for the direct receipt by cable operators for their retransmission to cable subscribers; (2) the term "agent", with respect to any person, includes an employee of such person; (3) the term "encrypt", when used with respect to satellite cable programming, means to transmit such programming in a form whereby the aural and visual characteristics (or both) are modified or altered for the purpose of preventing the unauthor- ized receipt of such programming by persons without author- ized equipment which is designed to eliminate the effects of such modification or alteration; . (4) the term "private viewing" means the viewing for private use in an individual's dwelling unit by means of equipment, owned or operated by such individual, capable of receiving sat- ellite cable programming directly from a satellite; and (5) the term "private financial gain" shall not include the gain resulting to any individual for the private use in such in- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 252 SELECTED LAWS OF INTEREST dividual's dwelling unit of any programming for which the in- dividual has not obtained authorization for that use. (d)(1) Any person who willfully violates subsection (a) shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both. (2) Any person who violates subsection (a) willfully and for pur- poses of direct or indirect commercial advantage or private finan- cial gain shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both, for the first such conviction and shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both, for any subsequent conviction. (3)(A) Any person aggrieved by any violation of subsection (a) may bring a civil action in a United States district court or in any other court of competent jurisdiction. (B) The court may- (i) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of sub- section (a); (ii) award damages as described in subparagraph (C); and (iii) direct the recovery of full costs, including awarding rea- sonable attorneys' fees to an aggrieved party who prevails. (C)(i) Damages awarded by any court under this section shall be computed, at the election of the aggrieved party, in accordance with either of the following subclauses; (I) the party aggrieved may recover the actual damages suf- fered by him as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages; in deter- mining the violator's profits, the party aggrieved shall be re- quired to prove only the violator's gross revenue, and the viola- tor shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the viola- tion; or (II) the party aggrieved may recover an award of statutory damages for each violation involved in the action in a sum of not less than $250 or more than $10,000, as the court considers just. (ii) In any case in which the court finds that the violation was committed willfully and for purposes of direct or indirect commer- cial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory, by an amount of not more than $50,000. (iii) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a vio- lation of this section, the court in its discretion may reduce the award of damages to a sum of not less than $100. (4) The importation, manufacture, sale, or distribution of equip- ment by any person with the intent of its use to assist in any activ- ity prohibited by subsection (a) shall be subject to penalties and remedies under this subsection to the same extent and in the same manner as a person who has engaged in such prohibited activity. (5) The penalties under this subsection shall be in addition to those prescribed under any other provision of this title. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 stLtU i to LAWS OF INTEREST 253 (6) Nothing in this subsection shall prevent any State, or political subdivision thereof, from enacting or enforcing any laws with re- spect to the importation, sale, manufacture, or distribution of equipment by any person with the intent of its use to assist in the interception or receipt of radio communications prohibited by sub- section (a). (e) Nothing in this section shall affect any right, obligation, or li- ability under title 17, United States Code, any rule, regulation, or order thereunder, or any other applicable Federal, State, or local law. SECTIONS 102, 103, AND 104 OF THE REVISED STATUTES OF THE UNITED STATES (CONGRESSIONAL INVESTIGATIONS) SEC. 102. [2 U.S.C. 192] Every person who having been sum- moned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under in- quiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee of either House of Congress, willfully makes de- fault, or who, having appeared, refuses to answer any question per- tinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than.$1,000 nor less than $100 and imprisoned in a common jail for not less than one month nor more than twelve months. SEC. 103. [2 U.S.C. 193] No witness is privileged to refuse to tes- tify to any fact, or to produce any paper, respecting which he shall be examined by either House of Congress, or by any joint commit- tee established by a joint or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous. SEC. 104. [2 U.S.C. 194] Whenever a witness summoned as men- tioned in section 102 fails to appear to testify or fails to produce any books, papers, records, or documents, as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House, or any joint com- mittee established by a joint or concurrent resolution of the two Houses of Congress, or any committee or subcommittee of either House of Congress, and the fact of such failure or failures is report- ed to either House while Congress is in session, or when Congress is not in session, a statement of fact constituting such failure is re- ported to and filed with the President of the Senate or the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : ICIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0s OF INTEREST SECTIONS 6002 AND 6005 OF TITLE 18, UNITED STATES CODE ? 6002. Immunity generally Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a pro- ceeding before or ancillary to- (1) a court or grand jury of the United States, (2) an agency of the United States, or (3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommittee of either House, and the person presiding over the proceeding communicates to the witness an order issued under this part, the witness may not refuse to comply with the order on the basis of his privilege against self- incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. ? 6005. Congressional proceedings (a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before either House of Congress, or any committee, or any subcommittee of either House, or any joint committee of the two Houses, a United States district court shall issue, in accordance with subsec- tion (b) of this section, upon the request of a duly authorized repre- sentative of the House of Congress or the committee concerned, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in section 6002 of this part. (b) Before issuing an order under subsection (a) of this section, a United States district court shall find that- (1) in the case of a proceeding before either House of Con- gress, the request for such an order has been approved by an affirmative vote of a majority of the Members present of that House; (2) in the case of a proceeding before a committee or a sub- committee of either House of Congress or a joint committee of both Houses, the request for such an order has been approved by an affirmative vote of two-thirds of the members of the full committee; and ' - (3) ten days or more prior to the day on which the request for such an order was made, the Attorney General was served with notice of an intention to request the order. (c) Upon application of the Attorney General, the United States district court shall defer the issuance of any order under subsection (a) of this section for such period, not longer than twenty days from Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ;)tLt1 i to ulWS OF INTEREST 255 the date of the request for such order, as the Attorney General may specify. SECTION 8(b) OF THE INSPECTOR GENERAL ACT OF 1978 ? 8. Additional provisions with respect to the Inspector General of the Department of Defense (b)(1) Notwithstanding the last two sentences of section 3(a),1 the Inspector General shall be under the authority, direction, and con- trol of the Secretary of Defense with respect to audits or investiga- tions, or the issuance of subpoenas, which require access to infor- mation concerning- (A) sensitive operational plans; (B) intelligence matters; (C) counterintelligence matters; (D) ongoing criminal investigations by other administrative units of the Department of Defense related to national securi- ty; or (E) other matters the disclosure of which would constitute a serious threat to national security. (2) With respect to the information described in paragraph (1) the Secretary of Defense may prohibit the Inspector General from initi- ating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out or complete such audit or investigation or to issue such subpoena, if the Secretary determines that such prohibi- tion is necessary to preserve the national security interests of the United States. (3) If the Secretary of Defense exercises any power under para- graph (1) or (2), the Inspector General shall submit a statement concerning such exercise within thirty days to the Committees on Armed Services and Governmental Affairs of the Senate and the Committees on Armed Services and Government Operations of the House of Representatives and to other appropriate committees or subcommittees of the Congress. (4) The Secretary shall, within thirty days after submission of a statement under paragraph (3), transmit a statement of the reasons for the exercise of power under paragraph (1) or (2) to the Commit- tees on Armed Services and Governmental Affairs of the Senate and the Committees on Armed Services and Government Oper- ations of the House of Representatives and to other appropriate committees or subcommittees. ' The last two sentences of such section 3(a) read as follows: Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of such establishment. Neither the head of the establishment nor the officer next in rank below such head shall prevent or prohibit the Inspector General from initiating, carrying out, or com- pleting any audit or investigation, or from issuing any subpena during the course of any audit or investigation." Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 B. CONGRESSIONAL OVERSIGHT TITLE V OF THE NATIONAL SECURITY ACT OF 1947 (50 U.S.C. 413) (ACCOUNTABILITY FOR INTELLIGENCE AC- TIVITIES) TITLE V-ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES 1 SEC. 501. (a) To the extent consistent with-a-11 applicable authori- ties and duties, including those conferred by the Constitution upon the executive and legislative branches of the Government, and to the extent consistent with due regard for the protection from unau- thorized disclosure of classified information and information relat- ing to intelligence sources and methods, the Director of Central In- telligence and the heads of all departments, agencies, and other en- tities of the United States involved in intelligence activities shall- (1) keep the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives (hereinafter in this section referred to as the "intelligence committees") fully and currently in- formed of all intelligence activities which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States, including any significant anticipated intelligence activity, except that (A) the foregoing provision shall not require approval of the intelli- gence committees as a condition precedent to the initiation of any such anticipated intelligence activity, and (B) if the Presi- dent determines it is essential to limit prior notice to meet ex- traordinary circumstances affecting vital interests of the United States, such notice shall be limited to the chairman and ranking minority members of the intelligence committees, the Speaker and minority leader of the House of Representa- tives, and the majority and minority leaders of the Senate; (2) furnish any information or material concerning intelli- gence activities which is in the possession, custody, or control of any department, agency, or entity of the United States and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities; and (3) report in a timely fashion to the intelligence committees any illegal intelligence activity or significant intelligence fail- ure and any corrective action that has been taken or is planned to be taken in connection with such illegal activity or failure. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 caa LunuItsSIONAL OVERSIGHT (b) The President shall fully inform the intelligence committees in a timely fashion of intelligence operations in foreign countries, other than activities intended solely for obtaining necessary intelli- gence, for which prior notice was not given under subsection (a) and shall provide a statement of the reasons for not giving prior notice. (c) The President and the intelligence committees shall each es- tablish such procedures as may be necessary to carry out the provi- sions of subsections (a) and (b). (d) the 1 House of Representatives and the Senate, in consulta- tion with the Director of Central Intelligence, shall each establish, by rule or resolution of such House, procedures to protection from unauthorized disclosure all classified information and all informa- tion relating to intelligence sources and methods furnished to the intelligence committees or to Members of the Congress under this section. In accordance with such procedures, each of the intelli- gence committees shall promptly call to the attention of its respec- tive House, or to any appropriate committee or committees of its respective House, any matter relating to intelligence activities re- quiring the attention of such House or such committee or commit- tees. (e) Nothing in this Act shall be construed as authority to with- hold information from the intelligence committees on the grounds that providing the information to the intelligence committees would constitute the unauthorized disclosure of classified informa- tion or information relating to intelligence sources and methods. SECTION 654 OF THE FOREIGN ASSISTANCE ACT OF 1961 (22 U.S.C. 2414) SEC. 654. PRESIDENTIAL FINDINGS AND DETERMINATIONS.-(a) In any case in which the President is required to make a report to the Congress, or to any committee or officer of either House of Con- gress, concerning any finding or determination under any provision of this Act, the Foreign Military Sales Act, or the Foreign Assist- ance and Related Programs Appropriation Act for each fiscal year, that finding or determination shall be reduced to writing and signed by the President. (b) No action shall be" taken pursuant to any such finding or de- termination prior to the date on which that finding or determina- tion has been reduced to writing and signed by the President. (c) Each such finding or determination shall be published in the Federal Register as soon as practicable after it has been reduced to writing and signed by the President. In any case in which the President concludes that such publication would be harmful to the national security of the United States, only a statement that a de- termination or finding has been made by the President, including the name and section of the Act under which it was made, shall be published. (d) No committee or officer of either House of Congress shall be denied any requested information relating to any finding or deter- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 CONGRESSIONAL OVERSIGHT 259 mination which the President is required to report to the Congress, or to any committee or officer of either House of Congress, under any provision of this Act, the Foreign Military Sales Act, or the Foreign Assistance and Related Programs Appropriation Act for each fiscal year even though such report has not yet been transmit- ted to the appropriate committee or officer of either House of Con- gress. SECTION 662 OF THE FOREIGN ASSISTANCE ACT OF 1961 (22 U.S.C. 2422) (THE "HUGHES-RYAN AMENDMENT") SEC. 662. LIMITATION ON INTELLIGENCE ACTIVITIES.-NO funds ap- propriated under the authority of this or any other Act may be ex- pended by or on behalf of the Central Intelligence Agency for oper- ations in foreign countries, other than activities intended solely for obtaining necessary intelligence, unless and until the President finds that each such operation is important to the national security of the United States. Each such operation shall be considered a sig- nificant anticipated intelligence activity for the purpose of section 501 of the National Security Act of 1947. SECTION 112b OF. TITLE 1, UNITED STATES CODE (UNITED STATES INTERNATIONAL AGREEMENTS) (THE "CASE ACT") ? 112b. United States international agreements; transmission to Congress (a) The Secretary of State shall transmit to the Congress the text of any international agreement (including the text of any oral international agreement, which agreement shall be reduced to writing), other than a treaty, to which the United States is a party as soon as practicable after such agreement has entered into force with respect to the United States but in no event later than sixty days thereafter. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Commit- tee on International Relations of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President. Any department or agency of the United States Government which enters into any international agreement on behalf of the United States shall transmit to the De- partment of State the text of such agreement not later than twenty days after such agreement has been signed. (b) Not later than March 1, 1979, and at yearly intervals thereaf- ter, the President shall, under his own signature, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report with re- spect to each international agreement which, during the preceding year, was transmitted to the Congress after the expiration of the 60-day period referred to in the first sentence of subsection (a), de- scribing fully and completely the reasons for the late transmittal. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 LOU GuIYGKLSSIONAL OVERSIGHT (c) Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary of State. Such consultation may encompass a class of agreements rather than a particular agreement. (d) The Secretary of State shall determine for and within the ex- ecutive branch whether an arrangement constitutes an internation- al agreement within the meaning of this section. (e) The President shall, through the Secretary of State, promul- gate such rules and regulations as may be necessary to carry out this section. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 C. REGISTRATION LAWS 1 SECTION 951 OF TITLE 18, UNITED STATES CODE (AGENTS OF FOREIGN GOVERNMENTS) ? 951. Agents of foreign governments (a) Whoever, other than a diplomatic or consular officer or atta- che, acts in the United States as an agent of a foreign government without prior notification to the Attorney General if required in subsection (b), shall be fined not more than $5,000 or imprisoned not more than ten years, or both. (b) The Attorney General shall promulgate rules and regulations establishing requirements for notification. (c) The Attorney General shall, upon receipt, promptly transmit one copy of each notification statement filed under this section to the Secretary of State for such comment and use, as the Secretary of State may determine to be appropriate from the point of view of the foreign relations of the United States. Failure of the Attorney General to do so shall not be a bar to prosecution under this sec- tion. (d) For purposes of this section, the term "agent of a foreign gov- ernment" means an individual who agrees to operate within the United States subject to the direction or control of a foreign gov- ernment or official, except that such term does not include- (1) a duly accredited diplomatic or consular, officer of a for- eign government, who is so recognized by the Department of State; (2) any officially and publicly acknowledged and _ sponsored official or representative of a foreign government; (3) any officially and publicly acknowledged and sponsored member of the staff of, or employee of, an officer, official, or representative described in paragraph (1) or (2), who is not a United States citizen; or (4) any person engaged in a legal commercial transaction. (e) Notwithstanding paragraph (d)(4), any person engaged in a legal commercial transaction shall be considered to be an agent of a foreign government for purposes of this section if- (1) such person agrees to operate within the United States subject to the direction or control of a foreign government or official; and (2) such person- (A) is an agent of the Soviet Union, the German Demo- cratic Republic, Hungary, Czechoslovakia, Poland, Bulgar- ia, Romania, or Cuba, unless the Attorney General, after ' See also chapter 7 of title II of the Immigration and Nationality Act, set out post at page 295. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 LUL nc u i i r TION LAWS consultation with the Secretary of State, determines and so reports to the Congress that the national security or for- eign policy interests of the United States require that the provisions of this section do not apply in specific circum- stances to agents of such country; or (B) has been convicted of, or has entered a plea of nolo contendere with respect to, any offense under section 792 through 799, 831, or 2381 of this title or under section 11 of the Export Administration Act of 1979, except that the provisions of this subsection shall not apply to a person de- scribed in this clause for a period of more than five years beginning on the date of the conviction or the date of entry of the plea of nolo contendere, as the case may be. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 FOREIGN AGENTS REGISTRATION ACT OF 1938 AN ACT To require the registration of certain persons employed by agencies to disseminate propaganda in the United States and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, POLICY AND PURPOSE It is hereby declared to be the policy and purpose of this Act to protect the national defense, internal security, and foreign rela- tions of the United States by requiring public disclosure by persons engaging in propaganda activities and other activities for or on behalf of foreign governments, foreign political parties, and other foreign principals so that the government and the people of the United States may be informed of the identity of such persons and may appraise their statements and actions in light of their associa- tions and activities. SECTION 1. [22 U.S.C. 611] As used in and for the purposes of this Act- (a) The term "person" includes an individual, partnership, asso- ciation, corporation, organization, or any other combination of indi- viduals; (b) The term "foreign principal" includes- (1) a government of a foreign country and a foreign political party; (2) a person outside of the United States, unless it is estab- lished that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; and (3) a partnership, association, corporation, organization or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (c) Expect 1 as provided in subsection (d) hereof, the term "agent of a foreign principal" means- (1) any person who acts as an agent, representative, employ- ee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a for- eign principal or of a person any of whose activities are direct- ly or indirectly supervised, directed, controlled, financed, or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 M4 ruKtuin Htitri fS REGISTRATION subsidized in whole or in major part by a foreign principal, and who directly or through any other person- (i) engages with the United States in political activities for or in the interests of such foreign principal; (ii) acts within the United States as a public relations counsel, publicity agent, information service employee or political consultant for or in the interests of such foreign principal; (iii) within the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or (iv) within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States; and (2) any person who agrees, consents, assumes or purports to act as, or who is or holds himself out to be, whether or not pur- suant to contractual relationship, an agent of a foreign princi- pal as defined in clause (1) of this. subsection. (d) The term "agent of a foreign principal" does not include any news or press service or association organized under the laws of the United States or of any State or other place subject to the jurisdic- tion of the United States, or any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with section 3611 of title 39, United States Code,' published in the United States, solely by virtue of any bona fide news or journalistic activities, in- cluding the solicitation or acceptance of advertisements, subscrip- tions, or other compensation therefor, so long as it is at least 80 per centum beneficially owned by, and its officers and directors, if any, are citizens of the United States, and such news or press service or association, newspaper, magazine, periodical, or other publication, is not owned, directed, supervised, controlled, subsidized, or fi- nanced, and none of its policies are determined by any foreign prin- cipal defined in section 1(b) hereof, or by any agent of a foreign principal required to register under this Act; (e) The term "government of a foreign country" includes any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country, other than the United States, or over any part of such country; and includes any subdivi- sion of any such group and any group or agency to which such sov- ereign de facto or de jure authority or functions are directly or in- directly delegated. Such term shall include any faction or body of insurgents within a country assuming to exercise governmental au- thority whether such faction or body of insurgents has,or has not been recognized by the United States; (f) The term "foreign political party" includes any organization or any other combination of individuals in a country other than the United States, or any unit or branch thereof, having for an aim or purpose, or which is engaged in any activity devoted in whole or in part to, the establishment, administration, control, or acquisition of administration or control, of a government of a foreign country Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I rvn ,un nucNTS REGISTRATION 265 or subdivision thereof, or the furtherance or influencing of the po- litical or public interests, policies, or relations of a government of a foreign country or a subdivision thereof; (g) The term "Public-relations counsel" includes any person who engages directly or indirectly in informing, advising, or in any way representing a principal in any public relations matter pertaining to political or public interests, policies, or relations of such princi- pal; (h) The term "publicity agent" includes any person who engages directly or indirectly in the publication or dissemination of oral, visual, graphic, written, or pictorial information or matter of any kind, including publication by means of advertising, books, periodi- cals, newspapers, lectures, broadcasts, motion pictures, or other- wise; (i) The 'term "information-service employee" includes any person who is engaged in furnishing, disseminating, or publishing ac- counts, descriptions, information, or data with respect to the politi- cal, industrial, employment, economic, social, cultural, or other benefits, advantages, facts, or conditions of any country other than the United States or of any government of a foreign country or of a foreign political party or of a partnership, association, corporation, organization, or other combination of individuals organized under the laws of, or having its principal place of business in, a foreign country; (j) The term -"political propaganda" includes any oral, visual, graphic, written, pictorial, or other communication or expression by any person (1) which is reasonably adapted to, or which the person disseminating the same believes will, or which he intends to, prevail upon, indoctrinate, convert, induce, or in any other way influence a recipient or any section of the public within the United States with reference to the political or public interests, policies, or relations of a government of a foreign country or a foreign political party or with reference to the foreign policies of the United States or promote in the United States racial, religious, or social dissen- sions, or (2) which advocates, advises, instigates, or promotes any racial, social, political, or religious disorder, civil riot, or other con- flict involving the use of force or violence in any other American republic or the overthrow of any government or political subdivi- sion of any other American republic by any means involving the use of force or violence. As used in this section 1(j) the term "dis- seminating" includes transmitting or causing to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce or offering or causing to be offered in the United States mails; (k) The term "registration statement" means the registration statement required to be. filed with the Attorney General under section 2(a) hereof, and any supplements thereto required to be filed under section 2(b) hereof, and includes all documents and papers required to be filed therewith or amendatory thereof or sup- plemental thereto, whether attached thereto or incorporated there- in by reference; (1) The term "American republic" includes any of the States which were signatory to the Final Act of the Second Meeting of the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 1 266 FOREIGN AGENTS REGISTRATION Ministers of Foreign Affairs of the American Republics at Habana, Cuba, July 30, 1940; (m) The term "United States," when used in a geographical sense includes the several States, the District of Columbia, the Territo- ries, the Canal Zone, the insular possessions, and all other places now or hereafter subject to the civil or military jurisdiction of the United States; (n) The term "prints" means newspapers and periodicals, books, pamphlets, sheet music, visiting cards, address cards, printing proofs, engravings, photographs, pictures, drawings, plans, maps, patterns to be cut out, catalogs, prospectuses, advertisements, and printed, engraved, lithographed, or autographed notices of various kinds, and, in general, all impressions or reproductions obtained on paper or other material assimilable to paper, on parchment or on cardboard, by means of printing, engraving, lithography, auto- graphy, or any other easily recognizable mechanical process, with the exception of the copying press, stamps with movable or immov- able type, and the typewriter; (o) The term "political activities" means the dissemination of po- litical propaganda and any other activity which the person engag- ing- therein believes will, or which he intends to, prevail upon, in- doctrinate, convert, induce, persuade, or in any other way influence any agency or official of the Government of the United States or any section of the public within the United States with reference to formulating, adopting, or changing the domestic or foreign policies of the United States or with reference to the political or public in- terests, policies, or relations of a government of a foreign country or a foreign political party; (p) The term "political consultant" means any person who en- gages in informing or advising any other person with reference to the domestic or foreign policies of the United States or the political or public interest, policies, or relations of a foreign country or of a foreign political party; (q) For the purpose of section (3)(d) hereof, activities in further- ance of the bona fide commercial, industrial or financial interests of a domestic person engaged in substantial commercial, industrial or financial operations in the United States shall not be deemed to serve predominantly a foreign interest because such activities also benefit the interests of a foreign person engaged in bona fide trade or commerce which is owned or controlled by, or which owns or controls, such domestic person: Provided, That (i) such foreign person is not, and such activities are not directly or indirectly su- pervised, directed, controlled, financed or subsidized in whole or in substantial part by, a government of a foreign country or a foreign political party, (ii) the identity of such foreign person is disclosed to the agency or official of the United States with whom such activi- ties are conducted, and (iii) whenever such foreign. person owns or controls such domestic person, such activities are substantially in furtherance of the bona fide commercial, industrial or financial in- terests of such domestic person. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I rvnriun nurvTS REGISTRATION 267 SEC. 2. [22 U.S.C. 612] (a) No person shall act as an agent of a foreign principal unless he has filed with the Attorney General a true and complete registration statement and supplements thereto as required by this section 2(a) and section 2(b) hereof or unless he is exempt from registration under the provisions of this Act. Except as hereinafter provided, every person who becomes an agent of a foreign principal shall, within ten days thereafter, file with the Attorney General, in duplicate, a registration statement, under oath on a form prescribed by the Attorney General. The obli- gation of an agent of a foreign principal to file a registration state- ment shall, after the tenth day of his becoming such agent, contin- ue from day to day, and termination of such status shall not relieve such agent from his obligation to file a registration statement for the period during which he was an agent of a foreign principal. The registration statement shall include the following which shall be regarded as material for the purposes of this Act: (1) Registrant's name, principal business address, and all other business addresses in the United States or elsewhere, and all residence addresses, if any; (2) Status of the registrant; if an individual, nationality; if a partnership, name, residence addresses, and nationality of each partner and a true and complete copy of its articles of copart- nership; if an - association, corporation, organization, or any other combination of individuals, the name, residence address- es, and nationality of each director and officer and of each person performing the functions of a director or officer and a true and complete copy of its charter, articles of incorporation, association, constitution, and bylaws, and amendments thereto; a copy of every other instrument or document and a statement of the terms and conditions of every oral agreement relating to its organization, powers, and purposes; and a statement of its ownership and control; (3) A comprehensive statement of the nature of registrant's business; a complete list of registrant's employees and a state- ment of the nature of the work of each; unless, and to the extent, this requirement is waived in writing by the Attorney General; the name and address of every foreign principal for whom the registrant is acting, assuming or purporting to act or has agreed to act; the character of the business or other ac- tivities of every such foreign principal, and, if any such foreign principal be other than a natural person, a statement of the ownership and control of each; and the extent, if any, to which each such foreign principal is supervised, directed, owned, con- trolled, financed, or subsidized, in whole or in part, by any gov- ernment of a foreign country or foreign political party, or by any other foreign principal; (4) Copies of each written agreement, and the terms and con- ditions of each oral agreement, including all modifications of such agreements, or, where no contract exists, a full statement of all the circumstances, by reason of which the registrant is an agent of a foreign principal; a comprehensive statement of the nature and method of performance of each such contract, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 Z63 FOREIGN AGENTS REGISTRATION and of the existing and proposed activity or activities engaged in or to be engaged in by the registrant as agent of a foreign principal for each such foreign principal, including a detailed statement of any such activity which is a political activity; (5) The nature and amount of contributions, income, money, or thing of value, if any, that the registrant has received within the preceding sixty days from each such foreign princi- pal, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom received; (6) A detailed statement of every activity which the regis- trant is performing or is assuming or purporting or has agreed to perform for himself or any other person other than a for- eign principal and which requires his registration hereunder, including a detailed statement of any such activity which is a political activity; (7) The name, business, and residence addresses, and if an in- dividual, the nationality, of any person other than a foreign principal for whom the registrant is acting, assuming or pur- porting to act or has agreed to act under such circumstances as require his registration hereunder; the extent to which each such person is supervised, directed, owned, controlled, fi- nanced, or subsidized, in whole or in part, by any government of a foreign country or foreign political party or by any other foreign principal; and the nature and amount of contributions, income, money, or thing of value, if any, that the registant has received during the preceding sixty days from each such person in connection with any of the activities referred to in clause (6) of this subsection, either as compensation or for dis- bursement or otherwise, and the form and time of each such payment and from whom received; (8) A detailed statement of the money and other things of value spent or disposed of by the registrant during the preced- ing sixty days in furtherance of or in connection with activities which require his registration hereunder and which have been undertaken by him either as a agent of a foreign principal or for himself or any other person or in connection with any ac- tivities relating to his becoming an agent of such principal, and a detailed statement of any contributions of money or other things of value made by him during the preceding sixty days (other than contributions the making of which is prohibited under the terms of section 613 of title 18, United States Code) in connection with an election to any political office or in con- nection with any primary election, convention, or caucus held to select candidates for any political office; (9) Copies of each written agreement and the terms and con- ditions of each oral agreement, including all modifications of such agreements, or, where no contract exists, a full statement of all the circumstances, by reason of which the registrant is performing or assuming or purporting or has ageed to perform for himself or for a foreign principal or for any person other than a foreign principal any activities which require his regis- tration hereunder; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 i MM UM AUNTS REGISTRATION 269 (10) Such other statements, information, or documents perti- nent to the purposes of this Act as the Attorney General, having due regard for the national security and the public in- terests, may from time to time require; (11) Such further statements and such further copies of docu- ments as are necessary to make the statements made in the registration statement and supplements thereto, and the copies of documents furnished therewith, not misleading. (b) Every agent of a foreign principal who has filed a registration statement required by section 2(a) hereof shall, within thirty days after the expiration of each period of six months succeeding such filing, file with the Attorney General a supplement thereto under oath, on a form prescribed by the Attorney General, which shall set forth with respect to such preceding six months' period such facts as the Attorney General, having due regard for the national security and the public interest, may deem necessary to make the information required under section 2 hereof accurate, complete, and current with respect to such period. In connection with the in- formation furnished under clauses (3), (4), and (9) of section 2(a) hereof, the registrant shall give notice to the Attorney General of any changes therein within ten days after such changes occur. If the Attorney General, having due regard for the national security and the public interest, determines that it is necessary to carry out the purposes of this Act, he may, in any particular case, require supplements to the registration statement to be filed at more fre- quent intervals in respect to all or particular items of information to be furnished. (c) The registration statement and supplements thereto shall be executed under oath as follows: If the registrant is an individual, by him; if the registrant is a partnership, by the majority of the members thereof; if the registrant is a person other than an indi- vidual or a partnership, by a majority of the officers thereof or per- sons performing the functions of officers or by a majority of the board of directors thereof or persons performing the functions of di- rectors, if any. (d) The fact that a registration statement or supplement thereto has been filed shall not necessarily be deemed a full compliance with this Act and the regulations thereunder on the part of the registrant; nor shall it indicate that the Attorney General has in any way passed upon the merits of such registration statement or supplement thereto; nor shall it preclude prosecution, as provided for in this Act, for willful failure to file a registration statement or supplement thereto when due or for a willful false statement of a material fact therein or the willful omission of a material fact re- quired to be stated therein or the willful omission of a material fact or copy of a material document necessary to make the state- ments made in a registration statement and supplements thereto, and the copies of documents furnished therewith, not misleading. (e) If any agent of a foreign principal, required to register under the provisions of this Act, has previously thereto registered with the Attorney General under the provisions of the Act of October 17, 1940 (54 Stat. 1201), the Attorney General, in order to eliminate inappropriate duplication, may permit the incorporation by refer- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 270 FOREIGN AGENTS REGISTRATION ence in the registration statement or supplements thereto filed hereunder of any information or documents previously filed by such agent of a foreign principal under the provisions of the Act of October 17, 1940 (54 Stat. 1201). (f) The Attorney General may, by regulation, provide for the ex- emption- (1) from registration, or from the requirement of furnishing any of the information required by this section, of any person who is listed as a partner, officer, director, or employee -in the registration statement filed by an agent of a foreign principal under this Act, and (2) from the requirement of furnishing any of the informa- tion required by this section of any agent of a foreign princi- pal, where by reason of the nature of the functions or activities of such person the Attorney General, having due regard for the national security and the public interest, determines that such registration, or the furnishing of such information, as the case may be, is not necessary to carry out the purposes of this Act. SEC. 3. [22 U.S.C. 613] The requirements of section 2(a) hereof shall not apply to the following agents of foreign principals: (a) A duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, while said officer is engaged exclusively in activities which are recog- nized by the Department of State as being within the scope of the functions of such officer; (b) Any official of a foreign government, if such government is recognized by the United States, who is not a public-relations coun- sel, publicity agent, information-service employee, or a citizen of the United States, whose name and status and the character of whose duties as such official are of public record in the Depart- ment of State, while said official is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such official; (c) Any member of the staff of, or any person employed by, a duly accredited diplomatic or consular officer of a foreign govern- ment who is so recognized by the Department of State, other than a public-relations counsel, publicity agent, or information-service employee, whose name and status and the character of whose duties as such member or employee are of public record in the De- partment of State, while said member or employee is engaged ex- clusively in the performance of activities which are recognized by the Department of State as being within the scope of the functions of such member or employee; (d) Any person engaging or agreeing to engage only (1) in private and nonpolitical activities in furtherance of the bona fide trade or commerce of such foreign principal; or (2) in other activities not serving predominantly a foreign interest; or (3) in the soliciting or collecting of funds and contributions within the United States to be used only for medical aid and assistance, or for food and clothing to relieve human suffering, if such solicitation or collection of funds Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 F unLIU1 nu'NTS REGISTRATION 271 and contributions is in accordance with and subject to the provi- sions of the Act of November 4, 1939, as amended (54 Stat. 4),' and such rules and regulations as may be prescribed thereunder; (e) Any person engaging or agreeing to engage only in activities in furtherance of bona fide religious, scholastic, academic, or scien- tific pursuits or of the fine arts; (f) Any person, or employee of such person, whose foreign princi- pal is a government of a foreign country the defense of which the President deems vital to the defense of the United States while, (1) such person or employee engages only in activities which are in furtherance of the policies, public interest, or national defense both of such government and of the Government of the United States, and are not intended to conflict with any of the domestic or foreign policies of the Government of the United States, (2) each communi- cation or expression by such person or employee which he intends to, or has reason to believe will, be published, disseminated, or cir- culated among any section of the public, or portion thereof, within the United States, is a part of such activities and is believed by such person to be truthful and accurate and the identity of such person as an agent of such foreign principal is disclosed therein, and (3) such government of a foreign country furnishes to the Sec- retary of State for transmittal to, and retention for the duration of this Act by, the Attorney General such information as to the iden- tity and activities of such person or employee at such times as the Attorney General may require. Upon notice to the Government of which such person is an agent or to such person or employee, the Attorney General, having due regard for the public interest and national defense, may, with the approval of the Secretary of State, and shall, at the request of the Secretary of State, terminate in whole or in part the exemption herein of any such person or em- ployee; (g) Any person qualified to practice law, insofar as he engages or agrees to engage in the legal representation of a disclosed foreign principal before any court of law or any agency of the Government of the United States: Provided, That for the purpose of this subsec- tion legal representation does not include attempts to influence or persuade agency personnel or officials other than in the course of established agency proceedings, whether formal or informal. FILING AND LABELING POLITICAL PROPAGANDA SEC. 4. [22 U.S.C. 614] (a) Every person within the United States who is an agent of a foreign principal and required to regis- ter under the provisions of this Act and who transmits or causes to be transmitted in the United States mails or by any means or in- strumentality of interstate or foreign commerce any political prop- aganda for or in the interests of such foreign principal (i) in the form of prints, or (ii) in any other form which is reasonably adapt- ed to being, or which he believes will be, or which he intends to be, disseminated or circulated among two or more persons shall, not later than forty-eight hours after the beginning of the transmittal thereof, file with the Attorney General two copies thereof and a Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 272 FOREIGN AGENTS REGISTRATION statement, duly signed by or on behalf of such agent, setting forth full information as to the places, times, and extent of such trans- mittal. (b) It shall be unlawful for any person within the United States who is an agent of a foreign principal and required to register under ? the provisions of this Act to transmit or cause to be trans- mitted in the United States mails or by any means or instrumen- tality of interstate or foreign commerce any political propaganda for or in the interests of such foreign principal (i) in the form of prints, or (ii) in any other form which is reasonably adapted to being, or which he believes will be, or which he intends to be, dis- seminated or circulated among two or more persons, unless such political propaganda is conspicuously marked at its beginning with, or prefaced or accompanied by, a true and accurate statement, in the language or languages used in such political propaganda, set- ting forth the relationship or connection between the person trans- mitting the political propaganda or causing it to be transmitted and such propaganda; that the person transmitting such political propaganda or causing it to be transmitted is registered under this Act with the Department of Justice, Washington, District of Colum- bia, as an agent of a foreign principal, together with the name and address of such agent of a foreign principal and of such foreign principal; that, as required by this Act, his registration statement is available for inspection at and copies of such political propagan- da are being filed with the Department of Justice; and that regis- tration of agents of foreign principals required by the Act does not indicate approval by the United States Government of the contents of their political propaganda. The Attorney General, having due regard for the national security and the public interest, may by regulation prescribe the language or languages and the manner and form in which such statement shall be made and require the inclusion of such other information contained in the registration statement identifying such agent of a foreign principal and such political propaganda and its sources as may be appropriate. (c) The copies of political propaganda required by this Act to be filed with the Attorney General shall be available for public inspec- tion under such regulations as he may prescribe. (d) For purposes of the Library of Congress, other than for public distribution, the Secretary of the Treasury and the Postmaster General are authorized, upon the request of the Librarian of Con- gress, to forward to the Library of Congress fifty copies, or as many fewer thereof as are available, of all foreign prints determined to be prohibited entry under the provisions of section 305 of title III of the Act of June 17, 1930 (46 Stat. 688), and of all foreign prints ex- cluded from the mails under authority of section 1 of title XII of the Act of June 15, 1917 (40 Stat. 230). Notwithstanding the provisions of section 305 of title III of the Act of June 17, 1930 (46 Stat. 688), and of section 1 of title XII of the Act of June 15, 1917 (40 Stat. 230), the Secretary of the Treas- ury is authorized to permit the entry and the Postmaster General is authorized to permit the transmittal in the mails of foreign prints imported for governmental purposes by authority or for the use of the United States or for the use of the Library of Congress. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I rui tiun HutrTS REGISTRATION 273 (e) It shall be unlawful for any person within the United States who is an agent of a foreign principal required to register `under the provisions of this Act to transmit, convey, or otherwise furnish to any agency or official of the Government (including a Member or committee of either House of Congress) for or in the interests of such foreign principal any political propaganda or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter per- taining to the political or public interests, policies or relations of a foreign country or of a political party or pertaining to the foreign or domestic policies of the United States unless the propaganda or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as an agent of such foreign principal under this Act. (f) Whenever any agent of a foreign principal required to register under this Act appears before any committee of Congress to testify for or in the interests of such foreign principal, he shall, at the time of such appearance, furnish the committee with a copy of his .most recent registration statement filed with the Department of Justice as an agent of such foreign principal for inclusion in the records of the committee as part of his testimony. SEC. 5. [22 U.S.C. 615] Every agent of a foreign principal regis- tered under this Act shall keep and preserve while he is an agent of a foreign principal such books of account and other records with respect to all his activities, the disclosure of which is required under the provisions of this Act, in accordance with such business and accounting practices, as the Attorney General having due regard for the national security and the public interest, may by regulation prescribe as necessary or appropriate for the enforce- ment of the provisions of this Act and shall preserve the same for a period of three years following the termination of such status. Until regulations are in effect under this section every agent of a foreign principal shall keep books of account and shall preserve all written records with respect to his activities. Such books and records shall be open at all reasonable times to the inspection of any official charged with the enforcement of this Act. It shall be unlawful for any person willfully to conceal, destroy, obliterate, mutilate, or falsify, or to attempt to conceal, destroy, obliterate, mutilate, or falsify, or to cause to be concealed, destroyed, obliterat- ed, mutilated, or falsified, any books or records required to be kept under the provisions of this section. SEC. 6. [22 U.S.C. 616] The Attorney General shall retain in permanent form one copy of all registration statements and all statements concerning the distribution of political propaganda fur- nished under this Act, and the same shall be public records and open to public examination and inspection at such reasonable hours, under such regulations, as the Attorney General may pre- scribe, and copies of the same shall be furnished to every applicant at such reasonable fee as the Attorney General may prescribe. The Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 Z74 FOREIGN AGENTS REGISTRATION Attorney General may withdraw from public examination the reg- istration statement and other statement of any agent of a foreign principal whose activities have ceased to be of a character which requires registration under the provisions of this Act. (b) The Attorney General shall, promptly upon receipt, transmit one copy of every registration statement filed hereunder and one copy of every amendment or supplement thereto, and one copy of every item of political propaganda filed hereunder to the Secretary of State for such comment and use as the Secretary of State may determine to be appropriate from the point of view of the foreign relations of the United States. Failure of the Attorney General so to transmit such copy shall not be a bar to prosecution under this Act. (c) The Attorney General is authorized to furnish to departments and agencies in the executive branch and committees of the Con- gress such information obtained by him in the administration of this Act, including the names of registrants under this Act, copies of registration statements, or parts thereof, copies of political prop- aganda, or other documents or information filed under this Act, as may be appropriate in the light of the purposes of this Act. [LIABILITY OF OFFICERS] 1 SEC. 7. [22 U.S.C. 617] Each officer, or person performing the functions of an officer, and each director or person performing the functions of.a director, of an agent of a foreign principal which is not an individual shall be under obligation to cause such agent to execute and file a registration statement and supplements thereto as and when such filing is required under sections 2(a) and 2(b) hereof and shall also be under obligation to cause such agent to comply with all the requirements of sections 4(a), 4(b), and 5 and all other requirements of this Act. Dissolution of any organization acting as an agent of a foreign- principal shall not relieve any offi- cer, or person performing the functions of an officer, or any direc- tor, or person performing the functions of a director, from comply- ing with the provisions of this section. In case of failure of any such agent of a foreign principal to comply with any of the require- ments of this Act, each of its officers, or persons performing the functions of officers, and each of its directors, or persons perform- ing the functions of directors, shall be subject to prosecution there- for. ENFORCEMENT AND PENALTIES SEC. 8. [22 U.S.C. 618] (a) Any person who- (1) willfully violates any provisions of this Act or any regula- tions thereunder, or (2) in any registration statement or supplement thereto or in any statement under section 4(a) hereof concerning the distri- bution of political propaganda or in any other documents filed with or furnished to the Attorney General under the provi- sions of this Act willfully makes a false statement of a materi- I Section heading was omitted in the restatement of section 7 by section 2 of the Act of August 3, 1950 (64 Stat. 400). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0I\TS REGISTRATION 275 I VI\LIMI\ IIML al fact or willfully omits any material fact required to be stated therein or willfully omits a material fact or a copy of a material document necessary to make the statements therein and the copies of documents furnished therewith not mislead- ing, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both, except that in case of a violation of subsection (b), (e), or (f) of section 4 or of subsection (g) or (h) of this sec- tion the punishment shall be a fine of not more than $5,000 or imprisonment for not more than six months, or both. (b) In any proceeding under this Act in which it is charged that a person is an agent of a foreign principal with respect to a foreign principal outside of the United States, proof of the specific identity of the foreign principal shall be permissible but not necessary. (c) Any alien who shall be convicted of a violation of, or a con- spiracy to violate, any provisions of this Act or any regulation thereunder shall be subject to deportation in the manner provided by sections 241, 242, and 243 of the Immigration and Nationality Act [8 U.S.C.1251-1253]. (d) The Postmaster General may declare to be nonmailable any communication or expression falling within clause (2) of section 1(j) hereof in the form of prints or in any other form reasonably adapt- ed to, or reasonably appearing to be intended for, dissemination or circulation among two or more persons, which is offered or caused to be offered for transmittal in the United States mails to any person or persons in any other American republic by any agent of a foreign principal, if the Postmaster General is informed in writ- ing by the Secretary of State that the duly accredited diplomatic representative of such American republic has made written repre- sentation to the Department of State that the admission or circula- tion of such communication or expression in such American repub- lic is prohibited by the laws thereof and has requested in writing that its transmittal thereto be stopped. (e) Failure to file any such registration statement or supplements thereto as is required by either section 2(a) or section 2(b) shall be considered a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary. U) Whenever in the judgment of the Attorney General any person is engaged in or about to engage in any acts which consti- tute or will constitute a violation of any provision of this Act, or regulations issued thereunder, or whenever any agent of a foreign principal fails to comply with any of the provisions of this Act or the regulations issued thereunder, or otherwise is in violation of the Act, the Attorney General may make application to the appro- priate United States district court for an order enjoining such acts or enjoining such person from continuing to act as an agent of such foreign principal, or for an order requiring compliance with any ap- propriate provision of the Act or regulation thereunder. The dis- trict court shall have jurisdiction and authority to issue a tempo- rary or permanent injunction, restraining order or such other order which it may deem proper. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 Lib ruItiiN AUNTS REGISTRATION (g) If the Attorney General determines that a registration state- ment does not comply with the requirements of this Act or the reg- ulations issued thereunder, he shall so notify the registrant in writ- ing, specifying in what respects the statement is deficient. It shall be unlawful for any person to act as an agent of a foreign principal at any time ten days or more after receipt of such notification without filing an amended registration statement in full compli- ance with the requirements of this Act and the regulations issued thereunder. (h) It shall be unlawful for any agent of a foreign principal re- quired to register under this Act to be a party to any contract, agreement, or understanding, either expressed or implied, with such foreign principal pursuant to which the amount or payment of the compensation, fee, or other remuneration of such agent is contingent in whole or in part upon the success of any political ac- tivities carried on by such agent. SEC. 9. [22 U.S.C. 619] This Act shall be applicable in the sever- al States, the District of Columbia, the Territories, the Canal Zone, the insular possessions, and all other places now or hereafter sub- ject to the civil or military jurisdiction of the United States. SEC. 10. [22 U.S.C. 620] The Attorney General may at any time make, prescribe, amend, and rescind such rules, regulations, and forms as he may deem necessary to carry out the provisions of this Act. SEC. 11. [22 U.S.C. 621] The Attorney General shall, from time to time, make a report to the Congress concerning the administra- tion of this Act, including the nature, sources, and content of politi- cal propaganda disseminated or distributed. SEC. 12. [22 U.S.C. 611 note] If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. SEC. 13. [22 U.S.C. 611 note][ This Act is in addition to and not in substitution for any other existing statute. SEC. 14. [22 U.S.C. 611 note] This Act may be cited as the "For- eign Agents Registration Act of 1938, as amended." Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ACT OF AUGUST 1, 1956 (REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN ESPIONAGE SYSTEMS) AN ACT To require the registration of certain persons who have knowledge of or have received instruction or assignment in the espionage, counterespionage, or sabotage service or tactics of a foreign government or foreign political party, and for other purposes. . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [The first section consisted of an amendment to the Internal Se- curity Act of 1950.] SEC. 2. [50 U.S.C. 851] Except as provided in section 3 of this Act, every person who has knowledge of, or has received instruc- tion or assignment in, the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a for- eign political party, shall register with the Attorney General by filing with the Attorney General a registration statement in dupli- cate, under oath, prepared and filed in such manner and form, and containing such statements, information, or documents pertinent to the purposes and objectives of this Act as the Attorney General, having due regard for the national security and the public interest, by regulations prescribes. SEC. 3. [50 U.S.C. 852] The registration requirements of section 2 of this Act do not apply to any person- (a) who has obtained knowledge of or received instruction or assignment in the espionage, counterespionage, or sabotage service or tactics of a foreign government or foreign political party by reason of civilian, military, or police service or em- ployment with the United States Government, the govern- ments of the several States, their political subdivisions, the District of Columbia, the Territories, or the Canal Zone; (b) who has obtained such knowledge solely by reason of aca- demic or personal interest not under the supervision of or in preparation for service with the government of a foreign coun- try or a foreign political party; (c) who has made full disclosure of such knowledge, instruc- tion, or assignment to officials within an agency of the United States Government having responsibilities in the field of intel- ligence, which disclosure has been made a matter of record in the files of such agency, and concerning whom a written deter- mination has been made by the Attorney General or the Direc- tor of Central Intelligence that registration would not be in the interest of national security; (d) whose knowledge of, or receipt of instruction or assign- ment in, the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, is a matter of record in the files of an agency of the United States Government having responsibilities in the 277 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 278 FOREIGN ESPIONAGE SYSTEMS field of intelligence and concerning whom a written determina- tion is made by the Attorney General or the Director of Cen- tral Intelligence, based on all information available, that regis- tration would not be in the interest of national security; (e) who is a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State, while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such officer, and any member of his immediate family who resides with him; (f) who is an official of a foreign government recognized by the United States, whose name and status and the character of :,whose duties as such official are of record in the Department of State, and while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such official, and any member of his immediate family who resides with him; (g) who is a member of the staff of or employed by a duly accredited diplomatic or consular officer of a foreign govern- ment who is so recognized by the Department of State, and whose name and status and the character of whose duties as such member or employee are a matter of record in the De- partment of State, while he is engaged exclusively in the per- formance of activities recognized by the Department of State as being within the scope of the functions of such member or employee; (h) who is an officially acknowledged and sponsored repre- sentative of a foreign government and is in the United States on an official mission for the purpose of conferring or other- wise cooperating- with United States intelligence or security personnel; (i) who is a civilian or one of the military personnel of a for- eign armed service coming to the United States pursuant to ar- rangements made under a mutual defense treaty or agree- ment, or who has been invited to the United States at the re- quest of an agency of the United States Government; or (j) who is a person designated by a foreign government to serve as its representative in or to an international organiza- tion in which the United States participates or is an officer or employee of such an organization or who is a member of the immediate family of, and resides with, such a representative, officer, or employee. SEC. 4. [50 U.S.C. 853] The Attorney.-General shall retain in permanent form one copy of all registration statements filed under this Act. They shall be public records and open to public examina- tion at such reasonable hours and under such regulations as the Attorney General prescribes, except that the Attorney General, having due regard for the national security and public interest, may withdraw any registration statement from public examination. SEC. 5. [50 U.S.C. 854] The Attorney General may at any time, make, prescribe, amend, and rescind such rules, regulations, and forms as he deems necessary to carry out the provisions of this Act. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I runtiuiv tariONAGE SYSTEMS 279 SEC. 6. [50 U.S.C. 855] (a) Whoever willfully violates any provi- sion of this Act or any regulation thereunder, or in any registra- tion statement willfully make a false statement of a material- fact or willfully omits any material fact, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. (b) Any alien convicted of a violation of this Act or any regula- tion thereunder is subject to deportation in the manner provided by chapter 5, title II, of the Immigration and Nationality Act (66 Stat. 163). SEC. 7. [50 U.S.C. 856] Failure to file a registration statement as required by this Act is a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary. SEC. 8. [50 U.S.C. 857] Compliance with the registration provi- sions of this Act does not relieve any person from compliance with any other applicable registration statute. SEC. 9. [50 U.S.C. 851 note] If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, is not affected thereby. SEC. 10. [50 U.S.C. 858] This Act applies to and within the Canal Zone. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 D.-IMMIGRATION LAWS SELECTED PROVISIONS -OF THE IMMIGRATION AND NATIONALITY ACT Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, di- vided . into titles, chapters, and sections according to the following table of contents, may be cited as the "Immigration and National- ity Act" [8 U.S.C. 1101 note]. SECTION 101. 18 U.S.C. 1101] (a) As used in this Act- (1) The term "administrator" means the Assistant Secretary of State for Consular Affairs. (2) The term "advocates" includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term "alien" means any person not a citizen or national of the United States. (4) The term "`application for admission" has reference to the ap- plication for admission into the United States and not to the appli- cation for the issuance of an immigrant or nonimmigrant visa. (40) The term "world communism" means a revolutionary move- ment, the purpose of which is to establish eventually a Communist totalitarian dictatorship in any or all the countries of the world through the medium of an. internationally coordinated Communist political movement. (42) The term "refugee" means (A) any person who.is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protec- tion of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such cir- cumstances as the President after appropriate consultation (as de- fined in section 207(e) of this Act) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 [ac immiGNATION LAWS well-founded fear of persecution on account of race, religion, na- tionality, membership in a particular social group, or political opin- ion. The term "refugee" does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (e) For the purpose of this Act- (1) The giving, loaning, or promising of support or of money or any other thing of value to be used for advocating any doctrine shall constitute the advocating of such doctrine; but nothing in this paragraph shall be construed as an exclusive definition of advocat- ing. (2) The giving, loaning or promising of support or of money or any other thing of value for any purpose to any organization shall be presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive definition of affili- ation. Advocating the economic, international, and governmental doc- trines of world communism means advocating the establishment of a totalitarian Communist dictatorship in any or all of the countries of the world through the medium of an internationally coordinated Communist movement. APPLICABILITY OF TITLE II TO CERTAIN NONIMMIGRANTS SEC. 102. [8 U.S.C. 1102] Except as otherwise provided. in this Act, for so long as they continue in the nonimmigrant classes' enu- merated in this section, the provisions of this Act relating to ineli- gibility to receive visas and the exclusion or deportation of aliens shall not be construed to apply to nonimmigrants- (1) within the class described in paragraph (15)(A)(i) of sec- tion 101(a), except those provisions relating to reasonable re quirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(A)(i), and, under such rules and reg- ulations as the President may deem to be necessary, the provi- sions of paragraph (27) of section 212(a); (2) within the class de- scribed in paragraph (15)(G)(i) of section 101(a), except those provisions relating to reasonable requirements of passports and ? visas as a means of identification and documenta[t]ion neces- sary to establish their qualifications under such paragraph (15)(G)(i), and the provisions of paragraph (27) of section 212(a); and (3) within the classes described in paragraphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 101(a), except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of paragraphs (27) and (29) of section 212(a). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001u0 rION LAWS 283 SEC. 105. [8 U.S.C. 1105] The Commissioner and the Assistant Secretary of State for Consular Affairs shall have authority to maintain direct and continuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intelligence Agency and with other internal security officers of the Government for the purpose of obtaining and exchanging information for use in enforcing the provisions of this Act in the interest of the internal security of the United States. The Commissioner and the Assistant Secretary of State for Consular Affairs shall maintain direct and continuous liaison with each other with a view to a coordinated, uniform, and efficient administration of this Act, and all other im- migration and nationality laws. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF EMERGENCY SITUATION REFUGEES SEC. 207. [8 U.S.C. 1157] (a) * * * * * * * * * (c)(1) Subject to the numerical limitations established pursuant to subsections (a) and (b), the Attorney General may, in the Attorney General's discretion and pursuant to such regulations as the Attor- ney General may prescribe, admit any refugee who is not firmly resettled in any foreign country, is determined to be of special hu- manitarian concern to the United States, and is admissible (except as otherwise provided under paragraph (3)) as an immigrant under this Act. (3) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) of section 212(a) shall not be applicable to any alien seeking admis- sion to the United States under this subsection, and the Attorney General may waive any other provision of such section (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Attor- ney General shall be in writing and shall be granted only on an individual basis following an investigation. The Attorney General shall provide for the annual reporting to Congress of the number of waivers granted under this paragraph in the previous fiscal year and a summary of the reasons for granting such waivers. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 LO' ImmiuK/%TION LAWS CHAPTER 2-QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL CONTROL OF CITIZENS AND ALIENS GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION; WAIVERS OF INADMISSIBILITY SEC. 212. [8 U.S.C. 1182] (a) Except as otherwise provided in this Act,' the following classes of aliens shall be ineligible to re- ceive visas and shall be excluded from admission into the United States: (1) * * * * * * * * * * (27) 2 Aliens who the consular officer or the Attorney General knows or has reason to believe seek to enter the United States solely, principally, or incidentally to engage in activities which would be prejudicial to the public interest, or endanger the welfare, safety, or security of the United States; (28) 3 Aliens who are, or at any time have been, members of any of the following classes: (A) Aliens who are anarchists: (B) Aliens who advocate or teach, or who are members of or affiliated with any organization that advocates or teaches, op- position to all organized government; (C) 4 Aliens who are members of or affiliated with (i) the Communist Party of the United States, (ii) any other totalitar- I Section 7 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403(h) provides as follows: SEC. 7. Whenever the Director [of Central Intelligence], the Attorney General, and Commis- sioner of Immigration [and Naturalization] shall determine that the entry of a particular alien into the United States for permanent residence is in the interest of national security or essen- tial to the furtherance of the national intelligence mission, such alien and his immediate family shall be given entry into the United States for permanent residence without regard to their in- admissibility under the Immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility: Provided, That the number of aliens and members of their immediate families entering the United States under the author- ity of this section shall in no case exceed one hundred persons in any one fiscal year. 2 Section 4 of the Atomic Weapons and Special Nuclear Materials Rewards Act (50 U.S.C. 47c) provides as follows: SEC. 4. If the information leading to an award under section 3 [viz., concerning illegal intro- duction, manufacture, acquisition, and export of special nuclear material or atomic weapons or conspiracies related thereto] is furnished by an alien, the Secretary of State, the Attorney Gen- eral, and the Director of Central Intelligence, acting jointly, may determine that the entry of such alien into the United States is in the public interest and, in that event, such alien and the members of his immediate family may receive immigrant visas and may be admitted to the United States for permanent residence, notwithstanding the requirements of the Immigration and Nationality Act. 2 Title IV of the Intelligence and Intelligence-related Activities Authorization Act for Fiscal Year 1979 (Pub. L. 95-370, Sept. 17, 1978, 92 Stat. 627) provides as follows: TITLE IV-ADMISSION OF CERTAIN EXCLUDABLE ALIENS SEC. 401. By October 30, 1979, the Attorney General shall report to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate regarding those cases during the period beginning on October 1, 1978, and ending on September 30, 1979, in which (1) the Director of the Federal Bureau of Investigation has notified the Attor- ney General that the Director knows or has reason to believe that an alien applying for admis- sion into the United States is an excludable alien under the terms of section 212(a) (27), (28), or (29) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), and (2) such alien is subsequently admitted into the United States. 4 See the so-called McGovern amendment, post at page 303. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R0003005800010 ,1TION LAWS 285 ^ ........ - ian party of the United States, (iii) the Commuist Political As- sociation, (iv) the Communist or any other totalitarian party of any State of the United States of any foreign state or of any political or geographical subdivision of any foreign state, (v) any section, subsidiary, branch, affilate, or subdivision of any such association or party, or (vi) the direct predecessors or suc- cessors of any association of party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt: Provided, That nothing in this para- graph, or in any other provision of this Act, shall be construed as declaring that the Communist Party does not advocate the overthrow of the Government of the United States by force, vi- olence, or other unconstitutional means; (D) Aliens not within any of the other provisions of this paragraph who advocate the economic, international, and gov- ernmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who are members of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterances or through any written or printed publications issued or pub- lished by or with the permission or consent of or under the au- thority of such organization or paid for by the funds of, or funds furnished by, such organization; (E) Aliens not within any of the other provisions of this para- graph, who are members of or affiliated with any organization during the time it is registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950,1 unless such aliens establish that they did not have knowledge or reason to believe at the time they became mem- bers of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist organization; (F) Aliens who advocate or teach or who are members of or affiliated with any organization that advocates or teaches (i) the overthrow by force, violence, or other unconstitutional means of the Government of the United States or of all forms of law; or (ii) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (iii) the unlawful damage, injury, or destruction of property; or (iv) sabotage; (G) Aliens who write or publish, or cause to be written or published, or who knowingly circulate, distribute, print, or dis- play, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their posses- I Section 7 of the Subversive Activities Control Act of 1950 (50 U.S.C. 786) was repealed by the Act of Jan. 2, 1968 (81 Stat. 766). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : C IA- R D P90-00530 R000300580001 -0 itatm'ION LAWS sion for the purpose of circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized government, or advocating or teach- ing (i) the overthrow by force, violence, or other unconstitu- tional means of the Government of the United States or of all forms of law; or (ii) the duty, necessity, or propriety of the un- lawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, be- cause of his or their official character; or (iii) the unlawful damage, injury, or destruction of property; or (iv) sabotage; or (v) the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship; (H) Aliens who are members of or affiliated with any organi- zation that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, print- ed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or dis- play, any written or printed matter of the character described in paragraph (G); (I) Any alien who is within any of the classes described in subparagraphs (B), (C), (D), (E), (F), (G), and (H) of this para- graph because of membership in or affiliation with a party or organization or a section, subsidiary, branch, affiliate, or subdi- vision thereof, may, if not otherwise ineligible, be issued a visa if such alien establishes to the satisfaction of the consular offi- cer when applying .for a visa and the consular officer finds that (i) such membership or affiliation is or was involuntary, or is or was solely when under sixteen years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such pur- poses, or (ii)(a) since the termination of such membership or af- filiation, such alien is and has been, for at least five years prior to the date of the application for a visa, actively opposed to the doctrine, program, principles, and ideology of such party or organization or the section, subsidiary, branch, or affiliate or subdivision thereof, and (b) the admission of such alien into the United States would be in the public interest. Any such alien to whom a visa has been issued under the provisions of this subparagraph may, if not otherwise inadmissible, be ad- mitted into the United States if he shall establish to the satis- faction of the Attorney General when applying for admission to the United States and the Attorney General finds that (i) such membership or affiliation is or was involuntary, or is or was solely when under sixteen years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and when necessary for such pur- poses, or (ii)(a) since the termination of such membership or af- filiation, such alien. is and has been, for at least five years prior to the date of the application for admission actively op- posed to the doctrine, program, principles, and ideology of such party or organization or the section, subsidiary, branch, or af- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 TION LAWS 287 filiate or subdivision thereof, and (b) the admission of such alien into the United States would be in the public interest. The Attorney General shall promptly make a detailed report to the Congress in the case of each alien who is or shall be ad- mitted into the United States under (ii) of this subparagraph; (29) Aliens with respect to whom the consular officer or the At- torney General knows or has reasonable ground to believe probably would, after entry, (A) engage in activities which would be prohibit- ed by the laws of the United States relating to espionage, sabotage, public disorder, or in other activity subversive to the national secu- rity, (B) engage in any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States, by force, violence, or other unconstitutional means, or (C) join, affiliate with, or participate in the activities of any organiza- tion which is registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950;1 (33) Any alien who during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in asso- ciation with- (A) the Nazi government in Germany, (B) any government in any area occupied by the military forces of the Nazi government of Germany, (C) any government established with the assistance or coop- eration of the Nazi government of Germany, or (D) any government which was an ally of the Nazi govern- ment of Germany, ordered, incited, assisted, or otherwise participated in the persecu- tion of any person because of race, religion, national origin, or po- litical opinion. (d)(1) * * * (2) The provisions of paragraph (28) of subsection (a) of this sec- tion shall not be applicable to any alien who is seeking to enter the United States temporarily as a nonimmigrant under paragraph (15)(A)(iii) or (15)(G)(v) of section 101(a). (3) Except as provided in this subsection,2 an alien (A) who is ap- plying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under one or more of the paragraphs enumerated in subsection (a) (other than para- graphs (27), (29), and (33)), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (B) who is inadmissible under one or more of the paragraphs enumerated in subsection (a) (other than paragraphs (27), (29), and (33)), but who is in possession of appropri- ate documents or is granted a waiver thereof and is seeking admis- 'Section 7 of the Subversive Activities Control Act of 1950 (50 U.S.C. 786) was repealed by the Act of Jan. 2, 1968 (81 Stat. 766). 2 See the so-called McGovern amendment, post at page 303. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 rION LAWS Sion, may be admitted into the United States temporarily as a non- immigrant in the discretion of the Attorney General. * * * * (6) The Attorney General shall prescribe conditions, including ex- action of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for tempo- rary admission under this subsection. (8) Upon a basis of reciprocity accredited officials of foreign gov- ernments, their immediate families, attendants, servants, and per- sonal employees may be admitted in immediate and continuous transit through the United States without regard to the provisions of this section except paragraphs (26), (27), and (29) of subsection (a) of this section. TRAVEL DOCUMENTATION OF ALIENS AND CITIZENS SEC. 215. [8 U.S.C. 1185] (a) Unless otherwise ordered by the President, it shall be unlawful- (1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe; (2) for any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this section. (3) for any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another; (4) for any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of per- mission to depart or enter not issued and designed for such other person's use; (5) for any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use; (6) for any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or al- tered, any permit or evidence of permission to depart from or enter the United States; (7) for any person knowingly to use or attempt to use or fur- nish to another for use any false, forged, counterfeited, muti- lated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 IMMIIit(AIION LAWS 289 SEC. 222. [8 U.S.C. 1202] (a) * * * * * * * (f)1 The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be con- sidered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, except that in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the informa- tion contained in such records is needed by the court in the inter- est of the ends of justice in a case pending before the court. CHAPTER 4-PROVISIONS RELATING TO ENTRY AND EXCLUSION INSPECTION BY IMMIGRATION OFFICERS SEC. 235. [8 U.S.C. 1225] (a) * * * * * * * (c) Any alien (including an alien crewman) who may appear to the examining immigration officer or to the special inquiry officer during the examination before either of such officers to be excluda- ble under paragraph (27), (28), or (29) of section 212(a) shall be tem- porarily excluded, and no further inquiry by a special inquiry offi- cer shall be conducted until after the case is reported to the Attor- ney General together with any such written statement and accom- panying information, if any, as the alien or his representative may desire to submit in connection therewith and such an inquiry or further inquiry is directed by the Attorney General. If the Attor- ney General is satisfied that the alien is excludable under any of such paragraphs on the basis of information of a confidential nature, the disclosure of which the Attorney General, in the exer- cise of his discretion, and after consultation with the appropriate security agencies of the Government, concludes would be prejudi- cial to the public interest, safety, or security, he may in his discre- tion order such alien to be excluded and deported without any in- quiry or further inquiry by a special inquiry officer. Nothing in this subsection shall be regarded as requiring an inquiry before a special inquiry officer in the case of an alien crewman. 1 The Department of State has cited this provision as the basis for the exemption of visa records from disclosure under section 552(b)(3) of title 5, United States Code (popularly known as the Freedom of Information Act). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 rniirnurATION LAWS CHAPTER 5-DEPORTATION; ADJUSTMENT OF STATUS GENERAL CLASSES OF DEPORTABLE ALIENS SEC. 241. [8 U.S.C. 1251] (a) Any alien in the United States (in- cluding an alien crewman) shall, upon the order of the Attorney General, be deported who- (1) * * * * * * * * * * (5) has failed to comply with the provisions of section 265 unless he establishes to the satisfaction of the Attorney Gener- al that such failure was reasonably excusable or was not will- ful, or has been convicted under section 266(c) of this title, or under section 36(c) of the Alien Registration Act, 1940,1 or has been convicted of violating or conspiracy to violate any provi- sion of the Act entitled "An Act to require the registration of certain persons employed by agencies to disseminate propagan- da in the United States, and for other purposes", approved June 8, 1938, as amended 2 [22 U.S.C 618(c)], or has been con- victed under section 1456 of title 18 of the United States Code; (6) is or at any time has been, after entry, a member of any of the following classes of aliens: (A) Aliens who are anarchists; (B) Aliens who advocate or teach, or who are members of or affiliated with any organization that advocates or teach- es, opposition to all organized government; (C) Aliens who are members of or affiliated with (i) the Communist Party of the United States; (ii) any other to- talitarian party of the United States; (iii) the.Communist Political Association; (iv) the Communist or any other to- talitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivi- sion of any foreign state; (v) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (vi) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt: Provided, That nothing in this para- graph, or in any other provision of this Act, shall be con- strued as declaring that the Communist Party does not ad- vocate the overthrow of the Government of the United States by force, violence, or. other unconstitutional means; (D) Aliens not within any of the other provisions of this paragraph who advocate the economic, international, and governmental doctrines of world communism or the estab- lishment in the United States of a totalitarian dictator- ship, or who are members of or affiliated with any organi- zation that advocates the economic, international, and gov- ernmental doctrines of world communism or the establish- ment in the United States of a totalitarian dictatorship, ' Section 36 of the Alien Registration Act, 1940 (8 U.S.C. 457) was repealed by the Act of June 27, 1952 (66 Stat. 280). 2 The cited Act is set out ante at page 263. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I immiur iTION LAWS 291 either through its own utterances or through any written or printed publications issued or published by or with the permission or consent of or under the authority of such or- ganization or paid for by the funds of, or funds furnished by, such organization; (E) Aliens not within any of the other provisions of this paragraph, who are members of or affiliated with any or- ganization during the time it is registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950, unless such aliens establish that they did not have knowledge or reason to believe at the time they became members of or affiliated with such an organi- zation (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist organization; (F) Aliens who advocate or teach or who are members of or affiliated with any organization that advocates or teach- es (i) the overthrow by force, violence, or other unconstitu- tional means of the Government of the United States or of all forms of law; or (ii) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (iii) the unlawful damage, injury, or destruction of proper- ty; or (iv) sabotage; (G) Aliens who write or publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, publication, distribution, or display, any written or printed matter, ad- vocating or teaching opposition to all organized govern- ment, or advocating or teaching (i) the overthrow by force, violence, or other unconstitutional means of the Govern- ment of the United States or of all forms of law; or (ii) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individ- uals or of officers generally) of the Government of the United States or of any other organized government, be- cause of his or their official character; or (iii) the unlawful damage, injury, or destruction of property; or (iv) sabotage; or (v) the economic, international, and governmental doc- trines of world communism or the establishment in the United States of a totalitarian dictatorship; (H) Aliens who are members of or affiliated with any or- ganization that writes, circulates, distributes, prints, pub- lishes, or displays, or causes to be written, circulated, dis- tributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, pub- lication, issue, or display, any written or printed matter of the character described in paragraph (G); Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 immibRATION LAWS (7) is engaged, or at any time after entry has engaged, or at any time after entry has had a purpose to engage, in any of the activities described in paragraph (27) or (29) of section 212(a), unless the Attorney General is satisfied, in the case of any alien within category (C) of paragraph (29) of such section, that such alien did not have knowledge or reason to believe at the time such alien became a member of, affiliated with, or participated in the activities of the organization (and did not thereafter and prior to the date upon which such organization was registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950 1 have such knowledge or reason to believe) that such organization was a Communist organization; * * * * (15) at any time within five years after entry, shall have been convicted of violating the provisions of title I of the Alien Registration Act, 1940 [18 U.S.C. 2385, 2387]; a (16) at any time after entry, shall have been convicted more than once of violating the provisions of title I of the Alien Reg- istration Act, 1940; or (17) the Attorney General finds to be an undesirable resident of the United States by reason of any of the following, to wit: has been or may hereafter be convicted of any violation or con- spiracy to violate any of the following Acts or parts of Acts or any amendment thereto, the judgment on such conviction having become final, namely; an act entitled "An Act to punish acts of interference with the foreign relations, the neu- trality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes", approved June 15, 1917, or the amendment thereof approved May 16, 1918; sec- tions 791, 792, 793, 794, 2388, and 3241, title 18, United States Code; and Act entitled "An Act to prohibit the manufacture, distribution, storage, use, and possession in time of war of ex- plosives, providing regulations for the safe manufacture, distri- bution, storage, use, and possession of the same, and for other purposes", approved October 6, 1917 [50 U.S.C. 121-143]; an Act entitled "An Act to prevent in time of war departure from and entry into the United States contrary to the public safety", approved May 22, 1918 [22 U.S.C. 223-226b]; section 215 of this Act [8 U.S.C. 1185]; an Act entitled "An Act to punish the willful injury or destruction of war material or of war premises or utilities used in connection with war material, and for other purposes", approved April 20, 1918 [50 U.S.C. 101-106]; sections 2151, 2153, 2154, 2155, and 2156 of title 18, United States Code; an Act entitled "An Act to authorize the President to increase temporarily the Military establishment of the United States", approved May 18, 1917, or any amend- ment thereof or supplement thereto [50 U.S.C. App. 201-211]; the Selective Training and Service Act of 1940 [50 U.S.C. App. ' Section 7 of the Subversive Activities Control Act of 1950 (50 U.S.C. 786) was repealed by the Act of Jan. 2, 1968 (81 Stat. 766). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 nnin?unriTION LAWS 293 301-318]; the Selective Service Act of 1948; the Universal Mili- tary Training and Service Act [50 U.S.C. App. 451-471a]; an Act entitled "An Act to punish persons who make threats against the President of the United States", approved Febru- ary 14, 1917 [18 U.S.C. 871]; section 871 of title 18, United States Code; an Act entitled "An Act to define, regulate, and punish trading with the enemy, and for other purposes", ap- proved October 6, 1917, or any amendment thereof; the Trad- ing With the Enemy Act [50 U.S.C. App. 1]; section 6 of the Penal Code of the United States; section 2384 of title 18, United States Code; has been convicted of any offense against section 13 of the Penal Code of the United States committed during the period of August 1, 1914, to April 6, 1917, or of a conspiracy occurring within said period to commit an offense under said section 13 or of any offense committed during said period against the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", ap- proved July 2, 1890 [15 U.S.C. 1-7], in aid of a belligerent in the European war; section 960 of title 18, United States Code;' (18) has been convicted under section 278 of this Act [8 U.S.C. 1328] or under section 4 of the Immigration Act of Feb- ruary 5, 1917; (19) during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with- (A) the Nazi government of Germany, (B) any government in any area occupied by the military forces of the Nazi government of Germany, (C) any government established with the assistance or cooperation of the Nazi government of Germany, or (D) any government which was an ally of the Nazi gov- ernment of Germany, ordered, incited, assisted, or otherwise participated in the per- secution of any person because of race, religion, national origin or political opinion; or (20) obtains the status of an alien who becomes lawfully admitted for temporary residence under section 210A and fails to meet the requirement of section 210A(d)(5)(A) by the end of the applicable period. SUSPENSION OF DEPORTATION; VOLUNTARY DEPARTURE SEC. 244. [8 U.S.C. 1254] (a) As hereinafter prescribed in this section, the Attorney General may, in his discretion, suspend de- portation and adjust the status to that of an alien lawfully admit- ted for permanent residence, in the case of an alien (other than an alien described in section 241(a)(19)) who applies to the Attorney General for suspension of deportation and- ' Section 6(b) of the Act of Aug. 1, 1956 (50 U.S.C. 855(b)), set out ante at page 279, also makes subject to deportation under this chapter any alien who is convicted of a violation of that Act (which relates to the registration of certain persons trained in foreign espionage systems). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 cy4 IMMIGRATION LAWS (1) is deportable under any law of the United States except the provisions specified in paragraph (2) of this subsection; has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application, and proves that during all of such period he was and is a person of good moral character; and is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or (2) is deportable under paragraphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), or (18) of section 241(a); has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for depor- tation, and proves that during all of such period he has been and is a person of good moral character; and is a person whose deportation would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent res- idence. (b) The requirement of continuous physical presence in the United States specified in paragraphs (1) and (2) of subsection (a) of this section shall not be applicable to an alien who (A) has served for a minimum period of twenty-four months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and (B) at the time of his enlistment or induction was in the United States. (3)1 An alien shall not be considered to have failed to maintain continuous physical presence in the United States under para- graphs (1) and (2) of subsection (a) if the absence from the United States was brief, casual, and innocent and did not meaningfully in- terrupt the continuous physical presence. (c)(1) Upon application by any alien who is found by the Attorney General to meet the requirements of subsection (a) of this section the Attorney General may in his discretion suspend deportation of such alien. If the deportation of any alien is suspended under the provisions of this subsection, a complete and detailed statement of the facts and pertinent provisions of law in the case shall be re- ported to the Congress with the reasons for such suspension. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. (2) In the case of an alien specified in paragraph (1) of subsection (a) of this section- if during the session of the Congress at which a case is report- ed, or prior to the close of the session of the Congress next fol- lowing the session at which a case is reported, either the Senate or the House of Representatives passes a resolution ' So in law. Paragraph (3) was added to subsection (b) by ? 351(b) of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603, Nov. 6, 1986, 100 Stat. 3439). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 .0 _ATION LAWS 295 stating in substance that it does not favor the suspension of such deportation, the Attorney General shall thereupon deport such alien or authorize the alien's voluntary departure at his own expense under the order of deportation in the manner pro- vided by law. If, within the time above specified, neither the Senate nor the House of Representatives shall pass such a res- olution, the Attorney General shall cancel deportation proceed- ings. (3) In the case of an alien specified in paragraph (2) of subsection (a) of this section- if during the session of the Congress at which a case is report- ed, or prior to the close of the session of the Congress next fol- lowing the session at which a case is reported, the Congress passes a concurrent resolution stating in substance that it favors the suspension of such deportation, the Attorney Gener- al shall cancel deportation proceedings. If. within the time above specified the Congress does not pass such a concurrent resolution, or if either the Senate or the House of Representa- tives passes a resolution stating in substance that it does not favor the suspension of the deportation of such alien, the At- torney General shall thereupon deport such 'alien in the manner provided by law. (d) Upon the cancellation of deportation in the case of any alien under this section, the Attorney General shall record the alien's lawful admission for permanent residence as of the date of the can- cellation of deportation of such alien is made, and unless the alien is an-immediate relative within the meaning of section 201(b) the Secretary of State shall reduce by one the number of immigrant visas authorized to be issued under section 201(a) or 202(a) for the fiscal year then current. (e) The Attorney General may, in his discretion, permit any alien under deportation proceedings, other than an alien within the pro- visions of paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19) of section 241(a) (and also any alien within the purview of such paragraphs if he is also within the provisions of paragraph (2) of subsection (a) of this section), to depart voluntarily from the United States at his own expense in lieu of deportation if such alien shall establish to the satisfaction of the Attorney General that he is, and has been, a person of good moral character for at least five years immediately preceding his application for volun- tary departure under this subsection. SEC. 261. [8 U.S.C. 1301] No visa shall be issued to any alien seeking to enter the United States until such alien has been regis- tered in accordance with section 221(b). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 imirnurtnflON LAWS REGISTRATION OF ALIENS IN THE UNITED STATES SEC. 262. [8 U.S.C. 1302] (a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registra- tion and to be fingerprinted before the expiration of such thirty days. (b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 221(b) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birth- day in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted. PROVISIONS GOVERNING REGISTRATION OF SPECIAL GROUPS SEC. 263. [8 U.S.C. 1303] (a) Notwithstanding the provisions of sections 261 and 262, the Attorney General is authorized to pre- scribe special regulations and forms for the registration and finger- printing of (1) alien crewmen, (2) holders of border-crossing identifi- cation cards, (3) aliens confined in institutions within the United States, (4) aliens under order of deportation, and (5) aliens of any other class not lawfully admitted to the United States for perma- nent residence. (b) The provisions of section 262 and of this section shall not be applicable to any alien who is in the United States as a nonimmi- grant under section 101(a)(15)(A) or 101(a)(15)(G) until the alien ceases to be entitled to such a nonimmigrant status. FORMS AND PROCEDURE SEC. 264. [8 U.S.C. 1304] (a) The Attorney General and the Sec- retary of State jointly are authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 261 of this title, and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 262 of this title. Such forms shall contain inquiries with respect to (1) the date and place of entry of the alien into the United States; (2) activities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the police and criminal record, if any, of such alien; and (5) such additional matters as may be prescribed. (b) All registration and fingerprint records made under the provi- sions of this title shall be confidential, and shall be made available only to such persons or agencies as may be designated by the Attor- ney General. (c) Every person required to apply for the registration of himself or another under this title shall submit under oath the information required for such registration. Any person authorized under regula- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ei.ii.i,uu,'TION LAWS 297 tions issued by the Attorney General to register aliens under this title shall be authorized to administer oaths for such purpose. (d) Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this Act shall be issued a certifi- cate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General. (e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both. SEC. 277. [8 U.S.C. 1327] Any person who knowingly aids or as- sists any alien excludable under section 212(a) (27), (28), or (29) to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be guilty of a felony, and upon con- viction thereof shall be punished by a fine of not more than $5,000 or by imprisonment for not more than five years, or both. CENTRAL FILE; INFORMATION FROM OTHER DEPARTMENTS AND AGENCIES SEC. 290. [8 U.S.C. 1360] (a) There shall be established in the office of the Commissioner, for the use of the security and enforce- ment agencies of the Government of the United States, a central index, which shall contain the names of all aliens heretofore admit- ted to the United States, or excluded therefrom, insofar as such in- formation is available from the existing records of the Service, and the names of all aliens hereafter admitted to the United States, or excluded therefrom, the names of their sponsors of record, if any, and such other relevant information as the Attorney General shall require as an aid to the proper enforcement of this Act. (b) Any information in any records kept by any department or agency of the Government as to the identity and location of aliens in the United States shall be made available to the Service upon request made by the Attorney General to the head of any such de- partment or agency. (c) The Federal Security Administrator shall notify the Attorney General upon request whenever any alien is issued a social security account number and social security card. The Administrator shall also furnish such available information as may be requested by the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 cao immitircMrION LAWS Attorney General regarding the identity and location of aliens in the United States. (d) A written certification signed by the Attorney General or by any officer of the Service designated by the Attorney General to make such certification, that after diligent search no record or entry of a specified nature is found to exist in the records of the Service, shall be admissable as evidence in any proceeding as evi- dence that the records of the Service contain no such record or entry, and shall have the same effect as the testimony of a witness given in open court. TITLE III-NATIONALITY AND NATURALIZATION CHAPTER 2-NATIONALITY THROUGH NATURALIZATION PROHIBITION UPON THE NATURALIZATION OF PERSONS OPPOSED TO GOV- ERNMENT OR LAW, OR WHO FAVOR TOTALITARIAN FORMS OF GOV- ERNMENT SEC. 313. [8 U.S.C. 1424] (a) Notwithstanding the provisions of section 405(b), no person shall hereafter be naturalized as a citizen of the United States- (1) who advocates or teaches, or who is a member of or affili- ated with any organization that advocates or teaches, opposi- tion to all organized government; or (2) who is a member of or affiliated with (A) the Communist Party of the United States; (B) any other totalitarian party of the United States; (C) the Communist Political Association; (D) the Communist or other totalitarian party or [of] any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state; (E) any section, subsidiary, branch, affiliate, or subdivision of any such associa- tion or party; (F) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereaf- ter adopt; (G) who, regardless of whether he is within any of the other provisions of this section, is a member of or affiliated with any Communist-action organization during the time it is registered or required to be registered under the provisions of section 7 of the Subversive Activities Control Act of 1950,1 or (H) who, regardless of whether he is within any of the other provisions of this section, is a member of or affiliated with any Communist-front organization during the time it is registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950,1 unless such alien establishes that he did not have knowledge or reason to believe at the time he became a member of or affiliated with such an organi- zation (and did not thereafter and prior to the date upon which ' Sec. 7 of the Subversive Activities Control Act of 1950 (50 U.S.C. 786) was repealed by the Act of January 2, 1968 (81 Stat. 766). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I immiuKHTION LAWS 299 such organization was so registered or so required to be regis- tered have such knowledge or reason to believe) that such or- ganization was a Communist-front organization; or (3) who, although not within any of the other provisions of this section, advocates the economic, international, and govern- mental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who is a member of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterances or through any written or printed publications issued or pub- lished by or with the permission or consent of or under author- ity of such organizations or paid for by the funds of such orga- nization; or (4) who advocates or teaches or who is a member of or affili- ated with any organization that advocates or teaches (A) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assault- ing or killing of any officer or officers (either of specific indi- viduals or of officers generally) of the Government of the United States or of any other organized government because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (5) who writes or publishes or causes to be written or pub- lished, or who knowingly circulates, distributes, prints, or dis- plays, or knowingly causes to be circulated, distributed, print- ed, published, or displayed or who knowingly has in his posses- sion for the purpose of circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized government, or advocating (A) the overthrow by force, violence, or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assault- ing or killing of any officer or officers (either of specific indi- viduals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (E) the economic, international, and governmental doctrines of world communism or the establishment in the United States of a to- talitarian dictatorship; or (6) who is a member of or affiliated with any organization, that writes, circulates, distributes, prints, publishes, or dis- plays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or dis- play, any written or printed matter of the character described in subparagraph (5). (b) The provisions of this section or of any other section of this Act shall not be construed as declaring that any of the organiza- tions referred to in this section or in any other section of this Act Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 suu immiGNATION LAWS do not advocate the overthrow of the Government of the United States by force, violence, or other unconstitutional means. (c) The provisions of this section shall be applicable to any appli- cant for naturalization who at any time within a period of ten years immediately preceding the filing of the petition for natural- ization or after such filing and before taking the final oath of citi- zenship is, or has been found to be within any of the classes enu- merated within this section, notwithstanding that at the time the petition is filed he may not be included within such classes. (d) Any person who is within any of the classes described in sub- section (a) solely because of past membership in, or past affiliation with, a party or organization may be naturalized without regard to the provisions of subsection (c) if such person establishes that such membership or affiliation is or was involuntary, or occurred and terminated prior to the attainment by such alien of the age of six- teen years, or that such membership or affiliation is or was by op- eration of law, or was for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACH- MENT TO THE PRINCIPLES OF THE CONSTITUTION, AND FAVORABLE DISPOSITION TO THE UNITED STATES SEC. 316. [8 U.S.C. 1427] (a) * * * * * * * * * * (g)(1) Whenever the Director of Central Intelligence, the Attor- ney General and the Commissioner of Immigration determine that a petitioner otherwise eligible for naturalization has made an ex- traordinary contribution to the national security of the United States or to the conduct of United States intelligence activities, the petitioner may be naturalized without regard to the residence and physical presence requirements of this section, or to the prohibi- tions of section 313 of this Act, and no residence within the juris- diction of the court shall be required: Provided, That the petitioner has continuously resided in the United States for at least one year prior to naturalization: Provided further, That the provisions of this subsection shall not apply to any alien described in subpara- graphs (A) through (D) of paragraph 243(h)(2) of this Act. (2) A petition for naturalization may be filed pursuant to this subsection in any district court of the United States, without regard to the residence of the petitioner. Proceedings under this subsection shall be conducted in a manner consistent with the pro- tection of intelligence sources, methods and activities. (3) The number of aliens naturalized pursuant to this subsection in any fiscal year shall not exceed five. The Director of Central In- telligence shall inform the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judici- ary of the House of Representatives within a reasonable time prior to the filing of each petition under the provisions of this subsection. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 IMM ,~~..1TION LAWS 301 ALIEN ENEMIES; NATURALIZATION UNDER SPECIFIED CONDITIONS AND PROCEDURE SEC. 331. [8 U.S.C. 1442] (a) An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may, after his loyalty has been fully established upon investigation by the Attorney General, be natu- ralized as a citizen of the United States if such alien's petition for naturalization shall be pending at the beginning of the state of war and the petitioner is otherwise entitled to admission to citizenship. (b) An alien embraced within this section shall not have his peti- tion for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Attorney General to be represented at the hearing, and the Attorney Gener- al's objection to such final hearing shall cause the petition to be continued from time to time for so long as the Attorney General may require. (c) The Attorney General may, in his discretion, upon investiga- tion fully establishing the loyalty of any alien enemy who did not have a petition for naturalization pending at the beginning of the state of war, except such alien enemy from the classification of alien enemy for the purposes of this title, and thereupon such alien shall have the privilege of filing a petition for naturalization. (d) An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war shall cease to be an alien enemy within the meaning of this section upon the determination by proclamation of the President, or by concurrent resolution of the Congress, that hostilities be- tween the United States and such country, state, or sovereignty have ended. Notwithstanding the provisions of section 405(b), this subsection shall also apply to the case of any such alien whose peti- tion for naturalization was filed prior to the effective date of this Act and which is still pending on that date. (e) Nothing contained herein shall be taken or construed to inter- fere with or prevent the apprehension and removal, consistent with law, of any alien enemy at any time prior to the actual naturaliza- tion of such alien. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 . suz IMMIGRATION LAWS LOSS OF NATIONALITY BY NATIVE-BORN OR NATURALIZED CITIZEN 1 SEC. 349.2 [8 U.S.C. 1481] (a) From and after the effective date of this Act a person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relin- quishing United States nationality:- 3 (1) * *: * (7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of sec- tion 2383 of title 18, United States Code, or willfully perform- ing any act in violation of section 2385 of title 18, United States Code, or violating section 2384 of said title by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction. SECTION 13 OF PUBLIC LAW 85-316 (8 U.S.C. 1255b) (ADJUST- MENT OF STATUS OF CERTAIN NONIMMIGRANTS TO THAT OF PERMANENT RESIDENT ALIEN) SEC. 13. Notwithstanding any other provision of law- (a) Any alien admitted to the United States as a nonimmi- grant under the provisions of either section 101(a)(15)(A) (i) or (ii) or 101(a)(15)(G) (i) or (ii) of the Immigration and Nationality Act, who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for perma- nent residence. (b) If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien, has-shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien's- immediate family and that adjustment of the alien's i Section 1999 of the Revised Statutes of the United States (8 U.S.C. 1481 note) provides as follows: "Whereas the right of expatriation is -a natural and inherent right of all people, indis- pensable to the enjoyment of the rights.of life, liberty, and the pursuit of happiness, and where- as in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic.". 2 Paragraphs (5) and (8) of section 349(a) were repealed, and paragraphs (6), (7), and (9) were redesignated as paragraphs (5), (6), and (7), respectively, by sections 2 and 4 of Pub. L. 95-432 (Oct. 10, 1978, 92 Stat. 1046). Paragraph (10) was repealed by section 501 of Pub. L. 94-412 (Sept. 14, 1976, 90 Stat. 1258). 9 So in law. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 . TION LAWS 303 status to that of an alien lawfully admitted for permanent resi- dence would be in the national interest, that the alien is a person of good moral character, that he is admissible for per- manent residence under the Immigration and Nationality Act, and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discre- tion, may record the alien's lawful admission for permanent residence as of the date of the order of the Attorney General approving the application for adjustment of status is made. (c) A complete and detailed statement of the facts and perti- nent provisions of law in the case shall be reported to the Con- gress with the reasons for such adjustment of status. Such re- ports shall be submitted on the first day of each calendar month in which Congress is in session. If, during the session of the Congress at which a case is reported, or prior to the close of the session of Congress next following the session at which a case is reported, either the Senate or the House of Representa- tives passes a resolution stating in substance that it does not favor the adjustment of status of such alien, the Attorney Gen- eral shall thereupon require the department of such alien in the manner provided by law. If neither the Senate nor the House of Representatives passes such a resolution within the time above specified, the Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and National- ity Act for the fiscal year then current or the next following year in which a quota is available. No quota shall be so re- duced by more than 50 per centum in any fiscal year. (d) The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty. SECTION 21 OF THE ACT OF AUGUST 1, 1956 (22 U.S.C. 2691) (THE "McGOVERN AMENDMENT") SEC. 21. (a) For purposes of achieving greater United States com- pliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe (signed at Helsinki on August 1, 1975) and for purposes of encouraging other signatory countries to comply with those provisions, the Secretary of State should, within 30 days of receiving an application for a nonimmigrant visa by any alien who is excludible from the United States by reason of membership in or affiliation with a proscribed organization but who is otherwise admissible to the United States, recommend that the Attorney General grant the approval necessary for the issuance of a visa to such alien, unless the Secretary determines that the admission of such alien would be contrary to the security interests of the United States and so certifies to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate. Nothing in this section may be construed as authorizing or requiring the admission to the United States of Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 IN IMMIGRATION :LAWS any alien who is excludible for reasons other. than membership in or affiliation with a proscribed organization. (b) This section does not apply to representatives of purported labor organizations in countries where such organizations are in fact instruments of a totalitarian state. (c) This section does not apply with respect to any alien who is a member, officer, official, representative, or spokesman of the Pales- tine Liberation Organization. (d) The Secretary of State may refuse to recommend a waiver for aliens from signatory countries which are not in substantial com- pliance with the provisions of the Helsinki Final Act, particularly the human rights and humanitarian affairs provisions. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 E. BUDGET-RELATED LAWS SECTION 3524 OF TITLE 31, UNITED STATES CODE (UNVOUCHERED EXPENDITURES) ? 