I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:59:27. Database: USCODE Search: (50:CITE) ------DocID 55939 Document 1 of 1268------ -CITE- 50 USC TITLE 50 -EXPCITE- TITLE 50 -HEAD- TITLE 50 - WAR AND NATIONAL DEFENSE -MISC1- Chap. Sec. 1. Council of National Defense 1 2. Board of Ordnance and Fortification (Repealed) 11 3. Alien Enemies 21 4. Espionage (Repealed or Transferred) 31 4A. Photographing, Sketching, Mapping, etc., Defensive Installations (Repealed) 45 4B. Disclosure of Classified Information (Repealed) 46 4C. Atomic Weapons and Special Nuclear Materials Information Rewards 47a 5. Arsenals, Armories, Arms, and War Material Generally 51 6. Willful Destruction, etc., of War or National-Defense Material (Repealed) 101 7. Interference with Homing Pigeons Owned by United States (Repealed) 111 8. Explosives; Manufacture, Distribution, Storage, Use, and Possession Regulated (Repealed) 121 9. Aircraft (Omitted, Repealed, or Transferred) 151 10. Helium Gas 161 11. Acquisition of and Expenditures on Land for National-Defense Purposes (Repealed, Omitted, or Transferred) 171 12. Vessels in Territorial Waters of United States 191 13. Insurrection 201 14. Wartime Voting by Land and Naval Forces (Repealed) 301 15. National Security 401 16. Defense Industrial Reserves 451 17. Arming American Vessels (Repealed) 481 18. Air-Warning Screen 491 19. Guided Missiles 501 20. Wind Tunnels 511 21. Abaca Production (Omitted) 541 22. Uniform Code of Military Justice (Repealed or Omitted) 551 22A. Representation of Armed Forces Personnel Before Foreign Judicial Tribunals (Repealed) 751 23. Internal Security 781 24. National Defense Facilities (Repealed) 881 25. Armed Forces Reserve (Repealed or Omitted) 901 26. Gifts for Defense Purposes (Repealed) 1151 27. Reserve Officer Personnel Program (Repealed or Omitted) 1181 28. Status of Armed Forces Personnel Appointed to Service Academies (Repealed) 1411 29. National Defense Contracts 1431 30. Federal Absentee Voting Assistance (Transferred) 1451 31. Advisory Commission on Intergovernmental Relations (Transferred) 1501 32. Chemical and Biological Warfare Program 1511 33. War Powers Resolution 1541 34. National Emergencies 1601 35. International Emergency Economic Powers 1701 36. Foreign Intelligence Surveillance 1801 RATIFICATION OF JAPANESE TREATY The Treaty of Peace with Japan, signed at San Francisco on Sept. 8, 1951, was ratified by the United States Senate on Mar. 20, 1952. For Resolution of Ratification, see Congressional Record, Vol. 98, No. 46, Thursday, Mar. 20, 1952, p. 2634. According to Proc. No. 2974, eff. Apr. 29, 1952, 17 F.R. 3813, 66 Stat. c31, terminating the national emergencies proclaimed on September 8, 1939, and May 27, 1941, and set out as a note preceding section 1 of the Appendix to this title, such treaty came into force on Apr. 28, 1952. -CROSS- CROSS REFERENCES Establishment of the National Security Council and the Central Intelligence Agency, see section 401 et seq. of this title. Lease of buildings in time of war, see sections 4780 and 9780 of Title 10, Armed Forces. Proclamations, etc., respecting war and neutrality, see notes preceding section 1 of Appendix to this title. ------DocID 10455 Document 2 of 1268------ -CITE- 7 USC CHAPTER 50 -EXPCITE- TITLE 7 CHAPTER 50 -HEAD- CHAPTER 50 - AGRICULTURAL CREDIT -MISC1- Sec. 1921. Congressional findings. SUBCHAPTER I - REAL ESTATE LOANS 1922. Persons eligible for loans. 1923. Purposes of loans. (a) Preferences. (b) Definitions. 1924. Additional purposes of loans. (a) Land and water development, use, and conservation financing. (b) Rural enterprise financing. (c) Waste pollution abatement facilities financing. (d) Soil and water conservation and protection. 1925. Limitation on amount of loan. 1926. Water and waste facility loans and grants. (a) Criteria; definitions; limitation on allowable uses of Federal funds; inclusion of interest or other income in gross income on sale of insured loan. (b) Curtailment or limitation of service prohibited. (c) Repealed. (d) Carryover of unused authorizations for appropriations. 1926-1. Water and waste facility financing. (a) Authority. (b) Limitation. (c) Priority. (d) Coordination. (e) Terms. (f) Private sector capital. (g) Appropriations. (h) Repayment. (i) Full use. (j) Replenishment of water and waste facility fund. 1926a. Emergency community water assistance grant program. (a) In general. (b) Priority. (c) Eligibility. (d) Uses. (e) Restrictions. (f) Maximum grants. (g) Full funding. (h) Application. (i) Authorization of appropriations. 1926b. Emergency community water assistance grant program. (a) In general. (b) Priority. (c) Eligibility. (d) Uses. (e) Restrictions. (f) Maximum grants. (g) Full funding. (h) Application. (i) Limitations on authorization of appropriations. 