50 USC 3506: General authorities

50 USC 3506: General authorities Text contains those laws in effect on November 20, 2024

From Title 50-WAR AND NATIONAL DEFENSECHAPTER 46-CENTRAL INTELLIGENCE AGENCY

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§3506. General authorities

(a) In general

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 section 3036 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 this chapter 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-

(A) the training of Agency personnel and other authorized persons in the use of firearms;

(B) the protection of classified materials and information;

(D) the protection of-

(i) current and former Agency personnel and their immediate families;

(ii) individuals nominated by the President to the position of Director (including with respect to an individual whom a President-elect (as defined in section 3(c) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) has declared an intent to nominate) and their immediate families; and

(iii) defectors and their immediate families, and other persons in the United States under Agency auspices; and

(E) with respect to the Office of the Director of National Intelligence, the protection of-

(i) installations and property of the Office of the Director of National Intelligence;

(ii) the Director of National Intelligence and the immediate family of the Director;

(iii) current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate; and

(iv) individuals nominated by the President to the position of Director of National Intelligence (including with respect to an individual whom a President-elect has declared an intent to nominate) and their immediate families;

(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;

(7) Notwithstanding section 1341(a)(1) of title 31, enter into multiyear leases for up to 15 years; and

(8) Upon the approval of the Director, provide, during any fiscal year, with or without reimbursement, subsistence to any personnel assigned to an overseas location designated by the Agency as an austere location.

(b) Scope of authority for expenditure

(1) The authority to enter into a multiyear lease under subsection (a)(7) 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.

(c) Transfers for acquisition of land

(1) Sums appropriated or otherwise made available to the Agency for the acquisition of land that are transferred to another department or agency for that purpose shall remain available for 3 years.

(2) The Director 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 transfer of sums described in paragraph (1) each time that authority is exercised.

(June 20, 1949, ch. 227, §5, formerly §6, 63 Stat. 211 ; June 26, 1951, ch. 151, 65 Stat. 89 ; renumbered §5, Pub. L. 85–507, §21(b)(2), July 7, 1958, 72 Stat. 337 ; amended Pub. L. 88–448, title IV, §402(a)(28), Aug. 19, 1964, 78 Stat. 494 ; Pub. L. 97–89, title V, §502, Dec. 4, 1981, 95 Stat. 1153 ; Pub. L. 98–215, title IV, §401, Dec. 9, 1983, 97 Stat. 1477 ; Pub. L. 103–178, title V, §501(1), Dec. 3, 1993, 107 Stat. 2038 ; Pub. L. 105–107, title IV, §401(a), Nov. 20, 1997, 111 Stat. 2257 ; Pub. L. 105–272, title IV, §§401, 403(a)(1), Oct. 20, 1998, 112 Stat. 2403 , 2404; Pub. L. 106–567, title IV, §405(a), (b), Dec. 27, 2000, 114 Stat. 2849 ; Pub. L. 107–306, title VIII, §841(c), Nov. 27, 2002, 116 Stat. 2431 ; Pub. L. 108–177, title III, §377(b)(1), Dec. 13, 2003, 117 Stat. 2630 ; Pub. L. 111–259, title IV, §421, title VIII, §802(1), Oct. 7, 2010, 124 Stat. 2727 , 2746; Pub. L. 116–92, div. E, title LXIV, §§6401, 6411, Dec. 20, 2019, 133 Stat. 2195 , 2196; Pub. L. 117–263, div. F, title LXIII, §6303(b), title LXIV, §6414(a), (c), Dec. 23, 2022, 136 Stat. 3503 , 3527, 3528.)

Editorial Notes

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, §5(b), Sept. 13, 1982, 96 Stat. 1084 , the first section of which enacted Title 31, Money and Finance.

Section 3(c) of the Presidential Transition Act of 1963, referred to in subsec. (a)(4)(D)(ii), is section 3(c) of Pub. L. 88–277, which is set out in a note under section 102 of Title 3, The President.

Codification

Section was formerly classified to section 403f of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Prior Provisions

A prior section 5 of act June 20, 1949, was renumbered section 4 and is classified to section 3505 of this title.

Amendments

2022-Subsec. (a)(4). Pub. L. 117–263, §6414(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "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 and Office of the Director of National Intelligence installations and property, 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, and the protection of the Director of National Intelligence and current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;".