3524. Auditing expenditures approved without vouchers (a)(1) The Comptroller General may audit expenditures, account- ed for only on the approval, authorization, or certificate of the President or an official of an executive agency, to decide if the ex- penditure was authorized by law and made. Records and related in- formation shall be made available to the Comptroller General in conducting the audit. (2) The Comptroller General may release the results of the audit or disclose related information only to the President or head of the agency, or, if there is an unresolved discrepancy, to the Committee on Governmental Affairs of the Senate, the Committee on Govern- ment Operations of the House of Representatives, and the commit- tees of Congress having legislative or appropriation oversight of the expenditure. (b) Before December 1 of each year, the Director of the Office of Management and Budget shall submit a report listing each account that may be subject to this section to the Committees on the Budget and Appropriations of both Houses of Congress, the Com- mittee on Governmental Affairs, and to the Committee on Govern- ment Operations, and to the Comptroller General. (c) The President may exempt from this section a financial trans- action about sensitive foreign intelligence or foreign counter-intelli- gence activities or sensitive law enforcement investigations if an audit would expose the identifying details of an active investigation or endanger investigative or domestic intelligence sources involved in the investigation. The exemption may apply to a class or catego- ry of financial transactions. (d) This section does not- (1) apply to expenditures under section 102, 103, 105(d)(1), (3), or (5), or 106(b)(2) or (3) of title 3; or (2) affect authority under section 8(b) of the Central Intelli- gence Agency Act of 1949 (50 U.S.C. 403j(b)). (e) Information about a financial transaction exempt under sub- section (c) of this section or a financial transaction under section 8(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j(b)) may be reviewed by the Permanent Select Committee on Intelligence of the House and the Select Committee on Intelligence of the Senate. (f) Subsections (a)(1) and (d)(1) of this section may be superseded only by a law enacted after April 3, 1980, specifically repealing or amending this section. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 LATED LAWS SECTIONS 109, 610, AND 614 OF THE FOREIGN ASSISTANCE ACT OF 1961 SEC. 109. [22 U.S.C. 2151g] TRANSFER OF FUNDS.-Whenever the President determines it to be necessary for the purposes of this chapter, not to exceed 15 per centum of the funds made available for any provision of this chapter may be transferred to, and consoli- dated with, the funds made available for any other provision of this chapter, and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 25 per centum of the amount of funds made available for such provision. The authority of sections 610(a) and 614(a) of this Act may not be used to transfer funds made available under this chapter for use for purposes of any other provision of this Act except that the authority of such sections may be used to transfer for the purposes of section 667 not to exceed five per centum of the amount of funds made available for section 667(a)(1). SEC. 610. [22 U.S.C. 2360] TRANSFER BETWEEN ACCOUNTS.-(a) Whenever the President determines it to be necessary for the pur- poses of this Act, not to exceed 10 per centum of the funds made available for any provision of this Act (except funds made available pursuant to title IV of chapter 2 of part I) may be transferred to, and consolidated with, the funds made available for any other pro- vision of this Act, (except funds made available under chapter 2 of part II of this Act) and may be used for any of the purposes for which such funds may be used, except that the total in the provi- sion for the benefit of which the transfer is made shall not be in- creased by more than 20 per centum of the amount of funds made available for such provision. (b) The authority contained in this section and in sections 451, 506, and 614 shall not be used to augment appropriations made available pursuant to sections 636(g)(1) and 637 or used otherwise to finance activities which normally would be financed from appro- priations for administrative expenses. (c) Any funds which the President has notified Congress pursu- ant to section 653 that he intends to provide in military assistance to any country may be transferred to, and consolidated with, any other funds he has notified Congress pursuant to such section that he intends to provide to that country for development assistance purposes. * * * * * * * SEC. 614. [22 U.S.C. 2364] SPECIAL AUTHORITIES.-(a)(1) The President may authorize the furnishing of assistance under this Act without regard to any provision of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this Act, in furtherance of any of the purposes of this Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is im- portant to the security interests of the United States. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I tsuuuti-ntIATED LAWS 307 (2) The President may make sales, extend credit, and issue guar- antees under the Arms Export Control Act, without regard to any provision of this Act, the Arms Export Control Act, any law relat- ing to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under the Arms Export Control Act, in furtherance of any of the purposes of such Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is vital to the national security interests of the United States. (3) Before exercising the authority granted in this subsection, the President shall consult with, and shall provide a written policy jus- tification to, the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Com- mittee on Foreign Relations and the Committee on Appropriations of the Senate. (4) The authority of this subsection may not be used to authorize the use of more than $250,000,000 of funds made available for use under this Act or the Arms Export Control Act, or the use of more than $100,000,000 of foreign currencies accruing under this Act or any other law, in any fiscal year. Not more than $50,000,000 of the funds available under this subsection may be allocated to any one country in any fiscal year, unless such country is a victim of active Communist or Communist-supported aggression. (5) The authority of this section may not be used to waive the limitations on transfers contained in section 610(a) of this Act. (b) Whenever the President determines it to be important to the national interest, he may use funds available for the purposes of chapter 4 of part I in order to meet the responsibilities or objec- tives of the United States in Germany, including West Berlin, and without regard to such provisions of law as he determines should be disregarded to achieve this purpose. (c) The President is authorized to use amounts not to exceed $50,000,000 of the funds made available under this Act pursuant to his certification that it is inadvisable to specify the nature of the use of such funds, which certification shall be deemed to be a suffi- cient voucher for such amounts. The President shall promptly and fully inform the Speaker of the House of Representatives and the chairman and ranking minority member of the Committee on For- eign Relations of the Senate of each use of funds under this subsec- tion. SELECTED PROVISIONS OF THE FOREIGN MILITARY SALES ACT AMENDMENTS, 1971 (PUBLIC LAW 91-672) SEC. 8. (a) * * * [Repealed-1976] (b) * * * [Repealed-1976] (c) * * * [Repealed-1976] (d) The President shall promptly and fully inform the Speaker of the House of Representatives and the Committee on Foreign Rela- tions and the Committee on Appropriations of the Senate of each decision to furnish on a grant basis to any country excess defense articles which are major weapons systems to.the extent such major Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 auo tsuutiti-RELATED LAWS weapons system was not included in the presentation material pre- viously submitted to the Congress. The annual presentation materi- als for security assistance programs shall include a table listing by country the total value of all deliveries of excess defense articles, disclosing both the aggregate original acquisition cost and the ag- gregate value at the time of delivery. (e) * * * [Repealed-1976] SEC. 10. (a) Notwithstanding any provision of law enacted before the date of enactment of this section, no money appropriated for foreign assistance (including foreign military sales) shall be avail- able for obligation or expenditure- (1) unless the appropriation thereof has been previously au- thorized by law; or (2) in excess of an amount previously prescribed by law. (b) To the extent that legislation enacted after the making of an appropriation for foreign assistance (including foreign military sales) authorizes the obligation or expenditure thereof, the limita- tion contained in subsection (a) shall have no effect. (c) The provisions of this section shall not be superseded except by a provision of law enacted after the date of enactment of this section which specifically repeals or modifies the provisions of this section. SEC. 11. For purposes of sections 8 and 9- (1) "defense article" and "excess defense articles" have the same meanings as given them in section 644 (d) and (g), respec- tively, of the Foreign Assistance Act of 1961; and (2) "foreign country" includes any department, agency, or in- dependent establishment of the foreign country. EXAMPLES OF RECURRING BUDGET-RELATED LANGUAGE IN DEPARTMENT OF DEFENSE APPROPRIATION ACTS; FROM PUBLIC LAW 99-591, THE RESOLUTION MAKING CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1987, APPROVED OCTOBER 30, 1986 * * * * * * * SEC. 9037. None of the funds appropriated in this Act may be made available through transfer, reprogramming, or other means for any intelligence or special activity different from that previous- ly justified to the Congress unless the Director of Central Intelli- gence or the Secretary of Defense has notified the House and Senate Appropriations Committees of the intent to make such funds available for such activity. * * * * * * * SEC. 9128. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorize the trans- fer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency. * * * * * * * SEC. 9130. Funds appropriated by this Act for construction projects of the Central Intelligence Agency, which are transferred Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 i ouuuLI-nLLATED LAWS 309 to another Agency for execution, shall remain available until ex- pended. * * * * * * SECTIONS 1535 AND 1536 OF TITLE 31, UNITED STATES CODE (THE "ECONOMY ACT") ? 1535. Agency agreements (a) The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or service if- (1) amounts are available; (2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government; (3) the agency or unit to fill the order is able to provide the ordered goods or services; and (4) the head of the agency decides ordered goods or services cannot be provided as conveniently or cheaply by a commerical enterprise. (b) Notwithstanding subsection (a)(3) of this section, the Secretary of Defense, the Secretary of a military department of the Depart- ment of Defense, the Secretary of Transportation in carrying out duties and powers related to aviation and the Coast Guard, the Sec- retary of the Treasury, the Administrator of General Services, and the Administrator of the Maritime Administration may place orders under this section for goods and services that an agency or unit filling the order may be able to provide or procure by contract. (c) Payment shall be made promptly by check on the written re- quest of the agency or unit filling the order. Payment may be inad- vance or on providing the goods or services ordered and shall be for any part of the estimated or actual cost as determined by the agency or unit filling the order. A bill submitted or a request for payment is not subject to audit or certification in advance of pay- ment. Proper adjustment of amounts paid in advance shall be made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods or services provided. (d) An order placed or agreement made under this section obli- gates an appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent that the agency or unit filling the order has not incurred obligations, before the end of the period of availability of the appropriation, in- (1) providing goods or services; or (2) making an authorized contract with another person to provide the requested goods or services. (e) This section does not- (1) authorize orders to be placed for goods or services to be provided by convict labor; or (2) affect other laws about working funds. AMENDMENT SUBSEQUENT TO APRIL 15, 1982 Section 4(a) of Pub. L. 97-258 (the first section of which enacted Title 31, Money and Finance) provided in part that "Laws enacted Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 131U DUUbri-l LLATED LAWS after April 15, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.". Pub. L. 97-332, Oct. 15, 1982, 96 Stat. 1622, which amended the derivative provisions of revised section 1535(a)-(c), provided that section 7(a) of the Act of May 21, 1920, entitled "An Act making appropriations for fortifica- tions and other works or defense, for the armament thereof, and for the procurement of heavy ordnance for trial and service, for the fiscal year ending June 30, 1921, and for other purposes" (31 U.S.C. 686(a)), as amended by the Act of June 30, 1932, commonly referred to as the Economy Act of 1932, is amended- (1) by striking out "in a position to supply or equipped to render" and inserting in lieu thereof "in a position or equipped to supply, render, or obtain by contract"; (2) by striking out the first proviso in such section, and by striking out "further" in the second proviso; (3) by striking out "competitive bids" in such second proviso and inserting in lieu thereof "contract"; and (4) by adding at the end thereof the following new sentence: "Any condition or limitation applicable to the procurement funds of any executive department, independent establishment, bureau, or office which places an order or lets a contract under the provisions of this section shall be applied in placing such order or letting such contract.". As so amended the derivative provisions read as follows: (a) Any executive department or independent establishment of the Government, or any bureau or office thereof, if funds are avail- able therefor and if it is determined by the head of such executive department, establishment, bureau, or office to be in the interest of the Government so to do, may place orders with any other such de- partment, establishment, bureau, or office for materials, supplies, equipment, work, or services, of any kind that such requisitioned Federal agency may be in a position or equipped to supply, render, or obtain by contract, and shall pay promptly by check to such Fed- eral agency as may be requisitioned, upon its written request, either in advance or upon the furnishing or performance thereof, all or part of the estimated or actual costs thereof as determined by such department, establishment, bureau, or office as may be re- quisitioned; but proper adjustments on the basis of the actual cost of the materials, supplies, or equipment furnished, or work or serv- ices performed, paid for in advance, shall be made as may be agreed upon by the departments, establishments, bureaus, or of- fices concerned: Provided, That if such work or services can be as conveniently or more cheaply performed by private agencies such work shall be let by contract to such private agencies. Bills ren- dered, or requests for advance payments made, pursuant to any such order, shall not be subject to audit or certification in advance of payment. Any condition or limitation applicable to the procure- ment funds of any executive department, independent establish- ment, bureau, or office which places an order or lets a contract under the provisions of this section shall be applied in placing such order or letting such contract. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 66666-a[LATED LAWS 311 ? 1536. Crediting payments from purchases between executive agencies (a) An advance payment made on an order under section 1535 of this title is credited to a special working fund that the Secretary of the Treasury considers necessary to be established.. Except as pro- vided in this section, any other payment is credited to the appro- priation or fund against which charges were made to fill the order. (b) An amount paid under section 1535 of this title may be ex- pended in providing goods or services or for a purpose specified for the appropriation or fund credited. Where goods are provided from stocks on hand, the amount received in payment is credited so as to be available to replace the goods unless- (1) another law authorizes the amount to be credited to some other appropriation or fund; or (2) the head of the executive agency filling the order decides that replacement is not necessary, in which case, the amount received is deposited in the Treasury as miscellaneous receipts. (c) This section does not affect other laws about working funds. CHAPTER 5 OF THE ARMS EXPORT CONTROL ACT (SPECIAL DEFENSE ACQUISITION FUND) CHAPTER 5-SPECIAL DEFENSE ACQUISITION FUND SEC. 51. [22 U.S.C. 2795] SPECIAL DEFENSE ACQUISITION FUND.- (a)(1) Under the direction of the President and in consultation with the Secretary of State, the Secretary of Defense shall establish a Special Defense Acquisition Fund (hereafter in this chapter, re- ferred to as the "Fund"), to be used as a revolving fund separate from other accounts, under the control of the Department of De- fense, to finance the acquisition of defense articles and defense service in anticipation of their transfer pursuant to this Act, the Foreign Assistance Act of 1961, or as otherwise authorized by law, to eligible foreign countries and international organizations, and may acquire such articles and services with the funds in the Fund as he may determine. Acquisition under this chapter of items for which the initial issue quantity requirements' for United States Armed Forces have not been fulfilled and are not under current procurement contract shall be 'emphasized when compatible with security assistance requirements for the transfer of such items. (2) Nothing in this chapter may be construed to limit or impair any responsibilities conferred upon the Secretary of State or "the Secretary of Defense under this Act or the Foreign Assistance Act of 1961. (b) The Fund shall consist of- (1) collections from sales made under letters of offer issued pursuant to section 21(a)(1) of this Act representing the actual value of defense articles not intended to be` replaced in stock, (2) collections from sales representing the value of asset use charges (including contractor rental payments for United States Government-owned plant and production equipment) and charges for the proportionate recoupment of nonrecurring research, development, and production costs, and Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 JIL Buuuti-rttLATED LAWS (3) collections from sales under letters of offer (or transfers made under the Foreign Assistance Act of 1961) of defense arti- cles and defense services acquired under this chapter, repre- senting the value of such items calculated in accordance with paragraph (2) or (3) of section 21(a) or section 22 of this Act or section 644(m) of the Foreign Assistance Act of 1961, as appro- priate, together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund. (c)(1) The size of the Fund may not exceed such dollar amount as is prescribed in section 114(c) of title 10, United States Code. For purposes of this limitation, the size of the Fund is the amounts in the Fund plus the value (in terms of acquisition cost) of the defense articles acquired under this chapter which have not been trans- ferred from the Fund in accordance with this chapter. (2) Amounts in the Fund shall be available for obligation in any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 52. [22 U.S.C. 2795a] 1 USE AND TRANSFER OF ITEMS PRO- CURED BY THE FUND.-(a) No defense article or defense service ac- quired by the Secretary of Defense under this chapter may be transferred to any foreign country or international organization unless such transfer is authorized by this Act, the Foreign Assist- ance Act of 1961, or other law. (b) The President may authorize the temporary use by the United States Armed Forces of defense articles and defense serv- ices acquired under this chapter prior to their transfer to a foreign country or international organization, if such is necessary to meet national defense requirements and the United States Armed Forces bear the costs of operation and maintenance of such articles or services while in their use and the costs of restoration or replace- ment upon the termination of such use. (c) Except as provided in subsection (b) of this section, the Fund may be used to pay for storage, maintenance, and other costs relat- ed to the preservation and preparation for transfer of defense arti- cles and defense services acquired under this chapter prior to their transfer, as well as the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 43(b) of this Act. SEC. 53. [22 U.S.C. 2795b] 2 ANNUAL REPORTS TO CONGRESS.-(a) Not later than December 31 of each year, the President shall submit to the Congress a comprehensive report on acquisitions of defense articles and defense services under this chapter. Each such report shall include- (1) a description of each contract for the acquisition of de- fense articles or defense services under this chapter which was entered into during the preceding fiscal year; (2) a description of each contract for the acquisition of de- fense articles or defense services under this chapter which the ' Functions of the President under subset. (b) of this section were delegated to the Secretary of Defense by section 1(o) of Ex. Ord. No. 11958, Jan. 18, 1977. 2 Functions of the President under this section were delegated to the Secretary of Defense by section 1(o) of Ex. Ord. No. 11958, Jan. 18, 1977. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 BUDGET-RELATED LAWS 313 President anticipates will be entered into during the current fiscal year; (3) a description of each defense article or defense service ac- quired under this chapter which was transferred to a foreign country or international organization during the preceding fiscal year; and (4) an evaluation of the impact of the utilization of the au- thority of this chapter on United States defense production and the readiness of the United States Armed Forces. (b) As part of the annual written report to the Congress required by section 2431(a) of title 10, United States Code, regarding pro- curement schedules for each weapon system for which funding au- thorization is required, the President shall provide a report esti- mating the likely procurements to be made through the Fund. SECTIONS 1341, 1342, 1350, AND 1351 OF TITLE 31, UNITED STATES CODE (THE "ANTI-DEFICIENCY ACT" AND RE- LATED PROVISIONS) ? 1341. Limitations on expending and obligating amounts (a)(1) An officer or employee of the United States Government or of the District of Columbia government may not- (A) make or authorize an expenditure or obligation exceed- ing an amount available in an appropriation or fund for the expenditure or obligation; or (B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law. (2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. (b) An article to be used by an executive department in the Dis- trict of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation. ? 1342. Limitation on voluntary services An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceed- ing that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. ? 1350. Criminal penalty An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully vio- lating section 1341(a) or 1342 of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 314 BUDGET-RELATED LAWS ? 1351. Reports on violations If an officer or employee of an executive agency or an officer or employee of the District of Columbia government violates section 1341(a) or 1342 of this title, the head of the agency or the Mayor of the District of Columbia, as the case may be, shall report immedi- ately to the President and Congress all relevant facts and a state- ment of actions taken. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 F. PROHIBITORY LAWS SECTIONS 620A AND 660, OF THE FOREIGN ASSISTANCE ACT OF 1961 SEC. 620A. [22 U.S.C. 2371] PROHIBITION AGAINST FURNISHING ASSISTANCE TO COUNTRIES WHICH GRANT SANCTUARY TO-INTERNA- TIONAL TERRORISTS.-(a) Except where the President finds national security to require otherwise, the President shall terminate all as- sistance under this Act to any government which aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed an act of international terrorism and the President may not thereafter furnish assistance to such govern- ment until the end of the one year period beginning on the date of such termination, except that if during its period of ineligibility for assistance under this section such government aids or abets, by granting sanctuary from prosecution to, any other individual or .group which has committed an act of international terrorism, such government's period of ineligibility shall be extended for an addi- tional year for each such individual or group. (b) If the President finds that national security justifies a con- tinuation of assistance to any government described in subsection (a), he shall report such finding to the Speaker of the House of Rep- resentatives and the Committee on Foreign Relations of the Senate. * * * * SEC. 660. [22 U.S.C. 2420] PROHIBITING POLICE TRAINING.-(a) On and after July 1, 1975, none of the funds made available to carry out this Act, and none of the local currencies generated under this Act, shall be used to provide training or advice, or pro- vide any financial support, for police, prisons, or other law enforce- ment forces for any foreign government or any program of internal intelligence or surveillance on behalf of any foreign government within the United States or abroad. (b) Subsection (a) of this section shall not apply- (1) with respect to assistance rendered under section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968 with respect to any authority of the Drug Enforcement Administra- tion or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States, or with respect to assistance authorized under section 482 of this Act; or (2) to any contract entered into prior to the date of enact- ment of this section with any person, organization, or agency of the United States Government to provide personnel to con- 'duct, or assist in conducting, any such program. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 316 PROHIBITORY LAWS Notwithstanding clause (2), subsection (a) shall apply to any renew- al or extension of any contract referred to in such paragraph en- tered into on or after such date of enactment. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 G. MERCENARY LAWS SECTIONS 956 THROUGH 960 OF TITLE 18, UNITED STATES CODE (CERTAIN PRIVATE ACTIVITIES WITH RESPECT TO FOREIGN COUNTRIES) ? 956. Conspiracy to injure property of foreign government (a) If two or more persons within the jurisdiction of the United States conspire to injure or destroy specific property situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, or other public utility so situated, and if one or more such persons commits an act within the jurisdiction of the United States to effect the object of the con- spiracy, each of the parties to the conspiracy shall be fined not more than $5,000 or imprisoned not more than three years, or both. (b) Any indictment or information under this section shall de- scribe the specific property which it was the object of the conspira- cy to injure or destroy. ? 957. Possession of property in aid of foreign government Whoever, in aid of any foreign government, knowingly and will- fully possesses or controls any property or papers used or designed or intended for use in violating any penal statute, or any of the rights or obligations of the United States under any treaty or the law of nations, shall be fined not more than $1,000 or imprisoned not more than ten years, or both. ? 958. Commission to serve against friendly nation Any citizen of the United States who, within the jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, against any prince, state, colony, district, or people, with whom the United States is at peace, shall be fined not more than $2,000 or imprisoned not more than three years, or both. ? 959. Enlistment in foreign service (a) Whoever, within the United States, enlists or enters himself, or hires or retains another to enlist or enter himself, or to go beyond the jurisdiction of the United States with intent to be en- listed or entered in the service of any foreign prince, state, colony, district, or people as a soldier or as a marine or seaman on board any vessel of war, letter of marque, or privateer, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (b) This section shall not apply to citizens or subjects of any coun- try engaged in war with a country with which the United States is at war, unless such citizen or subject of such foreign country shall Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 318 MERCENARY LAWS hire or solicit a citizen of the United States to enlist or go beyond th? jurisdiction of the United States with intent to enlist or enter the service of a foreign country. Enlistments under this subsection shall be under regulations prescribed by the Secretary of the Army. (c) This section and sections 960 and 961 of this title shall not apply to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such for- eign prince, state, colony, district, or people. ? 960. Expedition against friendly nation Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or takes part in, any military or naval expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace, shall be fined not more than $3,000 or imprisoned not than three years, or both. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 H. RESTRICTIONS ON EMPLOYMENT OF OFFICERS OF THE, UNITED STATES 1 CLAUSE 8 OF ARTICLE I, SECTION 9, OF THE UNITED STATES CONSTITUTION SECTION 1. * * * * * SECTION 9. * * * * * * * * * * No Title of Nobility shall be granted by the'United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolu- ment, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. SECTIONS 207 AND 219 OF TITLE 18, UNITED STATES CODE ? 207. Disqualification of former officers and employees; disquali- fication of partners of current officers and employees (a) Whoever, having been an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, includ- ing a special Government employee, after his employment has ceased, knowingly acts as agent or attorney for, or otherwise repre- sents, any other .person (except the United States), in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of any other person (except the United States) to- (1) any department, agency, court, court-martial, or any civil, military, or naval commission of the United States or the Dis- trict of Columbia, _ or any officer or employee thereof, and (2) in connection with any judicial or other proceeding, appli- cation, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other .particular matter involving a specific party or parties in which the United States or the District of Columbia is a party or has a direct and substantial interest, and (3) in which he participated personally and substantially as an officer or employee through decision, approval, disapproval, 1 In connection with this subject, see also sections 2397a, 2397b, and 2397c of title 10, United States Code. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 320 RESTRICTIONS ON EMPLOYMENT recommendation, the rendering of advice, investigation or other- wise, while so employed; or (b) Whoever, (i) having been so employed, within two years after his employment has ceased, knowningly acts as agent or attorney for, or otherwise represents, any other person (except the United States), in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of any other person (except the United States) to, or (ii) having been so employed and as specified in subsection (d) of this section, within two years after his employment has ceased, knowing- ly represents or aids, counsels, advises, consults, or assists in repre- senting any other person (except the United States) by personal presence at any formal or informal appearance before- (1) any department, agency, court, court-martial, or any civil military or naval commission of the United States or the Dis- trict of Columbia, or any officer or employee thereof, and (2) in connection with any judicial or other proceeding, appli- cation, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties in which the United States or. the District of Columbia is a party or has a direct and substantial interest, and (3), 1 as to (i), which was actually pending under his official responsibility as an officer or employee within a period of one year prior to the termination of such responsibility, or, as to (ii), in which he participated personally and substantially as an officer or employee; or (c) Whoever, other than a special Government employee who serves for less than sixty days in a given calendar year, having been so employed as specified in subsection (d) of this section, within one year after such employment has ceased, knowingly acts as agent or attorney for, or otherwise represents, anyone other than the United States in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of anyone other than the United States, (1) the department or agency in which he served as an officer or employee, or any officer or employee thereof, and (2) in connection with any judicial, rulemaking, or other pro- ceeding, application, request for a ruling or other determina- tion, contract, claim, controversy, investigation, charge, accusa- tion, arrest, or other particular matter, and (3) which is pending before such department or agency or in which such department or agency has a direct and substantial interest- shall be fined not more than $10,000 or imprisoned for not more than two years, or both. (d)(1) Subsection (c) of this section shall apply to a person em- ployed- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 RESTRICTIONS ON EMPLOYMENT 321 (A) at a rate of pay specified in or fixed according to sub- chapter II of chapter 53 of title 5, United States Code, or a comparable or greater rate of pay under other authority; (B) on active duty as a commissioned officer of a uniformed service assigned to pay grade of 0-9 or above as described in section 201 of title 37, United States Code; or (C) in a position which involved significant decision-making or supervisory responsibility, as designated under this subpara- graph by the Director of the Office of Government Ethics, in consultation with the department or agency concerned. Only positions which are not covered by subparagraphs (A) and (B) above, and for which the basic rate of pay is equal to or great- er than the basic rate of pay for GS-17 of the General Sched- ule prescribed by section 5332 of title 5, United States Code, or positions which are established within the Senior Executive Service pursuant to the Civil Service Reform Act of 1978, or positions of active duty commissioned offices of the uniformed services assigned to pay 0-7 or 0-8, as described in section 201 of title 37, United States Code, may be designated. As to persons in positions designated under this subparagraph, the Director may limit the restrictions of subsection (c) to permit a former officer or employee, who served in a separate agency or bureau within a department or agency, to make appearances before or communications to persons in an unrelated agency or bureau, within the same department or agency, having separate and distinct subject matter jurisdiction, upon a determination by the Director that there exists no potential for use of undue in- fluence or unfair advantage based on past government service. On an annual basis, the Director of the Office of Government Ethics shall review the designations and determinations made under this subparagraph and, in consultation with the depart- ment or agency concerned, make such additions and deletions as are necessary. Departments and agencies shall cooperate to the fullest extent with the Director of the Office of Govern- ment Ethics in the exercise of his responsibilities under this paragraph. (2) The prohibition of subsection (c) shall not apply to appear- ances, communications, or representation by a former officer or employee, who is- (A) an elected official of a State or local government, or '(B) whose principal occupation or employment is with (i) an agency or instrumentality of a State or local government, (ii) an accredited, degree-granting institution of higher education, as defined in section 1201(a) of the Higher Education Act of 1965, or (iii) a hospital or medical research organization, ex- empted and defined under section 501(c)(3) of the Internal Rev- enue Code of 1954, and the appearance, communication, or rep- resentation is on behalf of such government, institution, hospi- tal, or organization. (e) For the purposes of subsection (c), whenever the Director of the Office of Government Ethics determines that a separate statu- tory agency or bureau within a department or agency exercises functions which are distinct and separate from the remaining func- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 322 RESTRICTIONS ON EMPLOYMENT tions of the department or agency, the Director shall by rule desig- nate such agency or bureau as a separate department or agency; except that such designation shall not apply to former heads of des- ignated bureaus or agencies, or former officers and employees of the department or agency whose official responsibilites included su- pervision of said agency or bureau. (f) The prohibitions of subsections (a), (b), and (c) shall not apply with respect to the making of communications solely for the pur- pose of furnishing scientific or technological information under pro- cedures acceptable to the department or agency concerned, or if the head of the department or agency concerned with the particular matter, in consultation with the Director of the Office of Government Ethics, makes a certification, published in the Federal Register, that the former officer or employee has outstanding qualifications in a sci- entific, technological, or other technical discipline, and is acting with respect to a particular matter which requires such qualifica- tions, and that the national interest would be served by the partici- pation of the former officer or employee. (g) Whoever, being a partner of an officer or employee of the ex- ecutive branch of the United States Government, of any independ- ent agency of the United States, or of the District of Columbia, in- cluding a special Government employee, acts as agent or attorney for anyone other than the United States before any department, agency, court, court-martial, or any civil, military, or naval com- mission of the United States or the District of Columbia, or any officer or employee thereof, in connection with any judicial or other proceeding, application, request for a ruling or other determina- tion, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter in which the United States or the District of Columbia is a party or has a direct and substantial interest and in which such officer or employee or special Govern- ment employee participates or has participated personally and sub- stantially as an officer or employee through decision, approval, dis- approval, recommendation, the rendering of advice, investigation, or otherwise, or which is the subject of his official responsibility, shall be fined not more than $5,000, or imprisoned for not more than one year, or both. (h) Nothing in this section shall prevent a former officer or em- ployee from giving testimony under oath, or from making state- ments required to be made under penalty of perjury. (i) The prohibition contained in subsection (c) shall not apply to appearances or communications by a former officer or employee concerning matters of a personal and individual nature, such as personal income taxes or pension benefits; nor shall the prohibition of that subsection prevent a former officer or employee from making or providing a statement, which is based on the former offi- cer's or employee's own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received, other than that regularly provided for by law or regulation for witnesses. (j) If the head of the department or agency in which the former officer or employee served finds, after notice and opportunity for a hearing, that such former officer or employee violated subsection Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 RESTRICTIONS ON EMPLOYMENT 323 (a), (b), or (c) of this section, such department or agency head may prohibit that person from making, on behalf of any other person (except the United States), any informal or formal. appearance before, or, with the intent to influence, any oral or written communi- cation to, such department or agency on a pending matter of business for a period not to exceed five years, or may take other appropriate disciplinary action. Such disciplinary action shall be subject to review in an appropriate United States district court. No later than six months after .the effective date of this Act, depart- ments and agencies shall, in consultation with the Director of the Office of Government Ethics, establish procedures to carry out this subsection. ? 219. Officers and employees acting as agents of foreign princi- pals (a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both. (b) Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other docu- ments filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended. (c) For the purpose of this section "public official" means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf. of the United States, or any department, agency, or branch of Governments thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government. SECTIONS 801 AND 908 OF TITLE 37, UNITED STATES CODE ? 801. Restriction on payment to certain officers (a) An officer of the Regular Navy or the Regular Marine Corps, other than a retired officer, may not be employed by a person fur- nishing naval supplies or war materials to the United States. If such an officer is so employed, he is not entitled to any payment from the United States during that employment. (b) Payment may not be made from any appropriation, for a period of three years after his name is placed on that list, to an officer on a retired list of the Regular Army, the Regular Navy, the Regular Air Force, the Regular Marine Corps, the Regular Coast Guard, the National Oceanic and Atmospheric Administration or the Public Health Service, who is engaged for himself or others in Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 324 RESTRICTIONS ON EMPLOYMENT selling, or contracting or negotiating to sell, supplies or war mate- rials to an agency of the Department of Defense, the Coast Guard, the National Oceanic and Atmospheric Administration, or the Public Health Service. ? 908. Employment of reserves and retired members by foreign governments (a) Subject to subsection (b) of this section, Congress consents to the following persons accepting civil employment (and compensa- tion for that employment) for which the consent of Congress is re- quired by the last paragraph of section 9 of article I of the Consti- tution, related to acceptance of emoluments, offices, or titles from a foreign government: (1) Retired members of the uniformed services. (2) Members of a reserve component of the armed forces. (3) Members of the Commissioned Reserve Corps of the Public Health Service. (b) A person described in subsection (a) of this section may accept employment or compensation described in that subsection only if the Secretary concerned and the Secretary of State approve the employment. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I. PERSONNEL-RELATED LAWS CHAPTER 12 OF TITLE 5, UNITED STATES CODE (MERIT SYSTEMS PROTECTION BOARD AND SPECIAL COUNSEL) CHAPTER 12-MERIT SYSTEMS PROTECTION BOARD AND SPECIAL COUNSEL Sec. 1201. Appointment of members of the Merit Systems Protection Board. 1202. Term of office; filling vacancies; removal. 1203. Chairman; Vice Chairman. 1204. Special counsel; appointment and removal. 1205. Powers and functions of the Merit Systems Protection Board and Special Counsel. 1206. Authority and responsibilities of the Special Counsel. 1207. Hearings and decisions on complaints filed by the Special Counsel. 1208. Stays of certain personnel actions. 1209. Information. ? 1201. Appointment of members of the Merit Systems Protection Board The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The Chairman and members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other, appropriate locations. ? 1202. Term of office; filling vacancies; removal (a) The term of office of each member of the Merit Systems Pro- tection Board is 7 years. (b) A member appointed to fill a vacancy occurring before the end of a term of office of his predecessor serves for the remainder of that term. Any appointment to fill a vacancy is subject to the requirements of section 1201 of this title. (c) Any member appointed for a 7-year term may not be reap- pointed to any following term but may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire under this section. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 326 PERSONNEL-RELATED LAWS (d) Any member may be removed by the President only for ineffi- ciency, neglect of duty, or malfeasance in office. ? 1203. Chairman; Vice Chairman (a) The President shall from time to time, appoint, by and with the advice and consent of the Senate, one of the members of the Merit Systems Protection Board as the Chairman of the Board. The Chairman is the chief executive and administrative officer of the Board. (b) The President shall from time to time designate one of the members of the Board as Vice Chairman of the Board. During the absence or disability of the Chairman, or when the office of Chair- man is vacant, the Vice Chairman shall perform the functions vested in the Chairman. (c) During the absence or disability of both the Chairman and Vice Chairman, or when the offices of Chairman and Vice Chair- man are vacant, the remaining Board member shall perform the functions vested in the Chairman. ? 1204. Special Counsel; appointment and removal The Special Counsel of the Merit Systems Protection Board shall be appointed by the President from attorneys, by and with the advice and consent of the Senate, for a term of 5 years. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of his predecessor serves for the remainder of the term. The Special Counsel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. ? 1205. Powers and functions of the Merit Systems Protection Board and Special Counsel (a) The .Merit Systems Protection Board shall- (1) hear, adjudicate, or provide for the hearing or adjudica- tion, of all matters within the jurisdiction of the Board under this title, section 2023 of title 38, or any other law, rule, or reg- ulation, and, subject to otherwise applicable provisions of law, take final action on any such matter; (2) order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce compliance with any such order; (3) conduct, from time to time, special studies relating to the civil service and to other merit systems in the executive branch, and report to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected; and (4) review, as provided in subsection (e) of this section, rules and regulations of the Office of Personnel Management. (b)(1) Any member of the Merit Systems Protection Board, the Special Counsel, any administrative law judge appointed by the Board under section 3105 of this title, and any employee of the Board designated by the Board may administer oaths, examine wit- nesses, take depositions, and receive evidence. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 PERSONNEL-RELATED LAWS 327 (2) Any member of the Board, the Special Counsel, and any ad- ministrative law judge appointed by the Board under section 3105 of this title may- (A) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States or any territory or posses- sion thereof, the Commonwealth of Puerto Rico, or the District of Columbia; and (B) order the taking of depositions and order responses to written interrogatories. (3) Witnesses (whether appearing voluntarily or under subpena) shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States. (c) In the case of contumacy or failure to obey a subpena issued under subsection (b)(2) of this section, the United States district court for the judicial district in which the person to whom the sub- pena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof. (d)(1) In any proceeding under subsection (a)(1) of this section, any member of the Board may request from the Director of the Office of Personnel Management an advisory opinion concerning the interpretation of any rule, regulation, or other policy directive promulgated by the Office of Personnel Management. (2) In enforcing compliance with any order under subsection (a)(2) of this section, the Board may order that any employee charged with complying with such order, other than any employee appoint- ed by the President by and with the advice and consent of the Senate, shall not be entitled to receive payment for service as an employee during any period that the order has not been complied with. The Board shall certify to the Comptroller General of the United States that such an order has been issued and no payment shall be made out of the Treasury of the United States for any service specified in such order. (3) In carrying out any study under subsection (a)(3) of this sec- tion, the Board shall make such inquiries as may be necessary and, unless otherwise prohibited by law, shall have access to personnel records or information collected by the Office and may require ad- ditional reports from other agencies as needed. (e)(1) At any time after the effective date of any rule or regula- tion issued by the Director in carrying out functions under section 1103 of this title, the Board shall review any provision of such rule or regulation- (A) on its own motion; (B) on the granting by the Board, in its sole discretion, of any petition for such review filed with the Board by any inter- ested person, after consideration of the petition by the Board; or (C) on the filing of a written complaint by the Special Coun- sel requesting such review. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 328 PERSONNEL-RELATED LAWS (2) In reviewing any provision of any rule or regulation pursuant to this subsection the Board shall declare such provision- (A) invalid on its face, if the Board determines that such pro- vision would, if implemented by any agency, on its face, re- quire any employee to violate section 2302(b) of this title; or (B) invalidly implemented by any agency, if the Board deter- mines that such provision, as it has been implemented by the agency through any personnel action taken by the agency or through any policy adopted by the agency in conformity with such provision, has required any employee to violate section 2302(b) of this title. (3)(A) The Director of the Office of Personnel Management, and the head of any agency implementing any provision of any rule or regulation under review pursuant to this subsection, shall have the right to participate in such review. (B) Any review conducted by the Board pursuant to this subsec- tion shall be limited to determining- (i) the validity on its face of the provision under review; and (ii) whether the provision under review has been validly im- plemented. (C) The Board shall require any agency- (i) to cease compliance with any provisions of any rule or regulation which the Board declares under this subsection to be invalid on its face; and (ii) to correct any invalid implementation by the agency of any provision of any rule or regulation which the Board de- clares under this subsection to have been invalidly implement- ed by the agency. (f) The Board may delegate the performance of any of its admin- istrative functions under this title to any employee of the Board. (g) The Board shall have the authority to prescribe such regula- tions as may be necessary for the performance of its functions. The Board shall not issue advisory opinions. All regulations of the Board shall be published in the Federal Register. (h) Except as provided in section 518 of title 28, relating to litiga- tion before the Supreme Court, attorneys designated by the Chair- man of the Board may appear for the Board, and represent the Board, in any civil action brought in connection with any function carried out by the Board pursuant to this title or as otherwise au- thorized by law. (i) The Chairman of the Board may appoint such personnel as may be necessary to perform the functions of the Board. Any ap- pointment made under this subsection shall comply with the provi- sions of this title, except that such appointment shall not be sub- ject to the approval or supervision of the Office of Personnel Man- agement or the Executive Office of the President (other than ap- proval required under section 3324 or subchapter VIII of chapter 33 of this title). (j) The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall, as revised, be included as a separate item in the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 PERSONNEL-RELATED LAWS 329 budget required to be transmitted to the Congress under section 1105 of title 31. (k) The Board shall submit to the President, and, at the same time,, to each House of the Congress, any legislative recommenda- tions of the Board relating to any of its functions under this title. ? 1206. Authority and responsibilities of the Special Counsel (a)(1) The Special Counsel shall receive any allegation of a pro- hibited personnel practice and shall investigate the allegation to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel practice has oc- curred, exists, or is to be taken, (2) If the Special Counsel terminates any investigation under paragraph (1) of this subsection, the Special Counsel shall prepare and transmit to any person on whose allegation the investigation was initiated a written statement notifying the person of the termi- nation of the investigation and the reasons therefor. (3) In addition to authority granted under paragraph (1) of this subsection, the Special Counsel may, in the absence of an allega- tion, conduct an investigation for the purpose of determining whether there are reasonable grounds to believe that. a prohibited personnel practice has occurred, exists, or is to be taken. (b)(1) In any case involving- (A) any disclosure of information by an employee or appli- cant for employment which the employee or applicant reason- ably believes evidences- (i) a violation of any law, rule, or regulation; or (ii) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; if the disclosure is not specifically prohibited by law and if the information is not specifically required by Executive order to be kept secret in the interest of national defense or the con- duct of foreign affairs; or (B) a disclosure by an employee or applicant for employment to the Special Counsel of the Merit Systems Protection Board, or to the Inspector General of an agency or another employee designated by a head of the agency to receive such disclosures of information which the employee or applicant reasonably be- lieves evidences- (i) a violation of any law, rule, or regulation; or (ii) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; the identity of the employee or applicant may not be disclosed without the consent of the employee or applicant during any inves- tigation under subsection (a) of this section or under paragraph (3) of this subsection, unless the Special Counsel determines that the disclosure of the identity of the employee or applicant is necessary in order to carry out the functions of the Special Counsel. (2) Whenever the Special Counsel receives information of the type described in paragraph (1) of this subsection, the Special Coun- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 sel shall promptly transmit such information to the appropriate agency head. (3)(A) In the case of information received by the Special Counsel under paragraph (1) of this section, if, after such review as the Spe- cial Counsel determines practicable (but not later than 15 days after the receipt of the information), the Special Counsel deter- mines that there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation, or mismanage- ment, gross waste of funds, abuse of authority, or substantial and specific danger to the public health or safety, the Special Counsel may, to the extent provided in subparagraph (B) of this paragraph, require the head of the agency to- (i) conduct an investigation of the information and any relat- ed matters transmitted by the Special Counsel to the head of the agency; and (ii) submit a written report setting forth the findings of the head of the agency within 60 days after the date on which the information is transmitted to the head of the agency or within any longer period of time agreed to in writing by the Special Counsel. (B) The Special Counsel may require an agency head to conduct an investigation and submit a written report under subparagraph (A) of this paragraph only if the information was transmitted to the Special Counsel by- (i) any employee or former employee or applicant for employ- ment in the agency which the information concerns; or (ii) any employee who obtained the information in connec- tion with the performance of the employee's duties and respon- sibilities. (4) Any report required under paragraph (3)(A) of this subsection shall be reviewed and signed by the head of the agency and shall include- (A) a summary of the information with respect to which the investigation was initiated; (B) a description of the conduct of the investigation; (C) a summary of any evidence obtained from the investiga- tion; (D) a listing of any violation or apparent violation of any law, rule, or regulation; and (E) a description of any corrective action taken or planned as a result of the investigation, such as- (i) changes in agency rules, regulations, or practices; (ii) the restoration of any aggrieved employee; (iii) disciplinary action against any employee; and (iv) referral to the Attorney General of any evidence of a criminal violation. (5)(A) Any such report shall be submitted to the Congress, to the President, and to the Special Counsel for transmittal to the com- plainant. Whenever the Special Counsel does not receive the report of the agency head within the time prescribed in paragraph (3)(A)(ii) of this subsection, the Special Counsel may transmit a copy of the information which was transmitted to the agency head to the President and to the Congress together with a statement Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I PERSVNNEL-RELATED LAWS 331 noting the failure of the head of the agency to file the required report. (B) In any case in which evidence of a criminal violation obtained by an agency in an investigation under paragraph (3) of this sub- section is referred to the Attorney General- (i) the report shall not be transmitted to the complainant; and (ii) the agency shall notify the Office of Personnel Manage- ment and the Office of Management and Budget of the refer- ral. (6) Upon receipt of any report of the head of any agency required under paragraph (3)(A)(II) of this subsection, the Special Counsel shall review the report and determine whether- (A) the findings of the head of the agency appear reasonable; and (B) the agency's report under paragraph (3)(A)(ii) of this sub- section contains the information required under paragraph (4) of this subsection. (7) Whenever the Special Counsel transmits any information to the head of the agency under paragraph (2) of this subsection but does not require an investigation under paragraph (3) of this sub- section, the head of the agency shall, within a reasonable time after the information was transmitted, inform the Special Counsel, in writing, of what action has been or is to be taken and when such action will be completed. The Special. Counsel shall inform the com- plainant of the report of the agency head. (8) Except as specifically authorized under this subsection, the provisions of this subsection shall not be considered to authorize disclosure of any information by any agency or any pers` oh which (A) specifically prohibited from disclosure by any other provi- sion of law; or (B) specifically required by Executive order to be kept secre in the interest of national defense or the conduct of foreign af- fairs. (9) In any case under subsection (b)(1)(B) of this section involving foreign intelligence or counterintelligence information the disclo- sure of which is specifically prohibited by law or by Executive order, the Special Counsel shall transmit such information to the Permanent Select Committee on Intelligence of the House of Rep- resentatives and the Select Committee on Intelligence of the Senate. (c)(1)(A) If, in connection with any investigation under this sec- tion, the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has oc- curred, exists, or is to be taken which requires corrective action, the Special Counsel shall report the determination together with any findings or recommendations to the Board, the agency in- volved, and to the Office, and may report the determination, find- ings, and recommendations to the President. The Special Counsel may include in the report recommendations as to what corrective action should be taken. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 332 PERSONNEL-RELATED LAWS (B) If, after a reasonable period, the agency has not taken the corrective action recommended, the Special Counsel may request the Board to consider the matter. The Board may order such cor- rective action as the Board considers appropriate, after opportunity for comment by the agency concerned and the Office of Personnel Management. (2)(A) If, in connection with any investigation under this section, the Special Counsel determines that there is reasonable cause to believe that a criminal violation by an employee has occurred, the Special Counsel shall report the determination to the Attorney General and to the head of the agency involved, and shall submit a copy of the report to the Director of the Office of Personnel Man- agement and the Director of the Office of Management and Budget. (B) In any case in which the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken, the Special Counsel may proceed with any investigation or proceeding instituted under this section notwithstanding that the alleged violation has been re- ported to the Attorney General. (3) If, in connection with any investigation under this section, the Special Counsel determines that there is reasonable cause to be- lieve that any violation of any law, rule, or regulation has occurred which is not referred to in paragraph (1) or (2) of this subsection, the violation shall be reported to the head of the agency involved. The Special Counsel shall require, within 30 days of the receipt of the report by the agency, a certification by the head of the agency which states- (A) that the head of the agency has personally reviewed the report; and (B) what action has been, or is to be, taken, and when the action will be completed. (d) The Special Counsel shall maintain and make available to the public a list of noncriminal matters referred to heads of agencies under subsections (b)(3)(A) and (c)(3) of this section, together with- (1) reports by the heads of agencies under subsection (b)(3)(A) of this section, in the case of matters referred under subsection (b); and (2) certifications by heads of agencies under subsection (c)(3), in the case of matters referred under subsection (c). The Special Counsel shall take steps to ensure that any such public list does not contain any information the disclosure of which is pro- hibited by law or by Executive order requiring that information be kept secret in the interest of national defense or the conduct of for- eign affairs. (e)(1) In addition to the authority otherwise provided in this sec- tion, the Special Counsel shall, except as provided in paragraph (2) of this subsection, conduct an investigation of any allegation con- cerning- (A) political activity prohibited under subchapter III of chap- ter 73 of this title, relating to political activities by Federal em- ployees; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 PERSONNEL-RELATED LAWS 333 (B) political activity prohibited under chapter 15 of this title, relating to .political activities by certain State and local officers and employees; (C) arbitrary or capricious withholding of information pro- hibited under section 552 of this title, except that the Special Counsel shall make no investigation under this subsection of any withholding of foreign intelligence or counterintelligence information the disclosure of which is specifically prohibited by law or by Executive order; (D) activities prohibited by any civil service law, rule, or reg- ulation, including any activity relating to political intrusion in personnel decisionmaking; and (E) involvement by any employees in any prohibited discrim- ination found by any court or appropriate administrative au- thority to have occurred in the course of any personnel action. (2) The Special Counsel shall make no investigation of any alle- gation of any prohibited activity referred to in paragraph (1)(D) or (1)(E) of this subsection if the Special Counsel determines that the allegation may be resolved more appropriately under an adminis- trative appeals procedure. (f) During any investigation initiated under this section, no disci- plinary action shall be taken against any employee for any alleged prohibited activity under investigation or for any related activity without the approval of the Special Counsel. (g)(1) Except as provided in paragraph (2) of this subsection, if the Special Counsel determines that disciplinary action should be taken against any employee- (A) after any investigation under this section, or (B) on the basis of any knowing and willful refusal or failure by an employee to comply with an order of the Merit Systems Protection Board, the Special Counsel shall prepare a written complaint against the employee containing his determination, together with a statement of supporting facts, and present the complaint and statement to the employee and the Merit Systems Protection Board in accordance with section 1207 of this title. (2) In the case of an employee in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States), the complaint and statement referred to in paragraph (1) of this sub- section, together with any response by the employee, shall . be pre- sented to the President for appropriate action in lieu of being pre- sented under section 1207 of this title. (h) If the Special Counsel believes there is a pattern of prohibited personnel practices and such practices involve matters which are not otherwise appealable to the Board under section 7701 of this title, the Special Counsel may seek corrective action by filing a written complaint with the Board against the agency or employee involved and the Board shall order such corrective action as the Board determines necessary. (i) The Special Counsel may as a matter of right intervene or oth- erwise participate in any proceeding before the Merit Systems Pro- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 tection Board, except that the Special Counsel shall comply with the rules of the Board and the Special Counsel shall not have any right of judicial review in connection with such intervention. (j)(1) The Special Counsel may appoint the legal, administrative, and support personnel necessary to perform the functions of the Special Counsel. (2) Any appointment made under this subsection shall comply with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Per- sonnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VIII of chapter 33 of this title). (k) The Special Counsel may prescribe regulations relating to the receipt and investigation of matters under the jurisdiction of the Special Counsel. Such regulations shall be published in the Federal Register. (1) The Special Counsel shall not issue any advisory opinion con- cerning any law, rule, or regulation (other than an advisory opin- ion concerning chapter 15 or subchapter III of chapter 73 of this title). (m) The Special Counsel shall submit an, annual report to the Congress on the activities of the Special Counsel, including the number, types, and disposition of allegations of prohibited person- nel practices filed with it, investigations conducted by it, and ac- tions initiated by it before the Board, as well as a description of the recommendations and reports made by it to other agencies pursu- ant to this section, and the actions taken by the agencies as a result of the reports or recommendations. The report required by this subsection shall include whatever recommendations for legisla- tion or other action by Congress the Special Counsel may deem ap- propriate. ? 1207. Hearing and decisions on complaints filed by the Special Counsel (a) Any employee against whom a complaint has been presented to the Merit Systems Protection Board under section 1206(g) of this title is entitled to- (1) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; (2) be represented by an attorney or other representative; (3) a hearing before the Board or an administrative law judge appointed under section 3105 of this title and designated by the Board; (4) have a transcript kept of any hearing under paragraph (3) of this subsection; and (5) a written decision and reasons therefor at the earliest practicable date, including a copy of any final order imposing disciplinary action. (b) A final order of the Board may impose disciplinary action con- sisting of removal, reduction in grade, debarment from Federal em- ployment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I PERSONNEL-RELATED LAWS 335 (c) There may be no administrative appeal from an order of the Board. An employee subject to a final order imposing disciplinary action under this section may obtain judicial review of the order in the United States court of appeals for the judicial circuit in which the employee resides or is employed at the time of the action. (d) In the case of any State or local officer or employee under chapter 15 of this title, the Board shall consider the case in accord- ance with the provisions of such chapter. ? 1208. Stays of certain personnel actions (a)(1) The Special Counsel may request any member of the Merit Systems Protection Board to order a stay of any personnel action for 15 calendar days if the Special Counsel determines that there are reasonable grounds to believe that the personnel action was taken, or is to be taken, as a result of a prohibited personnel prac- tice. (2) Any member of the Board requested by the Special Counsel to order a stay under paragraph (1) of this subsection shall order such stay unless the member determines that, under the facts and cir- cumstances involved, such a stay would not be appropriate. (3) Unless denied under paragraph (2) of this subsection, any stay under this subsection shall be granted within 3 calendar days (ex- cluding Saturdays, Sundays, and legal holidays) after the date of the request for the stay by the Special Counsel. (b) Any member of the Board may, on the request of the Special Counsel, extend the period of any stay ordered under subsection (a) of this section for a period of not more than 30 calendar days. (c) The Board may extend the period of any stay granted under subsection (a) of this section for any period which the Board consid- ers appropriate, but only if the Board concurs in the determination of the Special Counsel under such subsection, after an opportunity is provided for oral or written comment by the Special Counsel and the agency involved. ? 1209. Information (a) Notwithstanding any other provision of law or any rule, regu- lation or policy directive, any member of the Board, or any employ- ee of the Board designated by the Board, may transmit to the Con- gress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and views on func- tions, responsibilities, or other matters relating to the Board, with- out review, clearance, or approval by any other administrative au- thority. (b) The Board shall submit an annual report to the President and the Congress on its activities, which shall include a description of significant actions taken by the Board to carry out its functions under this title. The report shall also review the significant actions of the Office of Personnel Management, including an analysis of whether the actions of the Office of Personnel Management are in accord with merit system principles and free from prohibited per- sonnel practices. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 SECTION 205 OF THE ETHICS IN GOVERNMENT ACT OF 1978 (5 U.S.C. APP.) (PUBLIC ACCESS TO EXECUTIVE PERSON- NEL FINANCIAL DISCLOSURE REPORTS; EXEMPTIONS) SEC. 205. (a) Each agency shall make each report filed with it under this title available to the public in accordance with the pro- visions of subsection (b) of this section, together with a copy of the official position description of the Government office or position held by the reporting individual involved (if available) which shall be added to such report by such individual's designated agency offi- cial or by the Secretary concerned, except that this section does not require public availability of the report filed by any individual in the Central Intelligence Agency, the Defense Intelligence Agency, or the National Security Agency, or any individual engaged in in- telligence activities in any agency of the United States, if the Presi- dent finds that, due to the nature of the office or position occupied by such individual, public disclosure of such report would, by re- vealing the identity of the individual or other sensitive informa- tion, compromise the national interest of the United States. In ad- dition, such individuals may be authorized, notwithstanding section 204(a), to file such additional reports as are necessary to protect their identity from public disclosure if the President first finds that such filing is necessary in the national interest. (b)(1) Each agency shall, within fifteen days after any report is received by the agency under this title, permit inspection of such report by or furnish a copy of such report to any person requesting such inspection or copy. The agency may require a reasonable fee to be paid in any amount which is found necessary to recover the cost of reproduction or mailing of such report excluding any salary of any employee involved in such reproduction or mailing. A copy of such report may be furnished without charge or at a reduced charge if it is determined that waiver or reduction of the fee is in the public interest. (2) Notwithstanding paragraph (1), a report may not be made available under this section to any person nor may any copy there- of be provided under this section to any person except upon a writ- ten application by such person stating- (A) that person's name, occupation and address; (B) the name and address of any other person or organiza- tion on whose behalf the inspection or copy is requested; and (C) that such person is aware of the prohibitions on the ob- taining or use of the report. Any such application shall be made available to the public throughout the period during which the report is made available to the public. (c)(1) It shall be unlawful for any person to obtain or use a report- (A) for any unlawful purpose; (B) for any commercial purpose, other than by news and communications media for dissemination to the general public; (C) for determining or establishing the credit rating of any individual; or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I PERSONNEL-RELATED LAWS 337 (D) for use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose. (2) The Attorney General may bring a civil action against any person who obtains or uses a report for any purpose prohibited in paragraph (1) of this subsection. The court in which such action is brought may assess against such person a penalty in any amount not to exceed $5,000. Such remedy shall be in addition to any other remedy available under statutory or common law. (d) Any report filed with an agency, or transmitted to the Direc- tor of the Office of Government Ethics, pursuant to this title shall be retained by such agency or the Office of Government Ethics, or both, as the case may be. Such report shall be made available to the public for a period of six years after receipt of the report. After such six-year period the report shall be destroyed unless needed in an ongoing investigation, except that in the case of an individual who filed the report pursuant to section 201(b) and was not subse- quently confirmed by the Senate, or who filed the report pursuant to section 201(c) and was not subsequently elected, such reports shall be destroyed one year after the individual either is no longer under consideration by the Senate or is no longer a candidate for nomination or election to the Office of President or Vice President unless needed in an ongoing investigation. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 J. MISCELLANEOUS RELEVANT LAWS NATIONAL EMERGENCIES ACT (Public Law 94-412, 50 U.S.C. 1601-1651, 90 Stat. 1255, approved September 14, 1976) AN ACT To terminate certain authorities with respect to national emergencies still in effect, and to provide for orderly implementation and termination of future na- tional emergencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Emergencies Act". TITLE I-TERMINATING EXISTING DECLARED EMERGENCIES SEC. 101. (a) All powers and authorities possessed by the Presi- dent, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, United States Code, as a result of the existence of any declaration of na- tional emergency in effect on the date of enactment of this Act are terminated two years from the date of such enactment. Such termi- nation shall not affect- (1) any action taken or proceeding pending not finally con- cluded or determined on such date; (2) any action or proceeding based on any act committed prior to such date; or (3) any rights or duties that matured or penalties that were incurred prior to such date. (b) For the purpose of this section, the words "any national emer- gency in effect" means a general declaration of emergency made by the President. TITLE II-DECLARATIONS OF FUTURE NATIONAL EMERGENCIES SEC. 201. (a) With respect to Acts of Congress authorizing the ex- ercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be trans- mitted. to the Congress and published in the Federal Register. (b) Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emer- gency, and (2) only in accordance with this Act. No law .enacted after the date of enactment of this Act shall supersede this title Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 340 RELEVANT LAWS unless it does so in specific terms, referring to this title, and declar- ing that the new law supersedes the provisions of this title. SEC. 202. (a) Any national emergency declared by the President in accordance with this title shall terminate if- (1) Congress terminates the emergency by concurrent resolu- tion; or (2) the President issues a proclamation terminating the emergency. Any national emergency declared by the President shall be termi- nated on the date specified in any concurrent resolution referred to in clause (1) or on the date specified in a proclamation by the Presi- dent terminating the emergency as provided in clause (2) of this subsection, whichever date is earlier, and any powers or authorities exercised by reason of said emergency shall cease to be exercised after such specified date, except that such termination shall not affect- (A) any action taken- or proceeding pending not finally con- cluded or determined on such date; (B) any action or proceeding based on any act committed prior to such date; or (C) any rights- or duties that matured or penalties that were incurred prior to such date. (b) Not later than six months after a national emergency is de- clared, and not later than the end of each six-month period thereaf- ter that such emergency continues, each House of Congress shall meet to consider a vote on a concurrent resolution to determine whether that emergency shall be terminated. (c)(1) A concurrent resolution to terminate a national emergency declared by the President shall be referred to the appropriate com- mittee of the House of Representatives or the Senate, as the case may be. One such concurrent resolution shall be reported out by such committee together with its recommendations within fifteen calendar days after the day on which such resolution is referred to such committee, unless such House shall otherwise determine by the yeas and nays. (2) Any concurrent resolution so reported shall become the pend- ing business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the. opponents) and shall be voted on within three calendar days after the day on which such resolution is reported, unless such House shall otherwise determine by yeas and nays. (3) Such a concurrent resolution passed by one House shall be re- ferred to the appropriate committee of the other House and shall be reported out by such committee together with its recommenda- tions within fifteen calendar days after the day on which such reso- lution is referred to such committee and shall thereupon become the pending business of such House and shall be voted upon within three calendar days after the day on which such resolution is re- ported, unless such House shall otherwise determine by yeas and nays. (4) In the case of any disagreement between the two Houses of Congress with respect to a concurrent resolution passed by both Houses, conferees shall be promptly appointed and the committee Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I RELEVANT LAWS 341 of conference shall make and file a report with respect to such con- current resolution within six calendar days after the day on which managers on the part of the Senate and the House have been ap- pointed. Notwithstanding any rule in either House concerning the printing of conference reports or concerning any delay in the con- sideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed in the House in which such report is filed first. In the event the conferees are unable to agree within forty-eight hours, they shall report back to their respective Houses in disagreement. (5) Paragraphs (1)-(4) of this subsection, subsection (b) of this sec- tion, and section 502(b) of this Act are enacted by Congress- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the House in the case of resolutions described by this subsec- tion; and they supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (d) Any national emergency declared by the President in accord- ance with this title, and not otherwise previously terminated, shall terminate on the anniversary of the declaration of that emergency if, within the ninety-day period prior to each anniversary date, the President does not publish in the Federal Register and transmit to the Congress a notice stating that such emergency is to continue in effect after such anniversary. TITLE III-EXERCISE OF EMERGENCY POWERS AND AUTHORITIES SEC. 301. When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress. TITLE IV-ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT SEC. 401. (a) When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the Presi- dent, including Executive orders and proclamations, and each Exec- utive agency shall maintain a file and index of all rules and regula- tions, issued during such emergency or war issued pursuant to such declarations. (b) All such significant orders of the President, including Execu- tive orders, and such rules and regulations shall be transmitted to Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 342 RELEVANT LAWS the Congress promptly under means to assure confidentiality where appropriate. (c) When the President declares a national emergency or Con- gress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such decla- rations, a report on the.total expenditures incurred by the United States Government during such six-month period which are direct- ly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termina- tion of each such emergency or war, the President shall transmit a final report on all such expenditures. TITLE V-REPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND OTHER STATUTES SEC. 501. (a) Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)) is amended- (1) at the end of paragraph (9), by striking out "; or" and in- serting in lieu thereof a period; and (2) by striking out paragraph (10). (b) Section 2667(b) of title 10 of the United States Code is amend- ed- (1) by inserting "and"-'at the end of paragraph (3); (2) by striking out paragraph (4); and (3) by redesignating paragraph (5) as (4). (c) The joint resolution entitled "Joint resolution to authorize the temporary continuation of regulation of consumer credit", ap- proved August 8, 1947 (12 U.S.C. 249), is repealed. (d) Section 5(m) of the Tennessee Valley Authority Act of 1933 as amended (16 U.S.C. 831d(m)) is repealed. (e) Section 1383 of title 18, United States Code, is repealed. (f) Section 6 of the Act entitled "An Act to amend the Public Health Service Act in regard to certain matters of personnel and administration, and for other purposes", approved February 28, 1948, is amended by striking out subsections (b), (c), (d), (e), and (f) (42 U.S.C. 211b). (g) Section 9 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1742) is repealed. (h) This section shall not affect- (1) any action taken or proceeding pending not finally con- cluded or determined at the time of repeal; (2) any action or proceeding based on any. act committed prior to repeal; or (3) any rights or duties that matured or penalties that were incurred prior to repeal; SEC. 502. (a) The provisions of this Act shall not apply to the fol- lowing provisions of law, the powers and authorities conferred thereby, and actions taken thereunder: (1) * * * [Repealed-1977] (2) Act of April 28, 1942 (40 U.S.C. 278b); (3) Act of June 30, 1949 (41 U.S.C. 252); (4) Section 3477 of the Revised Statutes, as amended (31 U.S.C. 203); Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 RELEVANT LAWS 343 (5) Section 3737 of the Revised Statutes, as amended (41 U.S.C. 15); (6) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431-1435); (7) Section 2304(a)(1) of title 10, United States Code; (8) Sections 3313, 6386(c), and 8313 of title 10, United States Code. (b) Each committee of the House of Representatives and the Senate having jurisdiction with respect to any provision of law re- ferred to in subsection (a) of this section shall make a complete study and investigation concerning that provision of law and make a report, including any recommendations and proposed revisions such committee may have, to its respective House of Congress within two hundred and seventy days after the date of enactment of this Act. WAR POWERS RESOLUTION (Public Law 93-148 [H.J. Res. 542], 87 Stat. 555, 50 U.S.C. 1541-1548) JOINT RESOLUTION Concerning the war powers of Congress and the President. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This joint resolution may be cited as the "War Powers Resolution". SEC. 2. (a) It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involve- ment in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations. (b) Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof. (c) The constitutional powers of the President as Commander-in- Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a na- tional emergency created by attack upon the United States, its ter- ritories or possessions, or its armed forces. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 344 RELEVANT LAWS SEC. 3. The President in every possible instance shall consult with Congress before introducing United,States Armed Forces into hostilities or into situations where imminent involvement in hostil- ities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no -longer engaged in hostilities or have been removed from such situations. SEC. 4. (a) In the absence of a declaration of war, in any case in which United States Armed Forces are introduced- (1) into hostilities or into situations where imminent involve- ment in hostilities is clearly indicated by the circumstances; (2) into the territory, airspace of waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or (3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth- (A) the circumstances necessitating the introduction of United States Armed Forces; (B) the constitutional and legislative authority under which such introduction took place; and (C) the estimated scope and duration of the hostilities or in- volvement. (b) The President shall provide such other information as the Congress may request in the fulfillment of its constitutional re- sponsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad. (c) Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Con- gress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months. CONGRESSIONAL ACTION SEC. 5. (a) Each report submitted pursuant to section 4(a)(1) shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day. Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Com- mittee on Foreign Relations of the Senate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 KLLLVANT LAWS 345 days, the Speaker of the House of Representatives and the Presi- dent pro tempore of the Senate, if they deem it advisable (or if peti- tioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section. (b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President deter- mines and certifies to the Congress in writing that- unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces. (c) Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a decla- ration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concur- rent resolution. SEC. 6. (a) Any joint resolution or bill introduced pursuant to sec- tion 5(b) at least thirty calendar days before the expiration of the sixty-day period specified in such section shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and such committee shall report one such joint resolution or bill, together with its recommendations, not later than twenty-four calendar days before the expiration of the sixty-day period specified in such section, unless such House shall otherwise determine by the yeas and nays. (b) Any joint resolution or bill so reported shall become the pend- ing business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays. (c) Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out not later than fourteen calendar days before the expiration of the sixty-day period specified in section 5(b). The joint resolution or bill so reported shall become the pend- ing business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays. 70-116 0 - 87 - 12 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 JAM KtLtVANT LAWS (d) In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such res- olution or bill not later than four calendar days before the expira- tion of the sixty-day period specified in section 5(b). In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement. Notwithstanding any rule in either House concerning the printing of conference re- ports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than the expiration of such sixty-day period. CONGRESSIONAL PRIORITY PROCEDURES FOR CONCURRENT RESOLUTION SEC. 7. (a) Any concurrent resolution introduced pursuant to sec- tion 5(c) shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Rela- tions of the Senate, as the case may be, and one such concurrent resolution shall be reported out by such committee together with its recommendations within fifteen calendar days, unless such House shall otherwise determine by the yeas and nays. (b) Any concurrent resolution so reported shall become the pend- ing business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays. (c) Such a concurrent resolution passed by one House shall be re- ferred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its rec- ommendations within fifteen calendar days and shall thereupon become the pending business of such House and shall be voted upon within three calendar days, unless such House shall other- wise determine by yeas and nays. (d) In the case of any disagreement between the two Houses of Congress with respect to a concurrent resolution passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such con- current resolution within six calendar days after the legislation is referred to the committee of conference. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such re- ports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed. In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement. INTERPRETATION OF JOINT RESOLUTION SEC. 8. (a) Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred- (1) from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I RLLt MIVT LAWS 347 any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory author- ization within the meaning of this joint resolution; or (2) from any treaty. heretofore or hereafter ratified unless such treaty.is implemented by legislation specifically authoriz- ing the introduction of United States Armed Forces into hostil- ities or ..into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution. (b) Nothing in this joint resolution shall be construed to require any further specific statutory authorization to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquar- ters operations of high-level military commands which were estab- lished prior to the date of enactment of this joint resolution and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date. (c) For purposes of this joint resolution, the term "introduction of United States Armed Forces" includes the assignment of members of such. armed forces to command, coordinate, participate in the movement of, or accompany the. regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities. (d) Nothing in this joint resolution- (1) is intended to alter the constitutional authority of the Congress or of the President, or the provisions of existing trea- ties; or (2) shall be construed as granting any authority to the Presi- dent with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution. SEC. 9. If any provision of this joint resolution or the application thereof to any person or circumstances is held invalid, the remain- der of the joint resolution and the application of such provision to any other person or circumstance shall not be affected thereby. SEC. 10. This joint resolution shall take effect on the date of its enactment. (22 U.S.C. 2776) SEC. 36. REPORTS ON COMMERCIAL AND GOVERNMENTAL MILITARY EXPORTS; CONGRESSIONAL ACTION.-(a) The President shall transmit Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 09o KtLtVANT LAWS to the Speaker of the House of Representatives and to the chair- man of the Committee on Foreign Relations of the Senate not more than sixty days after the end of each quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) of this subsection may be listed in such adden- dum unless such letter of offer has been the subject of an unclassi- fied certification pursuant to subsection (b)(1) of this section) con- taining- (1) a listing of all letters of offer to sell any major defense equipment for $1,000,000 or more under this Act to each for- eign country and international organization, by category, if such letters of offer have not been accepted or cancelled; (2) a listing of all such letters of offer that have been accept- ed during the fiscal year in which such report is submitted, to- gether with the total value of all defense articles and defense services sold to each foreign country and international organi- zation during such fiscal year; (3) the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under section 23 and guaranty agreements under section 24 made during the fiscal year in which such report is submitted; (4) a numbered listing of all licenses and approvals for the export to each foreign country and international organization during such fiscal year of commercially sold major defense equipment, by category, sold for $1,000,000 or more, together with the total value of all defense articles and defense services so licensed for each foreign country and international organi- zation, setting forth, with respect to the listed major, defense equipment- (A) the items to be exported under the license, (B) the quantity and contract price of each such item to be furnished, and (C) the name and address of the ultimate user of each such item; (5) projections of the dollar amounts, by foreign country and international organization, of sales expected to be made under sections 21 and 22 in the quarter of the fiscal year immediately following .the quarter for which such report is submitted; (6) a projection with respect to all sales expected to be made to each country and organization for the remainder of the fiscal year in which such report is transmitted; (7) an estimate of- (A) the number of United States military personnel, the number of United States Government civilian personnel, and the number of United States civilian contract person- nel, who were in each foreign country at the end of that quarter, and (B) the number of members of each such category of per- sonnel who were in each foreign country at any time during that quarter, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 n?LvANT LAWS 349 in implementation of sales and commerical exports under this Act or of assistance under chapter 2, 5, 6, or 8 of part II of the Foreign Assistance Act of 1961, including both personnel as- signed to the country and personnel temporarily in the country by detail or otherwise; (8) a description of each payment, contribution, gift, commis- sion, or fee reported to the Secretary of State under section 39, including (A) the name of the person who made such payment, contribution, gift, commission, or fee; (B) the name of any sales agent or other person to whom such payment, contribution, gift, commission, or fee was paid; (C) the date and amount of such payment, contribution, gift, commission, or fee; (D) a de- scription of the sale in connection with which such payment, contribution, gift, commission, or fee was paid; and (E) the identification of any business information considered confiden- tial by the person submitting it which is included in the report; and (9) a listing of each sale under section 29 during the quarter for which such report is made, specifying (A) the purchaser, (B) the United States Government department or agency responsi- ble for implementing the sale, (C) an estimate of the dollar amount of the sale, and (D) a general description of the real property facilities to be constructed pursuant to such sale. (10) * * * [Repealed-1981] For each letter of offer to sell under paragraphs (1) and (2), the report shall specify (i) the foreign country or international organi- zation to which the defense article or service is offered or was sold, as the case may be; (ii) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (iii) a description of the defense article or service offered or sold, as the case may be; and (iv) the United States Armed Forces or other agency of the United States which is making the offer to sell or the sale, as the case may be. (b)(1) In the case of any letter of offer to sell any defense articles or services under this Act for $50,000,000 or more, any design and construction services for $200,000,000 or more, or any major de- fense equipment for $14,000,000 or more, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through (iv) of subsection (a), or (in the case of a sale of design and construction services) the information specified in clauses (A) through (D) of paragraph (9) of subsection (a), and a description, containing the information specified in paragraph (8) of subsection (a), of any contribution, gift, commission, or fee paid or offered or agreed to be paid in order to solicit, promote, or otherwise to secure such letter of offer. Such numbered certifications shall also contain an item, classified if necessary, identifying the sensitivity of tech- nology contained in the defense articles, defense services, or design and construction services proposed to be sold, and a detailed justifi- cation of the reasons necessitating the sale of such articles or serv- ices in view of the sensitivity of such technology. In addition, the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 JJV rLLLvMNT. LAWS President shall, upon the. request of such committee or the Com- mittee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request- (A) a detailed description of the defense articles, defense services, or design and construction services to be offered, in- cluding a brief description of the capabilities of any defense ar- ticle to be offered; (B) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale; (C) the name of each contractor expected to provide the de- fense article, defense service, or design and construction serv- ices proposed to be sold (if known on the date of transmittal of such statement); (D) an evaluation, prepared by the Director of the Arms Con- trol and Disarmament Agency in consultation with the Secre- tary of State and the Secretary of Defense, of the manner, if any, in which the proposed sale would- (i) contribute, to an arms race; (ii) increase the possibility of an outbreak or escalation of conflict; (iii) prejudice the negotiation of any arms controls; or (iv) adversely affect the arms control policy of the United ,States; (E) the reasons why the foreign country or international or- ganization to which the sale is proposed to be made needs the defense articles, defense services, or design and construction services which are the subject of such sale and a description of how such country or organization intends to use such defense articles, defense services, or design and construction services; (F) an analysis by the President of the impact of the pro- posed sale on the military stocks-and the military prepared- ness of the United States; (G) the reasons why the proposed sale is in the national in- terest of the United States; (H) an analysis by the President of the impact. of the pro- posed sale on the military capabilities of the foreign country or international organization to which such sale would be made; (I) an analysis by the President of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles, defense services, or design and construction services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles, de- fense services, or design and construction services; (J) an estimate of the levels of trained personnel and mainte- nance facilities of the foreign country or international organi- zation to which the sale would-be made which are needed and available to utilize effectively the defense articles, defense serv- ices, or design and construction services proposed to be sold; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : C1A-RDP90-00530R000300580001 _0 kNT LAWS 351 (K) an analysis of the extent to which comparable kinds and amounts of defense articles, defense services, or design and construction services are available from other countries; (L) an analysis of the impact of the proposed sale on United States relations with the countries in the region to which the defense articles, defense services, or design and construction services which are the subject of such sale would be delivered; (M) a detailed description of any agreement proposed to be entered into by the United States for the purchase or acquisi- tion by the United States of defense articles, defense services, design and construction services or defense equipment, or other articles, services, or equipment of the foreign country or international organization in connection with, or as consider- ation for, such letter of offer, including an analysis of the impact of such proposed agreement upon United States busi- ness concerns which might otherwise have provided such arti- cles, services, or equipment to the United States, an estimate of the costs to be incurred by the United States in connection with such agreement compared with costs which would other- wise have been incurred, an estimate of the economic impact and unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and such domestic economic impact justify entering into such pro- posed agreement; (N) the projected delivery dates of the defense articles, de- fense services, or design and construction services to be offered; (0) a detailed description of weapons and levels of munitions that may be required as support for the proposed sale; and (P) an analysis of the relationship of the proposed sale to projected procurements of the same item. A certification transmitted pursuant to this subsection shall be un- classified, except that the information specified in clause (ii) and the details of the description specified in clause (iii) of subsection (a) may be classified if the public disclosure thereof would be clear- ly detrimental to the security of the United States. The letter of offer shall not be issued, with respect to a proposed sale to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, if the Congress, within fifteen calendar days after receiving such certification, or with respect to a proposed sale to any other country or organiza- tion, if the Congress within thirty calendar days after receiving such certification, enacts a joint resolution prohibiting the pro- posed sale, unless the President states in his certification that an emergency exists which requires such sale in the national security interests of the United States. If the President states in his certifi- cation that an emergency exists which requires the proposed sale in the national security interest of the United States, thus waiving the congressional review requirements of this subsection, he shall set forth in the certification a detailed justification for his determi- nation, including a description of the emergency circumstances which necessitate the immediate issuance of the letter of offer and a discussion of the national security interests involved. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0.4NT LAWS (2) Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the Internation- al Security Assistance and Arms Export Control Act of 1976, except that for purposes of consideration of any joint resolution with re- spect to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, it shall be in order in the Senate to move to discharge a committee to which such joint resolution was referred if such committee has not reported such joint resolution at the end of five calendar days after its introduction. (3) For the purpose of expediting the consideration and enact- ment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. (4) In addition to the other information required to be contained in a certification submitted to the Congress under this subsection, each such certification shall cite any quarterly report submitted pursuant to section 28 of this Act which listed a price and avail- ability estimate, or a request for the issuance of a letter of offer, which was a basis for the proposed sale which is the subject of such certification. (5)(A) If, before the delivery of any major defense article or major defense equipment, or the furnishing of any defense service or design and construction service, sold pursuant to a letter of offer described in paragraph (1), the sensitivity of technology or the ca- pability of the article, equipment, or service is enhanced or upgrad- ed from the level of sensitivity or capability described in the num- bered certification with respect to an offer to sell such article, equipment, or service, then, at least 45 days before the delivery of such article or equipment or the furnishing of such service, the President shall prepare and transmit to the chairman of the Com- mittee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report- (i) describing the manner in which the technology or capabil- ity has been enhanced or upgraded and describing the signifi- cance of such enhancement or upgrade; and (ii) setting forth a detailed justification for such enhance- ment or upgrade. (B) The provisions of subparagraph (A) apply to an article or equipment delivered, or a service furnished, within ten years after the transmittal to the Congress of a numbered certification with re- spect to the sale of such article, equipment, or service. (C) If the enhancement or upgrade in the sensitivity of technolo- gy or the capability of major defense equipment, defense articles, defense services, or design and construction services described in a numbered certification submitted under this subsection costs $14,000,000 or more in the case of any major defense equipment, $50,000,000 or more in the case of defense articles or defense serv- ices, or $200,000,000 or more in the case of design or construction services, then the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 1 RELEVANT LAWS 353 Foreign Relations of the Senate a new numbered certification which relates to such enhancement or upgrade and which shall be considered for purposes of this subsection as if it were a separate letter of offer to sell defense equipment, articles, or services, sub- ject to all of the requirements, restrictions, and conditions set forth in this subsection. For purposes of this subparagraph, references in this subsection to sales shall be deemed to be references to en- hancements or upgrades in the sensitivity of technology or the ca- pability of major defense equipment, articles, or services, as the case may be. (D) For the purposes of subparagraph (A), the term "major de- fense article" shall be construed to include electronic devices, which if upgraded, would enhance the mission capability of a weap- ons system. (c)(1) In the case of an application by a person (other than with regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense equipment sold under a contract in the amount of $14,000,000 or more or of defense articles or defense services sold under a contract in the amount of $50,000,000 or more, before issuing such license the President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate an unclassified numbered certification with respect to such application specifying (A) the foreign country or international organization to which such export will be made, (B) the dollar amount of the items to be exported, and (C) a description of the items to be exported. In addition, the President shall, upon the request of such committee or the Committee on International Relations of the House of Repre- sentatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request a description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection with the items to be exported and an analysis of the arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in clause (B) and the details of the description specified in clause (C) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. (2) Unless the President states in his certification that an emer- gency exists which requires the proposed export in the national se- curity interests of the United States, a license for export described in paragraph (1)- (A) shall not be issued until at least 30 calendar days after the Congress receives such certification; and (B) shall not be issued then if the Congress, within such 30- day period, enacts a joint resolution prohibiting the proposed export, except that this subparagraph does not apply with re- spect to a license issued for an export to the North Atlantic Treaty Organization, any member country of that Organiza- tion, Japan, Australia, or New Zealand. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 CIA-RDP90-00530R000300580001 -0 WANT LAWS If the President states in his certification that an emergency exists which requires the proposed export in the national security inter- ests of the United States, thus waiving the requirements of sub- paragraphs (A) and (B) of this paragraph, he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the export license and a discussion of the na- tional security interests involved. (3)(A) Any joint resolution under this subsection shall be consid- ered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (B) For the purpose of expediting the consideration and enact- ment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. (d) In the case of an approval under section 38 of this Act of a United States commercial technical assistance or manufacturing li- censing agreement for or in a country not a member of the North Atlantic Treaty Organization which involves the manufacture abroad of any item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit a certification with respect to such proposed commer- cial agreement in a manner similar to the certification required under subsection (c)(1) containing comparable information, except that the last sentence of such subsection shall not apply to certifi- cations submitted pursuant to this subsection. MISCELLANEOUS PROVISIONS FROM THE FOREIGN ASSISTANCE -ACT OF 1961 CHAPTER 1-POLICY SEC. 501. STATEMENT OF POLICY.-The Congress of the United States reaffirms the policy of the United States to achieve interna- tional peace and security through the United Nations so that armed force shall not be used except for individual or collective self-defense. The Congress hereby finds that the efforts of the United States and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid. It is the purpose of this part to authorize measures in the common defense against in- ternal and external aggression, including the furnishing of military assistance, upon request, to friendly countries and international or- ganizations. In furnishing such military assistance, it remains the policy of the United States to continue to exert maximum efforts to achieve universal control of weapons of mass destruction and uni- versal regulation. and reduction of armaments, including armed forces, under adequate safeguards to protect complying countries against violation and invasion. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 i4T LAWS 355 The Congress recognizes that the peace of the world and the se- curity of the United States are endangered so long as international communism and the countries it controls continue by threat of military action, by the use of economic pressure, and by internal subversion, or other means to attempt to bring under their domina- tion peoples now free and independent and continue to deny the rights of freedom and self-government to peoples and countries once free but now subject to such domination. It is-the sense of the Congress that an important contribution toward peace would be made by the establishment under the Orga- nization of American States of an international military force. In enacting this legislation, it is therefore the intention of the Congress to promote the peace of the world and the foreign policy, security, and general welfare of the United States by fostering an improved climate of political independence and individual liberty, improving the ability of friendly countries and international orga- nizations to deter or, if necessary, defeat Communist or Commu- nist-supported aggression, facilitating arrangements for individual and collective security, assisting friendly countries to maintain in- ternal security, and creating an environment of security and stabil- ity in the developing friendly countries essential to their more rapid social, economic, and political progress. The Congress urges that all other countries able to contribute join in a common under- taking to meet the goals stated in this part. It is the sense of the Congress that in the administration of this part priority shall be given to the needs of those countries in danger of becoming victims of active Communist or Communist- supported aggression or those countries in which the internal secu- rity is threatened by Communist-inspired or Communist-supported internal subversion. Finally, the Congress reaffirms its full support of the progress of the members of the North Atlantic Treaty Organization toward in- creased cooperation in political, military, and economic affairs. In particular, the Congress welcomes the steps which have been taken to promote multilateral programs of coordinated procurement, re- search, development, and production of defense articles and urges that such programs be expanded to the fullest extent possible to further the defense of the North Atlantic area. SEC. 502. UTILIZATION OF DEFENSE ARTICLES AND SERVICES.-De- fense articles and defense services to any country shall be fur- nished solely for internal security, for legitimate self-defense, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security, or for the purpose of assisting foreign military forces in less developed friendly countries (or the voluntary efforts of person- nel of the Armed Forces of the United States in such countries) to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Congress that such foreign military forces should not be maintained or established solely for civic action ac- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 aNT LAWS a.rv n?L.y tivities and that such civic action activities not significantly detract from the capability of the military forces to perform their military missions and be coordinated with and form part of the total eco- nomic and social development effort. SEC. 502A. ExcEss DEFENSE ARTICLES.-Excess defense articles shall be provided whenever possible rather than providing such ar- ticles by the procurement of new items. SEC. 502B. HUMAN RIGHTS.-(a)(1) The United States shall, in ac- cordance with its international obligations as set forth in the Char- ter of the United Nations and in keeping with the constitutional heritage and traditions of the -United States, promote and encour- age increased respect for human rights and fundamental freedoms throughout the world without distinction as to race, sex, language, or religion. Accordingly, a principal goal of the foreign policy of the United States shall be to promote the increased observance of internationally recognized human rights by all countries. (2) Except under circumstances specified in this section, no secu- rity assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of interna- tionally recognized human rights. Security assistance may not be provided to the police, domestic intelligence, or similar law enforce- ment forces of a country, and licenses may not be issued under the Export Administration Act of 1979 for the export of crime control and detection instruments and equipment to a country, the govern- ment of which engages in a consistent pattern of gross violations of internationally recognized human rights unless the President certi- fies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that extraordinary- circumstances exist warranting provision of such assistance and issuance of such licenses. Assistance may not be provided under chapter 5 of this part to, a country the govern- ment of which engages in a consistent pattern of gross violations of internationally recognized human rights unless. the President certi- fies in writing to, the Speaker of the House of Representatives and the. chairman of the Committee on Foreign Relations of the Senate that extraordinary circumstances exist warranting provision of such assistance. (3) In furtherance of paragraphs (1) and (2), the President is di- rected to formulate and conduct international security assistance programs of the United States in a manner which will promote and advance human rights and avoid identification of the United States, through such programs, with governments. which deny to their people _ internationally recognized human rights and funda- mental freedoms, in violation of international law or in contraven- tion of the policy of the United States as expressed in this section or otherwise. (b) The Secretary of State shall transmit to the Congress, as part of the presentation materials for security assistance programs pro- posed for each fiscal year, a full and complete report, prepared with the assistance of the Assistant Secretary of State for Human Rights and Humanitarian Affairs, with respect to .practices regard- ing the observance of and respect for internationally recognized human rights in each country proposed as a recipient of security Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001`-0 JANT LAWS 357 assistance. In determining whether a government falls within the provisions of subsection (a)(3) and in the preparation of any report or statement required under this section, consideration shall be given to- (1) the relevant findings of appropriate international organi- zations, including nongovernmental organizations, such as the International Committee of the Red Cross; and (2) the extent of cooperation by such government in permit- ting an unimpeded investigation by any such organization of alleged violations of internationally recognized human rights. (c)(1) Upon the request of the Senate or the House of Representa- tives by resolution of either such House, or upon the request of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, the Secre- tary of State shall, within thirty days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Assistant Secretary of State for Human Rights and Humanitarian Affairs, with respect to the country designated in such request, setting forth- (A) all the available information about observance of and re- spect for human rights and fundamental freedom in that coun- try, and a detailed description of practices by the recipient gov- ernment with respect thereto; (B) the steps the United States has taken to- (i) promote respect for and observance of human rights in that country and discourage any practices which are in- imical to internationally recognized human rights, and (ii) publicly or privately call attention to, and disassoci- ate the United States and any security assistance provided for such country from, such practices; (C) whether, in the opinion of the Secretary of State, not- withstanding any such practices- (i) extraordinary circumstances exist which necessitate a continuation of security assistance for such country, and, if so, a description of such circumstances and the. extent to which such assistance should be continued (subject to such conditions as Congress may impose under this section), and (ii) on all the facts it is in the national interest of the United States to provide such assistance; and (D) such other information as such committee or such House may request. (2)(A) A resolution of request under paragraph (1) of this subsec- tion shall be considered in the Senate in accordance with the provi- sions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (B) The term "certification", as used in section 601 of such Act, means, for the purposes of this subsection, a resolution of request of the Senate under paragraph (1) of this subsection. (3) In the event a statement with respect to a country is request- ed pursuant to paragraph (1) of this subsection but is not transmit- ted in accordance therewith within thirty days after receipt of such request, no security assistance shall be delivered to such country Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 'J.+u n?wndT LAWS except as may thereafter be specifically authorized by law from such country unless and until such statement is transmitted. (4)(A) In the event a statement with respect to a country is trans- mitted under paragraph (1) of this subsection, the Congress may at any time thereafter adopt a joint resolution terminating, restrict- ing, or continuing security assistance for such country. In the event such a joint resolution is adopted, such assistance shall be so termi- nated, so restricted, or so continued, as the case may be. (B) Any such resolution shall be considered in the Senate in ac- cordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (C) The term "certification", as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under paragraph (1) of this subsection. (d) For the purposes of this section- (1) the term "gross violations of internationally recognized human rights" includes torture or cruel, inhuman, or degrad- ing treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, and other flagrant denial of the right to life, liberty, or the security of person; and (2) the term "security assistance" means- (A) assistance under chapter 2 (military assistance) or chapter 4 (economic support fund) or chapter 5 (military education and training) or chapter 6 (peacekeeping oper- ations) of this part; (B) sales of defense articles or services, extensions of credits (including participations in credits), and guaranties of loans under the Arms Export Control Act; or (C) any license in effect with respect to the export of de- fense articles or defense services to or for the armed forces, police, intelligence, or other internal security forces of a foreign country under section 38 of the Arms Export Control Act. (e) Notwithstanding any other provision of law, funds authorized to be appropriated under part I of this Act may be made available for the furnishing of assistance to any country with respect to which the President finds that such a significant improvement in its human rights record has occurred as to warrant lifting the pro- hibition on furnishing such assistance in the national interest of the United States. (f) In allowing the funds authorized to be appropriated by this Act and the Arms Export Control Act, the President shall take into account significant improvements in the human rights records of recipient countries, except that such allocations may not contra- vene any other. provision of law. CHAPTER 2-MILITARY ASSISTANCE SEC. 503. GENERAL AUTHORITY.-(a) The President is authorized to furnish military assistance, on such terms and conditions as he may determine, to any friendly country or international organiza- tion, the assisting of which the President finds will strengthen the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 nL vANT LAWS 359 security of the United States and promote world peace and which is otherwise eligible to receive such assistance, by- (1) acquiring from any source and providing (by loan or grant) any defense article or defense service; (2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a non-combatant nature; or (3) transferring such of the funds appropriated or otherwise made available under this chapter as the President may deter- mine for assistance to a recipient country, to the account in which funds for the procurement of defense articles and de- fense services under section 21 and section 22 of the Arms Export Control Act have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act. (b) In addition to such other terms and conditions as the Presi- dent may determine pursuant to subsection (a), defense articles may be loaned thereunder only if- (1) there is a bona fide reason, other than the shortage of funds, for providing such articles on a loan basis rather than on a grant basis; (2) there is a reasonable expectation that such articles will be returned to the agency making the loan at the end of the loan period unless the loan is then renewed; (3) the loan period is of fixed duration not exceeding five years, during which such article may be recalled for any reason by the United States; (4) the agency making the loan is reimbursed for the loan based on the amount charged to the appropriation for military assistance under subsection (c); and (5) the loan agreement provides that (A) if the defense article is damaged while on loan, the country or international organi- zation to which it was loaned will reimburse the United States for the cost of restoring or replacing the defense article, and (B) if the defense article is lost or destroyed while on loan, the country or international organization to which it was loaned will pay to the United States an amount equal to the replace- ment cost (less any depreciation in the value) of the defense ar- ticle. (c)(1) In the case of any loan of a defense article or defense serv- ice made under this section, there shall be a charge to the appro- priation for military assistance for any fiscal year while the article or service is on loan in an amount based on- (A) the out-of-pocket expenses authorized to be incurred in connection with such loan during such fiscal year; and (B) the depreciation which occurs during such year while such article is on loan. (2) The provisions of this subsection shall not apply- (A) to any particular defense article or defense service which the United States Government agreed, prior to the date of en- actment of this subsection, to lend; and Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 YVV 1\LLLvr%. ~T LAWS (B) to any defense article or defense service, or portion there- of, acquired with funds appropriated for military assistance under this Act. SEC. 504. AUTHORIZATION.