1926c. Water and waste facility loans and grants to alleviate health risks. (a) Loans and grants to persons other than individuals. (b) Loans and grants to individuals. (c) Preference. (d) 'Cooperative' defined. (e) Limitations on authorization of appropriations. 1927. Repayment requirements. (a) Period of repayment; interest rates. (b) Payment of charges; prepayment of taxes and insurance. (c) Mortgages, liens, and other security. (d) Mineral rights as collateral. (e) Additional collateral. 1927a. Loan interest rates charged by Farmers Home Administration; grant funds associated with loans. 1928. Insurance of loans, servicing and purchase of loans; retention of charges out of payments; full faith and credit of United States; incontestability. 1929. Agricultural Credit Insurance Fund. (a) Revolving fund. (b) Deposits of funds; investments; purchase of notes. (c) Notes; form and denominations; maturities; terms and conditions; interest rate; purchase by Treasury; public debt transaction. (d) Notes and security as part of fund; collection or sale of notes; deposit of net proceeds in fund. (e) Deposit in fund of portion of charge on outstanding principal obligations; availability of remainder of charge, and merger with appropriations, for administrative expenses. (f) Utilization of fund. (g) Transfer of funds from Farmers Home Administration direct loan account and Emergency Credit Revolving Fund; abolition of such account and fund; payments from Agricultural Credit Insurance Fund; interest. (h) Guaranteed loans. 1929a. Rural Development Insurance Fund (a) Creation; revolving fund; rural development loans. (b) Transfer of assets and liabilities. (c) Credits in the Treasury; investments; notes, purchasing authority of the Secretary. (d) Notes, issuing authority of the Secretary; use of funds; terms and conditions, form, denominations, maturities, and interest rate of notes; notes, purchasing authority of the Secretary of the Treasury; public debt transactions. (e) Notes and security as part of Insurance Fund; collection and sale of notes and other obligations; deposit of net proceeds in Insurance Fund. (f) Deposit of loan service charges in Insurance Fund. (g) Use of Insurance Fund. (h) Gross income; interest or other income on insured loans. 1929b. Purchase of guaranteed portions of loans; terms and conditions; exercise of authorities. 1930. Continued availability of appropriated funds for direct real estate loans to farmers and ranchers. 1931. Insured watershed and resource conservation and development loans. 1932. Rural industrialization assistance. (a) Loans for private business enterprises; pollution abatement and control; aquaculture; solar energy; loan guarantees. (b) Grants for pollution abatement and control projects; limitations. (c) Grants for private business enterprises; limitation. (d) Joint loans or grants for private business enterprises; restrictions; system of certification for expeditious processing of requests for assistance; prior approval of grant or loan; equity investment as condition for loan commitment; issuance of certificates of beneficial ownership of notes. (e) Construction or improvement of subterminal facilities. (f) Grants for centers of rural technology and cooperative development. (g) Prevention of excessive unemployment or underemployment. (h) Grants to defray administrative costs. (i) Loans for business telecommunications partnerships. 1933. Guaranteed rural housing loans; Hawaiian home lands. 1934. Low-income farm ownership loan program; eligibility; repayment requirements. SUBCHAPTER II - OPERATING LOANS 1941. Persons eligible for loans. (a) Requirements. (b) Rural youths in 4-H Clubs, Future Farmers of America, etc. (c) Restriction on eligibility. 1942. Purposes of loans; grants for pollution abatement and control projects, limitations; nonsupervised accounts. 1943. Limitations and prohibitions on loans. 1944. Soil conservation district loans; limitation; purchase of conservation equipment. 1945. Participating loans. 1946. Liability of borrower; determination of interest rates; payment period; consolidation and rescheduling of loans. 1947. Insured operating loans. SUBCHAPTER III - EMERGENCY LOANS 1961. Eligibility for loans. (a) Persons eligible. (b) Persons ineligible. (c) Family farm system. (d) Definitions. 1962. Loan determination factors; written credit declinations. 1963. Purpose and extent of loans. 1964. Loan limitation, interest rates and subsidies, and repayment; grant eligibility. (a) Limitation on loans. (b) Interest rates. (c) Interest subsidies. (d) Repayment; security; repayment period extension; review. (e) Grant eligibility. 1965. Repealed. 1966. Emergency Credit Revolving Fund utilization. 1967. Addition to Emergency Credit Revolving Fund of sums from liquidation of loans; authorization of appropriations. 1968. Insurance of loans. 1969. Repealed. 1970. Eligibility for assistance based on production loss. 1971. Repealed. SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS 1981. Farmers Home Administration; appointment and compensation of Administrator; transfer of powers, duties, and assets pertaining to agricultural credit; powers of Secretary of Agriculture. 