
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 405(a),]
[Document affected by Public Law 106-259 Section 8062(b)]
[Document affected by Public Law 106-567 Section 405(c)]
[Document affected by Public Law 107-117 Section 8063(b)]
[CITE: 50USC403f]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY
 
Sec. 403f. General authorities of Agency

    (a) In the performance of its functions, the Central Intelligence 
Agency is authorized to--
        (1) Transfer to and receive from other Government agencies such 
    sums as may be approved by the Office of Management and Budget, for 
    the performance of any of the functions or activities authorized 
    under paragraphs (2) and (3) of section 403(a) of this title, 
    subsections (c)(6) and (d) of section 403-3 of this title, 
    subsections (a) and (g) of section 403-4 of this title, and section 
    405 of this title, and any other Government agency is authorized to 
    transfer to or receive from the Agency such sums without regard to 
    any provisions of law limiting or prohibiting transfers between 
    appropriations. Sums transferred to the Agency in accordance with 
    this paragraph may be expended for the purposes and under the 
    authority of sections 403a to 403s of this title without regard to 
    limitations of appropriations from which transferred;
        (2) Exchange funds without regard to section 3651 of the Revised 
    Statutes;
        (3) Reimburse other Government agencies for services of 
    personnel assigned to the Agency, and such other Government agencies 
    are authorized, without regard to provisions of law to the contrary, 
    so to assign or detail any officer or employee for duty with the 
    Agency;
        (4) Authorize personnel designated by the Director to carry 
    firearms 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 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 current and former Agency personnel and their immediate families, 
    defectors and their immediate families, and other persons in the 
    United States under Agency auspices;
        (5) Make alterations, improvements, and repairs on premises 
    rented by the Agency, and pay rent therefor;
        (6) Determine and fix the minimum and maximum limits of age 
    within which an original appointment may be made to an operational 
    position within the Agency, notwithstanding the provision of any 
    other law, in accordance with such criteria as the Director, in his 
    discretion, may prescribe; and
        (7) Notwithstanding section 1341(a)(1) of title 31, enter into 
    multiyear leases for up to 15 years.

    (b)(1) The authority to enter into a multiyear lease under 
subsection (a)(7) of this section shall be subject to appropriations 
provided in advance for--
        (A) the entire lease; or
        (B) the first 12 months of the lease and the Government's 
    estimated termination liability.

    (2) In the case of any such lease entered into under subparagraph 
(B) of paragraph (1)--
        (A) such lease shall include a clause that provides that the 
    contract shall be terminated if budget authority (as defined by 
    section 622(2) of title 2) is not provided specifically for that 
    project in an appropriations Act in advance of an obligation of 
    funds in respect thereto;
        (B) notwithstanding section 1552 of title 31, amounts obligated 
    for paying termination costs with respect to such lease shall remain 
    available until the costs associated with termination of such lease 
    are paid;
        (C) funds available for termination liability shall remain 
    available to satisfy rental obligations with respect to such lease 
    in subsequent fiscal years in the event such lease is not terminated 
    early, but only to the extent those funds are in excess of the 
    amount of termination liability at the time of their use to satisfy 
    such rental obligations; and
        (D) funds appropriated for a fiscal year may be used to make 
    payments on such lease, for a maximum of 12 months, beginning any 
    time during such fiscal year.

(June 20, 1949, ch. 227, Sec. 5, formerly Sec. 6, 63 Stat. 211; June 26, 
1951, ch. 151, 65 Stat. 89; renumbered Sec. 5, Pub. L. 85-507, 
Sec. 21(b)(2), July 7, 1958, 72 Stat. 337; amended Pub. L. 88-448, title 
IV, Sec. 402(a)(28), Aug. 19, 1964, 78 Stat. 494; Pub. L. 97-89, title 
V, Sec. 502, Dec. 4, 1981, 95 Stat. 1153; Pub. L. 98-215, title IV, 
Sec. 401, Dec. 9, 1983, 97 Stat. 1477; Pub. L. 103-178, title V, 
Sec. 501(1), Dec. 3, 1993, 107 Stat. 2038; Pub. L. 105-107, title IV, 
Sec. 401(a), Nov. 20, 1997, 111 Stat. 2257; Pub. L. 105-272, title IV, 
Secs. 401, 403(a)(1), Oct. 20, 1998, 112 Stat. 2403, 2404.)