Pub. L. 117–263, §6303(b), inserted "and Office of the Director of National Intelligence" after "protection of Agency".

Subsec. (a)(7), (8). Pub. L. 117–263, §6414(c), realigned margins.

2019-Subsec. (a)(1). Pub. L. 116–92, §6411(1), substituted "section 3036 of this title," for "section 3036 of this title.,".

Subsec. (a)(4). Pub. L. 116–92, §6401, substituted "current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;" for "such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate;".

Subsec. (a)(8). Pub. L. 116–92, §6411(2)–(4), added par. (8).

2010-Subsec. (a)(1). Pub. L. 111–259, §802(1), substituted "authorized under section 403–4a of this title." for "authorized under paragraphs (2) and (3) of section 403(a) of this title, subsections (c)(7) 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".

Subsec. (a)(4). Pub. L. 111–259, §421, substituted "the protection of current" for "and the protection of current" and inserted ", and the protection of the Director of National Intelligence and such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate" before the semicolon.

2003-Subsec. (a)(1). Pub. L. 108–177 substituted "(c)(7)" for "(c)(6)".

2002-Subsec. (c)(2). Pub. L. 107–306 substituted "a report on the transfer of sums described in paragraph (1) each time that authority is exercised." for "an annual report on the transfers of sums described in paragraph (1)."

2000-Pub. L. 106–567 added subsec. (a) and (b) headings and subsec. (c).

1998-Subsec. (a)(1). Pub. L. 105–272, §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, §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).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–567, title IV, §405(c), Dec. 27, 2000, 114 Stat. 2849 , provided that: "Subsection (c) of section 5 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3506(c)], as added by subsection (a) of this section, shall apply with respect to amounts appropriated or otherwise made available for the Central Intelligence Agency for fiscal years after fiscal year 2000."

Effective Date of 1997 Amendment

Pub. L. 105–107, title IV, §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, title IV, Aug. 19, 1964, 78 Stat. 496 .

Historical Advisory Panel of Central Intelligence Agency

Pub. L. 117–263, div. F, title LXIV, §6413, Dec. 23, 2022, 136 Stat. 3527 , provided that:

"(a) Sense of Congress.-It is the sense of Congress that Congress expresses its appreciation-

"(1) to the Director of the Central Intelligence Agency for reconstituting the Historical Advisory Panel; and

"(2) for the important work of the Historical Advisory Panel, especially for-

"(A) the efforts of the Panel to aid with the declassification of materials that enrich the historical national security record; and

"(B) the assistance of the Panel in liaison with the scholarly community.

"(b) Reporting Requirement.-The Historical Advisory Panel shall report directly to the Director of the Central Intelligence Agency.

"(c) Historical Advisory Panel Defined.-The term 'Historical Advisory Panel' means the panel of the Central Intelligence Agency, regardless of the name of the panel, that assists in conducting declassification reviews and providing other assistance with respect to matters of historical interest."

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

Pub. L. 118–47, div. A, title VIII, §8050(b), Mar. 23, 2024, 138 Stat. 496 , provided that: "None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or 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. 117–328, div. C, title VIII, §8051(b), Dec. 29, 2022, 136 Stat. 4599 .

Pub. L. 117–103, div. C, title VIII, §8052(b), Mar. 15, 2022, 136 Stat. 188 .

Pub. L. 116–260, div. C, title VIII, §8047(b), Dec. 27, 2020, 134 Stat. 1316 .

Pub. L. 116–93, div. A, title VIII, §8047(b), Dec. 20, 2019, 133 Stat. 2348 .

Pub. L. 115–245, div. A, title VIII, §8045(b), Sept. 28, 2018, 132 Stat. 3012 .

Pub. L. 115–141, div. C, title VIII, §8045(b), Mar. 23, 2018, 132 Stat. 475 .

Pub. L. 115–31, div. C, title VIII, §8047(b), May 5, 2017, 131 Stat. 259 .

Pub. L. 114–113, div. C, title VIII, §8046(b), Dec. 18, 2015, 129 Stat. 2362 .

Pub. L. 113–235, div. C, title VIII, §8045(b), Dec. 16, 2014, 128 Stat. 2264 .

Pub. L. 113–76, div. C, title VIII, §8045(b), Jan. 17, 2014, 128 Stat. 115 .

Pub. L. 113–6, div. C, title VIII, §8045(b), Mar. 26, 2013, 127 Stat. 308 .