1981a. Loan moratorium and policy on foreclosures. 1981b. Farm loan interest rates. 1981c. Oil and gas royalty payments on loans. 1981d. Notice of loan service programs. (a) Requirement. (b) Contents. (c) Contained in regulations. (d) Timing. (e) Consideration of borrowers for loan service programs. 1981e. Planting and production history guidelines. 1981f. Underwriting forms and standards. 1982. County committees. (a) Election and appointment; term; alternates; removal for cause; regulations. (b) Compensation; travel expenses. (c) Meetings; quorum; procedure; duties; supplies; personnel. (d) Training of committee members. 1983. Special conditions and limitations on loans. 1983a. Prompt approval of loans and loan guarantees. (a) Applications; time for action by Secretary; notice; statement of reasons. (b) Loan proceeds; time for receipt. (c) Reconsideration of applications; time for action by Secretary. (d) Approved lender designation applications; time for decision by Secretary. (e) Processing loan applications; personnel and other resources made available; use of authorities of law. 1983b. Appeals. (a) Regulations; notice of decision; opportunity for meeting and hearing. (b) Time for notice to appellant; minimization of formal appeals. (c) Appellant's rights; inspection and reproduction of personal file and payment of reasonable costs; representation. (d) National appeals division. (e) Hearing officers; hearings: recordation, transcript, and record. (f) Direction, control, and administrative support of hearing officers. (g) Resources, personnel, and funding of national appeals division. 1983c. Provision of information to borrowers. (a) In general. (b) Construction of section. 1984. Taxation. 1985. Security servicing; operation or lease of realty; disposition of surplus property; conveyance of complete interest of United States; easements; condemnations; farmland sales and leases: management contracts, installments, selection of purchasers, subdivisions, announcements, conservation practices, and adverse effects prohibition; normal security income; conservation easements on wetlands on inventoried property. 1986. Conflicts of interests. (a) Acceptance of fees, commissions, gifts, or other considerations prohibited. (b) Acquisition of interest in land by certain officers or employees of Department of Agriculture prohibited; 3-year period. (c) Certifications on loans to family members prohibited. (d) Penalties. 1987. Debt adjustment and credit counseling; 'summary period' defined; loan summary statements. 1988. Appropriations. (a) Authorization. (b) Notes; form and denominations; maturities; terms and conditions; interest rate; purchase by Treasury; public debt transaction. (c) Farmers Home Administration direct loan account; deposits; liabilities; obligations; expenditures; net expenditure basis of budgeting. (d) Sale of notes and mortgages. (e) Distribution of real estate loans among States. (f) Sale by lender and any holder of guaranteed portion of loan pursuant to regulations governing such sales; limitations; issuance of pool certificates representing ownership of guaranteed portion of guaranteed loan; terms and conditions, etc.; reporting requirements. 1989. Rules and regulations; delegation of powers. 1990. Transfer of lands to Secretary. 1991. Definitions. 1992. Loan limitations. 1993. Testimony before Congressional committees. 1994. Maximum amounts for loans authorized; long-term cost projections. (a) Maximum aggregate principal amounts for loans authorized. (b) Maximum amounts for loans under Agricultural Credit Insurance Fund for fiscal years 1991 through 1995. (c) Development of long-term cost projections for loan program authorizations. (d) Low-income, limited-resource borrowers. 1995. Participation and financial and technical assistance by other Federal departments, etc. to program participants. 1996. Loans to resident aliens. 1997. Conservation easements. (a) Definitions. (b) Duration; purposes. (c) Property requirements. (d) Terms and conditions. (e) Purchase; limitation upon cancellation or prepayment. (f) Consultations with Director of Fish and Wildlife Service. (g) Enforcement. (h) Loans made after December 23, 1985; cancellation not subject to easement provisions. 1998. Guaranteed farm loan programs. 