-(a)(1) There are authorized to be ap- propriated to the President to carry out the purposes of this chap- ter not to exceed $238,500,000 for the fiscal year 1982 and not to exceed $238,500,000 for the fiscal year 1983. (2) Amounts appropriated under. this subsection are authorized to remain available until expended. (b) In order to make sure that a dollar spent on military assist- ance to foreign countries is as necessary as a dollar spent for the United States military establishment, the President shall establish procedures for programing and budgeting so that programs of mili- tary assistance come into direct competition for financial support with other activities and programs of the Department of Defense. SEC. 505. CONDITIONS OF ELIGIBILITY.-(a) In addition to such other provisions as the President may require, no defense articles or related training or other defense service shall be furnished to any country on a grant basis unless it shall have agreed that- (1) it will not, without the consent of the President- (A) permit any use of such articles or related training or other defense service by anyone not an officer, employee, or agent of that country, (B) transfer, or permit any officer, employee, or agent of that country to transfer such articles or related training or other defense service by gift, sale, or otherwise, or (C) use or permit the use of such articles or related training or other defense service for purposes other than those for which furnished; (2) it will maintain the security of such articles or related training or other defense service, and will provide substantial- ly the same degree of security protection afforded to such arti- cles or related training or other defense service by the United States Government; (3) it will, as the President may require, permit continuous observation and review by, and furnish necessary information to, representatives of the United States Government with regard to the use of such articles or related training or other defense service; and (4) unless the President consents to other disposition, it will return to the United States Government for such use or dispo- sition as the President considers in the best interests of the United States, such articles or related training or other de- fense service which are no longer needed for the purposes for which furnished. (b) No defense articles shall be furnished on a grant basis to any country at a cost in excess of $3,000,000 in any fiscal year unless the President determines- (1) that such country conforms to the purposes and principles of the Charter of the United Nations; (2) that such defense articles will be utilized by such country for the maintenance of its own defensive strength, or the de- fensive strength of the free world; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 'ANT LAWS 361 (3) that such country is taking all reasonable measures, con- sistent with its political and economic stability, which may be needed to develop its defense capacities; and (4) that the increased ability of such country to defend itself is important to the security of the United States. (c) The President shall regularly reduce and, with such deliberate speed as orderly procedure and other relevant considerations, in- cluding prior commitments, will permit, shall terminate all further grants of military equipment and supplies to any country having sufficient wealth to enable it, in the judgment of the President, to maintain and equip its own military forces at adequate strength, without undue burden to its economy. (d)(1) Assistance and deliveries of assistance under this chapter to any country shall be terminated as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, the Mutual Security Act of 1954, or any predecessor For- eign Assistance Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (A) by using such articles or services for a purpose not authorized under section 502 or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 502, for a purpose not authorized under such agreement; (B) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the recipient country without the consent of the President; or (C) by failing to maintain the security of such articles or services. (2)(A) Assistance and deliveries of assistance shall be terminated pursuant to paragraph (1) of this subsection if the President so de- termines and so states in writing to the Congress, or if the Con- gress so finds by joint resolution. (B) The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred. (3) Assistance to a country shall remain terminated in accord- ance with paragraph (1) of this subsection until such time as- (A) the President determines that the violation has ceased; and (B) the country concerned has given assurances satisfactory to the President that such violation will not recur. (4) The authority contained in section 614(a) of this Act may not be used to waive the provisions of this section with respect to fur- ther assistance under this chapter. (e) In considering a request for approval of any transfer of any weapon, weapons system, munitions, aircraft, military boat, mili- tary vessel, or other implement of war to another country, the President shall not give his consent under subsection (a)(1) or (a)(4) to the transfer unless the United States itself would transfer the defense article under consideration to that country. In addition, the President shall not give his consent under subsection (a)(1) or (a)(4) to the transfer of any significant defense articles on the United States Munitions List unless the foreign country requesting con- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 jut KtLtvANT LAWS sent to transfer agrees to demilitarize such defense articles prior to transfer, or the proposed recipient foreign country provides a com- mitment in writing to the United States Government that it will not transfer such defense articles if not demilitarized, to any other foreign country or person without first obtaining the consent of the President. (f) Effective July 1, 1974, no defense article shall be furnished to any country on a grant basis unless such country shall have agreed that the net proceeds of sale received by such country in disposing of any weapon, weapons system, munition, aircraft, military boat, military vessel, or other implement of war received under this chapter will be paid to the United States Government and shall be available to pay all official costs of the United States Government payable in the currency of that country, including all costs relating to the financing of international educational and cultural exchange activities in which that country participates under the programs authorized by the Mutual Educational and Cultural Exchange Act of 1961. (g)(1) It is the policy of the United States that no assistance under this chapter should be furnished to any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1954) from participating in the furnishing of defense articles or defense services under this chapter on the basis of race, religion, national origin, or sex. (2)(A) No agency performing functions under this chapter shall, in employing or assigning personnel to participate in-the perform- ance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any for- eign government where such policies or practices are based upon race, religion, national origin, or sex. (B) Each contract entered into by any such agency for the per- formance of any function under this chapter shall contain a provi- sion to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in em- ploying or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex. (3) The President shall promptly transmit reports to the Speaker of the House of Representatives and the chairman of the Commit- tee on Foreign Relations of the Senate concerning any transaction in which any United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1954) is prevented by a foreign government on the basis of race, religion, national origin, or sex, from participating in the furnishing of assistance under this chap- ter, or education and training under chapter 5, to any foreign coun- try. Such reports shall include (A) a description of the facts and cir- cumstances of any such discrimination, (B) the response thereto on the part of the United States or any agency or employee thereof, and (C) the result of such response, if any. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001- 0 .NT LAWS 363 (4)(A) Upon the request of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, the President shall, within 60 days after receipt of such request, transmit to both such committees a state- ment, prepared with the assistance of the Assistant Secretary of State for Human Rights and Humanitarian Affairs, with respect to the country designated in such request, setting forth- (i) all the available information about the exclusionary poli- cies or practices of the government of such country when such policies or practices are based upon race, religion, national origin, or sex, and prevent any such person from participating in a transaction involving the furnishing of any assistance under this chapter or any education and training under chap- ter 5; (ii) the response of the United States thereto and the results of such response; (iii) whether, in the opinion of the President, notwithstand- ing any such policies or practices- (I) extraordinary circumstances exist which necessitate a continuation of such assistance or education and training transaction, and, if so, a description of such circumstances and the extent to which such assistance or education and training transaction should be continued (subject to such conditions as Congress may impose under this section), and (II) on all the facts it is in the national interest of the United States to continue such assistance or education and training transaction; and (iv) such other information as such committee may request. (B) In the event a statement with respect to an assistance or training transaction is requested pursuant to subparagraph (A) of this paragraph but is not transmitted in accordance therewith within 60 days after receipt of such request, such assistance or training transaction shall be suspended unless and until such state- ment is transmitted. (C)(i) In the event a statement with respect to an assistance or training transaction is transmitted under subparagraph (A) of this paragraph, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such assistance or training transaction. (ii) Any such resolution shall be considered in the Senate *in ac- cordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (iii) The term "certification", as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under subparagraph (A) of this paragraph. SEC. 506.. SPECIAL AUTHORITY.-(a) If the President determines and reports to the Congress in accordance with section 652 of this Act that- (1) an unforeseen emergency exists which requires immedi- ate military assistance to a foreign country or international or- ganization; and Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ao4 rctLtvANT LAWS (2) the emergency requirement cannot be met under the au- thority of the Arms Export Control Act or any other law except this section; he may direct, for the purposes of this part, the drawdown of de- fense articles from the stocks of the Department of Defense, de- fense services of the Department of Defense, and military educa- tion and training, of an aggregate value of not to exceed $75,000,000 in any fiscal year. (b)(1) The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appro- priations of each House of Congress. (2) The President shall keep the Congress fully and currently in- formed of all defense articles, defense services, and military educa- tion and training provided under this section. (c) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropria- tion, fund, or account for defense articles, defense services, and military education and training provided under this section. SEC. 507. RESTRICTIONS ON MILITARY AID TO LATIN AMERICA.- * * * [Repealed-1973] SEC. 508. RESTRICTIONS ON MILITARY AID TO AFRICA.-* * * [Re- pealed-1973] SEC. 509. CERTIFICATION OF RECIPIENT'S CAPABILITY.-* * * [Re- pealed-1973] SEC. 510. RESTRICTIONS ON TRAINING FOREIGN MILITARY STU- DENTS.-* * * [Repealed-1976] SEC. 511. CONSIDERATIONS IN FURNISHING MILITARY ASSISTANCE.- Decisions to furnish military assistance made under this part shall be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into ac- count his opinion as to whether such assistance will- (1) contribute to an arms race; (2) increase the possibility of outbreak or escalation of con- flict; or (3) prejudice the development of bilateral or multilateral arms control arrangements. SEC. 512. MILITARY ASSISTANCE ADVISORY GROUPS AND MIS- SIONS.-* * * [Repealed-1973] SEC. 513. MILITARY ASSISTANCE AUTHORIZATIONS FOR THAILAND AND LAOS, AND SOUTH VIETNAM.-* * * [Repealed-1981] SEC. 514. STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN COUN- TRIES.-(a) No defense article in the inventory of the Department of Defense which is set aside, reserved, or in any way earmarked or intended for future use by any foreign country may be made avail- able to or for use by any foreign country unless such transfer is authorized under this Act or the Arms Export Control Act, or any subsequent corresponding legislation, and the value of such trans- fer is charged against funds authorized under such legislation or against the limitations specified in such legislation, as appropriate, for the fiscal period in which such defense article is transferred. For purposes of this subsection, "value" means the acquisition cost Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001.0_VANT LAWS 365 plus crating, packing, handling, and transportation costs incurred in carrying out this section. (b)(1) The value of defense articles to be set aside, earmarked, re- served, or intended for use as war reserve stocks for allied or other foreign countries (other than for purposes of the North Atlantic Treaty Organization) in stockpiles located in foreign countries may not exceed in any fiscal year an amount greater than is specified in security assistance authorizing legislation for that fiscal year. (2) The value of such additions to stockpiles in foreign countries shall not exceed $130,000,000 for the fiscal year 1982 and $125,000,000 for the fiscal year 1983. (c) Except for stockpiles in existence on the date of enactment of the International Security Assistance and Arms Export Control Act of 1976 and for stockpiles located in the Republic of Korea or countries which are members of the North Atlantic Treaty Organi- zation, no stockpile may be located outside the boundaries of a United States military base or a military base used primarily by the United States. (d) No defense article transferred from any stockpile which is made available to or for use by any foreign country may be consid- ered an excess defense article for the purpose of determining the value thereof. (e) The President shall promptly report to the Congress each new stockpile, or addition to an existing stockpile, described in this sec- tion of defense articles valued in excess of $10,000,000 in any fiscal year. SEC. 515. OVERSEAS MANAGEMENT OF ASSISTANCE AND SALES PRO- GRAMS.-(a) In order to carry out his responsibilities for the man- agement of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to a foreign country to perform one or more of the following functions: , (1) equipment and services case management; (2) training management; (3) program monitoring; (4) evaluation and planning of the host government's mili- tary capabilities and requirements; (5) administrative support; (6) promoting rationalization, standardization, interoperabil- ity, and other defense cooperation measures among members of the North Atantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and (7) liaison functions exclusive of advisory and training assist- ance. (b) Advisory and training assistance conducted by military per- sonnel assigned under this section shall be kept to an absolute min- imum. It is the sense of the Congress that advising and training assistance in countries to which military personnel are assigned under this section shall be provided primarily by other personnel who are not assigned under this section and who are detailed for limited periods to perform specific tasks. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 009 tn:txvHtrT LAWS (c)(1) The number of members of the Armed Forces assigned to a foreign country under this.section may not exceed six unless specif- ically authorized by the Congress. The President may waive this limitation if he determines and reports to the Committee on For- eign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, 30 days prior to the introduction of the additional military personnel, that United States national interests require that more than six members of the Armed Forces be assigned under this section to carry out international security assistance programs in a country not specified in this paragraph. For the fiscal year 1982 and the fiscal year 1983, Indonesia, the Re- public of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, . Greece, Portugal, Spain, and Turkey are authorized to have military personnel strengths larger than six under this sec- tion to carry out international security assistance programs. (2) The total number of members of the Armed Forces assigned under this section to a foreign country in a fiscal year may not exceed the number justified to the Congress for that country in the congressional presentation materials for that fiscal year, unless the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives are notified 30 'days in advance of the introduction of the additional military per- sonnel. (d) Effective October 1, 1982, the entire costs (including salaries of the United States military personnel) of overseas management of international security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control Act or reimbursed from charges for services collect- ed from foreign governments pursuant to section 21(e) and section 43(b) of that Act. (e) Members of the Armed Forces assigned to a foreign country under this section shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission to that coun- try. (f) The President shall continue to instruct United States diplo- matic and military personnel in the United States missions abroad that they should not encourage, promote, or influence the purchase by any foreign. country =of United States-made military equipment, unless they are specifically instructed to do so by an appropriate official of the executive branch. SEC. 516. MODERNIZATION OF DEFENSE CAPABILITIES OF COUNTRIES OF NATO'S SOUTHERN FLANK (a) AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.-Notwith- standing any other provision of law and subject to subsection (b), during the fiscal years 1987 and 1988 the President may transfer to those member countries of the North :Atlantic Treaty Organization (NATO) on the southern flank of NATO which are eligible for United States security assistance and which are integrated into NATO's military structure such defense articles as the President determines necessary to help modernize the defense capabilities of Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 _0_VANT LAWS 367 such countries. Such articles may be transferred without cost to the recipient countries. (b) LIMITATIONS ON TRANSFERS.-The President may transfer de- fense articles under this section only if- (1) the equipment is drawn from existing stocks of the De- partment of Defense; (2) no funds available to the Department of Defense for the procurement of defense equipment are expended in connection with the transfer; and (3) the President determines that the transfer of the excess defense articles will not have an adverse impact on the military readiness of the United States. (c) NOTIFICATION TO COMMITTEES OF CONGRESS.-The President may not transfer defense articles under this section until 30 days after he has notified the Committees on Armed Services and For- eign Relations of the Senate and the Committees on Armed Serv- ices and Foreign Affairs of the House of Representatives of the pro- posed transfer. This notification shall include a certification of the need for the transfer and an assessment of the impact of the trans- fer on the military readiness of the United States. (d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DOD Ex- PENSES.-Section 632(d) shall not apply with respect to transfers of defense articles under this section. (e) DEFINITION.-As used in subsection (a), the term "member countries of the North Atlantic Treaty Organization (NATO) on the southern flank of NATO" means Greece, Italy, Portugal, Spain, and Turkey. CHAPTER 3-FOREIGN MILITARY SALES SEC. 521. ADMINISTRATION OF SALES PROGRAMS INVOLVING DE- FENSE ARTICLES AND SERVICES.-* * * [Repealed-1968] SEC. 522. SALES FROM STOCK.-* * * [Repealed-1968] SEC. 523. PROCUREMENT OF SALES.-[Repealed-1968] SEC. 524. REIMBURSEMENTS.-(a) Whenever funds made available for use under this part have been or are used to furnish military assistance on cash or credit terms, United States dollar repay- ments, including dollar proceeds derived from the sale of foreign currency repayments to any agency or program of the United States Government, receipts received from the disposition of evi- dences of indebtedness and charges (including fees and premiums) or interest collected shall be credited to a separate fund account and, shall be available until expended solely for the purposes of fi- nancing sales and guaranties, including the overhead costs thereof, and, notwithstanding any provision of law relating to receipts and credits accruing to the United States Government, repayment in foreign currency may be used to carry out this part. Such amounts of the appropriations made available under this part (including un- liquidated balances of funds heretofore obligated for financing sales and guarantees) as may be determined by the President shall be transferred to, and merged with the separate fund account. (b)(1) The special fund account established under subsection (a) of this section shall terminate as of the end of June 30, 1968, or on such earlier date as may be selected by the President. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 Ad RELEVANT LAWS (2) Upon the termination of such fund account pursuant to para- graph-.(l), all of the assets of such fund account (including loans and other payments receivable) shall be transferred to a special ac- count in the Treasury, which special account shall be available solely for the purpose of discharging outstanding liabilities and ob- ligations of the United States arising out of credit sales agreements entered into, and guaranties issued, under this part, prior to June 30, 1968. Any moneys in such special account in excess of the ag- gregate United States dollar amount of such liabilities and obliga- tions shall be transferred from time to time to the general fund of the Treasury. (3) * * * [Repealed-1968] SEC. 525. GUARANTIES.-* * * [Repealed-1968] * * * * * * * SEC. 531. AUTHORITY.-(a)(1) The Congress recognizes that under special economic, political, or security conditions the national inter- ests of the United States may require economic support for coun- tries or in amounts which could not be justified solely under chap- ter 1 of part I. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and condi- tions as he may determine, in order to promote economic or politi- cal stability. In planning assistance intended for economic develop- ment under this chapter, the President shall take into account, to the maximum extent feasible, the policy directions of section 102. (2) The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this chap- ter, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in co- operation with the Administrator of the agency primarily responsi- ble for administering part I.1 (b)(1) There are authorized to be appropriated to the President to carry out the purposes of this chapter $2,623,500,000 for the fiscal year 1982 and $2,723,500,000 for the fiscal year 1983. (2) Amounts appropriated to carry out this chapter are author- ized to remain available until expended. (c) Amounts appropriated to carry out this chapter shall be avail- able for economic programs only and may not be used for military or paramilitary purposes. ' This responsibility, as it relates to the Administrator, was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 _0 ,NT LAWS 369 SEC. 614. SPECIAL AUTHORITIES.-(a)(1) The President may author- ize the furnishing of assistance under this Act without regard to any provision of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this Act, in furtherance of any of the purposes of this Act, when the Presi- dent determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is important to the security interests of the United States. (2) The President may make sales, extend credit, and issue guar- antees under the Arms Export Control Act, without regard to any provision of this Act, the Arms Export Control Act, any law relat- ing to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under the Arms Export Control Act, in furtherance of any of the purposes of such Act, when the President determines, and so notifies in writing the Speaker of House of Representatives and the chairman of the Com- mittee on Foreign Relations of the Senate, that to do so is vital to the national security interests of the United States. (3) Before exercising the authority granted in this subsection, the President shall consult with, and shall provide a written policy jus- tification to, the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Com- mittee on Foreign Relations and the Committee on Appropriations of the Senate. (4) The authority of this subsection may not be used to authorize the use of more than $250,000,000 of funds made available for use under this Act or the Arms Export Control Act, or the use of more than $100,000,000 of foreign currencies accruing under this Act or any other law, in any fiscal year. Not more than $50,000,000 of the funds available under this subsection may be allocated to any one country in any fiscal year,. unless such country is a victim of active Communist or Communist-supported aggression. (5) The authority of this section may not be used to waive the limitations on transfers contained in section 610(a) of this Act. (b) Whenever the President determines it to be important to the national interest, he may use funds available for the purposes of chapter 4 of part I in order to meet the responsibilities or objec- tives of the United States in Germany, including West Berlin, and without regard to such provisions of law as he determines should be disregarded to achieve this purpose. (c) The President is authorized to use amounts not to exceed $50,000,000 of the funds made available under this Act pursuant to his certification that it is inadvisable to specify the nature of the use of such funds, which certification shall be deemed to be a suffi- cient voucher for such amounts. The President shall promptly and fully inform the Speaker of the House of Representatives and the chairman and ranking minority member of the Committee on For- eign Relations of the Senate of each use of funds under this subsec- tion. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 JIV R?rvANT LAWS TITLE II OF THE STATE DEPARTMENT BASIC AUTHORI- TIES ACT OF 1956 (AS ADDED BY THE FOREIGN MIS- SIONS ACT) TITLE 11-AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS DECLARATION OF FINDINGS AND POLICY SEC. 201. (a) The Congress finds that the operation in the United States of foreign missions and public international organizations and the official missions to such organizations, including the per- missible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction. (b) The Congress declares that it is the policy of the United States to support the secure and efficent operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international orga- nizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observ- ance of corresponding obligations in accordance with international law. (c) The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due con- sideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represent- ed by that foreign mission, as well as matters relating to the pro- tection of the interests of the United States. DEFINITIONS SEC. 202. (a) For purposes of this title- (1) "benefit" (with respect to a foreign mission) means any acquisition, or authorization for an acquisition, in the United States by or for a foreign mission, including the acquisition of- (A) real property by purchase, lease, exchange, construc- tion, or otherwise, (B) public services, including services relating to cus- toms, importation, and utilities, and the processing of ap- plications or requests relating to public services, (C) supplies, maintenance, and transportation, (D) locally engaged staff on a temporary or regular basis, (E) travel and related services, and (F) protective services, and includes such other benefits as the Secretary may desig- nate; (2) "chancery" means the principal offices of a foreign mis- sion used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), and includes the site and any building on such site which is used for such purposes; (3) "Director" means the Director of the Office of Foreign Missions established pursuant to section 203(a); Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001`0,.V1 LAWS 371 (4) "foreign mission" means any mission to or agency or entity in the United States which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by- (A) a foreign government, or (B) an organization (other than an international organi- zation, as defined in section 209(b) of this title) represent- ing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States or which engages in some aspect of the conduct of the international affairs of such territory or political entity, including any real property of such a mission and including the personnel of such a mission; (5) "real property" includes any right, title, or interest in or to, or the beneficial use of, any real property in the United States, including any office or other building; (6) "Secretary" means the Secretary of State; (7) "sending State" means the foreign government, territory, or political entity represented by a foreign mission; and (8) "United States" means, when used in a geographic sense, the several States, the District of Columbia, the Common- wealth of Puerto Rico, and the territories and possessions of the United States. (b) Determinations with respect to the meaning and applicability of the terms used in subsection (a) shall be committed to the discre- tion of the Secretary. SEC. 203. (a) The Secretary shall establish an Office of Foreign Missions as an office within the Department of State. The Office shall be headed by a Director, appointed by the President by and with the advice and consent of the Senate, who shall perform his or her functions under the supervision and direction of the Secretary. The Secretary may delegate this authority for supervision and di- rection of the Director only to the Deputy Secretary of State or an Under Secretary of State. The Director shall have the rank of am- bassador. (b) TVere shall also be a Deputy Director of the Office of Foreign Missions. Either the Director or the Deputy Director of such Office shall be an individual who has served in the United States Foreign Service, while the other of the two shall be an individual who has served in the United States Intelligence Community. (c) The Secretary may authorize the Director to- (1) assist agencies of Federal, State, and municipal govern- ment with regard to ascertaining and according benefits, privi- leges, and immunities to which a foreign mission may be enti- tled; (2) provide or assist in the provision of benefits for or on behalf of a foreign mission in accordance with section 204; and (3) perform such other functions as the Secretary may deter- mine necessary in furtherance of the policy of this title. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ?it. RtLc11ANT LAWS PROVISION OF BENEFITS SEC. 204. (a) Upon the request of a foreign mission, benefits may be provided to or for that foreign mission by or through the Direc- tor on such terms and conditions as the Secretary may approve. (b) If the Secretary determines that such action is reasonably necessary on the basis of reciprocity or otherwise- (1) to facilitate relations between the United States and a sending State, (2) to protect the interests of the United States, (3) to adjust for costs and procedures of obtaining benefits for missions of the United States abroad, or (4) to assist in resolving a dispute affecting United States in- terests and involving a foreign mission or sending State, then the Secretary may require a foreign mission (A) to obtain ben- efits from or through the Director on such terms and conditions as the Secretary may approve, or (B) to forego the acceptance, use, or relation of any benefit or to comply with such terms and conditions as the Secretary may determine as a condition to the execution or performance in the United States of any contract or other agree- ment, the acquisition, retention, or use of any real property, or the application for or acceptance of any benefit (including any benefit from or authorized by any Federal, State, or municipal governmen- tal authority, or any entity providing public services). (c) Terms and conditions established by the Secretary under this section may include- (1) a requirement to pay to the Director a surcharge or fee, and (2) a waiver by a foreign mission (or any assignee of or person deriving rights from a foreign mission) of any recourse against any governmental authority, any entity providing public services, any employee or agent of such an authority or entity, or any other person, in connection with any action de- termined by the Secretary to be undertaken in furtherance of this title. (d) For purposes of effectuating a waiver of recourse which is re- quired under this section, the Secretary may designate the Director or any other officer of the Department of State as the agent of a foreign mission (or of any assignee of or person deriving rights from a foreign mission). Any such waiver by an officer so designat- ed shall for all purposes (including any court or administrative pro- ceeding) be deemed to be a waiver by the foreign mission (or the assignee of or other person deriving rights from a foreign mission). (e) Nothing in this section shall be deemed to preclude or limit in any way the authority of the United States Secret Service to pro- vide protective services pursuant to section 202 of title 3, United States Code, or section 3056 of title 18, United States Code, at a level commensurate with protective requirements as determined by the United States Secret Service. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001`-0 JANT LAWS 373 ENFORCEMENT OF COMPLIANCE WITH LIABILITY INSURANCE REQUIREMENTS SEC. 204A. (a)(1) The head of a foreign mission shall notify promptly the Director of the lapse or termination of any liability insurance coverage held by a member of the mission, by a member of the family of such member, or'by an individual described in sec- tion 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946. (2) Not later than February 1 of each year, the head of each for- eign mission shall prepare and transmit to the Director a report including a list of motor vehicles, vessels, and aircraft registered in the United States by members of the mission, members of the fami- lies of such members, individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, and by the mission itself. Such list shall set forth for each such motor vehicle, vessel, or aircraft- (A) the jurisdiction in which it is registered; (B) the name of the insured; (C) the name of the insurance company; (D) the insurance policy number and the extent of insurance coverage; and (E) such other information as the Director may prescribe. (b) Whenever the Director finds that a member of a foreign mis- sion, a member of the family of such member, or an individual de- scribed in section 19 of the Convention on Privileges .and Immuni- ties of the United Nations of February 13, 1946- (1) is at fault for personal injury, death, or property damage arising out of the operation of a motor vehicle, vessel, or air- craft in the United States, (2) is not covered by liability insurance, and (3) has not satisfied a court-rendered judgment against him or is not legally liable, the Director shall impose a surcharge or fee on the foreign mission of which such member or individual is a part, amounting to the un- satisfied portion of the judgment rendered against such member or individual or, if there is no court-rendered judgment,, an estimated amount of damages incurred by the victim. The payment of any such surcharge or fee shall be available only for compensation of the victim or his estate. (c) For purposes of this section- (1) the term "head of a foreign mission" has the same mean- ing as is ascribed to the term "head of a mission" in Article 1 of the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227); and (2) the terms "members of a mission" and "family" have the same meanings as is ascribed to them by paragraphs (1) and (2) of section 2 of the Diplomatic Relations Act (22 U.S.C. 254a). SEC. 205. (a)(1) The Secretary shall require any foreign mission, including any mission to an international organization (as defined in section 209(b)(2)), to notify the Director prior to any proposed ac- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 J14 RtLtvHPIT LAWS quisition, or any proposed sale or other disposition, of any real property by or on behalf of such mission. The foreign mission (or other party acting on behalf of the foreign mission) may initiate or execute any contract, proceeding, application,. or other action re- quired for the proposed action- (A) only after the expiration of the 60-day period beginning on the date of such notification (or after the expiration of such shorter period as the Secretary may specify in a given case); and (B) only if the mission is not notified by the Secretary within that period that the proposal has been disapproved; however, the Secretary may include in such a notification such terms and conditions as the Secretary may determine appropriate in order to remove the disapproval. (2) For purposes of this section, "acquisition" includes any acqui- sition or alteration of, or addition to, any real property or any change in the purpose for which real property is used by a foreign mission. (b) The Secretary may require any foreign mission to divest itself of, or forgo the use of, any real property determined by the Secre- tary- (1) not to have been acquired in accordance with this section; (2) to exceed limitations placed on real property available to a United States mission in the sending State; or (3) where otherwise necessary to protect the interests of the United States. (c) If a foreign mission has ceased conducting diplomatic, consul- ar, and other governmental activities in the United States and has not designated a protecting power or other agent approved by the Secretary to be responsible for the property of that foreign mission, the Secretary- (1) until the designation of a protecting power or other agent approved by the Secretary, may protect and preserve any prop- erty of that foreign mission; and (2) may authorize the Director to dispose of such property at such time as the Secretary may determine after the expiration of the one-year period beginning on the date that the foreign mission ceased those activities, and may remit to the sending State the net proceeds from such disposition. LOCATION OF FOREIGN MISSIONS IN THE DISTRICT OF COLUMBIA SEC. 206. (a) The location, replacement, or expansion of chancer- ies in the District of Columbia shall be subject to this section. (b)(1) A chancery shall be permitted to locate as a matter of right in any area which is zoned commercial, industrial, waterfront, or mixed-use (CR). (2) A chancery shall also be permitted to locate- (A) in any area which is zoned medium-high or high density residential, and (B) in any other area, determined on the basis of existing uses, which includes office or institutional uses, including but not limited to any area zoned mixed-use diplomatic or special purpose, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0_ANT LAWS 375 subject to disapproval by the District of Columbia Board of Zoning Adjustment in accordance with this section. (3) In each of the areas described in paragraphs (1) and (2), the limitations and conditions applicable to chanceries shall not exceed those applicable to other office or institutional uses in that area. (c)(1) If a foreign mission wishes to locate a chancery in an area described in subsection (b)(2), or wishes to appeal an administrative decision relating to a chancery based in whole or in part upon any zoning map or regulation, it shall file an application with the Board of Zoning Adjustment which shall publish notice of that ap- plication in the District of Columbia Register. (2) Regulations issued to carry out this section shall provide ap- propriate opportunities for participation by the public in proceed- ings concerning the location, replacement, or expansion of chancer- ies. (3) A final determination concerning the location, replacement, or expansion of a chancery shall be made not later than six months after the date of the filing of an application with respect to such location, replacement, or expansion. Such determination shall not be subject to the administrative proceedings of any other agency or official except as provided in this title. (d) Any determination concerning the location of a chancery under subsection (b)(2), or concerning an appeal of an administra- tive decision with respect to a chancery based in whole or in part upon any zoning regulation or map, shall be based solely on the fol- lowing criteria: (1) The international obligation of the United States to facili- tate the provision of adequate and secure facilities for foreign missions in the Nation's Capital. (2) Historic preservation, as determined by the Board of Zoning Adjustment in carrying out this section; and in order to ensure compatibility with historic landmarks and districts, substantial compliance with District of Columbia and Federal regulations governing historic preservation shall be required with respect to new construction and to demolition of or alter- ation to historic landmarks. (3) The adequacy of off-street or other parking and the extent to which the area will be served by public transporta- tion to reduce parking requirements, subject to such special se- curity requirements as may be determined by the Secretary, after consultation with Federal agencies authorized to perform protective services. (4) The extent to which the area is capable of being ade- quately protected, as determined by the Secretary, after con- sultation with Federal agencies authorized to perform protec- tive services. (5) The municipal interest, as determined by the Mayor of the District of Columbia. (6) The Federal interest, as determined by the Secretary. (e)(1) Regulations, proceedings, and other actions of the National Capital Planning Commission, the Zoning Commission for the Dis- trict of Columbia, and the Board of Zoning Adjustment affecting the location, replacement, or expansion of chanceries shall be con- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 CIA-RDP90-00530 R000300580001 -0 . sib RELEVANT LAWS sistent with this section (including the criteria set out. in subsection (d)) and shall reflect the policy of this title. (2) Proposed actions of the Zoning Commission concerning imple- mentation of this section shall be referred to the National Capital Planning Commission for review and comment. (f) Regulations issued to carry out this section shall provide for proceedings of a rule-making and not of an adjudicatory nature. (g) The Secretary shall require foreign missions to comply sub- stantially with District of Columbia building and related codes in a manner determined by the Secretary to be not inconsistent with the international obligations of the United States. (h) Approval by the Board of Zoning Adjustment or the Zoning Commission or, except as provided in section 205, by any other agency or official is not required- (1) for the location, replacement, or expansion of a chancery to the extent that authority to proceed, or rights or interests, with respect to such location, replacement, or expansion were granted to or otherwise acquired by the foreign mission before the effective date of this section; or (2) for continuing use of a chancery by a foreign mission to the extent that the chancery was being used by a foreign mis- sion on the effective date of this section. (i)(1) The President may designate the Secretary of Defense, the Secretary of the Interior, or the Administrator of General Services (or such alternate as such official may from time to time designate) to serve as a member of the Zoning Commission in lieu of the Di- rector of the National Park Service whenever the President deter- mines that the Zoning Commission is performing functions con- cerning the implementation of this section. (2) Whenever the Board of Zoning Adjustment is performing functions regarding an application by a foreign mission with re- spect to the location, expansion, or replacement of a chancery- (A) the representative from the Zoning Commission shall be the Director of the National Park Service or if another person has been designated under paragraph (1) of this subsection, the person so designated; and (B) the representative from the National Capital Planning Commission shall be the Executive Director of that Commis- sion. (j) Provisions of law (other than this title) applicable with respect to the location, replacement, or expansion of real property in the District of Columbia shall apply with respect to chanceries only to the extent that they are consistent with this section. SEC. 207. Notwithstanding any other law, no act of any Federal agency shall be effective to confer or deny any benefit with respect to any foreign mission contrary to this title. Nothing in section 202, 203, 204, or 205 may be construed to preempt any State or munici- pal law or governmental authority regarding zoning, land use, health, safety, or welfare, except that a denial by the Secretary in- volving a benefit for a foreign mission within the jurisdiction of a particular State or local government shall be controlling. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 i n?wni4T LAWS 377 SEC. 208. (a) The Secretary may issue..such. regulations as the Sec- retary may determine necessary to carry out the policy of this title. (b) Compliance with any regulation, instruction, or direction issued by the Secretary under this title shall to the extent thereof be a full acquittance and discharge for all purposes of the obliga- tion of the person making the same. No person shall be held liable in any court or administrative proceeding for or with respect to anything done or omitted in good faith in connection with the ad- ministration of, or pursuant to and in reliance on, this title, or any regulation, instruction, or direction issued by the Secretary under this title. (c) For purposes of administering this title- (1) the Secretary may accept details and assignments of em- ployees. ofFederal agencies to the Office of Foreign Missions on a-reimbursable or nonreimbursable basis (with any such reim- bursements to be credited to the appropriations made available for the salaries and expenses of officers and employees of the employing agency); and (2) the Secretary may, to the extent necessary to obtain serv- ices without delay, exercise his authority to employ experts and consultants under section 3109 of title 5, United States Code, without requiring compliance with such otherwise appli- cable requirements for that employment as the Secretary may determine, except that such employment shall be terminated after 60 days if by that time those requirements are not com- plied with. (d) Contracts and subcontracts for supplies or services, including .personal services, made by or on behalf of the Director shall be made after advertising, in such manner and at such times as the Secretary shall determine to be adequate to ensure notice and op- portunity for competition, except that advertisement shall not be required when (1) the Secretary determines that it is impracticable or will not permit timely performance to obtain bids by advertis- ing, or (2) the aggregate amount involved in a purchase of supplies or procurement of services does not exceed $10,000. Such contracts and subcontracts may be entered into without regard to laws and regulations otherwise applicable to solicitation, negotiation, admin- istration, and performance of government contracts. In awarding contracts, the Secretary may consider such factors as relative qual- ity and availability of supplies or services and the compatibility of the supplies or services with implementation of this title. (e) The head of any Federal agency may, for purposes of this title- (1) transfer or loan any property to, and perform administra- tive and technical support functions and services for the oper- ations of, the Office of Foreign Missions (with reimbursements to agencies under this paragraph to be credited to the current applicable appropriation of the agency concerned); and (2) acquire and accept services from the Office of Foreign Missions, including (whenever the Secretary determines it to be in furtherance of the purposes of this title) acquisitions Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 0/0 KtLtvANT LAWS without regard to laws normally applicable to the acquisition of services by such agency. (f) Assets of or under the control of the Office of Foreign Mis- sions, wherever situated, which are used by or held for the use of a foreign mission shall not be subject to attachment, execution, in- junction, or similar process, whether intermediate or final. (g) Except as otherwise provided, any determination required under this title shall be committed to the discretion of the Secre- tary. (h)(1) In order to implement this title, the Secretary may transfer to the working capital fund established by section 13 of this Act such amounts available to the Department of State as may be nec- essary. (2) All revenues, including proceeds from gifts and donations, re- ceived I-,-? the Director or the Secretary in carrying out this title mz ? ._ : .; :;o the working capital fund established by section 13 of this Act and shall be available for purposes of this title in accordance with that section. (3) Only amounts transferred or credited to the working capital fund established by section 13 of this Act may be used in carrying out the functions of the Secretary or the Director under this title. APPLICATION TO PUBLIC INTERNATIONAL ORGANIZATIONS AND OFFICIAL MISSIONS TO SUCH ORGANIZATIONS SEC. 209. (a) The Secretary may make section 206, or any other provision of this title, applicable with respect to an international organization to the same extent that it is applicable with respect to a foreign mission if the Secretary determines that such application is necessary to carry out the policy set forth in section 201(b) and to further the objectives set forth in section 204(b). (b) For purposes of this section, "international organization" means- (1) a public international organization designated as such pursuant to the International Organizations Immunities Act (22 U.S.C. 288-288f-2) or a public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign gov- ernments engage in some aspect of their conduct of interna- tional affairs; and (2) an official mission (other than a United States mission) to such a public international organization, including any real property of such an organization or mission and including the personnel of such an organization or mission. SEC. 209A. UNITED STATES RESPONSIBILITIES FOR EMPLOYEES OF THE UNITED NATIONS. (a) FINDINGS.-The Congress finds that- (1) pursuant to the Agreement Between the United States and the United Nations Regarding the Headquarters of the United Nations (authorized by Public Law 80-357 (22 U.S.C. 287 note)), the United States has accepted- (A) the obligation to permit and to facilitate the right of individuals, who are employed by or are authorized by the United Nations to conduct official business in connection Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 0.,NT LAWS 379 with that organization or its agencies, to enter into and exit from the United States for purposes of conducting offi- cial activities within the United Nations Headquarters District, subject to regulation as to points of entry and de- parture; and (B) the implied obligation to permit and to facilitate the acquisition of facilities in order to conduct such activities within or in proximity to the United Nations Headquar- ters District, subject to reasonable regulation including regulation of the location and size of such facilities; and (2) taking into account paragraph (1) and consistent with the obligation of the United States to facilitate the functioning of the United Nations, the United States has no additional obliga- tion to permit the conduct of any other activities, including nonofficial activities, by such individuals outside of the United Nations Headquarters District. (b) ACTIVITES OF UNITED NATIONS EMPLOYEES.-(1) The conduct of any activities, or the acquisition of any benefits (as defined in sec- tion 201(a)(1) of this title), outside the United Nations Headquar- ters District by any individual employed by, or authorized by the United Nations to conduct official business.in connection with, that organization or its agencies, or by any person or agency acting on behalf thereof, may be permitted or denied or subject to- reasonable regulation, as determined to be in the best interests of the United States and pursuant to this title. (2) The Secretary shall apply to those employees of the United Nations Secretariat who are nationals of a foreign country or mem- bers of a foreign mission all terms, limitations, restrictions, and conditions which are applicable pursuant to this title to the mem- bers of that country's mission or of any other mission to the United Nations unless the Secretary determines and reports to the Con- gress that national security and foreign policy circumstances re- quire that this paragraph be waived in specific circumstances. (c) REPORTS.-The Secretary shall report to the Congress- (1) not later than 30 days after the date of the enactment of this section, on the plans of the Secretary for implementing this section; and (2) not later than 6 months thereafter, on the actions taken pursuant to those plans. (d) UNITED STATES NATIONALS.-This section shall not apply with respect to any United States national. (e)-DEFINITIONS.-For purposes of this section, the term "United Nations Headquarters District" means the area within the United States which is agreed to by the United Nations and the United States to constitute such a district, together with such other areas as the Secretary of State may approve from time to time in order to permit effective functioning of the United Nations or missions to the United Nations. PRIVILEGES AND IMMUNITIES SEC. 210. Nothing in this title shall be construed to limit the au- thority of the United States to carry out its international obliga- tions, or to supersede or limit immunities otherwise available by Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 3SU RELEVANT LAWS law. No act or omission by any foreign mission, public internation- al organization, or official mission to such an organization, in com- pliance with this title shall be deemed to be an implied waiver of any immunity otherwise provided for by law. SEC. 211. (a) It shall be unlawful for any person to make avail- able any benefits to a foreign mission contrary to this title. The United States, acting on its own behalf or on behalf of a foreign mission, has standing to bring or intervene in an action to obtain compliance with this title, including any action for injunctive or other equitable relief. (b) Upon the request of any Federal agency, any State or local government agency, or any business or other person that proposes to enter into a contract or other transaction with a foreign mission, the Secretary shall advise whether the proposed transaction is pro- hibited by any regulation or determination of the Secretary under this title. SEC. 212. The authorities granted to the Secretary pursuant to the provisions of this title shall be exercised in accordance with procedures and guidelines approved by the President. SEVERABILITY SEC. 213. If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of this title and the application of such provision to any other person or circumstance shall not be affected thereby. SECTION 1385 OF TITLE 18, UNITED STATES CODE (THE "POSSE COMITATUS ACT") ? 1385. Use of Army and Air Force as posse comitatus Whoever, except in cases and under circumstances expressly au- thorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or other- wise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years, or both. CHAPTER 18 OF TITLE 10, UNITED STATES CODE (MILI- TARY COOPERATION WITH CIVILIAN LAW ENFORCE- MENT OFFICIALS) CHAPTER 18-MILITARY COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS Sec. 371. Use of information collected during military operations. 372. Use of military equipment and facilities. 373. Training and advising civilian law enforcement officials. 374. Assistance by Department of Defense personnel. 375. Restriction on direct participation by military personnel. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 _0 1T LAWS 381 376. Assistance not to affect adversely military preparedness. 377. Reimbursement. 378. Nonpreemption of other law. 379. Assignment of Coast Guard personnel to naval vessels for law enforcement pur- poses. ? 371. Use of information collected during military operations The Secretary of Defense may, in accordance with other applica- ble law, provide to Federal, State, or local civilian law enforcement officials any information collected during the normal course of military operations that may be relevant to a violation of any Fed- eral or State law within the jurisdiction of such officials. ? 372. Use of military equipment and facilities The Secretary of Defense may, in accordance with other applica- ble law, make available any equipment, base facility, or research facility of the Army, Navy, Air Force, or Marine Corps to any Fed- eral, State, or local civilian law enforcement official for law en- forcement purposes. ? 373. Training and advising civilian law enforcement officials The Secretary of Defense may assign members of the Army, Navy, Air Force, and Marine Corps to train Federal, State, and local civilian law enforcement officials in the operation and main- tenance of equipment made available under section 372 of this title and to provide expert advice relevant to the purposes of this chap- ter. ? 374. Assistance by Department of Defense personnel (a) Subject to subsection (b), the Secretary of Defense, upon re- quest from the head of an agency with jurisdiction to enforce- (1) the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); (2) any of sections 274 through 278 of the Immigration and Nationality Act (8 U.S.C. 1324-1328); or (3) a law relating to the arrival or departure of merchandise (as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401)) into or out of the customs territory of the United States (as defined in general headnote 2 of the Tariff Schedules of the United States or any other territory or possession of the United States, may assign personnel of the Department of Defense to operate and maintain or assist in operating and maintaining equipment made available under section 372 of this title with respect to any crimi- nal violation of any such provision of law or with respect to assist- ance that such agency is authorized to furnish to any foreign gov- ernment which is involved in the enforcement of similar laws. (b) Except as provided in subsection (c), equipment made avail- able under section 372 of this title may be operated by or with the assistance of personnel assigned under subsection (a) only to the extent the equipment is used for monitoring and communicating the movement of air and sea traffic. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 1201 RCLLvANT LAWS (c)(1) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may be used as a base of operations outside the land area of the United States (or any territory, commonwealth, or possession of the United States) by Federal law enforcement officials- (A) to facilitate the enforcement of a law listed in subsection (a); and (B) to transport such law enforcement officials in connection with such operations; if the Secretary of Defense, the Attorney General, and the Secre- tary of State jointly determine that an emergency circumstance exists. (2)(A) Subject to subparagraph (B), equipment operated by or with the assistance of personnel assigned under subsection (a) may not be used to interdict or interrupt the passage of vessels and air- craft. (B) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may be used to intercept vessels and aircraft outside the land area of the United States (or any territory, commonwealth, or possession of the United States) for the purposes of communicating with such vessels and aircraft to direct such vessels and aircraft to go to a location designated by appropriate civilian officials if the Secretary of Defense, the Attorney General, and the Secretary of State jointly determine that an emergency circumstance exists and that enforce- ment of a law listed in subsection (a) would be seriously impaired if such use of equipment were not permitted. Such use of equipment may continue into the land area of the United States (or any terri- tory or possession of the United States) in cases involving the hot pursuit of vessels or aircraft where such pursuit began outside such land area. (3) For purposes of this subsection, an emergency circumstance exists when- (A) the size or scope of the suspected criminal activity in a given situation poses a serious threat to the interest of the United States; and (B) the assistance described in this subsection would signifi- cantly enhance the enforcement of a law listed in subsection (a). (d) In the case of a request from a head of an agency specified in subsection (a), the Secretary shall provide to that agency such as- sistance as the Secretary considers appropriate to carry out that agency's drug interdiction and enforcement responsibilities. ? 375. Restriction on direct participation by military personnel The Secretary of Defense shall issue such regulations as may be necessary to insure that the provision of any assistance (including the provision of any equipment or facility or the assignment of any personnel) to any civilian law enforcement official under this chap- ter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in an interdiction of a vessel or aircraft, a search and seizure, arrest, or other similar ac- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : 'CIA-RDP90-00530R000300580001-0 ANT LAWS 383 tivity unless participation in such activity by such member is oth- erwise authorized by law. ? 