United States Code

(B) otherwise assist the Director in carrying out the responsibilities described in subsection (a) of this section.

(3) Within their respective areas of expertise and under the direction of the Director, the members of the Council shall constitute the senior intelligence advisers of the intelligence community for purposes of representing the views of the intelligence community within the Government.

(4) The Director shall make available to the Council such staff as may be necessary to permit the Council to carry out its responsibilities under this subsection and shall take appropriate measures to ensure that the Council and its staff satisfy the needs of policymaking officials and other consumers of intelligence.

(5) The heads of elements within the intelligence community shall, as appropriate, furnish such support to the Council, including the preparation of intelligence analyses, as may be required by the Director.

In the Director's capacity as head of the intelligence community, the Director shall

(1) develop and present to the President an annual budget for the National Foreign Intelligence Program of the United States;

(2) establish the requirements and priorities to govern the collection of national intelligence by elements of the intelligence community;

(3) promote and evaluate the utility of national intelligence to consumers within the Government;

(4) eliminate waste and unnecessary duplication within the intelligence community;

(5) protect intelligence sources and methods from unauthorized disclosure; and

(6) perform such other functions as the President or the National Security Council may direct.

(d) Head of Central Intelligence Agency

In the Director's capacity as head of the Central Intelligence Agency, the Director shall

(1) collect intelligence through human sources and by other appropriate means, except that the Agency shall have no police, subpoena, or law enforcement powers or internal security functions;

(2) provide overall direction for the collection of national intelligence through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other agencies of the Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that the risks to the United States and those involved in such collection are minimized;

(3) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence;

(4) perform such additional services as are of common concern to the elements of the intelligence community, which services the Director of Central Intelligence determines can be more efficiently accomplished centrally; and

(5) perform such other functions and duties related to intelligence affecting the national security as the President or the National Security Council may direct.

(July 26, 1947, ch. 343, title I, § 103, as added Oct. 24, 1992, Pub. L. 102-496, title VII, § 705(a)(3), 106 Stat. 3190; amended Dec. 3, 1993, Pub. L. 103-178, title V, § 502, 107 Stat. 2038.)

PRIOR PROVISIONS

A prior section 103 of act July 26, 1947, was renumbered section 107 and is classified to section 404 of this title.

AMENDMENTS

1993-Subsec. (d)(3). Pub. L. 103-178 substituted "provide" for "providing".

IDENTIFICATIon of Constituent Components of BasE INTELLIGENCE Budget

Pub. L. 103-359, title VI, § 603, Oct. 14, 1994, 108 Stat. 3433, provided that: "The Director of Central Intelligence shall include the same level of budgetary detail for the Base Budget that is provided for Ongoing Initiatives and New Initiatives to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate in the congressional justification materials for the annual submission of the National Foreign Intelligence Program of each fiscal year."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401a, 403-5, 403f, 403g, 411, 2011 of this title.

§ 403-4. Authorities of Director of Central Intelligence

(a) Access to intelligence

To the extent recommended by the National Security Council and approved by the President, the Director of Central Intelligence shall have access to all intelligence related to the national security which is collected by any department, agency, or other entity of the United States.

(b) Approval of budgets

The Director of Central Intelligence shall provide guidance to elements of the intelligence community for the preparation of their annual budgets and shall approve such budgets before their incorporation in the National Foreign Intelligence Program.

No funds made available under the National Foreign Intelligence Program may be reprogrammed by any element of the intelligence community without the prior approval of the Director of Central Intelligence except in accordance with procedures issued by the Director.

(d) Transfer of funds or personnel within National Foreign Intelligence Program

(1) In addition to any other authorities available under law for such purposes, the Director of Central Intelligence, with the approval of the Director of the Office of Management and Budget, may transfer funds appropriated for a program within the National Foreign Intelli

gence Program to another such program and, in accordance with procedures to be developed by the Director and the heads of affected departments and agencies, may transfer personnel authorized for an element of the intelligence community to another such element for periods up to a year.

(2) A transfer of funds or personnel may be made under this subsection only if—

(A) the funds or personnel are being transferred to an activity that is a higher priority intelligence activity;

(B) the need for funds or personnel for such activity is based on unforeseen requirements; (C) the transfer does not involve a transfer of funds to the Reserve for Contingencies of the Central Intelligence Agency;

(D) the transfer does not involve a transfer of funds or personnel from the Federal Bureau of Investigation; and

(E) the Secretary or head of the department which contains the affected element or elements of the intelligence community does not object to such transfer.

(3) Funds transferred under this subsection shall remain available for the same period as the appropriations account to which transferred.