                       References in Text

    Section 3651 of the Revised Statutes, referred to in subsec. (a)(2), 
was classified to section 543 of former Title 31, and was repealed by 
Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1084, the first 
section of which enacted Title 31, Money and Finance.

                          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

    1998--Subsec. (a)(1). Pub. L. 105-272, Sec. 403(a)(1), substituted 
``paragraphs (2) and (3) of section 403(a)'' for ``subparagraphs (B) and 
(C) of section 403(a)(2)'' and ``(c)(6)'' for ``(c)(5)'' and made 
technical amendments to references in original act which appear in text 
as references to sections 403, 403-3, 403-4 of this title.
    Subsec. (a)(4). Pub. L. 105-272, Sec. 401, substituted ``and the 
protection of current and former Agency personnel and their immediate 
families, defectors and their immediate families,'' for ``and the 
protection of Agency personnel and of defectors, their families,''.
    1997--Pub. L. 105-107 designated existing provisions as subsec. (a), 
redesignated former subsecs. (a) to (f) as pars. (1) to (6), 
respectively, of subsec. (a), in par. (5) substituted semicolon for 
``without regard to limitations on expenditures contained in the Act of 
June 30, 1932, as amended: 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 activities; and'', and added par. (7) and subsec. (b).
    1993--Subsec. (a). Pub. L. 103-178 substituted ``Office of 
Management and Budget'' for ``Bureau of the Budget'' and ``subparagraphs 
(B) and (C) of section 403(a)(2) of this title, subsections (c)(5) and 
(d) of section 403-3 of this title, subsections (a) and (g) of section 
403-4 of this title, and section 405 of this title'' for ``sections 403 
and 405 of this title''.
    1983--Subsec. (f). Pub. L. 98-215 added subsec. (f).
    1981--Subsec. (d). Pub. L. 97-89 substituted ``Authorize personnel 
designated by the Director to carry firearms 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 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; and'' for 
``Authorize couriers and guards designated by the Director to carry 
firearms when engaged in transportation of confidential documents and 
materials affecting the national defense and security;''.
    1964--Subsec. (f). Pub. L. 88-448 repealed subsec. (f) which 
authorized employment of not more than fifteen retired officers who must 
elect between civilian salary and retired pay. See section 3101 et seq. 
of Title 5, Government Organization and Employees.
    1951--Subsec. (f). Act June 26, 1951, added subsec. (f).


                    Effective Date of 1997 Amendment

    Pub. L. 105-107, title IV, Sec. 401(b), Nov. 20, 1997, 111 Stat. 
2257, provided that: ``The amendments made by subsection (a) [amending 
this section] apply to multiyear leases entered into under section 5 of 
the Central Intelligence Agency Act of 1949 [this section], as so 
amended, on or after October 1, 1997.''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section 806 
of Pub. L. 97-89, set out as an Effective Date note under section 1621 
of Title 10, Armed Forces.


                    Effective Date of 1964 Amendment

    Amendment by Pub. L. 88-448 effective on first day of first month 
which begins later than the ninetieth day following Aug. 19, 1964, see 
section 403 of Pub. L. 88-448.


   Restriction on Transfer of Funds Available to Central Intelligence 
        Agency for Drug Interdiction and Counter-Drug Activities

    Pub. L. 106-79, title VIII, Sec. 8065(b), Oct. 25, 1999, 113 Stat. 
1244, provided that: ``None of the funds available to the Central 
Intelligence Agency for any fiscal year for drug interdiction and 
counter-drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 105-262, title VIII, Sec. 8065(b), Oct. 17, 1998, 112 Stat. 
2312.
    Pub. L. 105-56, title VIII, Sec. 8071(b), Oct. 8, 1997, 111 Stat. 
1235.
    Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, 
Sec. 8080(b)], Sept. 30, 1996, 110 Stat. 3009-71, 3009-104.
    Pub. L. 104-61, title VIII, Sec. 8096(b), Dec. 1, 1995, 109 Stat. 
671.
    Pub. L. 103-335, title VIII, Sec. 8154(b), Sept. 30, 1994, 108 Stat. 
2658.

                  Section Referred to in Other Sections

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