376. Assistance not to affect adversely military preparedness Assistance (including the provision of any equipment or facility or the assignment of any personnel) may not be provided to any civilian law enforcement official under this chapter if the provision of such assistance will adversely affect the military preparedness of the United States. The Secretary of Defense shall issue such regu- lations as may be necessary to insure that the provision of any such assistance does not adversely affect the military preparedness of the United States. ? 377. Reimbursement The Secretary' of Defense shall.issue regulations providing that reimbursement may be a condition of assistance to a civilian law enforcement official under this chapter. ? 378. Nonpreemption of other law Nothing in this chapter shall be construed to limit the authority of the executive branch in the use of military personnel or equip- ment for civilian law enforcement purposes beyond that provided by law before December 1, 1981. ? 379. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes (a) The Secretary of Defense and the Secretary of Transportation shall provide that there be assigned on board appropriate surface naval vessels at sea in a drug-interdiction area members of the Coast Guard who are trained in law enforcement and have powers of the Coast Guard under title 14, including the power to make ar- rests and to carry out searches and seizures. (b) Members of the Coast Guard assigned to duty on board naval vessels under this section shall perform such law enforcement func- tions (including drug-interdiction functions)- (1) as may be agreed upon by the Secretary of Defense and the Secretary of Transportation; and (2) as are otherwise within the jurisdiction of the Coast Guard. (c) No fewer than 500 active duty personnel of the Coast Guard shall be assigned each fiscal year to duty under this section. How- ever, if at any time the Secretary of Transportation, after consulta- tion with the Secretary of Defense, determines that there are insuf- ficient naval vessels available for purposes of this section, such per- sonnel may be assigned other duty involving enforcement of laws listed in section 374(a)(1) of this title. (d) In this section, the term "drug-interdiction area" means an area outside the land area of the United States in which the Secre- tary of Defense (in consultation with the Attorney General) deter- mines that activities involving smuggling of drugs into the United States are ongoing. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 ,.._ ....._ SECTION 1101 OF PUBLIC LAW 90-351 (TENURE AND SENATE CONFIRMATION OF FBI DIRECTOR) SEC. 1101. (a) Effective as of the day following the date on which the present incumbent in the office of Director ceases to serve as such, the Director of the Federal Bureau of Investigation shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed for level II of the Federal Executive Salary Schedule [section 5313 of Title 5, Government Organization and Employees]. (b) Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after June 1, 1973, the term of service of the Director of the Federal Bureau of Investigation shall be ten years. A Director may not serve more than one ten-year term. The provisions of subsections (a) through (c) of section 8335 of title 5, United States Code, shall apply to any individuals appointed under this section. SECTION 203(b) OF PUBLIC LAW 98-411 (FBI UNDERCOVER OPERATIONS) GENERAL PROVISIONS-DEPARTMENT OF JUSTICE * * * * SEC. 203. (a) * * * (b)(1) With respect to any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Ad- ministration which is necessary for the detection and prosecution of crimes against the United States or for the collection of foreign intelligence or counterintelligence- (A) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Admin- istration, for fiscal year 1985, may be used for purchasing prop- erty, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the ter- ritories and possessions of the United States, without regard to section 1341 of title 31 of the United States Code, section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third undesignated paragraph under the heading "Miscellaneous" of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), section 3324 of title 31 of the United States Code, section 3741 of the Revised Statutes (41 U.S.C. 22), and subsections (a) and (c) of section 304 of the Federal Property and Administrative Service Act of 1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c)), (B) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Admin- istration, for fiscal year 1985, may be used to establish or to acquire proprietary corporations or business entities as part of an undercover investigative operation, and to operate such cor- porations or business entities on a commercial basis, without regard to section 9102 of title 31 of the United States Code, (C) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Admin- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I rctLtvMNT LAWS 385 istration, for fiscal year 1985, and the proceeds from such un- dercover operation, may be deposited in banks or other finan- cial institutions, without regard to section 648 of title 18 of the United States Code and section 3302 of title 31 of the United States Code, and (D) proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such op- eration, without regard to section 3302 of title 31 of the United States Code, only, in operations designed to detect and prosecute crimes against the United States, upon the written certification of the Director of the Federal Bureau of Investigation (or, if designated by the Direc- tor, a member of the Undercover Operations Review Committee es- tablished by the Attorney General in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Oper- ations, as in effect on July 1, 1983), or the Administrator of the Drug Enforcement Administration, as the case may be, and the At- torney General (or with respect to Federal Bureau of Investigation undercover operations, if designated by the Attorney General, a member of such Review Committee), that any action authorized by subparagraph (A), (B), (C), or (D), is necessary for the conduct of such undercover operation. If the undercover operation is designed to collect foreign intelligence or counterintelligence, the certifica- tion that any action authorized by subparagraph (A), (B), (C), or (D) is necessary for the conduct of such undercover operation shall be by the Director of the Federal Bureau of Investigation (or, if desig- nated by the Director, the Assistant Director, Intelligence Division) and the Attorney General (or, if designated by the Attorney Gener- al, the Counsel for Intelligence Policy). Such certification shall con- tinue in effect for the duration of such undercover operation, with- out regard to fiscal years. (2) As soon as the proceeds from an undercover investigative op- eration with respect to which an action is authorized and carried out under subparagraphs (C) and (D) of subsection (a) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited in the Treasury of the United States as miscellaneous receipts. (3) If a corporation or business entity established or acquired as part of an undercover operation under subparagraph (B) of para- graph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Federal Bureau of Investigation or the Drug Enforcement Administration, as much in advance as the Di- rector or the Administrator, or the designee of the Director or the Administrator, determines is practicable, shall report the circum- stances to the Attorney General and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obliga- tions are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. (4)(A) The Federal Bureau of Investigation or the Drug Enforce- ment Administration, as the. case may be, shall conduct a detailed financial audit of each undercover investigative operation which is closed in fiscal year 1985, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 you rtcLrvANT LAWS (i) submit the results of such audit in writing to the Attorney General, and (ii) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. (B) The Federal Bureau of Investigation and the Drug Enforce- ment Administration shall each also submit a report annually to the Congress specifying as to their respective undercover investiga- tive operations- (i) the number, by programs, of undercover investigative op- erations pending as of the end of the one-year period for which such report is submitted, (ii) the number, by programs, of undercover investigative op- erations commenced in the one-year period preceding the period for which such report is submitted, and (iii) the number, by programs, of undercover investigative op- erations closed in the one-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained. With respect to each such closed undercover operation which involves any of the sensitive circumstances specified in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Op- erations, such report shall contain a detailed description of the operation and related matters, including information pertain- ing to- (I) the results, (II) any civil claims, and (III) identification of such sensitive circumstances in- volved, that arose at any time during the course of such undercover operation. (5) For purposes of paragraph (4)- (A) the term "closed" refers to the earliest point in time at which- (I) all criminal proceedings (other than appeals) are con- cluded, or (II) covert activities are concluded, whichever occurs later, (B) the term "employees" means employees, as defined in section 2105 of title 5 of the United States Code, of the Federal Bureau of Investigation, and (C) the terms "undercover investigative operation" and "un- dercover operation" mean any undercover investigative oper- ation of the Federal Bureau of Investigation or the Drug En- forcement Administration (other than a foreign counterintelli- gence undercover investigative operation)- (i) in which- (I) the gross receipts (excluding interest earned) exceed $50,000, or (II) expenditures (other than expenditures for sala- ries of employees) exceed $150,000, and (ii) which is exempt from section 3302 or 9102 of title 31 of the United States Code, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I nrLLvnNT LAWS 387 except that clauses (i) and (ii) shall not apply with respect ? to the report required under subparagraph (B) of such paragraph. SECTION 1221 OF THE DEPARTMENT OF DEFENSE AUTHORIZATION ACT, 1986 (POLYGRAPH PROGRAM) SEC. 1221. COUNTERINTELLIGENCE POLYGRAPH PROGRAM (a) IMPLEMENTATION OF PROGRAM.-During fiscal years 1986 and 1987, the Secretary of Defense shall implement a program of coun- terintelligence, polygraph examinations based upon Department of Defense Directive 5210.48, dated December 24, 1984, for military and civilian personnel of the Department of Defense and personnel of defense contractors whose duties involve access to classified in- formation at the level of top secret or classified information within special access programs established under section 4.2(a) of Execu- tive Order 12356. (b) LIMITATION DURING FISCAL YEARS 1986 AND 1987.-The total number of persons required to take a counterintelligence polygraph examination under this section- (1) may not exceed 3,500 during fiscal year 1986; and (2) may not exceed 7,000 during fiscal year 1987. (c) REPORTS.-(1) Not later than December 31, 1985, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on his plans to expand the use of polygraph examinations in the Department of Defense. Such report shall include a discussion of the Secretary's plans for recruiting and training additional polygraph operators. (2) Not later than December 31, 1986, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of polygraph examinations ad- ministered by or for the Department of Defense during fiscal year 1986. The report shall include- (A) the number of polygraph examinations conducted during such fiscal year; (B) a description of the purposes and results of such exami- nations; (C) a description of the criteria used for selecting programs and individuals for examinations; (D) the number of persons who refused to submit to an exam- ination; (E) a description of the actions taken, including denial of clearance or any adverse action, when an individual either failed or refused to take the examination; (F) an explanation of the uses made of the results of the ex- aminations; and (G) a detailed accounting of those cases in which more than two examinations were needed to attempt to resolve discrepan- cies. (d) POLYGRAPH RESEARCH PROGRAM.-(1) The Secretary of De- fense shall carry out a continuing research program to support the polygraph actitivies of the Department of Defense. The program shall include- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 saa KtLLVANT LAWS (A) an on-going evaluation of the validity of polygraph tech- niques used by the Department; (B) research on polygraph countermeasures and anti-counter- measures; and (C) developmental research on polygraph techniques, instru- mentation, and analytic methods. (2) Not later than December 31 of each year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on the results during the preceding fiscal year of the research program referred to in para- graph (1). (3) There is authorized to be appropriated to the Department of Defense for fiscal year 1986 the sum of $590,000 to carry out the research program referred to in paragraph (1). (e) NON-APPLICATION OF SECTION.-This section does not apply- (1) to an individual assigned or detailed to the Central Intel- ligence Agency or to any expert or consultant under a contract with the Central Intelligence Agency; (2) to (A) an individual employed by or assigned or detailed to the National Security Agency, (B) an expert or consultant under contract to the National Security Agency, (C) an employ- ee of a contractor of the National Security Agency, or (D) an individual applying for a position in the National Security Agency; . (3) to an individual assigned to a space where sensitive cryp- tographic information is produced, processed, or stored; and (4) to any polygraph examination conducted under the au- thorization granted by the Secretary of Defense on August 31, 1982, on a person who is participating in a national program- (A) which has as its purpose the collection of specialized intelligence through reconnaissance; (B) which is under the purview of the Director of Central Intelligence; and (C) for which a requirement for a polygraph examination was established on or before October 1, 1985, as a condition for participation in such program. The number of examinations conducted pursuant to such authori- zation during fiscal year 1987 may not exceed the number conduct- ed pursuant to such authorization during fiscal year 1986. NATIONAL NARCOTICS ACT (CHAPTER XIII OF PUBLIC LAW 98-473) CHAPTER XIII-NATIONAL NARCOTICS ACT SEC. 1301. [21 U.S.C. 1201 note] This chapter may be cited as the "National Narcotics Act of 1984". SEC. 1302. [21 U.S.C. 1201] (a) The Congress hereby makes the following findings: (1) The flow of illegal narcotics into the United States is a major and growing problem. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 PVT LAWS 389 (2).The problem of illegal drug activity falls across the entire specrum of Federal activities both nationally and internation- ally. (3). Illegal drug trafficking is estimated by the General Ac- counting Office to be an $80,000,000,000 per annum industry in the United States. (4) The annual consumption of drugs has reached epidemic proportions. (5) Despite the efforts of the United States Government and other nations, the mechanisms for smuggling opium and other hard drugs into the United States remain virtually intact and United States agencies estimate that they are able to interdict no more than 5 to 15 percent of all hard drugs flowing into the country. (6) Such significant indicators of the drug problem as drug- related deaths, emergency room visits, hospital admissions due to drug-related incidents, and addiction rates are soaring. (7) Increased drug trafficking is strongly linked to violent, addiction-related crime and recent studies have shown that over 90 percent of heroin users rely upon criminal activity as a means of income. (8) Much of the drug trafficking is handled by syndicates, a situation which results in increased violence and crimnal activ- ity because of the competitive struggle for control of the do- mestic drug market. (9) Controlling the supply of illicit drugs is a key to reducing the crime epidemic confronting every region of the country. (10) The magnitude and scope of the problem requires the es- tablishment of a National Drug Enforcement Policy Board, chaired by the Attorney General, to facilitate coordination of all Federal efforts by relevant agencies. (11) Such a Board must have responsibility for coordinating the operations of Federal agencies involved in attacking this problem through the development of policy and resources, so that a unified and efficient effort can be undertaken. (b) It is the purpose of this Act to insure- (1) the maintenance of a national and international effort against illegal drugs; (2) that the activities of the Federal agencies involved are fully coordinated; and (3) that a single, competent, and responsible high-level Board of the United States Government, chaired by the Attorney General, will be charged with this responsibility of coordinat- ing United States policy with respect to national and interna- tional drug law enforcement. SEC. 1303. [21 U.S.C. 1202] There is established in the executive branch of the Government a Board to be known as the "National Drug Enforcement Polcy Board" (hereinafter in this Act referred to as the "Board"). There shall be at the head of the Board a chair- man who shall be the Attorney General (hereinafter in this Act re- ferred to as the "Chairman"). In addition to the Chairman, the Board shall be comprised of the Secretaries of State, Treasury, De- fense, Transportation, Health and Human Services, the Director of Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 oau rctLtVANT LAWS the Office of Management and Budget, and the Director of Central Intelligence and such other officials as may be appointed by the President. Decisions made by the Board pursuant to section 4(a) of this Act shall be acknowledged by each member thereof in writing. SEC. 1304. [21 U.S.C. 1203] (a) The Board shall facilitate coordi- nation of United States operations and policy on illegal drug law enforcement. In the furtherance of that responsibility, the Board shall have the responsibility, and is authorized to- (1) review, evaluate and develop United States Government policy, strategy and resources with respect to illegal drug law enforcement efforts, including budgetary priorities and a Na- tional and International Drug Law Enforcement Strategy; (2) facilitate coordination of all United States Government efforts to halt national and international trafficking in illegal drugs; and (3) coordinate the collection and evaluation of information necessary to implement United States policy with respect to il- legal drug law enforcement. (b) For the purpose of coordinating the activities of the several departments and agencies with responsibility for drug law enforce- ment and implementing the determinations of the Board, it shall be the duty of the Chairman- (1) to advise the Board in matters concerning drug, law en- forcement; (2) to make recommendations to the Board for the coordina- tion of drug enforcement activities; (3) to correlate and evaluate intelligence and other informa- tion on drug law enforcement to support the activities of the Board; (4) to act as primary adviser to the President and Congress on national and international illegal drug law enforcement programs and policies developed by the Board under subsection (a) of this section and the implementation thereof; and (5) to perform such other duties as the President may direct. (c) In carrying out responsibilities under this section, the Chair- man, on behalf of the Board, is authorized to- (1) direct, with the concurrence of the head of the agency employing such personnel, the assignment of Government per- sonnel within the United States Government in order to imple- ment United States policy with respect to illegal drug law en- forcement; (2) provide guidance in the implementation and maintenance of policy, strategy, and resources developed under subsection (a) of this section; (3) review and approve the reprogramming of funds relating to budgetary priorities developed under subsection (a) of this section; (4) procure temporary and intermittent services under sec- tion 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for the grade of GS-18 of the General Schedule; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I KLUVANT LAWS 391 (5) accept and use donations of property from all Govern- ment agencies; and (6) use the mails in the same manner as any other depart- ment or agency of the executive branch. (d) Notwithstanding the authority granted in this section, the Board and the Chairman shall not interfere with routine law en- forcement or intelligence decisions of any agency and shall under- take no activity inconsistent with the authorities and responsbili- ties of the Director of Central Intelligence under the provisions of the National Security Act of 1947, as .amended, or Executive Order 12333. (e) The Administrator of the General Services Administration shall provide to the Board on a reimbursable basis such adminis- trative support services as the Chairman may request. SEC. 1305. [21 U.S.C. 1204] The Chairman shall submit to the Congress, within nine months after enactment of this Act, and bi- annually thereafter, a full and complete report reflecting United States policy with respect to illegal drug law enforcement, plans proposed for the implementation of such policy, and, commencing with the submission of the second report, a full and complete report reflecting accomplishments with respect to the United States policy and plans theretofore submitted to the Congress. SEC. 1306. Title II of the Drug Abuse Prevention, Treatment and Rehabilitation Act (21 U.S.C. 1112) is amended by adding at the end of section 201 (21 U.S.C. 1111) a new subsection (d) as follows: "(d) SUPPORT TO NATIONAL DRUG ENFORCEMENT POLICY BOARD.- One of the. duties of the White House Office of Drug Abuse Policy shall be to insure coordination between the National Drug Enforce- ment Policy Board and the health issues associated with drug abuse.". SEC. 1307. [21 U.S.C. 1202 note] This chapter and the amend- ments made by this chapter shall take effect January 20, 1985. SECTION 1114 OF TITLE 18, UNITED STATES CODE (ASSAULT ON INTELLIGENCE OFFICERS) ? 1114. Protection of officers and employees of the United States Whoever kills or attempts to kill any judge of the United States, any United States Attorney, any Assistant United States Attorney, or any United States marshal or deputy marshal or person em- ployed to assist such marshal or deputy marshal, any officer or em- ployee of the Federal Bureau of Investigation of the Department of Justice, any officer or employee of the Postal Service, any officer or employee of the secret service1 or of the Drug Enforcement Admin- istration, any officer or member of the United States Capitol Police, any member of the Coast Guard, any employee of the Coast Guard assigned to perform investigative, inspection or law enforce- ment functions, any officer or employee of any United States penal or correctional institution, any officer, employee or agent of the customs or of the internal revenue or any person assisting him in Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ayc KtUVMNT LAWS the execution of his duties, any immigration officer, any officer or employee of the Department of Agriculture or of the Department of the Interior designated by the Secretary of Agriculture or the Secretary of the Interior to enforce any Act of Congress for the pro- tection, preservation, or restoration of game and other wild birds and animals, any employee of the Department of Agriculture desig- nated by the Secretary of Agriculture to carry out any law or regu- lation, or to perform any function in connection with any Federal or State program or any program of Puerto Rico, Guam, the Virgin Islands of the United States, or the District of Columbia, for the control or eradication or prevention of the introduction or dissemi- nation of animal diseases, any officer or employee of the National Park Service, any civilian official or employee of the Army Corps of Engineers assigned to perform investigations, inspections, law or regulatory enforcement functions, or field-level real estate func- tions, any officer or employee of, or assigned to duty in, the field service of the Bureau of Land Management, or any officer or em- ployee of the Indian field service of the United States, or any offi- cer or employee of the National Aeronautics and Space Adminis- tration directed to guard and protect property of the United States under the administration and control of the National Aeronautics and Space Administration, any security officer of the Department of State or the Foreign Service, or any officer or employee of the Department of Health, Education, and Welfare, the Consumer Product Safety Commission, Interstate Commerce Commission, the Department of Commerce, or of the Department of Labor or of the Department of the Interior or of the Department of Agriculture as- signed to perform investigative, inspection, or law enforcement functions, or any officer or employee of the Federal Communica- tions Commission performing investigative, inspection, or law en- forcement functions, or any officer or employee of the Veterans' Administration assigned to perform investigative or law enforce- ment functions, or any United States probation or pretrial services officer, or any United States magistrate, or any officer or employee of any department or agency within the Intelligence Community (as defined in section 3.4(F) of Executive Order 12333, December 8, 1981, or successor orders) not already covered under the terms of this section, any attorney, liquidator,' examiner, claim agent, or other employee of the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Board of Governors of the Federal Reserve System, any Federal Reserve bank, or the National Credit Union Administration, or any other officer, agency, or employee of the United States designated for coverage under this section in regulations issued by the Attorney General engaged in or on account of the performance of his official duties, or any officer or employee of the United States or any agency thereof designated to collect or compromise a Federal claim in accordance with sections 3711 and 3716-3718 of title 31 or other statutory authority shall be punished as provided under sections 1111 and 1112 of this title, except that any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 K. COUNTRY-SPECIFIC LEGISLATIVE. RESTRICTIONS I SECTIONS 106 AND 107 OF PUBLIC LAW 99-569 (INTELLI- GENCE AUTHORIZATION ACT FOR FISCAL YEAR 1987) RESTRICTION ON SUPPORT FOR MILITARY OR PARAMILITARY OPERATIONS IN NICARAGUA SEC. 106. Funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated and ex- pended during fiscal year 1987 to provide funds, materiel, or other assistance to the Nicaraguan democratic resistance to support mili- tary or paramilitary operations in Nicaragua only as authorized in section 101 and as specified in the classified Schedule of Authoriza- tions referred to in section 102, or pursuant to section 502 of the National Security Act of 1947, or pursuant to any provision of law specifically providing such funds, materiel, or assistance. RESTRICTION ON INTELLIGENCE AGENCY COOPERATION WITH SOUTH AFRICA SEC. 107. No agency or entity of the United States involved in in- telligence activities may engage in any form of cooperation, direct or indirect, with the Government of South Africa, except activities which are reasonably designed to facilitate the collection of neces- sary intelligence. It is the policy of the United States that no agency or entity of the United States involved in intelligence ac- tivities may provide any intelligence information to the Govern- ment of South Africa which pertains to a South African internal opposition group, movement, organization, or individual. Any change in such policy, or the provision of intelligence information contrary to such policy, shall be considered a significant anticipat- ed intelligence activity for purposes of section 501 of the National Security Act of 1947. SECTION 9045 OF PUBLIC LAW 99-591 (DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1987) SEC. 9045. None of the funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obli- gated or expended during fiscal year 1987 to provide funds, materi- el, or other assistance to the Nicaraguan democratic resistance I In connection with this subject, see also title II of the Act entitled An Act making appro- priations for military construction for the Department of Defense for the fiscal year ending Sep- tember 30, 1987, and for other purposes" (P.L. 99-591). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 394 LEGISLATIVE RESTRICTIONS unless in accordance with the terms and conditions specified by section 106 of the Intelligence Authorization Act for fiscal year 1987. SECTION 722 OF PUBLIC LAW 99-83 (INTERNATIONAL SECURITY DEVLOPMENT COOPERATION ACT OF 1985) SEC. 722. NICARAGUA. (a) * * * * * * * (d) PROHIBITION RELATING TO MILITARY OR PARAMILITARY OPER- ATIONS IN NICARAGUA.-Notwithstanding any other provision of law, no funds authorized to be appropriated or otherwise made available by this Act (except the funds authorized to be appropri- ated in this section), by the Foreign Assistance Act of 1961, or by the Arms Export Control Act shall be used to provide assistance of any kind, either directly or indirectly, to any person or group en- gaging in an insurgency or other act of rebellion against the Gov- ernment of Nicaragua. The United States shall not enter into any arrangement conditioning, expressly or impliedly, the provision of assistance under this Act or the purchase of defense articles and services under the Arms Export Control Act upon the provision of assistance by a recipient to persons or groups engaging in an insur- gency or other act of rebellion against the Government of Nicara- gua. (e) LIMITATION ON USE OF FUNDS AGAINST NICARAGUA.-NOne of the funds authorized to be appropriated in this or any other Act can be used to fund directly, or indirectly, activities against the Government of Nicaragua which have not been authorized by, or pursuant to, law and which would place the United States in viola- tion of our obligations under the Charter of the Organization of American States, to which the United States is a signatory, or under international law as defined by treaty commitments agreed to, and ratified by, the Government of the United States. SECTIONS 211 AND 322 OF PUBLIC LAW 99-440 (ANTI- APARTHEID ACT OF 1986) PROHIBITION ON ASSISTANCE TO ANY PERSON OR GROUP ENGAGING IN "NECKLACING" SEC. 211. No assistance may be provided under this Act, the For- eign Assistance Act of 1961, or any other provision of law to any individual, group, organization, or member thereof, or entity that directly or indirectly engages in, advocates, supports, or approves the practice of execution by fire, commonly known as "necklacing". PROHIBITION ON COOPERATION WITH THE ARMED FORCES OF SOUTH AFRICA SEC. 322. No agency or entity of the United States may engage in any form of cooperation, direct or indirect, with the.armed forces of Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 LIuiMLniiVE RESTRICTIONS 395 the Government of South Africa, except activities which are rea- sonably designed to facilitate the collection of necessary intelli- gence. Each such activity shall be considered a significant antici- pated intelligence activity for purposes of section 501 of the Nation- al Security Act of 1947. SECTION 1351 OF PUBLIC LAW 99-661 (NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1987) SEC. 1351. LIMITATION ON SOURCE OF FUNDS FOR NICARAGUAN DEMO- CRATIC RESISTANCE (a) LIMITATION.-Notwithstanding title II of the Military Con- struction Appropriations Act, 1987, or any other provision of law, funds appropriated or otherwise made available to the Department of Defense for any fiscal year for operation and maintenance may not be used to provide assistance for the democratic resistance forces in Nicaragua. If funds appropriated or otherwise made avail- able to the Department of Defense for any fiscal year are author- ized by law to be used for such assistance, funds for such purpose may only be derived from amounts appropriated or otherwise made available to the Department for procurement (other than ammuni- tion). (b) REPORT.-Before funds appropriated or otherwise made avail- able to the Department of Defense are released to be used for the purpose described in subsection (a), the Secretary of Defense shall submit to Congress a report describing the specific source of such funds. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 L. CITATIONS TO OTHER STATUTES OF INTELLIGENCE INTEREST Personnel 5 U.S.C. 305 (CIA and NSA exemptions from systematic review of agency operations) (see also 5 U.S.C. 5331) 5 U.S.C. 2302 (FBI, CIA, DIA, NSA, and other intelligence exemp- tion from merit system principles) 5 U.S.C. 2305 (CIA and NSA special personnel authorities exemp- tion from merit systems principles) 5 U.S.C. 2953 (CIA exemption from 5-year cost projection require- ments in certain reports to Congress) 5 U.S.C. 3132 (FBI, CIA, DIA, NSA, and other intelligence exemp- tion from senior executive service) (see also 5 U.S.C. 3391, 3591, 4311, and 5381) 5 U.S.C. 3391 (cross reference to Sec. 3132 intelligence exemptions, relating to senior executive service personnel management) 5 U.S.C. 3401 (FBI, CIA, and NSA exemption from part-time career employment opportunity statutes) 5 U.S.C. 3591 (intelligence exemptions from senior executive service separation statutes by cross reference to Sec. 3132) 5 U.S.C. 4301 (CIA, DIA, NSA, and other intelligence exemptions from performance appraisal statutes) 5 U.S.C. 4311 (intelligence exemptions from senior executive service performance appraisal statutes by cross reference to Sec. 3132) 5 U.S.C. 4701 (FBI, CIA, DIA, NSA, and other intelligence exemp- tion from personnel research and demonstration project stat- utes) 5 U.S.C. 5102 (CIA and NSA exemptions from personnel classifica- tion statutes) 5 U.S.C. 5331 (CIA and NSA exemptions from general schedule pay rate statutes by cross reference to Sec. 5102) 5 U.S.C. 5342 (CIA and NSA exemptions from prevailing rate pay systems) 5 U.S.C. 5373 (CIA exemption from GS-18 pay rate statutory cap for pay fixed by administrative action) 5 U.S.C. 5381 (intelligence exemption from senior executive service pay statutes by cross reference to Sec. 3132) 5 U.S.C. 5727 (CIA exemption from certain statutory restrictions on government shipment of privately owned vehicle) 5 U.S.C. 5924 (CIA and NSA dependents travel) 5 U.S.C. 5948 (applicability of physician comparability allowances to CIA and NSA medical personnel) 5 U.S.C. 6304 (DIA and NSA executive service exemptions from re- striction on accumulation of annual leave) Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 398 CITATIONS TO OTHER STATUTES 5 U.S.C. 7103 (FBI, CIA, NSA exemption from Federal labor-man- agment relations statutes) 5 U.S.C. 7211 (right of any federal employee to furnish information to Congress) 5 U.S.C. 7301-7352 (federal employee suitability, security and con- duct) 5 U.S.C. 7531-32 (national security suspensions and removals of DoD and certain other federal personnel) 5 U.S.C. 9101 (DOD, OPM, CIA, FBI access to criminal history records for security clearances investigations) 5 U.S.C. Appendix, Federal Advisory Committee Act, Sec. 4 (CIA exemption) 10 U.S.C. 1089 (suits against U.S. for malpractice by CIA medical personnel) 10 U.S.C. 1489 (death gratuity for survivors of certain DoD intelli- gence personnel) 22 U.S.C. 3970 (compensation for certain imprisoned CIA-related foreign nationals) 26 U.S.C. 912 (exclusion from gross income of certain CIA allow- ances and benefits) 31 U.S.C. 9503 (exemption, subject to Presidential adjustment, of CIA retirement system from annual pension plan report to Congress and GAO) 42 U.S.C. 290dd-1 (CIA, FBI, and NSA exemptions from statute prohibiting termination or non-hiring based solely on alcohol- ism) 42 U.S.C. 290ee-1 (CIA, FBI, and NSA exemptions from statute pro- hibiting termination or non-hiring based solely on ground of prior drug abuse) Procurement 10 U.S.C. 2315 (DoD intelligence and cryptologic exemption from certain government-wide restrictions on computer procure- ment) 10 U.S.C. 2795 (DMA agreements to exchange mapping, charting, and geodetic data) 40 U.S.C. 474, Federal Property and Administrative Services Act of 1949, as amended, Sec. 602(d)(17) (CIA exemption) 40 U.S.C. 759(a), Federal Property and Administrative Services Act of 1949, Sec. 111(a) (Procurement of DoD automatic data proc- essing equipment or services) Immigration 8 U.S.C. 1105, Immigration and Nationality Act, Sec. 105 (FBI and CIA liaison with Commissioner of Immigration and Naturaliza- tion) 8 U.S.C. 1427(c), Immigration and Nationality Act, Sec. 316(c) (satis- faction of physical presence requirement for naturalization by person employed by or under contract to CIA) 50 U.S.C. 47c, Atomic Energy and Special Nuclear Materials Re- wards Act, Sec. 4 (Director of Central Intelligence role in ad- mitting alien) Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001.0 J OTHER STATUTES 399 Use of funds 10 U.S.C. 128 (funds transfers of foreign cryptologic support) 10 U.S.C. 140a (DoD expenditures for counterintelligence consulta- tions with foreign officials 10 U.S.C. 140b (Military departments' use of proceeds from counter- intelligence operations) 28 U.S.C. 539 (FBI expenditures for counterintelligence consulta- tions with foreign officials) 50 U.S.C. 47e, Atomic Weapons and Special Nuclear Materials Re- wards Act, Sec. 6 (Director of Central Intelligence role in paying rewards) 18 U.S.C. 1028 (intelligence exemption from false identification statute) 18 U.S.C. 1029 (intelligence exemption from credit card protection statute) 18 U.S.C. 1030 (intelligence exemption from computer fraud stat- ute) 18 U.S.C. 1367 (intelligence exemption from satellite interference statute) 18 U.S.C. 1546 (intelligence exemption from false visa statute) Information protection 5 U.S.C. 7342 (protection of intelligence sources and methods in CIA reports on receipt and disposition of foreign gifts) 22 U.S.C. 2577(c), Arms Control and Disarmament Act, Sec. 37 (pro- tection of intelligence sources, methods and persons employed in verification, in arms control report to Congress) 22 U.S.C. 2656(c), Foreign Relations Authorization Act, FY 1979, Sec. 503 (protection of intelligence sources, methods and per- sons engaged in monitoring scientific/technological develop- ments, in report to Congress) 42 U.S.C. 2162, Atomic Energy Act of 1954, Sec. 142 (Director of Central Intelligence role in downgrading restrictions on re- stricted data concerning atomic energy programs of other na- tions) 50 U.S.C. 783(b) (federal employee unauthorized disclosure of classi- fied information to agent of a foreign power) 50 U.S.C. Appendix 2411, Export Administration Act of 1979, as amended, Sec. 12 (protection of intelligence sources, methods and activities in sharing export control-related information with Department of Commerce and GAO) Other 10 U.S.C. 167(a) (intelligence/special activities exception to special operations forces authority) 18 U.S.C. 3056 note (executive agency assistance to Secret Service) 22 U.S.C. 3927, Foreign Service Act of 1980, Sec. 207 (chiefs of U.S. diplomatic missions abroad to be kept fully and currently in- formed) 31 U.S.C. 1344 (intelligence exceptions to official vehicle restriction statute) 42 U.S.C. 3789K, Omnibus Crime Control and Safe Streets Act of 1968, as amended, Sec. 815 (prohibition of Office of Justice Pro- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 400 , CITATIONS TO OTHER STATUTES grams, National Institute of Justice, Bureau of Justice Statis- - tics, and Bureau of Justice- Assistance from using CIA services) 44 U.S.C. 3502, 3518 (intelligence exemptions from Paperwork Re- duction Act) 50 U.S.C. 401 note (preservation of Director of Central Intelligence authorities, notwithstanding National Narcotics Act, Sec. 1304 (21 U.S.C. 1203)) 10 U.S.C. 192 (DIA and NSA exemption from certain CSD or JCS oversight requirements) 10 U.S.C. 192 (DIA and NSA combat support role) 10 U.S.C. 194(d) (NSA exclusion from certain limitations on person- nel) 10 U.S.C. 3013(c)(7); 5013(c)(7); 8013(c)(7) (Service Secretaries super- vision and control of departmental intelligence activities) Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 III. EXECUTIVE ORDERS RELATING TO THE NATIONAL INTELLIGENCE COMMUNITY Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 EXECUTIVE ORDER NO. 10450, SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYEES (April 27, 1963, 5 U.S.C. 7311 note) WHEREAS the interests of the national security require that all persons privi- leged to be employed in the departments and agencies of the Government shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States; and WHEREAS the American tradition that all persons should receive fair, impartial, and equitable treatment at the hands of the Government requires that all per- sons seeking the privilege of employment or privileged to be employed in the departments and agencies of the Government be adjudged by mutually consistent and no less than minimum standards and procedures among the departments and agencies governing the employment and retention in employment of persons in the Federal service : Now, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, including section 1753 of the Revised Statutes of the United States (5 U.S.C. 631) [now sections 3301 and 7301 of title 5, United States Code] ; the Civil Service Act of 1883 (22 Stat. 403; 5 U.S.C. M. et. seq.) [now section 1101 et seq. of title 5, United States Code] ; section 9A of the act of August 2, 1939, 53 Stat. 1148 (5 U.S.C. 118j) [now sections 3333 and 7311 of title 3, United States Code); and the act of August 26, 1950, 64 Stat. 476 (5 U.S.C. 22-1, et seq.) [now section 7501 et seq. of title 5, United States Code], and as President of the United States, and deeming such action necessary in the best interests of the national security it is hereby ordered as follows : SECTION 1. In addition to the departments and agencies specified in the said act of August 26, 1950, and Executive Order No. 10237 of April 26, 1951 the provi- sions of that act shall apply to all other departments and agencies of the Government. Ssc. 2. The head of each department and agency of the Government shall be responsible for establishing and maintaining within his department or agency an effective program to insure that the employment and retention in employment of any civilian officer or employee within the department or agency is clearly con- sistent with the interests of the national security. SEc. 3. (a) The appointment of each civilian officer or employee in any depart- ment or agency and shall not be reemployed in any other department or agency of the Government shall be made subject to investigation. The scope of the in- vestigation shall be determined In the first instance according to the degree of adverse effect the occupant of the position sought to be filled could bring about, by virtue of the nature of the position, on the national security, but in no event shall the investigation include less than a national agency check (including a check of the fingerprint files of the Federal Bureau of Investigation), and written inquiries to appropriate local law enforcement agencies, former employers and supervisors, references, and schools attended by the person under investigation : Provided, that upon request of the held of the department or agency concerned, the Office of Personnel 'Management may. in its discretion, authorize such less investigation as may meet the requirements of the national security with respect to per diem, Intermittent, temporary, or seasonal employees, or aliens employed outside the United States. Should there develop at any stage of investigation information indicating that the employment of any such person may not be clearly consistent with the interests of the national security, there shall be con- ducted with respect to such person a full field Investigation, or such less Inves- tigation as shall be sufficient to enable the head of the department or agency concerned to determine whether retention of such person is clearly consistent with the interests of the national security. (b) The head of any department or agency shall designate, or cause to be designated, any position within his department or agency the occupant of which could bring about, by virtue of the nature of the position, a material adverse effect on the national security as a sensitive position. Any position so designated Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 YVY .LAtwiiVt ORDERS shall be filled or occupied only by a person with respect to whom a full field investigation has been conducted: Provided, that a person occupying a sensitive position at the time it Is designated as such may continue to occupy such position pending the completion of a full field investigation, subject to the other provisions of this order : And provided further, that in case of emergency a sensitive posi- tion may be filled for a limited period by a person with respect to whom a full field pre-appointment investigation has not been completed if the head of the department or agency concerned finds that such action is necessary in the na- tional interest, which finding shall be made a part of the records of such depart- ment or agency. Sec. 4. The head of each department and agency shall review, or cause to be reviewed, the cases of all civilian officers and employees with respect to whom there has been conducted a full field investigation under Executive Order No. 9885 of March 21, 1947, and, after such further investigation as may be appropriate, shall re-adjudicate. or cause to be re-adjudicated, in accordance with the said act of August 26, 1950, such of those cases as have not been adjudicated under a security standard commensurate with that established under this order. Sac. 5. Whenever there is developed or received by any department or agency information indicating that the retention in employment of any officer or employ- ee of the Government may not be clearly consistent with the interests of the national security, such information shall be forwarded to the head of the em- ploying deislrtment or agency or his representative, who, after such investigation as may be appropriate, shall review, or cause to be reviewed, and, where neces- sary, re-adjudicate, or cause to be re-adjudicated, in accordance with the said act of August 20. 19-50. the case of such officer or employee. Sec. 6. Should there develop at any stage of investigation information indicat- ing that the employment of any officer or employees of the Government may not be clearly consistent with the Interests of the national security, the head of the department or agency concerned or his representative shall immediately suspend the employment of the person involved if he deems such suspension necessary in the interests of the national security and, following such investigation and review as be deems necessary the head of the department or agency concerned shall terminate the employment of such suspended officer in the interests of the national security, or employee whenever he shall determine such termina- tion necessary or advisable in accordance with the said act of August 26, 1950. Sec. 7. Any person whose employment is suspended or terminated under the authority granted to heads of departments and agencies by or in accordance with the said act of August 20, 1950, or pursuant to the said Executive Order No. 9835 or any other security or loyalty program relating to officers or employees of the (.ov,?ruuuent. shall not be reinstated or restored to duty or reemployed in the same department or agency and shall not be reemployed in any other department or agency, unless the head of the department or agency concerned finds that such reinstatement, restoration, or reemployment is clearly consistent with the in- terests of the national security, which finding shall be made a part of the records of such department or agent;y : Provided, that no person whose employment has been terminated under such authority thereafter may be employed by any other department or agency except after a determination by the Office of Personnel Management that such person is eligible for such employment. Sac. 8. (a) The investigations conducted pursuant to this order shall be designed to develop information as to whether the employment or retention in employment in the Federal service of the person being Investigated is clearly consistent with the interests of the national security. Such information shall relate, but shall not be limited, to the following : (1) Depending on the relation of the Government employment to the national security : (i) Any behavior, activities, or associations which tend to show that the in- dividual is not reliable or trustworthy. (ii) Any deliberate misrepresentations, falsifications or omissions of material facts. (iii) Any criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, habitual use of intoxicants to excess, drug addiction or sexual per- version. (iv) Any illness, including any mental condition, of a nature which in the opinion of competent medical authority may cause significant defect in the Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I tAtUU FIVE ORDERS 405 judgment or reliability of the employee, with due regard to the transient or continuing effect of the illness and the medical findings In such case. (v) Any facts which furnish reason to believe that the individual may be subjected to coercion, Influence, or pressure which may cause him to act contrary to the best interests of the national security. (2) Commission of any act of sabotage, espionage, treason, or sedition, or attempts thereat or preparation therefor, or conspiring with, or aiding or abet- ting another to commit or attempt to commit any act of sabotage, espionage, treason, or sedition. (3) Establishing or continuing a sympathetic association with a saboteur, spy. traitor, seditionist, anarchist, or revolutionist, or with any espionage or other secret agent or representative of a foreign nation, or any representative of a foreign nation whose Interests may be inimical to the interests of the United States, or with any person who advocates the use of force or violence to overthrow the government of the United States or the alteration of the form of government of the United States by unconstitutionar means. (4) Advocacy of use of force or violence to overthrow the government of the United States, or of the alteration of the form of government of the United States by unconstitutional means. (5) Knowing membership with the specific Intent of furthering the aims of, or adherence to and active participation in, any foreign or domestic organization, association, movement, group, or combination of persons (hereinafter referred to as organizations) which unlawfully advocates or practices the commission of acts of force or violence to prevent others from exercising their rights under the Constitution or laws of the United States or of any State. or which seeks to overthrow the Government of the United States or any State or subdivision thereof by unlawful means. (6) Intentional unauthorized disclosure to any person of security Information, or of other information disclosure of which is prohibited by law. or willful viola- tion or disregard of security regulations. (7) Performing or attempting to perform his duties, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States. (8) Refusal by the individual, upon the ground of constitutional privilege against self-incrimination, to testify before a congressional committee regarding .charges of his alleged disloyalty or other misconduct. (b) The investigation of persons entering or employed in the competitive serv- ice shall primarily be the responsibility of the Office of Personnel Management, except in cases in which the head of a department or agency assumes that respon- sibility pursuant to law or by agreement with the Office. The Office shall furnish a full investigative report to the department or agency concerned. (c) The Investigation of persons (including consultants, however employed), entering employment of, or employed by, the Government other than in the com- petitive service shall primarily be the responsibility of the employing department or agency. Departments and agencies without Investigative facilities may use the investigative facilities of the Office of Personnel Management, and other depart- ments and agencies may use such facilities under agreement with the Office. (d) There shall be referred promptly to the Federal Bureau of Investigation all Investigations being conducted by any other agencies which develop Informa- tion indicating that an individual may have been subjected to coercion, influence, or pressure to act contrary to the Interests of the national security, or Informa- tion relating to any of the matters described in subdivisions (2) through (8) of subsection (a) of this section. In cases so referred to it, the Federal Bureau of Investigation shall make a full field investigation. Sec. 9. (a) There shall be established and maintained In the Office of Personnel Management a security-investigations index covering all persons as to whom security Investigations have been conducted by any department or agency of the Government under this order. The central Index established and maintained by the Office under Executive Order No. 9835 of March 21, 1947, shall be made a part of the security-investigations Index. The security-investigations index shall con- tain the name of each person investigated, adequate identifying information con- cerning each such person, and a reference to each department and agency which has conducted an investigation concerning the person involved or has suspended or terminated the employment of such person under the authority granted to heads of departments and agencies by or in accordance with the said act of August 26.1960. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 4U6 EXECUTIVE ORDERS (b) The heads of all departments and agencies shall furnish promptly to the Office of Personnel Management Information appropriate for the establishment and maintenance of the security-Investigations index. (c) The reports and other investigative material and Information developed by investigations conducted pursuant to any statute, order, or program described in section 7 of this order shall remain the property of the investigative agencies conducting the investigations, but may. subject to considerations of the national security, be retained by the department or agency concerned. Such reports and other Investigative material and information shall be maintained in confidence, and no access shall be given thereto except with the consent of the Investigative agency concerned, to other departments and agencies conducting security pro- grams under the authority granted by or in accordance with the said-act of August 26, 1950, as may be required for the efficient conduct of Government business. Sec. 10. Nothing In this order shall be construed as eliminating or modifying in any way the requirement for any investigation or any determination as to secn- rity which may be required by law. Sec. 11. On and after the effective date of this order the Loyalty Review Board established by Executive Order No. 9835 of March 21, 1947, shall not accept agency findings for review, upon appeal or otherwise. Appeals pending before the Loyalty Review Board on such date shall be heard to final determination in -accordance with the provisions of the said Executive Order No. 983.5, as amended. Agency determinations favorable to the officer or employee concerned pending before the Loyalty Review Board on such date shall be acted upon by such Board, and whenever the Board is not in agreement with such favorable determination the case shall he remanded to the department or agency concerned for determina- tion in accordance with the standards and procedures established pursuant to this order. Cases pending before the regional loyalty boards of the Office of Personnel Management on which hearings have not been initiated on such date shall be referred to the department or agency concerned. Cases being heard by regional loyalty boards on such date shall be heard to conclusion, and the deter- mination of the board shall be forwarded to the head of the department or agency concerned: Provided, that. it no specific department or agency Is Involved, the case shall be dismissed without prejudice to the applicant. Investigations pending in the Federal Bureau of Investigation or the Office of Personnel Management on such date shall be completed, and the reports thereon shall be made to the appro- priate department or agency. SEC. 12. Executive Order No. 9835 of March 21, 1947, as amended, is hereby revoked. Sac. 13. The Attorney General is requested to render to the heads of depart- ments and agencies such advice as may be requisite to enable them to establish and maintain an appropriate employee-security program. Sac. 14. (a) The Office of Personnel Management. with the continuing advice and collaboration of representatives of such departments and agencies as the National Security Council may designate, shall make a continuing study of the manner in which this order is being, Implemented by the departments and agen- cies of the Government for the purpose of determining : (1) Deficiencies in the department and agency security programs established under this order which are inconsistent with the interests of or directly or indi- rectly weaken, the national security. (2) Tendencies in such programs to deny to Individual employees fair, impar- tial and equitable treatment at the hands of the Government. or rights under the Constitution and laws of the United States or this order. Information affecting any department or agency developed or received during the course of such Continuing study shall be furnished immediately to the head of the department or agency concerned. The Office of Personnel Management shall report to the National Security Council, at least semiannually, on the results of such study, shall recommend means to correct any such deficiencies or tendencies. and shall inform the National Security Council immediately of any deficiency which is deemed to be of major importance. (b) All departments anal agencies of the Government are directed to cooperate with the Office of Personnel Management to facilitate the accomplishment of the responsibilities assigned to it by subsection (a) of this section. (c) To assist the Office of Personnel Management in discharging its responsi- -bilities under this order, the head of each department and agency shall, as soon Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I CAGVVIIVE ORDERS 407 as possible and in no event later than ninety days after receipt of the final inves- tigative report on a civilian officer or employee subject to a full field investigation under the provisions of this order, advise the Office as to the action taken with respect to such officer or employee. The information furnished by the heads of departments and agencies pursuant to this section shall be included in the reports which the Office of Personnel Management is required to submit to the National Security Council in accordance with subsection (a) of this section. Such reports shall set forth any deficiencies on the part of the heads of departments and agencies in taking timely action under this order, and shall mention specifically any instances of noncompliance with this subsection. SEC. 15. This order shall become effective thirty days after the date hereof. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 408 EXECUTIVE ORDERS EXECUTIVE ORDER NO. 1.2139,' EXERCISE OF CERTAIN AUTHORITY RESPECTING ELECTRONIC SURVEILLANCE (May 23, 1979.44 F.H. 30311,50 U.S.C. 1803 note) By the authority vested in me as President by Section 102 and 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 and 1804), in order to provide as set forth in that Act for the authorization of electronic surveillance for foreign intelligence purposes, it i:, hereby ordered as follows: 1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section. 1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act of 1978 (50 U.S.C. 1802(h)), the Attorney General is authorized to approve applications to the court having jurisdiction under Section -103 of that Act to obtain orders for electronic surveillance for the purpose of obtaining foreign intelligence information. 1-103. Pursuant to Section 104(a)(7) of the Foreign Infklligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), the-following officials, each of whom is em- ployed in the area of national security or defense, is designated to make the certifications required by Section 104(a) (7) of the Act in support of applications to conduct electronic surveillance: (a) Secretary of State. (b) Secretary of Defense. (c) Director of Central Intelligence. (d) Director of the Federal Bureau of Investigation. (e) Deputy Secretary of State. (f) Deputy Secretary of Defense. (g) Deputy Director of Central Intelligence. None of the above officials, nor anyone officially acting In that capacity, may exercise the authority to make the above certifications, unless that official has been appointed by the President with the advice and consent of the Senate. 1-104. [Section 1-104 consisted of an amendment to section 2-202 of Executive Order No. 12036.j 1-105. [Section 1-105 consisted of an amendment to section 2-203 of Executive Order No. 12036.1 JIYYT CARTER. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I r.Ar vu i IJE ORDERS 409 Executive Order No. 12537 of President's Foreign Intelligence Advisory Board (October 28, 1985, 50 F.R. 45083) By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to enhance the security of the United States by improving the quality and effectiveness of intelligence available to the United States, it is ordered as follows: Section 1. There is hereby established within the White House Office, Execu- tive Office of the President, the President's Foreign Intelligence Advisory Board.