(4) Any transfer of funds under this subsection shall be carried out in accordance with existing procedures applicable to reprogramming notifications for the appropriate congressional committees. Any proposed transfer for which notice is given to the appropriate congressional committees shall be accompanied by a report explaining the nature of the proposed transfer and how it satisfies the requirements of this subsection. In addition, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives shall be promptly notified of any transfer of funds made pursuant to this subsection in any case in which the transfer would not have otherwise required reprogramming notification under procedures in effect as of October 24, 1992.

(5) The Director shall promptly submit to the Select Committee on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representatives and, in the case of the transfer of personnel to or from the Department of Defense, the Committees on Armed Services of the Senate and House of Representatives, a report on any transfer of personnel made pursuant to this subsection. The Director shall include in any such report an explanation of the nature of the transfer and how it satisfies the requirements of this subsection.

(e) Coordination with foreign governments

Under the direction of the National Security Council and in a manner consistent with section 3927 of title 22, the Director shall coordinate the relationships between elements of the intelligence community and the intelligence or security services of foreign governments on all matters involving intelligence related to the national security or involving intelligence acquired through clandestine means.

(f) Use of personnel

The Director shall, in coordination with the heads of departments and agencies with elements in the intelligence community, institute policies and programs within the intelligence community

(1) to provide for the rotation of personnel between the elements of the intelligence community, where appropriate, and to make such rotated service a factor to be considered for promotion to senior positions; and

(2) to consolidate, wherever possible, personnel, administrative, and security programs to reduce the overall costs of these activities within the intelligence community.

(g) Termination of employment of CIA employees

Notwithstanding the provisions of any other law, the Director may, in the Director's discretion, terminate the employment of any officer or employee of the Central Intelligence Agency whenever the Director shall deem such termination necessary or advisable in the interests of the United States. Any such termination shall not affect the right of the officer or employee terminated to seek or accept employment in any other department or agency of the Government if declared eligible for such employment by the Office of Personnel Management. (July 26, 1947, ch. 343, title I, § 104, as added Oct. 24, 1992, Pub. L. 102-496, title VII, § 705(a)(3), 106 Stat. 3192.)

PRIOR PROVISIONS

A prior section 104 of act July 26, 1947, was renumbered section 108 and is classified to section 404a of this title.

CHANGE OF NAME

Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

SEPARATION PAY PROGRAM FOR VOLUNTARY SEPARATION FROM SERVICE

Pub. L. 103-36, § 2, June 8, 1993, 107 Stat. 104, as amended by Pub. L. 103–226, § 8(b), Mar. 30, 1994, 108 Stat. 118, provided that:

“(a) DEFINITIONS.-For purposes of this section

"(1) the term 'Director' means the Director of Central Intelligence; and

"(2) the term ‘employee' means an employee of the Central Intelligence Agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, except that such term does not include

"(A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; or

"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).

"(b) ESTABLISHMEnt of PROGRAM.—In order to avoid or minimize the need for involuntary separations due to downsizing, reorganization, transfer of function, or other similar action, the Director may establish a program under which employees may be offered separation pay to separate from service voluntarily (whether by retirement or resignation). An employee who receives separation pay under such program may not be

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

"(c) BAR ON CERTAIN EMPLOYMENT.—

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

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

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

during the 12-month period beginning on the effective date of the employee's separation from service. "(2) PENALTY.-An employee who violates an agreement under this subsection shall be liable to the United States in the amount of the separation pay paid to the employee pursuant to this section times the proportion of the 12-month period during which the employee was in violation of the agreement. "(d) LIMITATIONS.-Under this program, separation pay may be offered only

"(1) with the prior approval of the Director; and "(2) to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Director may require.

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

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

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

"(B) $25,000;

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

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

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

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

"(h) REPORTING REQUIREMENTS.—

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

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403-5, 403f, 411 of this title.

§ 403-5. Responsibilities of Secretary of Defense pertaining to National Foreign Intelligence Program (a) In general

The Secretary of Defense shall

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

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

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

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

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

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

(b) Responsibility for performance of specific func

tions

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

ensure

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

' So in original. Probably should be capitalized.

AMENDMENTS

continued operation of an effective unified organization for the conduct of signals intelligence activities and shall ensure that the product is disseminated in a timely manner to authorized recipients;

(2) through the Central Imagery Office (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the continued operation of an effective unified organization within the Department of Defense for carrying out tasking of imagery collection, for the coordination of imagery processing and exploitation activities, and for ensuring the dissemination of imagery in a timely manner to authorized recipients;

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

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

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

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

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

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

(D) the specialized requirements of the military departments for intelligence necessary to support tactical commanders, military planners, the research and development process, the acquisition of military equipment, and training and doctrine. (c) Use of elements of Department of Defense

The Secretary of Defense, in carrying out the functions described in this section, may use such elements of the Department of Defense as may be appropriate for the execution of those functions, in addition to, or in lieu of, the elements identified in this section.

