
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-567 Section 105]
[Document affected by Public Law 107-108 Section 402]
[CITE: 50USC403-4]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY
 
Sec. 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.

(c) Role of DCI in reprogramming

    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. The 
Secretary of Defense shall consult with the Director of Central 
Intelligence before reprogramming funds made available under the Joint 
Military Intelligence Program.

(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 
Intelligence 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 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the 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, Sec. 104, as added Pub. L. 102-496, 
title VII, Sec. 705(a)(3), Oct. 24, 1992, 106 Stat. 3192; amended Pub. 
L. 104-106, div. A, title XV, Sec. 1502(f)(5), Feb. 10, 1996, 110 Stat. 
510; Pub. L. 104-293, title VIII, Sec. 807(b), Oct. 11, 1996, 110 Stat. 
3480; Pub. L. 106-65, div. A, title X, Sec. 1067(16), Oct. 5, 1999, 113 
Stat. 775.)


                            Prior Provisions

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


                               Amendments

    1999--Subsec. (d)(5). Pub. L. 106-65 substituted ``and the Committee 
on Armed Services'' for ``and the Committee on National Security''.
    1996--Subsec. (c). Pub. L. 104-293 inserted at end ``The Secretary 
of Defense shall consult with the Director of Central Intelligence 
before reprogramming funds made available under the Joint Military 
Intelligence Program.''
    Subsec. (d)(5). Pub. L. 104-106 substituted ``Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives'' for ``Committees on Armed Services of the 
Senate and House of Representatives''.


                      Post-Employment Restrictions

    Section 402 of Pub. L. 104-293 provided that:
    ``(a) In General.--Not later than 90 days after the date of 
enactment of this Act [Oct. 11, 1996], the Director of Central 
Intelligence shall prescribe regulations requiring each employee of the 
Central Intelligence Agency designated by the Director for such purpose 
to sign a written agreement restricting the activities of the employee 
upon ceasing employment with the Central Intelligence Agency. The 
Director may designate a group or class of employees for such purpose.
    ``(b) Agreement Elements.--The regulations shall provide that an 
agreement contain provisions specifying that the employee concerned not 
represent or advise the government, or any political party, of any 
foreign country during the three-year period beginning on the cessation 
of the employee's employment with the Central Intelligence Agency unless 
the Director determines that such representation or advice would be in 
the best interests of the United States.
    ``(c) Disciplinary Actions.--The regulations shall specify 
appropriate disciplinary actions (including loss of retirement benefits) 
to be taken against any employee determined by the Director of Central 
Intelligence to have violated the agreement of the employee under this 
section.''


           Personnel, Training, and Administrative Activities

    Section 807(e) of Pub. L. 104-293 provided that: ``Not later than 
January 31 of each year through 1999, the Director of Central 
Intelligence shall submit to the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of the House 
of Representatives a report on the policies and programs the Director 
has instituted under subsection (f) of section 104 of the National 
Security Act of 1947 [50 U.S.C. 403-4(f)].''


      Separation Pay Program for Voluntary Separation From Service

    Pub. L. 103-36, Sec. 2, June 8, 1993, 107 Stat. 104, as amended by 
Pub. L. 103-226, Sec. 8(b), Mar. 30, 1994, 108 Stat. 118; Pub. L. 104-
93, title IV, Sec. 401, Jan. 6, 1996, 109 Stat. 968; Pub. L. 104-293, 
title IV, Sec. 401, Oct. 11, 1996, 110 Stat. 3468; Pub. L. 106-120, 
title IV, Sec. 402, Dec. 3, 1999, 113 Stat. 1616, 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, 2002.
    ``(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.
    ``(i) Remittance of Funds.--The Director shall remit to the Office 
of Personnel Management for deposit in the Treasury of the United States 
to the credit of the Civil Service Retirement and Disability Fund (in 
addition to any other payments which the Director is required to make 
under subchapter III of chapter 83 and subchapter II of chapter 84 of 
title 5, United States Code), an amount equal to 15 percent of the final 
basic pay of each employee who, in fiscal year 1998, 1999, 2000, 2001, 
or 2002, retires voluntarily under section 8336, 8412, or 8414 of such 
title or resigns and to whom a voluntary separation incentive payment 
has been or is to be paid under this section. The remittance required by 
this subsection shall be in lieu of any remittance required by section 
4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 
note).''

                  Section Referred to in Other Sections

    This section is referred to in sections 403-5, 403f, 411 of this 
title; title 21 section 1703.