(the "Board"). The Board shall consist of not more than fourteen members, who shall serve at the pleasure of the President and shall be appointed by the President from among trustworthy and distinguished citizens outside the government who are qualified on the basis of achievement, experience, and independence. The President shall establish the terms of the members upon their appointment. To the extent practicable, one-third of the Board at any one time shall be comprised of members whose current term of service does not exceed two years. The President shall designate a Chairman and Vice Chairman from among the members. The Board shall utilize full-time staff and consultants as authorized by the President. Such staff shall be headed by an Executive Director, appointed by the President. Sec. 2. The Board shall assess the quality, quantity, and adequacy of intelli- gence collection, of analysis and estimates, of counterintelligence, and other intelligence activities. The Board shall have the authority to continually review the performance of all agencies of the Federal government that are engaged in the collection, evaluation, or production of intelligence or the execution of intelligence policy. The Board shall further be authorized to assess the adequacy of management personnel, and organization in the intelligence agencies. Sea 9. The Board shall report directly to the President and advise him concerning the objectives, conduct, management, and coordination of the various activities of the agencies of the intelligence community. The Board shall report periodically, but at least *semiannually, concerning findings and appraisals and shall make appropriate recommendations for actions to im- prove and enhance the performance of the intelligence efforts of the United States. Sec. 4. The Board shall receive, consider, and recommend appropriate action with respect to matters, identified to the Board by the Director of Central Intelligence, the Central Intelligence Agency, or other government agencies engaged in intelligence or-related activities, in which the support of the Board will further the effectiveness of the national intelligence effort. With respect to matters deemed appropriate by the President, the Board shall advise and make recommendations to the Director of Central Intelligence, the Central Intelligence Agency, and other government agencies engaged in intelligence and related activities, concerning ways to achieve increased effectiveness'in meeting national intelligence needs. Sec. S. The Board shall have access to the full extent permitted by applicable law to all information necessary to carry out its duties in the possession of any agency of the Federal government. Information made available to the Board shall. be given all necessary security protection in accordance with applicable laws and regulations. Each member of the Board, each member of the Board's staff, and each of the Board's consultants shall execute an agreement never to reveal any classified information obtained by virtue of his or her service with the Board except to the President or to such persons as the President may designate. Sec. 6. Members of the Board shall serve without compensation, but may receive transportation, expenses, and per diem allowance as authorized by law. Staff and consultants to the Board shall receive pay and allowances as authorized by the President. Sec. 7. Executive Order No. 12331 of October 20. 1981 is revoked. 70-116 0 - 87 - 14 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 YLu EAr%,u i IVE ORDERS EXECUTIVE ORDER NO. 12333 OF UNITED STATES INTELLIGENCE ACTIVITIES r (December 4, 1981,46 F. R. 59941) Timely and accurate information about the activities, capabilities. plans, and intentions of foreign powers, organizations, and persons, and their agents. is essential to the national security of the United States. All reasonable and lawful means must be used to ensure. that the United States will receive the best intelligence available. For that purpose, by virtue of the authority vested in rite by the Constitution and statutes of the United States of America, including the National Security Act of 1947? as amended, and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional righte. it is hereby ordered as follows: Part 1 Coals. Direction. Duties and Responsibilities With Respell to the National Intelligence Effort 1.1 Goals. The United States intelligence effort shall provide the President and the National Security Council with the necessary information on which to base decisions concerning the conduct and development of foreign, defense and economic policy, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate idly to fulfill this goal. (a) Maximum emphasis should be given to fostering analytical competition among appropriate elements of the Intelligence Community. (b) All means, consistent with applicable United States law and this Order. and with full consideration of the rights of United States persons, shall be used to develop intelligence information for the President and the National Security Council. A balanced approach between technical collection efforts and other means should be maintained and encouraged. - (c) Special emphasis should be given to detecting and countering espionage and other threats and activities directed by foreign intelligence services against the United States Government. or United States corporations. estab- lishments, or persons. (d) To the greatest extent possible consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, all agencies and departments should seek to ensure full and free exchange of information in order to derive maximum benefit from the United States intelligence effort. 1.2 The National Security Council. (a) Purpose. The National Security Council (NSC) was established by the National Security Act of 1947 to advise the President with respect to the integration of domestic, foreign and military policies relating to the national security. The NSC shall act as the highest Executive Branch entity that provides review of. guidance for and direction to the conduct of all national foreign intelligence. counterintelligence. and special activities. and attendant policies and programs. (b) Committees. The NSC shall establish such committees as may be neces- sary to carry out its functions and responsibilities under this Order. The NSC, or a committee established by it, shall consider and submit to the President a policy recommendation, including all dissents. on each special activity and shall review proposals for other sensitive intelligence operations. 1.3 National Foreign intelligenceAdvisoryGroups. (a)'Establishment and Duties. The Director of Central Intelligence shall estab- lish such boards. councils. or groups as required for the purpose of obtaining advice from within the Intelligence Community concerning: (1) Production: review and coordination of national foreign intelligence; (2) Priorities for the National Foreign Intelligence Program budget; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 LALNV ;EVE ORDERS 411 (3) Interagency exchanges of foreign intelligence information; (4) Arrangements with foreign governments on intelligence matters; (5) Protection of intelligence sources and methods; (6) Activities of common concern; and (7) Such other matters as may be referred by the Director of Central Intelli- gence. (b) Membership. Advisory groups established pursuant to this section shall be chaired by the Director of Central Intelligence or his designated representative and shall consist of senior representatives from organizations within the Intelligence Community and from departments or agencies containing such organizations. as designated by the Director of Central Intelligence. Groups for consideration of substantive intelligence matters will include representatives of organizations involved In tl'e collection, processing and analysis of intelli- gence. A senior representative of the Secretary of Commerce, the Attorney General, the Assistant to the President for National Security Affairs, and the Office of the Secretary of Defense shall be invited to participate in any group which deals with other than substantive intelligence matters. 1.4 The Intelligence Community. The agencies within the Intelligence Com- munity shall. in accordance with applicable United States law and with the other provisions of this Order, conduct intelligence activities necessary for the conduct of foreign relations and the protection of the national security of the United States. including (a) Collection of information needed by the President. the National Security Council. the Secretaries of State and Defense. and other Executive Branch officials for the performance of their duties and responsibilities; (b) Production and dissemination of intelligence; (c) Collection of information concerning, and the conduct of activities to protect against, intelligence activities directed against the United States, international terrorist and international narcotics activities, and other hostile activities directed against the United States by foreign powers, organizations, persons, and their agents; (d) Special activities; (e) Administrative and support activities within the United States and abroad necessary for the performance of authorized activities; and (I) Such other intelligence activities as the President may direct from time to time. 1.5 Director of Centro] Intelligence. In order to discharge the duties and responsibilities prescribed by law, the Director of Central Intelligence shall be responsible directly to the President and the NSC and shall: (a) Act as the primary adviser to the President and the NSC on national foreign intelligence and provide the President and other officials in the Executive Branch with national foreign intelligence; (b) Develop such objectives and guidance for the Intelligence Community as will enhance capabilities for responding to expected future needs for national foreign intelligence; (c) Promote the development and maintenance of services of common concern by designated intelligence organizations on behalf of the Intelligence Commu- nity; 1 (d) Ensure implementation of special activities; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 .1a< ?Aat.u t IJE ORDERS (e) Formulate policies concerning foreign intelligence and counterintelligence arrangements with foreign governments, coordinate foreign intelligence and counterintelligence relationships between agencies of the Intelligence Commu- nity and the intelligence or internal security services of foreign governments. and establish procedures governing the conduct of liaison by any department or agency with such services on narcotics activities; (f) Participate in the development of procedures approved by the Attorney Genera! governing criminal narcotics intelligence activities abroad to ensure that these activities are consistent with foreign intelligence programs; (g) Ensure the establishment by the Intelligence Community of common security and access standards for managing and handling foreign intelligence systems, information, and products; (h) Ensure that programs are developed which protect intelligence sources, methode, and analytical procedures; (i) Establish uniform criteria for the determination of relative priorities for the transmission of critical national foreign intelligence, and advise the Secretary of Defense concerning the communications requirements of the Intelligence Community for the transmission of such intelligence; 0) Establish appropriate staffs, committees, or other advisory groeps to assist in the execution of the Director's responsibilities; (k) Have full responsibility for production and dissemination of national foreign intelligence, and authority to levy analytic tasks or. departmental intelligence production organizations, in consultation with those organiza- tions, ensuring that appropriate mechanisms for competitive analysis are developed so that diverse points of.view are considered fully and differences of judgment within the Intelligence Community are brought to the attention of national policymakers; (l) Ensure the timely exploitation and dissemination of data gathered by national foreign intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government entities and military commands; Im) Establish mechanisms which translate national foreign intelligence objec- tives and priorities approved by the NSC into specific guidance for the Intelligence Community, resolve conflicts in tasking priority, provide to de- partments and agencies having information collection capabilities that are not part of the National Foreign Intelligence Program advisory tasking concerning collection of national foreign intelligence, and provide for the development of plans and arrangements for transfer of required collection tasking authority to the Secretary of Defense when directed by the President: (n) Develop, with the advice of he program managers and departments and agencies concerned, the consolidated National Foreign Intelligence Program budget, and present it to the President and the Congress: (o) Review and approve all requests for reprogramming National Foreign intelligence Program funds, in accordance with guidelines established by the Office of Management and Budget; (p) Monitor National Foreign Intelligence Program implementation. and. as necessary. cendu..t program and performance audits and evaluations; (q) Together with the Secretary of Defense. ensure that there is no unneces- sary overlap between national foreign intelligence programs and Department of Defense intelligence programs consistent with the requirement to develop competitive analysis, and provide to and obtain from the Secretary of Defense all information necessary for this purpose; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 _0 IVE ORDERS 413 (r) In accordance with law and relevant procedures approved by the Attorney General under this Order, give the heads of the departments and agencies access to all intelligence, developed by the CIA or the staff elements of the Director of Central Intelligence, relevant to the national intelligence needs of the departments and agencies: and (s) Facilitate the use of national foreign intelligence products by Congress in a secure manner. 1.6 Duties and Responsibilities of the Heads of Executive Branch Depart- ments and Agencies. (a) The heads of all Executive Branch departments and agencies shall, in accordance with law and relevant procedures approved by the Attorney General under this Order, give the Director of Central Intelligence access to all information relevant to the national intelligence needs of the United States, and shall give due consideration to the requests from the Director of Central Intelligence for appropriate support for Intelligence Community activities. (b) The heads of departments and agencies involved in the National Foreign Intelligence Program shall ensure timely development and submission to the Director of Central Intelligence by the program managers and heads of component activities of proposed national programs and budgets in the format designated by the Director of Central Intelligence, and shall also ensure that the Director of Central Intelligence is provided, in a timely and responsive manner. all information necessary to perform the Director's program and budget responsibilities. (c) The heads of departments and agencies involved in the National Foreign- Intelligence Program may appeal to the President decisions by the Director of Central Intelligence on budget or reprogramming matters of the National Foreign Intelligence Program. 1.7 Senior Officials of the Intelligence Community. The heads of depart- ments and agencies with organizations in the Intelligence Community or the heads of such organizations, as appropriate, shall: (a) Report to the Attorney General possible violations of federal criminal laws by employees and of specified federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department or agency concerned, in a manner consistent with the protec- tion of intelligence sources and methods, as specified in those procedures; (b) In any case involving serious or continuing breaches of security, recom- mend to the Attorney General that the case be referred to the FBI for further investigation; (c) Furnish the Director of Central Intelligence and the NSC. in accordance with applicable law and procedures approved by the Attorney General under this Order, the information required for the performance of their respective duties; (d) Report to the Intelligence Oversight Board, and keep the Director of Central Intelligence appropriately informed, concerning any intelligence activ- ities of their organizations that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive; (e) Protect intelligence and intelligence sources and methods from unauthor- ized disclosure consistent with guidance from the Director of Central Intelli- gence; (f) Disseminate intelligence to cooperating foreign governments under arrange- ments established or agreed to by the Director of Central Intelligence; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I....?,u,,,,E ORDERS (g) Participate in the development of procedures approved by the Attorney General governing production end dissemination of intelligence resulting from criminal narcotics intelligence activities abroad if their departments, agencies, or organizations have intelligence responsibilities for foreign or domestic narcotics production and trafficking; (h) Instruct their employees to cooperate fully with the Intelligence Oversight Board; and (i) Ensure that the Inspectors General and General Counsels for their organiza- tions have access to any information necessary to perform their duties assigned by this Order. 1.8 The Central Intelligence Agency. All duties and responsibilities of the CIA shall be related to the intelligence functions set out below. As authorized by this Order; the National Security Act of 1947. as amended; the CIA Act of 1949. as amended; appropriate directives or other applicable law, the CIA shall: (a) Collect, produce and disseminate foreign intelligence and counterintelli- gence, including information not otherwise obtainable. The collection of for- eign intelligence or counterintelligence within the United States shall be coordinated with the FBI as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (b) Collect, produce and disseminate intelligence on foreign aspects of narcot- ics production and trafficking, (c) Conduct counterintelligence activities outside the United States and, with- out assuming or performing any internal security functions, conduct cotmterin- telligence activities within the United States in coordination with the FBI as required by procedures agreed upon the Director of Central Intelligence and the Attorney General; (d) Coordinate counterintelligence activities and the collection of information not otherwise obtainable when conducted outside the United States by other departments and agencies; (e) Conduct special activities approved by the President. No agency except the CIA (or the Armed Forces of the United States in time of war declared by Congress or during any period covered by a report from the President to the Congress under the War Powers Resolution (87 Stat. 855)) may conduct any special activity unless the President determines that another agency is more likely to achieve a particular objective: (f) Conduct services of common concern for the Intelligence Community as directed by the NSC; (g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized functions; rh) Protect the security of its installations, activities, information, property, and employees by,appropriate means, including such investigations of appli- cants, employees, contractors, and other persons with similar associations with the CIA as are necessary; and (i) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) and through (h) above, including procurement and essential cover and proprietary arrangements. 1.9 The Department of State. The Secretary of State shall: (a) Overtly collect information relevant to United States foreign policy con- cerns; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0_]VE ORDERS 415 (b) Produce and disseminate foreign intelligence relating to United States foreign policy as required for the execution of the Secretary's responsibilities; (c) Disseminate, as appropriate, reports received from United States diplomat- ic and consular posts; (d) Transmit reporting requirements of the Intelligence Community to the Chiefs of United States Missions abroad; and (e) Support Chiefs of Missions in discharging their statutory responsibilities for direction and coordination of mission activities. 1.10 The Deportment of the Treasury. The Secretary of the Treasury shall: (a) Overtly collect foreign financial and monetary information; (b) Participate with the Department of State in the overt collection of general foreign economic information; (c) Produce and disseminate foreign intelligence relating to United States economic policy as required for the execution of the Secretary's responsibil- ities; and (d) Conduct. through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President of the United States, the Executive Office of the President, and, as authorized by the Secretary of the Treasury or the President, other Secret Service protectees and United States officials. No information shall be ac- quired intentionally through such activities except to protect against such surveillance, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of the Treasury and the Attorney General. 1.11 The Department of Defense. The Secretary of Defense shall: (a) Collect national foreign intelligence and be responsive to collection tasking by the Director of Central Intelligence; (b) Collect, produce and disseminate military and military-related foreign intelligence and counterintelligence as required for execution of the Secre- tary's responsibilities; (c) Conduct programs and missions necessary to fulfill national, departmental and tactical foreign intelligence requirements: (d) Conduct counterintelligence activities in support of Department of Defense components outside the United States in coordination with the CIA, and within the United States in coordination with the FBI pursuant to procedures agreed upon by the Secretary of Defense and the Attorney General; (e) Conduct, as the executive agent of the United States Government. signals intelligence and communications security activities, except as otherwise di- rected by the NSC; (f) Provide for the timely transmission of critical intelligence, as defined by the Director of Central Intelligence, within the United States Government; (g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized intelligence functions; (h) Protect the security of Department of Defense' installations, activities, property, information, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with,the Department of Defense as are necessary; (i) Establish and maintain military intelligence relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations, and ensure that such relation- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 E ORDERS ships and programs are in accordance with policies formulated by the Director of Central Intelligence; (j) Direct, operate, control and provide fiscal management for the National Security Agency and for defense and military intelligence and national recon- naissance entities; and (k) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) through (j) above. 1.12 Intelligence Components Utilized by the Secretary of Defense. In carry- ing out the responsibilities assigned in section 1.11. the Secretary of Defense is authorized to utilize the following: (a) Defense Intelligence Agency, whose responsibilities shall include; (1) Collection, production, or, through tasking and coordination, provision of military and military-related intelligence for the Secretary of Defense, the Joint Chiefs of Staff, other Defense components. and, as appropriate, nor.-Defense agencies: (2) Collection and provision of military intelligence for national foreign intelli- gence and counterintelligence products; (3) Coordination of all Department of Defense intelligence collection require- ments: (4) Management of the Defense Attache system; and (5) Provision of foreign intelligence and counterintelligence staff support as directed by the Joint Chiefs of Staff. (b) National Security Agency, whose responsibilities shall include: (1) Establishment and operation of an effective unified organization for signals intelligence activities, except for the delegation of operational control over certain operations that are conducted through other elements of the Intelli- gence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense; (2) Control of signals intelligence collection and processing activities, includ- ing assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders; (3) Collection of signals intelligence information for national foreign intelli- gence purposes in accordance with guidance from the Director of Central Intelligence; (4) Processing of signals intelligence data for national foreign intelligence purposes in accordance with guidance from the Director of Central Intelli- gence; (5) Dissemination of signals intelligence information for national foreign intel- ligence purposes to authorized elements of the Government. including the military services, in accordance with guidance from the Director of Central Intelligence; (6) Collection. processing and dissemination of signals intelligence information for counterintelligence purposes; (7) Provision of signals intelligence support for the conduct of military oper- ations in accordance with tasking, priorities, and standards of timeliness assigned by the Secretary of Defense. If provision of such support requires use of national collection systems, these systems will be tasked within existing guidance from the Director of Central Intelligence. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 i Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0 !VE ORDERS 417 (8) Executing the responsibilities of the Secretary of Defense as executive agent for the communications security of the United States Government; (9) Conduct of research and development to meet the needs of the United States for signals intelligence and communications security: (10) Protection of the security of its installations, activities, property, informa- tion, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associ- ations with the NSA as are necessary; (11) Prescribing, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling and distri- bution of signals intelligence and communications security material within and among the elements under control of the Director of the NSA, and exercising the necessary supervisory control to ensure compliance with the regulation; (12) Conduct of foreign cryptologic liaison relationships with liaison for intelligence purposes conducted in accordance with policies formulated by the Director of Central Intelligence: and (13) Conduct of such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (1) through (12) above. including procurement. (c) Offices for the collection of specialized intelligence through reconnais- sance programs, whose responsibilities shall include: (1) Carryin;, out consolidated reconnaissance programs for specialized intelli- gence; (2) Responding to tasking in accordance with procedures established by the Director of Central Intelligence; and (3) Delegating authority to the various departments and agencies for research, development, procurement, and operation of designated means of collection. (d) The foreign intelligence and counterintelligence elements of the Army, Nary, Air Force, and Marine Corps, whose responsibilities shall include: (1) Collection, production and dissemination of military and military-related foreign intelligence and counterintelligence, and information on the foreign aspects of narcotics production and trafficking. When collection is conducted in response to national foreign intelligence requirements, it will be conducted in accordance with guidance from the Director of Central Intelligence. Collec- tion of national foreign intelligence, not otherwise obtainable, outside the United States shall be coordinated with the CIA. and such collection within the United States shall be coordinated with the FBI; (2) Conduct of counterintelligence activities outside the United States in coordination with the CIA. and within the United States in coordination with the FBI: and (3) Monitoring of the development, procurement and management of tactical intelligence systems and equipment and conducting related research, develop- ment. and test and evaluation activities. (e) Other offices within the Department of Defense appropriate for conduct of the intelligence missions and responsibilities assigned to the Secretary of Defense. If such other offices are used for intelligence purposes, the provisions of Part 2 of this Order shall apply to those offices when used for those purposes. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27: CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 ~ 0 ` ORDERS 1.13 The Department of Energy. The Secretary of Energy shall: (a) Participate with the Department of State in overtly collecting information with respect to foreign energy matters; (b) Produce and disseminate foreign intelligence necessary for the Secretary's responsibilities; (c) Participate in formulating intelligence collection and analysis requirements where the special expert capability of the Department can contribute; and (d) Provide expert technical, analytical and research capability to other agen- cies within the Intelligence Community. 1.14 The Federal Bureau of Investigation. Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the FBI shall: - (a) Within the United States conduct counterintelligence and coordinate coun- terintelligence activities of other agencies within the Intelligence Community. When a counterintelligence activity of the FBI involves military or civilian personnel of the Department of Defense, the FBI shall coordinate with the Department of Defense; (b) Conduct counterintelligence activities outside the United States in coordi- nation with the CIA as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (c) Conduct within the United States, when requested by officials of the Intelligence Community designated by the President, activities undertaken to collect foreign intelligence or support foreign intelligence collection require- ments-of other agencies within the Intelligence Community. or. when request- ed by the Director of the National Security Agency. to support the communica- tions security activities of the United States Government; (d) Produce and disseminate foreign intelligence and counterintelligence; and (e) Carry out or contract for research, development and procurement of technical systems and devices relating to the functions authorized above. Part 2 Conduct of Intelligence Activities 2.1 Need. Accurate and timely information about the capabilities, intentions and activities of foreign powers. organizations, or persons and their agents is essential to informed decisionmaking in the areas of national defense and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded. 22 Purpose. This Order is intended to enhance human and technical collec- tion techniques, especially those undertaken abroad, and the acquisition of significant foreign intelligence, as well as the detection and. countering of international terrorist activities and espionage conducted by foreign powers. Set forth below are certain general principles that, in addition to and consist- ent with applicable laws, are intended to achieve the proper balance between the acquisition of essential information and protection of individual interests. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency. 2.3 Collection of Information. Agencies within the Intelligence Community are authorized to collect, retain or disseminate information concerning United States persons only in accordance with procedures established by the head of Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ..VE ORDERS 419 the agency concerned and approved by the Attorney General, consistent with the authorities provided by Part I of this Order. Those procedures shall permit collection, retention and dissemination of the following types of information: (a) Information that is publicly available or collected with the consent of the person concerned; (b) Information constituting foreign intelligence or counterintelligence, includ. iR such information concerning corporations or other commercial organiza- tions. Collection within the United States of foreign intelligence not otherwise obtainable shall be undertaken by the FBI or, when significant foreign intelli- gence is sought, by other authorized agencies of the Intelligence Community, provided that no foreign intelligence collection by such agencies may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons; (c) Information obtained in the course of a lawful foreign intelligence, counter- intelligence, international narcotics or international terrorism investigation; (d) Information needed to protect the safety of any persons or organizations. inc'.uding those who are targets, victims or hostages of international terrorist organizations: (e) Information needed to protect foreign intelligence or counterintelligence sources or methods from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other agencies of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence agency contractors or their present or former employees, or applicants for any such employment or contracting, (f) Information concerning persons who are reasonably believed to be poten- tial sources or contacts for the purpose of determining their suitability or credibility; (g) Information arising out of a lawful personnel. physical or communications security investigation; (h) Information acquired by overhead reconnaissance not directed at specific United States persons; (i) Incidentally obtained information that may indicate involvement in activi- ties that may violate federal, state, local or foreign 'Saws; and (j) Information necessary for administrative purposes. In addition, agencies within the Intelligence Community may disseminate information, other than information derived from signals intelligence, to each appropriate agency within the Intelligence Community for purposes of allow- ing the recipient agency to determine whether the information is relevant to its responsibilities,and can be retained by it. 2.4 Collection Techniques. Agencies within the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad. Agencies are not authorized to use such techniques as electronic surveillance, unconsented physical search, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the heed of the agency concerned and approved by the Attorney General. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful .governmental purposes. These procedures shall not autho:-ize: Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 4ZU EXECUTIVE ORDERS (a) The CIA to engage in electronic surveillance within the United States except for the purpose of training, testing, or conducting countermeasures to hostile electronic surveillance; (b) Unconsented physical searches in the United States by agencies other than the FBI, except for. (1) Searches by counterintelligence elements of the military services directed against military personnel within the United States or abroad for intelligence purposes, when authorized by a military commander empowered to approve physical searches for law enforcement purposes. based upon a finding of probable cause to believe that such persons are acting as agents of foreign powers; and (2) Searches by CIA of personal property of non-United States persons lawfully in its possession. (c) Physical surveillance of a United States person in the United States by agencies other than the FBI, except for. (1) Physical surveillance of present or former employees, present or former intelligence agency contractors or their present of former employees, or applicants for any such employment or contracting; and (2) Physical surveillance of a military person employed by a nonintelligence element of a military service. (d) Physical surveillance of a United States person abroad to collect foreign intelligence, except to obtain significant information that cannot reasonably be acquired by other means. 2.S Attorney General Approval. The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General- has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. Electronic surveillance, as defined in the Foreign Intelligence Surveil- lance Act of 1978, shall be conducted in accordance with that Act, as well as this Order. 2.8 Assistance to Law Enforcement Authorities. Agencies within the Intelli- gence Community are authorized to: (a) Cooperate with appropriate law enforcement agencies for the purpose of protecting the employees, information, property and facilities of any agency within the Intelligence Community; (b) Unless otherwise precluded by law or this Order, participate in law enforcement activities to investigate or prevent clandestine intelligence activi- ties by foreign powers, or international terrorist or narcotics activities; (c) Provide specialized equipment, technical knowledge, or assistance of expert personnel for use by any department or agency, or. when lives are endangered, to support local law enforcement agencies. Provision of assist- ance by expert personnel shall be approved in each case by the General Counsel of the providing agency; and (d) Render any other assistance and cooperation to law enforcement authori- ties not precluded by applicable law. 2.7 Contracting. Agencies within the Intelligence Community are authorized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions in the United States and need not Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 LAv...U,,JE ORDERS 421 reveal the sponsorship of such contracts or arrangements for authorized intelligence purposes. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution. Le Consistency With Other Laws. Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or statutes of the United States. 2A Undisclosed Participation in Organizations Within the United States. No one acting on behalf of agencies within the Intelligence Community may join -or otherwise_ participate in any organization in the United States on behalf of any agency within the Intelligence Community without disclosing his intelli- gence affiliation to appropriate officials of the organization. except in accord- ance with procedures established by the head of the agency concerned and approved by the Attorney General. Such participation shall be authorized only if it is essential to achieving lawful purposes as determined by the agency head or designee. No such participation may be undertaken for the purpose of influencing the activity of the organization or its members except in came where: (a) The participation it.. undertaken on behalf of the FBI in the course of a lawful investigation: or (b) The organization concerned is composed primarily of individuals who are not United States persous and is reasonably believed to be acting on behalf of a foreign power. 2.10 Human Experimentation. No agency within the. Intelligence Community ,shall sponsor, contract for or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services. The subject's informed consent shall be documented as required by those guidelines. 2.11 Prohibition on Assassination. No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in. asaaasination. 2.12 Indirect Participation. No agency of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order. Pad 3 General Pro visions 3.1 Congressional Oversight. The duties and responsibilities of the Director of Central Intelligence and the heads of other departments, agencies, and entities engaged in intelligence activities to cooperate with the Congress in the conduct of its responsiolities for oversight of intelligence activities shall be as provided in title 50. United States Code, section 413. The requirements of section 682 of the Foreign Assistance Act of 1961. as amended 122 U.S.C. 2422). and section 501 of the Nation.) Security Act of 1947, as amended (50 U.S.C. 413). shall apply to all special activities as defined in this Order. 3.2 Implementation. The NSC, the Secretary of Defense, the Attorney Gener- al, and the Director of Central intelligence shall issue such appropriate directives and procedures as,are necessary to implement this Order. Heads of agencies within the Intelligence Community shall issue appropriate supple- mentary directives and procedures consistent with this Order. The Attorney General shall provide a statement of reasons for not approving any proce- dures established by the 'head of an agency. in the Intelligence Community other than the FBI. The National Security Council may establish procedures in Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 4ZZ txthuJIVE ORDERS instances where the agency head and the Attorney General are unable to reach agreement on other than constitutional or other legal grounds. 3.3 Procedures. Until the procedures required by this Order have been established, the activities herein authorized which require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order No. 12036. Procedures required by this Order shall be established as expeditiously as possible. All procedures promulgated pursuant to this Order shall be made available to the congressional intelligence commit- tees. 3.4 Definitions. For the purposes of this Order, the following terms shall have these meanings: (a) Counterintelligence means information gathered and activities conducted to protect against espionage. other intelligence activities, sabotage, or assassi- nations conducted for or on behalf of foreign powers, organizations or per- sons, or international terrorist activities, but not including personnel, physical. document or communications security programs. (b) Electronic surveillance means acquisition of a nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visably present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter. (c) Employee means a person employed by. assigned to or acting for an agency within the Intelligence Community. (d) Foreign intelligence means information relating to the capabilities. inten- tions and activities of foreign powers, organizations or persons, but not including counterintelligence except for information on international terrorist activities. (e) Intelligence activities means all activities that agencies within the Intelli- gence Community are authorized to conduct pursuant to this Order. (f) Intelligence Community and agencies within the Intelligence Community refer to the following agencies or organizations: (1) The Central Intelligence Agency (CIA): (2) The National Security Agency (NSA); (3) The Defense Intelligence Agency (DIA): (4) The offices within the Department of Defense for the collection of special- ized national foreign intelligence through reconnaissance programs; (5) The Bureau of Intelligence and Research of the Department of State; (6) The intelligence elements of the Army. Navy. Air Force, and Marine Corps. the Federal Bureau of Investigation (FBI). the Department of the Treasury. and the Department of Energy: and (7) The staff elements of the Director of Central Intelligence. (g) The National Foreign Intelligence Program includes the programs listed below, but its composition shall be subject to review by the National Security Council and modification by the President: (1) The programs of the CIA; (2) The Consolidated Cryptologic Program. the General Defense Intelligence Program. and they programs of the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnais- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001.0 JTIVE ORDERS 423 sane, except such elements as the Director of Central Intelligence and the Secretary of Defense agree should be excluded: (3) Other programs of agencies within the Intelligence Community designated jointly by the Director of Central Intelligence and the head of the department or by the President as national foreign intelligence or counterintelligence activities; (4) Activities of the staff elements of the Director of Cenirel Intelligence; (5) Activities to acquire the intelligence required for the planning and conduct of tactical operations by the United States military forces are not included in the National Foreign `ntelligence Program. (h) Special activities means activities conducted in support of national foreign policy objectives abroad which are planned and executed so that the role of the United States Government is not apparent or acknowledged publicly, and functions in support of such activities, but which are not intended to influence United States political processes, public opinion, policies, or media and do not include diplomatic activities or the collection and production of intelligence or related support functions. (i) United States person means a United States citizen, an alien known by the intelligence agency concerned to be a permanent resident alien, an unincor- porated association substantially composed of United States citizens or per- manent resident aliens. or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or gcvernmenta. 3.5 . Purpose and Effect This Order is intended to control and provide direction and guidance to the Intelligence Community. Nothing contained herein or in any procedures promulgated hereunder is intended to confer any substantive or procedural right or privilege on any person or organization. 3.8 Revocation. Executive Order No. 1203ss 8 of January 24, 1978, as amended. entitled "United States Intelligence Activities," is revoked. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I . 4x4 . EXECUTIVE ORDERS EXECUTIVE ORDER NO. 12334 OF PRESIDENT'S INTELLIGENCE OVERSIGHT BOARD (December 4,1981, 46 F. R. 59955) By the authority vested in my as President by the Constitution and statutes of the United States of America, and in order to enhance the security of the United States by assuring the legality of activities of the Intelligence Commu- nity, it is hereby ordered as follows: Section 1, There is hereby established within the White House Office, Execu- tive Office of the President, the President's Intelligence Oversight Board, which shall be composed of three members. One member. appointed from among the membership of the President's Foreign Intelligence Advisory Board, shall be designated by the President as Chairman. Members of the Board shall serve at the pleasure of the President and shall be appointed by the President from among trustworthy and distinguished citizens outside the Government who are qualified on the basis of achievement, experience and independence. Tne Board shall utilize such full-time staff and consultants as authorized by the President. Sec. 2. The Board shall: (a) Inform the President of intelligence activities Pat any member of the Board believes are In violation of the Constitution or laws of the United States. Executive orders, or Presidential directives; -- (b) Forward to the Attorney General reports received concerning intelligence activities that the Board believes may be unlawful; (c) Review the internal guidelines of each agency within the Intelligence Community concerning the lawfulness of intelligence activities: (d) Review the practices and procedures of the Inspectors General and General Counsel of the Intelligence Community for discovering and reporting intelligence activities that may be unlawful or contrary to Executive order or Presidential directive: and' (e) Conduct such investigations as the Board deems necessary to carry out its functions under this Order. Sec. 3. The Board shall, when required by this Order, report directly to the President. The Board shall consider and take appropriate action with respect to matters identified by the Director of Central Intelligence. the Central Intelligence Agency or other agencies of the Intelligence Community. With respect to matters deemed appropriate by the President. the Board shall advise and make appropriate recommendations to the Director of Central Intelligence, the Central Intelligence Agency, and other agencies of the Intelli- gence Community. Sec. 4. The heads of departments and agencies of the Intelligence Community shall, to the extent permitted by law, provide the Board with all information necessary to carry out. its responsibilities. Inspectors General and General Counsel of the Intelligence Community shall, to the extent permitted by law. report to the Board concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive. Sec. 5. Information made available to the Board shall be given all necessary security protection in accordance with applicable laws and regulations. Each member of the Board, each member of the Board's staff, and each of the Board's consultants shall execute an agreement never to reveal any classified information obtained by virtue of his or her service with the Board except to the President or to such persons as the President may designate. Sec. 8. Members of the Board shall serve without compensation, but may receive transportation, expense, and per diem allowances as authorized by law. Staff and consultants to the Board shall receive pay and allowances as authorized by the President. 0 ,A& (~-~ Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R00030058000 ~ -0 ,'IVE ORDERS 425 EXECUTIVE ORDER NO. 12356 OF NATIONAL SECURITY INFORMATION (April 1, 1982, 47 F.R. 14874) This Order prescribes a uniform system for classifying. declassifying, and safeguarding national security information. It recognizes that it is essential that the public be-informed concerning the activities of its Government, but that the interests-of the United States and.its citizens require that certain information concerning the national defense and foreign relations be protected against unauthorized disclosure. Information may not be classified under this Order unless its disclosure reasonably could be expected to cause damage to the national security. NOW, by the authority vested in me as President by the Constitution and laws of the United States of America, it Is hereby ordered as follows: Part 1. Original Classification Section 1.1 Classification Levels. (a) National security information'(hei?einafter "classified information") shall be classified at one of the following three levels: (1) "Top Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security. (2) "Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security. (3) "Confidential" shall be applied to information, the unauthorized disclosure of, which, reasonably could be expected to cause damage to the national security. (b) Except as otherwise provided by statute, no other terms shall be used to identify classified information. (c) If there is reasonable doubt about the need to classify information, it shall be safeguarded as if it were classified pending a determination by an original classification authority, who shall make this determination within thirty (30) days. If there is reasonable. doubt about the appropriate level of classification. it shall be safeguarded at the higher level of classification pending a determi- nation by an original classification authority, who shall make this determina- tion within thirty (30) days. Sec. 1.2 Classification Authority. (a) Top Secret. The authority to classify information originally as Top Secret may be exercised only by: (1) the President; (2) agency heads and officials designated by the President in the Federal Register, and (3) officials delegated this authority pursuant to Section 1.2(d). (b) Secret. The authority to classify information originally as Secret may be exercised only, by: (1) agency heads and officials designated by the President in the Federal Register, (2) officials with original Top Secret classification authority; and (3) officials delegated such authority pursuant to Section 1.2(d). 70-116 O - 87 - 11; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 wco tAtuu I IVE ORDERS (c) Confidential. The authority to classify information originally as Confiden- tial may be exercised only by: (1) agency beads and officials designated by the President in the Federal Register, (2) officials with original Top Secret or Secret classification authority; and (3) officials delegated such authority pursuant to Section 1.2(d). (d) Delegation of Original Classification Authority. (1) Delegations of original classification authority shall be limited to the minimum required to administer this Order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and con- tinuing need to exercise this authority. (2) Original Top Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Section 1.2(a)(2); and the senicr official designated under Section 5.3(a)(1), provided that official has been delegated original Top Secret classification authority by the agency head. I (3) Original Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Sections 1.2(a)(2) and 1.2(b)(1); an official with original Top Secret classification authority; and the senior official designated under Section 5.3(a)(1). provided that official has been delegated original Secret classification authority by the agency head. (4) Original Confidential classification authority may be delegated only by the President; an agency head or official designated pursuant to Sections 1.2(a)(2), 1.2(b)(1) and 1.2(c)(1); an official with original Top Secret classification author- ity; and the senior official designated under Section 5.3(a)(1), provided that official has been delegated original classification authority by the agency head. (5) Each delegation of original classification authority shall be In writing and the authority shall not be redelegated except as provided in this Order. It shall identify the official delegated the authority by name or position title. Delegat- ed classification authority includes the authority to classify information at the level granted and lower levels of classification. (e) Exceptional Cases. When an employee, contractor, licensee, or grantee of an agency that does not have original classification authority originates information believed by that person to require classification, the Information shall be protected in a manner consistent with this Order and its implementing directives. The information shall be transmitted promptly as provided under this Order or Its implementing directives to the agency that has appropriate subject matter interest and classification authority with respect to this infor- mation. That agency shall decide within thirty (30) days whether to classify this information. If it is not clear which agency has classification responsibili- ty for this information. It shall be sent to the Director of the Information Security Oversight Office. The Director shall determine the agency having primary subject matter interest and forward the information, with appropriate recommendations, to that agency for a classification determination. Sec. 1.9 Classification Categories. (a) Information shall be considered for classification if it concerns: (1) military plane, weapons, or operations; (2) the vulnerabilities or capabilities of systems, installations, projects, or plane relating to the national security; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 i rAC{,u i iVE ORDERS 427 (3) foreign government information: (4) intelligence activities (including special activities), or intelligence sources or methods: (5) foreign relations or foreign activities of the United States; (6) scientific, ? technological, or economic matters relating to the national security; (7) United States Government programs for safeguarding nuclear materials or facilities: (8) cryptology; (9) a confidential source; or (10) other categories of information that are related to the national security and that require protection against unauthorized disclosure as determined by the President or by agency heads or other officials who have been delegated original classification authority by the President. Any determination made under this suboection shall be reported promptly to the Director of the Information Security Oversight Office. (b) Information that is determined -to concern one or more of the categories in Section 1.3(a) shall be classified when an original classification authority also determines that its unauthorized disclosure, either by itself or in the context of other information, reasonably could be expected to cause damage to the national security. (c) Unauthorized disclosure of foreign government information, the identity of a confidential foreign source, or intelligence sources or methods is presumed to cause damage to the national security. (d) Information classified in accordance with Section 1.3 shall not be declassi- fied automatically as a result of any unofficial publication or inadvertent or unauthorized disclosure in the United States or abroad of identical or similar information. Sec. 1.4 Duration of Classification. (a) Information shall be classified as long as required by national security considerations. When it can be determined. a specific date or event for declassification shall be set by the original classification authority at the time theinformation is originally classified. (b) Automatic declassification determinations under predecessor orders shall remain valid unless the classification is extended by an authorized official of the originating agency. These extensions may be by individual documents or categories of information. The agency shall be responsible for notifying hold- ers of the information of such extensions. (c) Information classified under predecessor orders and marked for declassifi- cation review shall remain classified until reviewed for declassification under the provisions of this Order. Sea 1.5 Identification and Markings. (a) At the time of original classification, the following information shall be shown on the face of all classified documents, or clearly associated with other forms of classified information in a manner appropriate to the medium involved, unless this information itself would reveal a confidential source or relationship not otherwise evident in the document or information: (1) one of the three classification levels defined in Section 1.1; Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 M.0 cAL .u i'1VE ORDERS (2) the Identity of the original classification authority if other than the person whose name appears as the approving or signing official; (3) the agency and office of origin; and (4) the date or event for declassification, or the notation "Originating Agency's Determination Required." (b) Each classified document shall, by marking or other means. indicate which portions are classified, with the applicable classification level, and which portions are not classified. Agency heads may, for good cause, grant and revoke waivers of this requirement for specified classes of documents or information. The Director of the Information Security Oversight Office shall be notified of any waivers. (c) Marking designations implementing the provisions of this Order, including abbreviations, shall conform to the standards prescribed in implementing directives issued by the Information Security Oversight Office. ' (d) Foreign government information shall either retain Its original classifica- tion or be assigned a United States classification that shall ensure a degree of protection at least equivalent to that required by the entity that furnished the information. (e) Information assigned a level of classification under predecessor orders shall be considered as classified at that level of classification despite the omission of other required markings. Omitted markings may be inserted on a document by the officials specified in Section 3.1(b). Sec. 1.6 Limitations on Classification. (a) In no case shall information be classified in order to conceal violations of law, Inefficiency, or administrative error, to prevent embarrassment to a person, organization, or agency; to restrain competition; or. to prevent or delay the release of Information that does not require protection in the interest of national security. (b) Basic scientific research information not clearly related to the national security may not be classified. (c) The President or an agency head or official designated under Sections .1.2(a)(2), 1.2(b)(1), or 1.2(c)(1) may reclassify information previously declassi- fied and disclosed if it is determined In writing that (1) the information requires protection in the interest of national security; and (2) the information may reasonably be recovered. These reclassification actions shall be reported promptly to the Director of the Information Security Oversight Office. - (d) Information may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a). or the mandatory review provisions of this Order (Section 3.4) if such classification meets the requirements of this Order and is accomplished personally and on a document-by-document basis by the agency head, the deputy agency head the senior agency official designated under Section 5.3(a)(1), or an official with original Top Secret classification authority. Part 2 Derivative Classification Sec. 2.1 Use of Derivative Classification. (a) Derivative classification is (1) the determination that Information is in substance the same as information currently classified, and (2) the application of the same classification markings. Persons who only reproduce, extract. or Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001`0 FIVE ORDERS 429 summarize classified information. or who only apply classification markings derived from source material or as directed by a classification guide, need not possess original classification authority. (b) Persons who apply derivative classification markings shall: (1) observe and respect original classification decisions; and (2) carry forward to any newly created documents any assigned authorized markings. The declassification date or event that provides the longest period of classification shall be used for documents classified on the basis of multiple sources. Sec. 22 Classification Guides. (a) Agencies with original classification authority shall prepare classification guides to facilitate the proper and uniform derivative classification of informa- tion. (b) Each guide shall be approved personally and in writing by an official who: (1) has program or supervisory responsibility over the information or Is the senior agency official designated under Section 5.3(a)(1); and (2) is authorized to classify Information originally at the highest level of classification prescribed in the guide. (c) Agency heads may. for good cause, grant and revoke waivers of the requirement to prepare classification guides for specified classes of documents or information. The Director of the Information Security Oversight Office shall be notified of any waivers. Part 3 Declassification and Downgrading Sec. 3.1 Declassification Authority. (a) Information shall be declassified or downgraded as soon as national security considerations permit. Agencies shall coordinate their review of classified information with other agencies that have a direct interest in the subject matter. Information that continues to meet the classification require- ments prescribed by Section 1.3 despite the passage of time will continue to be protected in accordance with this Order. (b) Information shall be declassified or downgraded by the official who authorized the original classification, if that official is still serving in the same position; the originator's successor, a supervisory official of either, or officials delegated such authority in writing by the agency head or the senior agency official designated pursuant to Section 5.3(a)(1). (c) If the Director of the Information Security Oversight Office determines that information is classified in violation of this Order. the Director may require the information to be declassified by the agency that originated the classifica- tion. Any such decision by the Director may be appealed to the National Security Council. The information shall remain classified, pending a prompt decision on the appeal. (d) The provisions of this Section shall alsp apply to agencies that, under the terms of this Order, do not have original classification authority. but that had such authority under predecessor orders. Sec. 3.2 Transferred Information. (a) In the case of classified information transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 ,JE ORDERS agency shall be deemed to be the originating agency for purposes of this Order. (b) In the case of classified information that is not officially transferred as described in Section 3.2(a). but that originated in an agency that has ceased to exist and for which there is no successor agency, each agency in possession of such information shall be deemed to be the originating agency for purposes of this Order. Such information may be declassified or downgraded by the agency in possession after consultation with any other agency that has an interest in the subject-matter of the information. (c) Classified Information accessioned into the National Archives of the United States shall be declassified or downgraded by the Archivist of the United States in accordance with this Order, the directives-of the Information Security Oversight Office. and agency guidelines. Sec. 3.3 Systematic Review for Declassification. (a) The Archivist of the United States shall, in accordance with procedures and timeframes prescribed in the Information Security Oversight Office's directives implementing this Order, systematically review for declassification or downgrading (1) classified records accessioned into the National Archives of the United States, and (2) classified presidential papers or records under the Archivist's control. Such information shall be reviewed by the Archivist for declassification or downgrading in accordance with systematic review guidelines that shall be provided by the head of the agency that originated the information, or in the case of foreign government information, by the Director of the Information Security Oversight Office in consultation with interested agency heads. (b) Agency heads may conduct internal systematic review programs for classified information originated by their agencies contained in records deter- mined by the Archivist to be permanently valuable but that have not been accessioned into the National Archives of the United States. (c) After consultation with affected agencies, the Secretary of Defense may establish special procedures for systematic review for declassification of classified cryptologic information, and the Director of Central Intelligence may establish special procedures for systematic review for declassification of classified information pertaining to intelligence activities (including special activities), or intelligence sources or methods. Sec. 3.4. Mandatory Review for Declassification. (a) Except as provided in Section 3.4(b). all information classified under this Order or predecessor orders shall be subject to a review for declassification by the originating agency. if: (1) the request is made by a United States citizen or permanent resident alien. a federal agency, or a State or local government; and (2) the request describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort. (b) Information originated by a President, the White House Staff, by commit- tees, commissions, or boards appointed by'the President, or others specifically providing advice and counsel to a President or acting on behalf of a President is exempted from the provisions of Section 3.4(a). The Archivist of the United States shall have the authority to review, downgrade and declassify informa- tion under the control of the Administrator of General Services or the Archi- vist pursuant to sections 2107, 2107 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consul- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-0053OR000300580001-0 nnnroo not tation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective presidential papers or records. Any decision by the Archivist may be appealed to the Director of the Information Security Over- sight Office. Agencies with primary subject matter interest shall. be notified promptly of the Director's decision on such appeals and may further appeal to the National Security Council. The information shall remain classified pending a prompt decision on the appeal. (c) Agencies conducting a mandatory review for declassification shall declas- sify information no longer requiring protection under this Order. They shall release this information unless withholding is otherwise authorized under applicable law. (d) Agency heads shall develop procedures, to process requests for the manda- tory review of classified information.'1`hese procedures shall apply to informa- tion classified under this or predecessor -orders. They shall also provide a means for administratively appealing a denial of a mandatory review request. (e) The Secretary of Defense shall develop special procedures for the review of cryptologic information, and the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelli- gence activities (including special activities), or Intelligence sources or meth- ods. after consultation with affected agencies. The Archivist shall develop special procedures for the review of information accessioned into the National Archives of the United States. (f) In response to a request for information under the Freedom of Information Act, the Privacy Act of 1974. or the mandatory review provisions of this Order. (1) An agency shall refuse to confirm or deny the existence or non-existence of requested information whenever the fact of its existence or non-existence is itself classifiable under this Order. (2) When an agency receives any request for documents in its custody- that were classified by another agency, it shall refer copies of the request and the requested documents to the originating agency for processing. and may. after consultation with the originating agency, inform the requester of the referral. In cases in which the originating agency determines in writing that a response under Section 3.4(f)(1) Is required, the referring agency shall respond to the requester in accordance with that Section. Part 4 Safeguording Sec. 4.1 General Restrictions on Access. (a) A person is eligible for access to classified information provided that a determination of trustworthiness has been made by agency heads or designat- ed officials and provided that such access is essential to the accomplishment of lawful and authorized Government purposes. (b) Controls shall be established by each agency to ensure that classified information is used, processed, stored. reproduced, transmitted, and destroyed only under conditions that will provide adequate protection and prevent access by unauthorized persons. (c) Classified information shall not be disseminated outside the executive branch except under conditions that ensure that the information will be given protection equivalent to that afforded within the executive branch. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001 .0 : ORDERS (d) Except as provided by directives issued by the President through the National Security Council, classified information originating In one agency may not be disseminated outside any other agency to which it has been made available without the consent of the originating agency. For purposes of this Section, the Department of Defense shall be considered one agency. Sec. 4.2 Special Access Programs. (a) Agency heads designated pursuant to Section 1.2(a) may create special access programs to control access, distribution, and protection of particularly sensitive information classified pursuant to this Order or predecessor orders. Such programs may be created or continued only at the written direction of these agency heads. For special access programs pertaining to intelligence activities (including special activities but not including military operational. strategic and tactical programs), or intelligence sources or methods, this function will be exercised by the Director of Central Intelligence. (b) Each agency head shall establish and maintain a system of accounting for special access programs. The Director of the Information Security Oversight Office, consistent with the provisions of Section 5.2(b)(4), shall have non- delegable access to all such accountings. Sec. 4.3 Access by Historical Researchers and Former Presidential Ap- pointees. (a) The requirement in Section 4.1(a) that access to classified information may be granted only as is essential to the accomplishment of authorized and lawful Government purposes may be waived as provided in Section 4.3(b) for persons who: (1) are engaged in historical research projects, or (2) previously have occupied policy-making positions to which they were appointed by the President. (b) Waivers under Section 4.3(a) may be granted only if the originating agency: (1) determines in writing that access is consistent with the interest of national security; (2) takes appropriate steps to protect classified information from unauthorized disclosure or compromise. and ensures that the information is safeguarded in a manner consistent with this Order, and (3) limits the access granted to former presidential appointees to items that the person originated, reviewed, signed, or received while serving as a presiden- tial appointee. Part 5 Implementation and Review Sec. 5.1 Policy Direction. (a) The National Security Council shall provide overall policy direction for the information security program. (b) The Administrator of General Services shall be responsible for implement- ing and monitoring the program established pursuant to this Order. The Administrator shall delegate the implementation and monitorship functions of this program to the Director of the Information Security Oversight Office. Sec. 5.2 Information Security Oversight Office. (a) The Information Security Oversight Office shall have a full-time Director appointed by the Administrator of General Services subject to approval by the President. The Director shall have the authority to appoint a staff for the Office. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 I txtt:u I IVE ORDERS 433 (b) The Director shall: (i) develop. in consultation with the agencies, and promulgate, subject to the approval of the National Security Council, directives for the implementation of this Order, which shall be binding on the agencies; (2) oversee agency actions to ensure compliance with this Order and imple- menting directives; (3) review all agency implementing regulations and agency guidelines for systematic declassification review. The Director shall -require any regulation or guideline to be changed if it is not consistent with this Order or implement- ing directives. Any such, decision by the Director may be appealed to the National Security Council. The agency regulation or guideline shall remain in effect pending a prompt decision on the appeal; -- (4) have the authority to conduct on-site reviews of the information security program of each agency that generates or handles classified information and to require of each agency those reports, information, and other cooperation that may be necessary to fulfill the Director's responsibilities. If these reports. inspections, or access to specific categories of classified information would pose an exceptional national 'security risk, the affected agency head or the senior official designated under Section 5.3(a)(1) may. deny access. The Direc- tor may appeal denials to the National Security Council. The denial of access shall remain in effect pending a prompt decision on the appeal; (5) review requests for original classification authority from agencies or offi- cials not granted original classification authority and, if deemed appropriate, recommend presidential approval; - (8) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the information security program; (7) have the authority to prescribe, after consultation with affected agencies. standard forms that will promote the implementation of the information security program; (8) report at least annually to the President through the National Security Council on the implementation of this Order, a;nd (9) have the authority to convene and chair interagency meetings to discuss matters pertaining to the information security program. Sec. 5.3 General Responsibilities. Agencies that originate or handle classified information shall: (a) designate a senior agency official to direct and administer its information security program, which shall include an active oversight and security educa- tion program to ensure effective implementation of this Order,. (b) promulgate implementing regulations. Any unclassified regulations that establish agency information security policy shall be published in the Federal Register to the extent that these regulations affect members of the public; (c) establish procedures to prevent unnecessary access to classified informa. tion, including procedures that (i) require that a demonstrable need for access to classified information is established before initiating administrative clear- ance procedures, and (ii) ensure that the number of persons granted access to classified information is limited to the minimum consistent with operational and security requirements and needs; and (d) develop special contingency plans for the protection of classified informa- tion used in qr near hostile or potentially hostile areas. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 ?`? ? LALV V , EVE ORDERS Sec. 5.4 Sanctions. (a) If the Director of the Information Security Oversight Office finds that a violation of this Order or its implementing directives may have occurred, the Director shall make a report to the head of the agency or to the senior official designated under Section 5.3(a)(1) so that corrective steps, if appropriate, may be taken. (b) Officers and employees of the United States Government. and its contrac- tors, licensees, and grantees shall be subject to appropriate sanctions if they: (1) knowingly, willfully, or negligently disclose to unauthorized persons infor- mation properly classified under this Order or predecessor orders; (2) knowingly and willfully classify or continue the classification of informa- tion in violation of this Order or any implementing directive; or (3) knowingly and willfully violate any other provision of this Order or implementing directive. (c) Sanctions may include reprimand, suspension without pay, removal, termi- nation of classification authority, loss or denial of access to classified infor- mation. or other sanctions in accordance with applicable law and agency regulation. (d) Each agency head or the senior official designated under Section 5.3(a)(1) shall ensure that appropriate and prompt corrective action is taken whenever a violation under Section 5.4(b) occurs. Either shall ensure that the Director of the Information Security Oversight Office is promptly notified whenever a violation under Section 5.4(b) (1) or (2) occurs. Part ti General Provisions Sec. 8.1 Definitions. (a) "Agency" has the meaning provided at 5 U.S.C. 552(e). (b) "Information" means any Information or material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. (c) "National security information" means information that has been deter- mined pursuant to this Order or any predecessor order to require protection against unauthorized disclosure and that is so designated. (d) "Foreign government information" means: (1) information provided by a foreign government or governments, an interna- tional organization of governments, or any element thereof with the expecta- tion. expressed or implied, that the information, the source of the information, or both, are to be held in confidence; or (2) information produced by the United States pursuant to or as a result of a joint arrangement with a foreign government or governments or an interna- tional organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence. (e) "National security" means the national defense or foreign relations of the United States. (t) "Confidential source" means any individual or organization that has provided, or that may reasonably be expected to provide, information to the United States on matters pertaining to the national security with the expecta- tion. expressed or implied, that the information or relationship, or both, be held in, confidence. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 435 . tAtt.u i iVE ORDERS , Original classification" means an initial determination that information requires. in the interest of national security, protection against unauthorized disclosure, together with a classification designation signifying the level of protection required. Sec. 8.2 General. (a) Nothing in this Order shall supersede any requirement made by or under the Atomic Energy Act.of 1954. as amended. "Restricted Data" and "Formerly Restricted Data" shall be handled, protected classified. downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended. and regulations issued under that Act. (b) The Attorney General, upon -request by the head of an agency or the .-.Director of the Information Security Overnight Office, shall render an interpre- tation of this Order with respect to any question arising in the course of its administration. (c) Nothing in this Order limits the protection afforded any information by other provisions of law. (d)-Executive Order No. i2t>85*of June 28.1978,-as amended, is revoked as of the.effective date of this Order. (a) This Order shall become effective on August 1. 1982. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 IV. ESTABLISHMENT OF CONGRESSIONAL . INTELLIGENCE COMMITTEES Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 RULE XLVIII OF THE RULES OF THE HOUSE OF REPRESENTATIVES 1. (a) There is hereby established a permanent select committee to be known as the Permanent Select Committee on Intelligence (hereinafter in this rule referred to as the "select committee"). The select committee shall be composed of not more than seventeen Members with representation to include at least one Member from: (1) the Committee on Appropriations; (2) ,the Committee on Armed Services; (3) the Committee on Foreign Affairs; and (4) the Committee on the Judiciary; (b) The majority leader of the House and the minority leader of the House shall be ex officio members of the select committee but shall have no vote in the committee and shall not be counted for purposes of determining a quorum. (c) No Member of the House may serve on. the select committee for more than six years of continuous service, exclusive of service by any Member of the House on such committee during the Ninety-fifth Congress. To the greatest extent practicable, at least four of the Members of the House appointed to the select commit- tee at the beginning of the Ninety-seventh Congress and each Con- gress thereafter shall be Members of the House who did not serve on such committee during the preceding Congress. 2. (a) There shall be referred to the select committee all proposed legislation, messages, petitions, memorials, and other matters relat- ing to the following: (1) The Central Intelligence Agency and the Director of Cen- tral Intelligence. (2) Intelligence and intelligence-related activities of all other departments and agencies of the Government, including, but not limited to, the intelligence and intelligence-related activi- ties of the Defense Intelligence Agency, the National Security Agency, and other agencies of the Department of Defense; the Department of State; the Department of Justice; and the De- partment of the Treasury. (3) The organization or reorganization of any department or agency of the Government to the extent that the organization or reorganization relates to a function or activity involving in- telligence or intelligence-related activities. (4) Authorizations for appropriations, both direct and indi- rect, for the following: (A) The Central Intelligence Agency and Director of Cen- tral Intelligence. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 THE HOUSE (B) The Defense Intelligence Agency. (C) The National Security Agency. (D) The intelligence and intelligence-related activities of other agencies and subdivisions of the Department of De- fense. (E) The intelligence and intelligence-related activities of the Department of State. (F) The intelligence and intelligence-related activities of the Federal Bureau of Investigation, including all activi- ties of the Intelligence Division. (G) Any department, agency, or subdivision which is the successor to any agency named in subdivision (A), (B), or (C); and the activities of any department, agency, or subdi- vision which is the successor to any. department, agency, bureau, or subdivision named in subdivision (D), (E), or (F), to the extent that the activities of such successor depart- ment, agency, or subdivision are activities described in subdivision (D), (E), or (F). (b) Any proposed legislation initially reported by the select com- mittee, except any legislation involving matters specified in sub- paragraph (1) or (4)(A) of paragraph (a), containing any matter oth- erwise within the jurisdiction of any standing committee shall, at the request of the chairman of such standing committee, be re- ferred to such standing committee by the Speaker for its consider- ation of such matter and be reported to the House by such standing committee within the time prescribed by the Speaker in the refer- ral; and any proposed legislation initially reported by any commit- tee, other than the select committee, which contains any matter within the jurisdiction of the select committee shall, at the request of the chairman of the select committee, be referred by the Speak- er to the select committee for its consideration of such matter and be reported to the House within the time prescribed by the Speaker in the referral. (c) Nothing in this rule shall be construed as prohibiting or oth- erwise restricting the authority of any other committee to study and review any intelligence or intelligence-related activity to the extent that such activity directly affects a matter otherwise within the jurisdiction of such committee. (d) Nothing in this rule shall be construed as amending, limiting, or otherwise changing the authority of any standing committee of the House to obtain full and prompt access to the product of the intelligence and intelligence-related activities of any department or agency of the Government relevant to a matter otherwise within the jurisdiction of such committee. 3. (a) The select committee, for the purposes of accountability to the House, shall make regular and periodic reports to the House on the nature and extent of the intelligence and intelligence-related activities of the various departments and agencies of the United States. Such committee shall promptly call to the attention of the House or to any other appropriate committee or committees of the House any matters requiring the attention of the House or such other committee or committees. In making such reports, the select Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 JF THE HOUSE 441 committee shall proceed in a manner consistent with clause 7 to protect national security. (b) The select committee shall obtain an annual report from the Director of the Central Intelligence Agency, the Secretary of De- fense, the Secretary of State, and the Director of the Federal Bureau of Investigation. Such reports shall review the intelligence and intelligence-related activities of the agency or department con- cerned and the intelligence and intelligence-related activities of for- eign countries directed at the United States or its interest. An un- classified version of each report may be made available to the public at the discretion of the select committee. Nothing herein shall be construed as requiring the public disclosure in such re- ports of the names of individuals engaged in intelligence or intelli- gence-related activities for the United States or the divulging of in- telligence methods employed or the sources of information on which such reports are based or the amount of funds authorized to be appropriated for intelligence and intelligence-related activities. (c) On or before March 15 of each year, the select committee shall submit to the Committee on the Budget of the House the views and estimates described in section 301(a)(c) of the Congres- sional Budget Act of 1974 regarding matters within the jurisdiction of the select committee. 4. To the extent not inconsistent with the provisions of this rule, the provisio s of clauses 1, 2, 3, and 5 (a), (b), (c), and 6 (a), (b), (c) of rule XI shad apply to the select committee, except that, notwith- standing the requirements of the first sentence of clause 2(g)(2) of rule XI, a majority of those present, there being in attendance the requisite number required under the rules of the select committee to be present for the purpose of taking testimony or receiving evi- dence, may vote to close a hearing whenever the majority deter- mines that such testimony or evidence would endanger the nation- al security. 5. No employee of the select committee or any person engaged by contract or otherwise to perform services for or at the request of such committee shall be given access to any classified information by such committee unless such employee or person has (1) agreed in writing and under oath to be bound by the rules of the House (including the jurisdiction of the Committee on Standards of Offi- cial Conduct and of the select committee as to the security of such information during and after the period of his employment of con- tractual agreement with such committee); and (2) received an ap- propriate security clearance as determined by such committee in consultation with the Director of Central Intelligence. The type of security clearance to be required in the case of any such employee or person shall, within the determination of such committee in con- sultation with the Director of Central Intelligence, be commensu- rate with the sensitivity of the classified information to which such employee or person will be given access by such committee. 6. The select committee shall formulate and carry out such rules and procedures as it deems necessary to prevent the disclosure, without the consent of the person or persons concerned, of informa- tion in the possession of such committee which unduly infringes upon the privacy or which violates the constitutional rights of such Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 44L MULLS OF THE HOUSE person or persons. Nothing herein shall be construed to prevent such committee from publicly disclosing any such information in any case in which such committee determines that national inter- est in the disclosure of such information clearly outweighs any in- fringement on the privacy of any person or persons. 7. (a) The select committee may, subject to the provisions of this clause, disclose publicly any information in the possession of such committee after a determination by such committee that the public interest would be served by such disclosure. Whenever committee action is required to disclose any information under this clause, the committee shall meet to vote on the matter within five days after any member of the committee requests such a vote. No member of the select committee shall disclose any information, the disclosure of which requires a committee vote, prior to a vote by the commit- tee on the question of the disclosure of such information or after such vote except in accordance with this clause. (b)(1) In any case in which the select committee votes to disclose publicly any information which has been classified under estab- lished security procedures, which has been submitted to it by the executive branch, and which the executive branch requests be kept secret, such committee shall notify the President of such vote. (2) The select committee may disclose publicly such information after the expiration of a five-day period following the day on which notice of such vote is transmitted to the President, unless prior to the expiration of such five-day period, the President, personally in writing, notifies the committee that he objects to the disclosure of such information, provides his reasons therefor, and certifies that the threat to the national interest of the United States posed by such disclosure is of such gravity that it outweighs any public in- terest in the disclosure. (3) If the President, personally, in writing, notifies the select com- mittee of his objections to the disclosure of such information as pro- vided in subparagraph (2), such committee may, by majority vote, refer the question of the disclosure of such information with a rec- ommendation thereon to the House for consideration. The commit- tee shall not publicly disclose such information without leave of the House. (4) Whenever the select committee votes to refer the question of disclosure of any information to the House under subparagraph (3), the chairman shall, not later than the first day on which the House is in session following the day on which the vote occurs, report the matter to the House for its consideration. (5) If within four calendar days on which the House is in session, after such recommendation is reported, no motion has been made by the chairman of the select committee to consider, in closed ses- sion, the matter reported under subparagraph (4), then such a motion will be deemed privileged and may be made by any Member. The .motion under this subparagraph shall not be subject to debate or amendment. When made, it shall be decided without intervening motion, except one motion to adjourn. (6) If the House adopts a motion to resolve into closed session, the Speaker shall then be authorized to declare a recess subject to the call of the .Chair. At the .expiration of such recess, the pending Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530R000300580001-0_F THE HOUSE 443 question, in closed session, shall be, "Shall the House approve the recommendations of the select committee?" (7) After not more than two hours of debate on the motion, such debate to be equally divided and controlled by the chairman and ranking minority member of the select committee, or their desig- nees, the previous question shall be considered as ordered and the House, without intervening motion except one motion to adjourn, shall immediately vote on the question, in open session but without divulging the information with respect to which the vote is being taken. If the recommendation of the select committee is not agreed to, the question shall be deemed recommitted to the select commit- tee for further recommendation. (c)(1) No information in the possession of the select committee re- lating to the lawful intelligence or intelligence-related activities of any department or agency of the United States which has been classified under established security procedures and which the select committee, pursuant to paragraph (a) or (b) of this clause, has determined should not be disclosed shall be made available to any person by a Member, officer, or employee of the House except as provided in subparagraph (2). (2) The select committee shall, under such regulations as the committee shall prescribe, make any information described in sub- paragraph (1) available to any other committee or any other Member of the House and permit any other Member of the House to attend any hearing of the committee which. is closed to the public. Whenever the select committee makes such information available, the committee shall keep a written record showing, in the case of any particular information, which committee or which Members of the House received such information. No Member of the House who, and no committee which, receives any information under this subparagraph, shall disclose such information except in a closed session of the House. (d) The Committee on Standards of Official Conduct shall investi- gate any unauthorized disclosure of intelligence or intelligence-re- lated information by a Member, officer, or employee of the House in violation of paragraph (c) and report to the House concerning any allegation which it finds to be substantiated. (e) Upon the request of any person who is subject to any such in- vestigation, the Committee on Standards of Official Conduct shall release to such individual at the conclusion of its investigation a summary of its investigation, together with its findings. If, at the conclusion of its investigation, the Committee on Standards of Offi- cial Conduct determines that there has been a significant breach of confidentiality or unauthorized disclosure by a Member, officer, or employee of the House, it shall report its findings to the House and recommend appropriate action such as censure, removal from com- mittee membership, or explusion from the House, in the case of a Member, or removal from office or employment or punishment for contempt, in the case of an officer or employee. 8. The select committee is authorized to permit any personal rep- resentative of the President, designated by the President to serve as a liaison to such committee, to attend any closed meeting of such committee. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 YYY BULL yr THE HOUSE 9. Subject to the rules of the House, no funds shall be appropri- ated for any fiscal year beginning after September 30, 1978, with the exception of a continuing bill or resolution continuing appro- priations, or amendment thereto, or conference report thereon, to, or for use of, any department or agency of the United States to carry out any of the following activities, unless such funds shall have been previously authorized by a bill or joint resolution passed by the House during the same or preceding fiscal year to carry out such activity for such fiscal year: (a) The activities of the Central Intelligence Agency and the Director of Central Intelligence. (b) The activities of the Defense Intelligence Agency. (c) The activities of the National Security Agency. (d) The intelligence and intelligence-related activities of other agencies and subdivisions of the Department of Defense. (e) The intelligence and intelligence-related activities of the Department of State. (f) The intelligence and intelligence-related activities of the Federal Bureau of Investigation, including all activities of the Intelligence Division. 10. (a) As used in this rule, the term "intelligence and intelli- gence-related activities" includes (1) the collection, analysis, pro- duction, dissemination, or use of information which relates to any foreign country, or any government, political group, party, military force, movement, or other association in such foreign country, and which relates to the defense, foreign policy, national security, or re- lated policies of the United States, and other activity which is in support of such activities; (2) activities taken to counter similar ac- tivities directed against the United States; (3) covert or clandestine activities affecting the relations of the United States with any for- eign government, political group, party, military force, movement, or other association; (4) the collection, analysis, production, dissemi- nation, or use of information about activities of persons within the United States, its territories and possessions, or nationals of the United States abroad whose political and related activities pose, or may be considered by any department, agency, bureau, office, divi- sion, instrumentality, or employee of the United States to pose, a threat to the internal security of the United States, and covert or clandestine activities directed against such persons. (b) As used in this rule, the term "department or agency" in- cludes an organization, committee, council, establishment, or office within the Federal Government. (c) For purposes of this rule, reference to any department, agency, bureau, or subdivision shall include reference to any suc- cessor department, agency, bureau, or subdivision to the extent that such successor engages in intelligence or intelligence-related activities now conducted by the department, agency, bureau, or subdivision referred to in this rule. 11. Clause 6(a) of rule XXVIII does not apply to conference com- mittee meetings respecting legislation (or any part thereof) report- ed from the Permanent Select Committee on Intelligence. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 I Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 A RESOLUTION ESTABLISHING A SELECT COMMITTEE ON INTELLIGENCE Resolved, That it is the purpose of this resolution to establish a new select committee of the Senate, to be known as the Select Committee on Intelligence, to oversee and make continuing studies of the intelligence activities and programs of the United States Government, and to submit to the Senate appropriate proposals for legislation and report to the Senate concerning such intelligence activities and programs. In carrying out this purpose, the Select Committee on Intelligence shall make every effort to assure that .the appropriate departments and agencies of the United States pro- vide informed and timely intelligence necessary for the executive and legislative branches to make sound decisions affecting the se- curity and vital interests of the Nation. It is further the purpose of this resolution to provide vigilant legislative oversight over the in- telligence activities of the United States to assure that such activi- ties are in conformity with the Constitution and laws of the United States. SEC. 2. (a)(1) There is hereby established a select committee to be known as the Select Committee on Intelligence (hereinafter in this resolution referred to as the "select committee"). The select com- mittee shall be composed of fifteen members appointed as follows: (A) two members from the Committee on Appropriations; (B) two members from the Committee on Armed Services; (C) two members from the Committee on Foreign Relations; (D) two members from the Committee on the Judiciary; and (E) seven members to be appointed from the Senate at large. (2) Members appointed from each committee named in clauses (A) through (D) of paragraph (1) shall be evenly divided between the two major political parties and shall be appointed by the Presi- dent pro tempore of the Senate upon the recommendations of the majority and minority leaders of the Senate. Four of the members appointed under clause (E) of paragraph (1) shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate and three shall be appointed by the President pro tempore of the Senate upon the recommenda- tion of the minority leader of the Senate. (3) The majority leader of the Senate and the minority leader of the Senate shall be ex officio members of the select committee but shall have no vote in the committee and shall not be counted for .purposes of determining a quorum. (b) No Senator may serve on the select committee for more than eight years of continuous service, exclusive of service by any Sena- tor on such committee during the Ninety-fourth Congress. To the greatest extent practicable, one-third of the Members of the Senate appointed to the select committee at the beginning of the Ninety- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 44b S. RES. 400 seventh Congress and each Congress thereafter shall be Members of the Senate who did not serve on such committee during the pre- ceding Congress. (c) At the beginning of each Congress, the Members of the Senate who are members of the majority party of the Senate shall elect a chairman for the select committee, and the Members of the Senate who are from the minority party of the Senate shall elect a vice chairman for such committee. The vice chairman shall act in the place and stead of the chairman in the absence of the chairman. Neither the chairman nor the vice chairman of the select commit- tee shall at the same time serve as chairman or ranking minority member of any other committee referred to in paragraph 6(f) of rule XXV of the Standing Rules of the Senate. (d) For the purposes of paragraph 6(a) of rule XXV of the Stand- ing Rules of the Senate, service of a Senator as a member of the select. committee shall not be taken into account. SEC. 3. (a) There shall be referred to the select committee all pro- posed legislation, messages, petitions, memorials, and other matters relating to the following: (1) The Central Intelligence Agency and the Director of Cen- tral Intelligence. (2) Intelligence activities of all other departments and agen- cies of the Government, including, but not limited to, the intel- ligence activities of the Defense Intelligence Agency, the Na- tional Security Agency, and other agencies of the Department of Defense; the Department of State; the Department of Jus- tice; and the Department of the Treasury. (3) The organization or reorganization of any department or agency of the Government to the extent that the organization or reorganization relates to a function or activity involving in- telligence activities. (4) Authorization for appropriations, both direct and indirect, for the following: (A) The. Central Intelligence Agency and Director of Cen- tral Intelligence. (B) The Defense Intelligence Agency. (C) The National Security Agency. (D) The intelligence activities of other agencies and sub- divisions of the Department of Defense. (E) The intelligence activities of the Department of State. (F) The intelligence activities of the Federal Bureau of Investigation, including-all activities of the Intelligence Di- vision. (G) Any department, agency, or subdivision which is the successor to any agency named in clause (A), (B), or (C); and the activities of any department, agency, or subdivi- sion which is the successor to any department, agency, bureau, or subdivision named in clause (D), (E), or (F) to the extent that the activities of such successor department, agency, or subdivision are activities described in clause (D), (E), or (F). Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 a. RES. 400 447 (b) Any proposed legislation reported by the select committee, except any legislation involving matters specified in clause (1) or (4)(A) of subsection (a), containing any matter otherwise within the jurisdiction of any standing committee shall, at the request of the chairman of such standing committee, be referred to such standing committee for its consideration of such matter and be reported to the Senate by such standing committee within thirty days after the day on which such proposed legislation is referred to such standing committee; and any proposed legislation reported by any commit- tee, other than the select committee, which contains any matter within the jurisdiction of the select committee shall, at the request of the chairman of the select committee, be referred to the select committee for its consideration of such matter and be reported to the Senate by the select committee within thirty days after the day on which such proposed legislation is referred to such committee. In any case in which a committee fails to report any proposed legis- lation referred to it within the time limit prescribed herein, such committee shall be automatically discharged from further consider- ation of such proposed legislation on the thirtieth day following the day on which such proposed legislation is referred to such commit- tee unless the Senate provides otherwise. In computing any thirty- day period under this paragraph there shall be excluded from such computation any days on which the Senate is not in session. (c) Nothing in this resolution shall be construed as prohibiting or otherwise restricting the authority of any other committee to study and review any intelligence activity to the extent that such activity directly affects a matter otherwise within the jurisdiction of such committee. (d) Nothing in this resolution shall be construed as amending, limiting, or otherwise changing the authority of any standing com- mittee of the Senate to obtain full and prompt access to the prod- uct of the intelligence activities of any department or agency of the Government relevant to a matter otherwise within the jurisdiction of such committee. SEC. 4. (a) The select committee, for the purposes of accountabil- ity to the Senate, shall make regular and periodic reports to the Senate on the nature and extent of the intelligence activities of the various departments and agencies of the United States. Such com- mittee shall promptly call to the attention of the Senate or to any other appropriate committee or committees of the Senate any mat- ters requiring the attention of the Senate or such other committee or committees. In making such reports, the select committee shall proceed in a manner consistent with section 8(c)(2) to protect na- tional security. (b) The select committee shall obtain an annual report from the Director of the Central Intelligence Agency, the Secretary of De- fense, the Secretary of State, and the Director of the Federal Bureau of Investigation. Such reports shall review the intelligence activities of the agency or department concerned and the intelli- gence activities of foreign countries directed at the United States or its interests. An unclassified version of each report may be made available to the public at the discretion of the select committee. Nothing herein shall be construed as requiring the public disclo- Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001 -0 44S S. RES. 400 sure in such reports of the names of individuals engaged in intelli- gence activities for the United States or the -divulging of intelli- gence methods -employed or the sources of information on which such reports ;are based or the amount of funds authorized to be ap- propriated for intelligence activities. (c) On or before March 15 of each year, the select committee shall submit to the Committee on the Budget of the Senate the views and estimates described in section 301(c) of the Congressional Budget Act of 1974 regarding matters within the jurisdiction of the select committee. SEC. 5. (a) For the purposes of this resolution, the select commit- tee is authorized in its discretion (1) to make investigations into any matter within its jurisdiction, (2) to make expenditures from the contingent fund of the Senate, (3) to employ personnel, (4) to hold hearings, (5) to sit and act at any time or place during the ses- sions, recesses, and adjourned periods of the Senate, (6) to require, by subpena or otherwise, the attendance of witnesses and the pro- duction of correspondence, books, papers, and documents, (7) to take depositions and other testimony, (8) to procure the service of consultants or organizations thereof, in accordance with the provi- sions of section 202(i) of the Legislative Reorganization Act of 1946, and (9) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, to use on a reimbursable basis the services of personnel of any such department or agency. (b) The chairman- of the select committee or any member thereof may administer oaths to witnesses. (c) Subpenas authorized by the select committee may be issued over the signature of the chairman, the vice chairman, or any member of the select committee designated by the chairman, and may be served by any person designated by the chairman or any member signing the subpena. SEC. 6. No employee of the select committee or any person en- gaged by contract or otherwise to perform service for or at the re- quest of such committee shall be given access to any classified in- formation by such committee unless such employee or person has (1) agreed in writing and under oath to be bound by the rules of the Senate (including the jurisdiction of the Select Committee on Standards and Conduct) and of such committee as to the security of such information during and after the period of his employment or contractual agreement with such committee; and (2) received an appropriate security clearance as determined by such committee in consultation with the Director of Central Intelligence. The type of security clearance to be required in the case of any such employee or person shall, within the determination of such committee in con- sultation with the Director of Central Intelligence, be commensu- rate with the sensitivity of the classified information to which such employee or person will be given access by such committee. SEC. 7. The select committee shall formulate and carry out such rules and procedures as it deems necessary to prevent the disclo- sure, without the consent of the person or persons concerned, of in- formation in the possession of such committee which unduly in- fringes upon the privacy or which violates the constitutional rights Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 RES. 400 449 of such person or persons. Nothing herein shall be construed to prevent such committee from publicly disclosing any such informa- tion in any case in which such committee determines the national interest in the disclosure of such information clearly outweighs any infringement on the privacy of any person or persons. SEC. 8. (a) The select committee may, subject to the provisions of this section, disclose publicly any information in the possession of such committee after a determination by such committee that the public interest would be served by such disclosure. Whenever com- mittee action is required to disclose any information under this sec- tion, the committee shall meet to vote on the matter within five days after any member of the committee requests such a vote. No member of the select committee shall disclose any information, the disclosure of which requires a committee vote, prior to a vote by the committee on the question of the disclosure of such information or after such vote except in accordance with this section. (b)(1) In any case in which the select committee votes to disclose publicly any information which has been classified under estab- lished security procedures, which has been submitted to it by the executive branch, and which the executive branch requests be kept secret, such committee shall notify the President of such vote. (2) The select committee may disclose publicly such information after the expiration of a five-day period following the day on which notice of such vote is transmitted to the President, unless, prior to the expiration of such five-day period, the President, personally in writing, notifies the committee that he objects to the disclosure of such information, provides his reasons therefor, and certifies that the threat to the national interest of the United States posed by such disclosure is of such gravity that it outweighs any public in- terest in the disclosure. (3) If the President, personally in writing, notifies the select com- mittee of his objections to the disclosure of such information as pro- vided in paragraph (2), such committee may, by majority vote, refer the question of the disclosure of such information to the Senate for consideration. The committee shall not publicly disclose such infor- mation without leave of the Senate. (4) Whenever the select committee votes to refer the question of disclosure of any information to the Senate under paragraph (3), the chairman shall, not later than the first day on which the Senate is in session following the day on which the vote occurs, report the matter to the Senate for its consideration. (5) One hour after the Senate convenes on the fourth day on which the Senate is in session following the day on which any such matter is reported to the Senate, or at such earlier time as the ma- jority leader and the minority leader of the Senate jointly agree upon in accordance with section 133(f) of the Legislative Reorgani- zation Act of 1946, the Senate shall go into closed session and the matter shall be the pending business. In considering the matter in closed session the Senate may- (A) approve the public disclosure of all or any portion of the information in question, in which case the committee shall publicly disclose the information ordered to be disclosed, Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 4au a. RES. 400 (B) disapprove the public disclosure of all or any portion of the information in question, in which case the committee shall not publicly dislose the information ordered not to be disclosed, (C) refer all or any portion of the matter back to the commit- tee, in which case the commitee shall make the final determi- nation with respect to the public disclosure of the information in question. Upon conclusion of the consideration of such matter in closed ses- sion, which may not extend beyond the close of the ninth day on which the Senate is in session following the day on which such matter was reported to the Senate, or the close of the fifth day fol- lowing the day agreed upon jointly by the majority and minority leaders in accordance with section 133(f) of the Legislative Reorga- nization Act of 1946 (whichever the case may be), the Senate shall immediately vote on the disposition of such matter in open session, without debate, and without divulging the information with respect to which the vote is being taken. The Senate shall vote to dispose of such matter by one or more of the means specified in clauses (A), (B), and (C) of the second sentence of this paragraph. Any vote of the Senate to disclose any information pursuant to this paragraph shall be subject to the right of a Member of the Senate to move for reconsideration of the vote within the time and pursuant to the procedures specified in rule XIII of the Standing Rules of the Senate, and the disclosure of such information shall be made con- sistent with that right. (c)(1) No information in the possession of the select committee re- lating to the lawful intelligence activities of any department or agency of the United States which has been classified under estab- lished security procedures and which the select committee, pursu- ant to subsection (a) or (b) of this section, has determined should not be disclosed shall be made available to any person by a Member, officer, or employee of the Senate except in a closed ses- sion of the Senate or as provided in paragraph (2). (2) The select committee may, under such regulations as the com- mittee shall prescribe to protect the confidentiality of such infor- mation, make any information described in paragraph (1) available to any other committee or any other Member of the Senate. When- ever the select committee makes such information available, the committee shall keep a written record showing, in the case of any particular information, which committee or which Members of the Senate received such information. No Member of the Senate who, and no committee which, receives any information under this sub- section, shall disclose such information except in a closed session of the Senate. (d) It shall be the duty of the Select Committee on Standards and Conduct to investigate any unauthorized disclosure of intelligence information by a Member, officer or employee of the Senate in vio- lation of subsection (c) and to report to the Senate concerning any allegation which it finds to be substantiated. (e) Upon the request of any person who is subject to any such in- vestigation, the Select Committee on Standards and Conduct shall release to such individual at the conclusion of its investigation a Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP9O-OO53OROOO3OO58OOO1-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 ..,ES. 400 451 summary of its investigation together with its findings. If, at the conclusion of its investigation, the Select Committee on Standards and Conduct determines that there has been a significant breach of confidentiality or unauthorized disclosure by a Member, officer, or employee of the Senate, it shall report its findings to the Senate and recommend appropriate action such as censure, removal from committee membership, or explusion from the Senate, in the case of Member, or removal from office or employment or punishment for contempt, in the case of an officer or employee. SEC. 9. The select committee is authorized to permit any personal representative of the President, designated by the President to serve as a liaison to such committee, to attend any closed meeting of such committee. SEC. 10. Upon expiration of the Select Committee on Governmen- tal Operations With Respect to Intelligence Activities, established by Senate Resolution 21, Ninety-fourth Congress, all records, files, documents, and other materials in the possession, custody, or con- trol of such committee, under appropriate, conditions established by it, shall be transferred to the select committee. SEC. 11. (a) It is the sense of the Senate that the head of each department and agency of the United States should keep the select committee fully and currently informed with respect to intelligence activities, including any significant anticipated activities, which are the responsibility of or engaged in by such department or agency: Provided, That this does not constitute a condition precedent to the implementation of any such anticipated intelligence activity. (b) It is the sense of the Senate that the head of any department or agency of the United States involved in any intelligence activi- ties should furnish any information or documentation in the pos- session, custody, or control of the department or agency, or person paid by such department or agency, whenever requested by the select committee with respect to any matter within such commit- tee's jurisdiction. (c) It is the sense of the Senate that each department and agency of the United States should report immediately upon discovery to the select committee any and all intelligence activities which con- stitute violations of the constitutional rights of any person, viola- tions of law, or violations of Executive orders, Presidential direc- tives, or departmental or agency rules or regulations; each depart- ment and agency should further report to such committee what ac- tions have been taken or are expected to be taken by the depart- ments or agencies with respect.to such violations. SEC. 12. Subject to the Standing Rules of the Senate, no funds shall be appropriated for any fiscal year beginning after September 30, 1976, with the exception of a continuing bill or resolution, or amendment thereto, or conference report thereon, to, or for use of, any department or agency of the United States to carry out any of the following activities, unless such funds shall have been previous- ly authorized by a bill or joint resolution passed by the Senate during the same or preceding fiscal year to carry out such activity for such fiscal year: (1) The activities of the Central Intelligence Agency and the Director of Central Intelligence. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 CIA-RDP90-00530 R000300580001-0 3 ES. 400 (2) The activities of the Defense Intelligence Agency. (3) The activities of the National Security Agency. (4) The intelligence activities of other agencies and subdivi- sions of the Department of Defense. (5) The intelligence activities of the Department of State. (6) The intelligence activities of the Federal Bureau of Inves- tigation, including all activities of the Intelligence Division. SEC. 13. (a) The select committee shall make a study with respect to the following matters, taking into consideration with respect to each such matter, all relevant aspects of the effectiveness of plan- ning, gathering, use, security, and dissemination of intelligence: (1) the quality of the analytical capabilities of United States foreign intelligence agencies and means for integrating more closely analytical intelligence and policy formulation; (2) the extent and nature of the authority of the departments and agencies of the executive branch to engage in intelligence activities and the desirability of developing charters for each intelligence agency or department; (3) the organization of intelligence activities in the executive branch to maximize the effectiveness of the conduct, oversight, and accountability of intelligence activities; to reduce duplica- tion or overlap; and to improve the morale of the personnel of the foreign intelligence agencies; (4) the conduct of covert and clandestine activities and the procedures by which Congress is informed of such activities; (5) the desirability of changing any law, Senate rule or proce- dure, or any Executive order, rule, or regulation to improve the protection of intelligence secrets and provide for disclosure of information for which there is no compelling reason for se- crecy; (6) the desirability of establishing a standing committee of the Senate on intelligence activities; (7) the desirability of establishing a joint committee of the Senate and the House of Representatives on intelligence activi- ties in lieu of having separate committees in each House of Congress, or of establishing procedures under which separate committees on intelligence activities of the two Houses of Con- gress would receive joint briefings from the intelligence agen- cies and coordinate their policies with respect to the safeguard- ing of sensitive intelligence information; (8) the authorization of funds for the intelligence activities of the Government and whether disclosure of any of the amounts of such funds is in the public interest; and (9) the development of a uniform set of definitions for terms to be used in policies or guidelines which may be adopted by the executive or legislative branches to govern, clarify, and strengthen the operation of intelligence activities. (b) The select committee may, in its discretion, omit from the special study required by this section any matter it determines has been adequately studied by the Select Committee To Study Govern- mental Operations With Respect to Intelligence Activities, estab- lished by Senate Resolution 21, Ninety-fourth Congress. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0 RES. 400 453 (c) The select committee shall report the results of the study pro- vided for by this section to the Senate, together with any recom- mendations for legislative or other actions it deems appropriate, no later than July 1, 1977, and from time to time thereafter as it deems appropriate. SEC. 14. (a) As used in this resolution, the term "intelligence ac- tivities" includes (1) the collection, analysis, production, dissemina- tion, or use of information which relates to any foreign country, or any government, political group, party, military force, movement, or other association in such foreign country, and which relates to the defense, foreign policy, national security, or related policies of the United States, and other activity which is in support of such activities; (2) activities taken to counter similar activities directed against the United States; (3) covert or clandestine activities affect- ing the relations of the United States with any foreign government, political group, party, military force, movement or other associa- tion; (4) the collection, analysis, production, dissemination, or use of information about activities of persons within the United States, its territories and possessions, or nationals of the United States abroad whose political and related activities pose, or may be consid- ered by any department, agency, bureau, office, division, instru- mentality, or employee of the United States to pose, a threat to the internal security of the United States, and covert or clandestine ac- tivities directed against such persons. Such term does not include tactical foreign military intelligence serving no national policymak- ing function. (b) As used in this resolution, the term "department or agency" includes any organization, committee, council, establishment, or office within the Federal Government. (c) For purposes of this resolution, reference to any department, agency, bureau, or subdivision shall include a reference to any suc- cessor department, agency, bureau, or subdivision to the extent that such successor engages in intelligence activities now conduct- ed by the department, agency, bureau, or subdivision referred to in this resolution. SEC. 15. For the period from the date this resolution is agreed to through February 28, 1977, the expenses of the select committee under this resolution shall not exceed $275,000, of which amount not to exceed $30,000 shall be available for the procurement of the services of individual consultants, or organizations thereof, as au- thorized by section 202(i) of the Legislative Reorganization Act of 1946. Expenses of the select committee under this resolution shall be paid from the contingent fund of the Senate upon vouchers ap- proved by the chairman of the select committee, except that vouch- ers shall not be required for the disbursement of salaries of em- ployees paid at an annual rate. SEC. 16. Nothing in this resolution shall be construed as consti- tuting acquiescence by the Senate in any practice, or in the con- duct of any activity, not otherwise authorized by law. Declassified in Part - Sanitized Copy Approved for Release 2012/12/27 : CIA-RDP90-00530 R000300580001-0
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