(July 26, 1947, ch. 343, title I, § 105, as added Oct. 24, 1992, Pub. L. 102-496, title VII, § 706(a), 106 Stat. 3194; amended Oct. 14, 1994, Pub. L. 103-359, title V, § 501(a)(2), 108 Stat. 3428.)

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 411 of this title. § 403-6. Administrative provisions pertaining to defense elements within intelligence community (a) Consultations with regard to certain appoint

ments

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

(b) Appointment of head of Central Imagery Office

The Secretary shall appoint, upon the recommendation of the Director, the head of the Central Imagery Office within the Department of Defense.

(July 26, 1947, ch. 343, title I, § 106, as added Oct. 24, 1992, Pub. L. 102-496, title VII, § 706(a), 106 Stat. 3195; amended Oct. 14, 1994, Pub. L. 103-359, title V, § 501(a)(3), 108 Stat. 3428.)

AMENDMENTS

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

§ 403a. Definitions relating to Central Intelligence Agency

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

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

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

(c) "Government agency" means any executive department, commission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government.

(June 20, 1949, ch. 227, § 1, 63 Stat. 208; Sept. 6, 1960, Pub. L. 86-707, title V, § 511(a)(3), (c)(1), 74 Stat. 800, 801.)

CODIFICATION

Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.

AMENDMENTS

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

Subsec. (d). Pub. L. 86-707, § 511(a)(3), repealed subsec. (d) which defined "continental United States". See section 5921 of Title 5, Government Organization and Employees.

SHORT TITLE

Act June 20, 1949, ch. 227, § 10, formerly § 12, 63 Stat. 212; renumbered § 10, July 7, 1958, Pub. L. 85-507, § 21(b)(2), 72 Stat. 337, provided that: "This Act [enacting section 403a et seq. of this title] may be cited as the 'Central Intelligence Agency Act of 1949'."

SEPARABILITY

Act June 20, 1949, § 9, formerly § 11, 63 Stat. 212; renumbered § 9, July 7, 1958, Pub. L. 85-507, § 21(b)(2), 72 Stat. 337, provided that: "If any provision of this Act [enacting sections 403a et seq. of this title], or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby."

ACT REFERRED TO IN OTHER SECTIONS

The Central Intelligence Agency Act of 1949 is referred to in title 5 sections 2305, 5373.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403e, 403f of this title.

§ 403b. Seal of office of Central Intelligence Agency The Director of Central Intelligence shall cause a seal of office to be made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof.

(June 20, 1949, ch. 227, § 2, 63 Stat. 208.)

CODIFICATION

Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403a, 403e, 403f of this title.

§ 403c. Procurement authority of Central Intelligence Agency

(a) Purchases and contracts for supplies and services In the performance of its functions the Central Intelligence Agency is authorized to exercise the authorities contained in sections 2304(a)(1) to (6), (10), (12), (15), (17), and sections 2305(a) to (c), 2306, 2307, 2308, 2309, 2312, and 2313 of title 10.1

(b) "Agency head" defined

In the exercise of the authorities granted in subsection (a) of this section, the term “Agency head" shall mean the Director, the Deputy Director, or the Executive of the Agency.

The determinations and decisions provided in subsection (a) of this section to be made by the Agency head may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. Except as provided in subsection (d) of this section, the Agency head is authorized to delegate his powers provided in this section, in

1 See Codification note below.

cluding the making of such determinations and decisions, in his discretion and subject to his direction, to any other officer or officers or officials of the Agency.

(d) Powers not delegable; written findings

The power of the Agency head to make the determinations or decisions specified in paragraphs (12) and (15) of section 2304(a) and section 2307(a) of title 101 shall not be delegable. Each determination or decision required by paragraphs (12) and (15) of section 2304(a), by sections 2306 and 2313, or by section 2307(a) of title 10,1 shall be based upon written findings made by the official making such determinations, which findings shall be final and shall be available within the Agency for a period of at least six years following the date of the determination.

(e) Automatic data processing equipment and services Notwithstanding subsection (e) of section 759 of title 40, the provisions of section 759 of title 40 relating to the procurement of automatic data processing equipment or services shall not apply with respect to such procurement by the Central Intelligence Agency.

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

CODIFICATION

Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.

In subsecs. (a) and (d), references to the appropriate sections of title 10 were substituted for references to sections 2(c)(1) to (6), (10), (12), (15), (17), 3, 4, 5, 6, and 10 of the Armed Services Procurement Act of 1947 (Public Law 413, 80th Congress), on authority of section 49(b) of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, section 1 of which enacted Title 10, Armed Forces. Prior to the enactment of Title 10, sections 2 to 6 and 10 of the Armed Services Procurement Act of 1947 were classified to sections 151 to 155 and 159 of Title 41, Public Contracts. Cited sections of the Act were restated in sections of Title 10 as follows:

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