
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 401]
[Document affected by Public Law 107-108 Section 401]
[Document affected by Public Law 106-259 Section 8045]
[Document affected by Public Law 107-117 Section 8045]
[CITE: 50USC403u]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY
 
Sec. 403u. Central services program


(a) In general

    The Director may carry out a program under which elements of the 
Agency provide items and services on a reimbursable basis to other 
elements of the Agency, nonappropriated fund entities or 
instrumentalities associated or affiliated with the Agency, and other 
Government agencies. The Director shall carry out the program in 
accordance with the provisions of this section.

(b) Participation of Agency elements

    (1) In order to carry out the program, the Director shall--
        (A) designate the elements of the Agency that are to provide 
    items or services under the program (in this section referred to as 
    ``central service providers'');
        (B) specify the items or services to be provided under the 
    program by such providers; and
        (C) assign to such providers for purposes of the program such 
    inventories, equipment, and other assets (including equipment on 
    order) as the Director determines necessary to permit such providers 
    to provide items or services under the program.

    (2) The designation of elements and the specification of items and 
services under paragraph (1) shall be subject to the approval of the 
Director of the Office of Management and Budget.

(c) Central Services Working Capital Fund

    (1) There is established a fund to be known as the Central Services 
Working Capital Fund (in this section referred to as the ``Fund''). The 
purpose of the Fund is to provide sums for activities under the program.
    (2) There shall be deposited in the Fund the following:
        (A) Amounts appropriated to the Fund.
        (B) Amounts credited to the Fund from payments received by 
    central service providers under subsection (e) of this section.
        (C) Fees imposed and collected under subsection (f)(1) of this 
    section.
        (D) Amounts received in payment for loss or damage to equipment 
    or property of a central service provider as a result of activities 
    under the program.
        (E) Other receipts from the sale or exchange of equipment or 
    property of a central service provider as a result of activities 
    under the program.
        (F) Such other amounts as the Director is authorized to deposit 
    in or transfer to the Fund.

    (3) Amounts in the Fund shall be available, without fiscal year 
limitation, for the following purposes:
        (A) To pay the costs of providing items or services under the 
    program.
        (B) To pay the costs of carrying out activities under subsection 
    (f)(2) of this section.

(d) Limitation on amount of orders

    The total value of all orders for items or services to be provided 
under the program in any fiscal year may not exceed an amount specified 
in advance by the Director of the Office of Management and Budget.

(e) Payment for items and services

    (1) A Government agency provided items or services under the program 
shall pay the central service provider concerned for such items or 
services an amount equal to the costs incurred by the provider in 
providing such items or services plus any fee imposed under subsection 
(f) of this section. In calculating such costs, the Director shall take 
into account personnel costs (including costs associated with salaries, 
annual leave, and workers' compensation), plant and equipment costs 
(including depreciation of plant and equipment), operation and 
maintenance expenses, amortized costs, and other expenses.
    (2) Payment for items or services under paragraph (1) may take the 
form of an advanced payment by an agency from appropriations available 
to such agency for the procurement of such items or services.

(f) Fees

    (1) The Director may permit a central service provider to impose and 
collect a fee with respect to the provision of an item or service under 
the program. The amount of the fee may not exceed an amount equal to 
four percent of the payment received by the provider for the item or 
service.
    (2)(A) Subject to subparagraph (B), the Director may obligate and 
expend amounts in the Fund that are attributable to the fees imposed and 
collected under paragraph (1) to acquire equipment or systems for, or to 
improve the equipment or systems of, central service providers and any 
elements of the Agency that are not designated for participation in the 
program in order to facilitate the designation of such elements for 
future participation in the program.
    (B) The Director may not expend amounts in the Fund for purposes 
specified in subparagraph (A) in fiscal year 1998, 1999, or 2000 unless 
the Director--
        (i) secures the prior approval of the Director of the Office of 
    Management and Budget; and
        (ii) submits notice of the proposed expenditure to the Permanent 
    Select Committee on Intelligence of the House of Representatives and 
    the Select Committee on Intelligence of the Senate.

(g) Audit

    (1) Not later than December 31 each year, the Inspector General of 
the Central Intelligence Agency shall conduct an audit of the activities 
under the program during the preceding fiscal year.
    (2) The Director of the Office of Management and Budget shall 
determine the form and content of annual audits under paragraph (1). 
Such audits shall include an itemized accounting of the items or 
services provided, the costs associated with the items or services 
provided, the payments and any fees received for the items or services 
provided, and the agencies provided items or services.
    (3) Not later than 30 days after the completion of an audit under 
paragraph (1), the Inspector General shall submit a copy of the audit to 
the following:
        (A) The Director of the Office of Management and Budget.
        (B) The Director of Central Intelligence.
        (C) The Permanent Select Committee on Intelligence of the House 
    of Representatives.
        (D) The Select Committee on Intelligence of the Senate.

(h) Termination

    (1) The authority of the Director to carry out the program under 
this section shall terminate on March 31, 2002.
    (2) Subject to paragraph (3), the Director of Central Intelligence 
and the Director of the Office of Management and Budget, acting 
jointly--
        (A) may terminate the program under this section and the Fund at 
    any time; and
        (B) upon such termination, shall provide for the disposition of 
    the personnel, assets, liabilities, grants, contracts, property, 
    records, and unexpended balances of appropriations, authorizations, 
    allocations, and other funds held, used, arising from, available to, 
    or to be made available in connection with the program or the Fund.

    (3) The Director of Central Intelligence and the Director of the 
Office of Management and Budget may not undertake any action under 
paragraph (2) until 60 days after the date on which the Directors 
jointly submit notice of such action to the Permanent Select Committee 
on Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate.

(June 20, 1949, ch. 227, Sec. 21, as added Pub. L. 105-107, title IV, 
Sec. 403(a), Nov. 20, 1997, 111 Stat. 2258; amended Pub. L. 106-120, 
title IV, Sec. 401, Dec. 3, 1999, 113 Stat. 1615.)


                               Amendments

    1999--Subsec. (a). Pub. L. 106-120, Sec. 401(a), substituted ``, 
nonappropriated fund entities or instrumentalities associated or 
affiliated with the Agency, and other'' for ``and to other''.
    Subsec. (c)(2)(D). Pub. L. 106-120, Sec. 401(b)(1), amended subpar. 
(D) generally. Prior to amendment, subpar. (D) read as follows: 
``Amounts collected in payment for loss or damage to equipment or other 
property of a central service provider as a result of activities under 
the program.''
    Subsec. (c)(2)(E), (F). Pub. L. 106-120, Sec. 401(b)(2), (3), added 
subpar. (E) and redesignated former subpar. (E) as (F).
    Subsec. (f)(2)(A). Pub. L. 106-120, Sec. 401(c), inserted ``central 
service providers and any'' before ``elements of the Agency''.
    Subsec. (h)(1). Pub. L. 106-120, Sec. 401(d), substituted ``2002'' 
for ``2000''.


 Availability of Funds Credited to Central Services Working Capital Fund

    Pub. L. 106-79, title VIII, Sec. 8048, Oct. 25, 1999, 113 Stat. 
1241, provided in part: ``That funds appropriated, transferred, or 
otherwise credited to the Central Intelligence Agency Central Services 
Working Capital Fund during this or any prior or subsequent fiscal year 
shall remain available until expended.''
    Similar provisions were contained in the following prior 
appropriation act:
    Pub. L. 105-262, title VIII, Sec. 8048, Oct. 17, 1998, 112 Stat. 
2307.
