50 U.S.C. § 3506 | General authorities

(a)

In general

In the performance of its functions, the Central Intelligence Agency is authorized to—

(1)

section 3036 of this title 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 , 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;

(C)

the protection of installations and property of the Agency;

(D)

the protection of—

(i)

current and former Agency personnel and their immediate families;

(ii)

3 U.S.C. 102 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 ( 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)

section 1341(a)(1) of title 31 Notwithstanding , 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)

section 622(2) of title 2 such lease shall include a clause that provides that the contract shall be terminated if budget authority (as defined by ) is not provided specifically for that project in an appropriations Act in advance of an obligation of funds in respect thereto;

(B)

section 1552 of title 31 notwithstanding , 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 63 Stat. 211 June 26, 1951, ch. 151 65 Stat. 89 Pub. L. 85–507, § 21(b)(2)July 7, 195872 Stat. 337 Pub. L. 88–448, title IV, § 402(a)(28)Aug. 19, 196478 Stat. 494 Pub. L. 97–89, title V, § 502Dec. 4, 198195 Stat. 1153 Pub. L. 98–215, title IV, § 401Dec. 9, 198397 Stat. 1477 Pub. L. 103–178, title V, § 501(1)Dec. 3, 1993107 Stat. 2038 Pub. L. 105–107, title IV, § 401(a)Nov. 20, 1997111 Stat. 2257 Pub. L. 105–272, title IVOct. 20, 1998112 Stat. 2403 Pub. L. 106–567, title IV, § 405(a)Dec. 27, 2000114 Stat. 2849 Pub. L. 107–306, title VIII, § 841(c)Nov. 27, 2002116 Stat. 2431 Pub. L. 108–177, title III, § 377(b)(1)Dec. 13, 2003117 Stat. 2630 Pub. L. 111–259, title IV, § 421Oct. 7, 2010124 Stat. 2727 Pub. L. 116–92, div. E, title LXIVDec. 20, 2019133 Stat. 2195 Pub. L. 117–263, div. F, title LXIII, § 6303(b)Dec. 23, 2022136 Stat. 3503(, formerly § 6, ; , ; renumbered § 5, , , ; amended , , ; , , ; , , ; , , ; , , ; , §§ 401, 403(a)(1), , , 2404; , (b), , ; , , ; , , ; , title VIII, § 802(1), , , 2746; , §§ 6401, 6411, , , 2196; , title LXIV, § 6414(a), (c), , , 3527, 3528.)

Editorial Notes

References in Text

Pub. L. 97–258, § 5(b)Sept. 13, 198296 Stat. 1084Section 3651 of the Revised Statutes, referred to in subsec. (a)(2), was classified to section 543 of former Title 31, and was repealed by , , , the first section of which enacted Title 31, Money and Finance.

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

Codification

section 403f of this titleSection was formerly classified to 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

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

Amendments

Pub. L. 117–263, § 6414(a)2022—Subsec. (a)(4). , 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”.

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

Pub. L. 116–92, § 6411(1)section 3036 of this title section 3036 of this title2019—Subsec. (a)(1). , substituted “,” for “.,”.

Pub. L. 116–92, § 6401Subsec. (a)(4). , 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;”.

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

Pub. L. 111–259, § 802(1)section 403–4a of this title section 403(a) of this title section 403–3 of this title section 403–4 of this title section 405 of this title2010—Subsec. (a)(1). , substituted “authorized under .” for “authorized under paragraphs (2) and (3) of , subsections (c)(7) and (d) of , subsections (a) and (g) of , and ”.

Pub. L. 111–259, § 421Subsec. (a)(4). , 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.

Pub. L. 108–1772003—Subsec. (a)(1). substituted “(c)(7)” for “(c)(6)”.

Pub. L. 107–3062002—Subsec. (c)(2). 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).”

Pub. L. 106–5672000— added subsec. (a) and (b) headings and subsec. (c).

Pub. L. 105–272, § 403(a)(1)1998—Subsec. (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.

Pub. L. 105–272, § 401Subsec. (a)(4). , 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,”.

Pub. L. 105–107June 30, 1932Provided1997— 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 , as amended: , 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).

Pub. L. 103–178 section 403(a)(2) of this title section 403–3 of this title section 403–4 of this title section 405 of this title1993—Subsec. (a). substituted “Office of Management and Budget” for “Bureau of the Budget” and “subparagraphs (B) and (C) of , subsections (c)(5) and (d) of , subsections (a) and (g) of , and ” for “sections 403 and 405 of this title”.

Pub. L. 98–2151983—Subsec. (f). added subsec. (f).

Pub. L. 97–891981—Subsec. (d). 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;”.

Pub. L. 88–4481964—Subsec. (f). 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.

June 26, 19511951—Subsec. (f). Act , added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–567, title IV, § 405(c)Dec. 27, 2000114 Stat. 2849

50 U.S.C. 3506(c)“Subsection (c) of section 5 of the Central Intelligence Agency Act of 1949 [], 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.”

, , , provided that:

Effective Date of 1997 Amendment

Pub. L. 105–107, title IV, § 401(b)Nov. 20, 1997111 Stat. 2257

October 1, 1997“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 .”

, , , provided that:

Effective Date of 1981 Amendment

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

Effective Date of 1964 Amendment

Pub. L. 88–448Aug. 19, 1964section 403 of Pub. L. 88–448Aug. 19, 196478 Stat. 496Amendment by effective on first day of first month which begins later than the ninetieth day following , see , title IV, , .

Historical Advisory Panel of Central Intelligence Agency

Pub. L. 117–263, div. F, title LXIV, § 6413Dec. 23, 2022136 Stat. 3527

“(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.”

, , , provided that:

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, 2024138 Stat. 496

“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.”

, , , provided that:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 117–328, div. C, title VIII, § 8051(b)Dec. 29, 2022136 Stat. 4599, , .

Pub. L. 117–103, div. C, title VIII, § 8052(b)Mar. 15, 2022136 Stat. 188, , .

Pub. L. 116–260, div. C, title VIII, § 8047(b)Dec. 27, 2020134 Stat. 1316, , .

Pub. L. 116–93, div. A, title VIII, § 8047(b)Dec. 20, 2019133 Stat. 2348, , .

Pub. L. 115–245, div. A, title VIII, § 8045(b)Sept. 28, 2018132 Stat. 3012, , .

Pub. L. 115–141, div. C, title VIII, § 8045(b)Mar. 23, 2018132 Stat. 475, , .

Pub. L. 115–31, div. C, title VIII, § 8047(b)May 5, 2017131 Stat. 259, , .

Pub. L. 114–113, div. C, title VIII, § 8046(b)Dec. 18, 2015129 Stat. 2362, , .

Pub. L. 113–235, div. C, title VIII, § 8045(b)Dec. 16, 2014128 Stat. 2264, , .

Pub. L. 113–76, div. C, title VIII, § 8045(b)Jan. 17, 2014128 Stat. 115, , .