1999. Interest rate reduction program. (a) Establishment and execution. (b) Contracts with lenders. (c) Payments to lenders. (d) Duration of contracts. (e) Agricultural Credit Insurance Fund use limitation. (f) List of approved lender participants in guaranteed loan program. (g) Foreclosure action provision in farm loan guarantees. (h) Demonstration project for purchase of System land. 2000. Homestead protection. (a) Definitions. (b) Occupancy of homestead upon foreclosure, bankruptcy, or liquidation; appraisal; period of occupancy. (c) Terms and conditions. (d) First right of refusal of reacquisition. (e) Value as measure of reacquisition payment of principal. (f) Contract authority. (g) Conflict between Federal and State law. 2001. Debt restructuring and loan servicing. (a) In general. (b) Eligibility. (c) Restructuring determinations. (d) Principal and interest write-down. (e) Shared appreciation arrangements. (f) Determination to restructure. (g) Prerequisites to foreclosure or liquidation. (h) Time limits for restructuring. (i) Notice of ineligibility for restructuring. (j) Independent appraisals. (k) Future creditworthiness of borrower determined without regard to restructuring. (l) Partial liquidations. (m) Disposition of normal income security. (n) Only 1 write-down or net recovery buy-out per borrower for loan made after January 6, 1988. (o) Liquidation of assets. (p) Lifetime limitation on debt forgiveness per borrower. 2001a. Debt restructuring and loan servicing for community facility loans. 2002. Transfer of inventory lands. 2003. Target participation rates. (a) Establishment. (b) Reservation and allocation. (c) Operating loans. (d) Report. (e) Definitions. 2004. Expedited clearing of title to inventory property. 2005. Payment of losses on guaranteed loans. (a) Payments to lenders. (b) Administration. 2006. Waiver of mediation rights by borrowers. 2006a. Borrower training. (a) In general. (b) Contract. (c) Eligibility for loans. (d) Guidelines and curriculum. (e) Payment. (f) Waivers. 2006b. Loan assessments. (a) In general. (b) Determinations. (c) Contract. (d) Review of loans. (e) Guidelines. 2006c. Supervised credit. 2006d. Market placement. 2006e. Prohibition on use of loans for certain purposes. 2006f. Rural development administration. (a) Establishment. (b) Administration. (c) Exceptions. (d) References. (e) Effect on pending proceedings and parties to such proceedings. (f) Compensation of Administrator. 2007. General provisions. (a) Application for participation. (b) Selection of States. (c) Duration of projects. (d) Effective date. 2007a. Definitions. 2007b. Rural Partnerships Investment Board. (a) Establishment. (b) Board of Directors. (c) Powers of Investment Board. 2007c. Establishment of investment fund. (a) Establishment. (b) Use. (c) Applications of eligible entities for lines of credit. (d) Limitation on authorization of appropriations. (e) Relocation and refinancing. 2007d. Local revolving funds. (a) Establishment. (b) Use of fund. (c) Decisions concerning funding. (d) Requirement of partnerships for loans or investments. (e) Investment size limits. (f) Subordinated interest of local revolving fund. (g) Other investors. (h) Additional capital. (i) Continuation of line of credit. (j) Continuation of business promotion activities. (k) Development of monitoring procedures. (l) Refund of funds. (m) Annual reports to Board. (n) Termination of Board. 2007e. Compliance and enforcement. (a) Revocation or cancellation of line of credit and refund. (b) Investigations and examinations. (c) Injunctions or other orders. (d) Unlawful acts and omissions by officers, directors, employees, or agents. (e) Penalties and forfeitures. (f) Jurisdiction and service of process. (g) Substitution of Secretary. (h) Revocation, suspension, or termination. 2008. System for delivery of certain rural development programs. (a) In general. (b) Definitions. (c) Duties of Secretary. (d) Official information. (e) Allocation of appropriated funds. (f) Inapplicability of Federal Advisory Committee Act. (g) No liability of members of State rural economic development review panels. (h) Eligibility for water and waste facility loans. 2008a. State rural economic development review panel. (a) In general. (b) Duties. (c) Membership. (d) Notification. (e) Qualifications of panel members appointed by Governor. (f) Vacancies. (g) Chairperson and vice chairperson. (h) No compensation for Federal members. (i) Rules governing panel meetings. 2008b. Limited transfer authority of loan amounts. (a) Transfer of funds. (b) Limitation on loan amounts transferred. 2008c. Allocation and transfer of loan guarantee authority. (a) Allocation of loan guarantee authority. (b) Transfer of loan guarantee authority. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 940, 2279 of this title; title 12 sections 2219d, 2279aa; title 15 section 636; title 16 sections 3811, 3821; title 21 section 889; title 38 section 1811; title 40 App. sections 204, 214; title 42 sections 8813, 9817. ------DocID 17086 Document 3 of 1268------ -CITE- 14 USC Sec. 50 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 50. Area commanders -STATUTE- (a) The President may appoint, by and with the advice and consent of the Senate, a Commander, Atlantic Area, and a Commander, Pacific Area, each of whom shall be an intermediate commander between the Commandant and the district commanders in his respective area and shall perform such duties as the Commandant may prescribe. The area commanders shall be appointed from officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendations for such appointments. (b) An area commander shall, while so serving, have the grade of vice admiral with pay and allowances of that grade. The appointment of an area commander is effective on the date the officer assumes that duty, and terminates on the date he is detached from that duty. -SOURCE- (Added Pub. L. 92-451, Sec. 1(5), Oct. 2, 1972, 86 Stat. 755.) -MISC1- EFFECTIVE DATE Section effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as an Effective Date of 1972 Amendment note under section 290 of this title. ------DocID 17491 Document 4 of 1268------ -CITE- 15 USC Sec. 50 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 50. Offenses and penalties -STATUTE- Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry or to produce any documentary evidence, if in his power to do so, in obedience to an order of a district court of the United States directing compliance with the subpoena or lawful requirement of the Commission, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Any person who shall willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this subchapter, or who shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, partnership, or corporation subject to this subchapter, or who shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such person, partnership, or corporation, or who shall willfully remove out of the jurisdiction of the United States, or willfully mutilate, alter, or by any other means falsify any documentary evidence of such person, partnership, or corporation, or who shall willfully refuse to submit to the Commission or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence of such person, partnership, or corporation in his possession or within his control, shall be deemed guilty of an offense against the United States, and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and imprisonment. If any persons, partnership, or corporation required by this subchapter to file any annual or special report shall fail so to do within the time fixed by the Commission for filing the same, and such failure shall continue for thirty days after notice of such default, the corporation shall forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the case of a corporation or partnership in the district where the corporation or partnership has its principal office or in any district in which it shall do business, and in the case of any person in the district where such person resides or has his principal place of business. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of the forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. Any officer or employee of the Commission who shall make public any information obtained by the Commission without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $5,000, or by imprisonment not exceeding one year, or by fine and imprisonment, in the discretion of the court. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 10, 38 Stat. 723; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Jan. 4, 1975, Pub. L. 93-637, title II, Sec. 203(c), 88 Stat. 2199; May 28, 1980, Pub. L. 96-252, Sec. 6, 94 Stat. 376.) -MISC1- AMENDMENTS 1980 - First par. Pub. L. 96-252 inserted 'any' after 'produce' and 'an order of a district court of the United States directing compliance with' after 'obedience to'. 1975 - Second par. Pub. L. 93-637, Sec. 203(c)(1), substituted 'person, partnership, or corporation' for 'corporation' wherever appearing. Third par. Pub. L. 93-637, Sec. 203(c)(2), substituted 'If any persons, partnership, or corporation' for 'If any corporation', and 'in the case of a corporation or partnership in the district where the corporation or partnership has its principal office or in any district in which it shall do business, and in the case of any person in the district where such person resides or has his principal place of business' for 'in the district where the corporation has its principal office or in any district in which it shall do business'. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorneys' for 'district attorneys'. See section 541 et seq. of Title 28, Judiciary and Judicial Procedure. -MISC4- EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-252 effective May 28, 1980, see section 23 of Pub. L. 96-252, set out as a note under section 45 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Subpoena, see rule 17, Title 18, Appendix, Crimes and Criminal Procedure. CROSS REFERENCES Administrator of Wages and Hour Division, Secretary of Labor, and the industry committees under Fair Labor Standards Act, application of this section to, see section 209 of Title 29, Labor. Dissemination of false advertisements - Penalty for, see section 54 of this title. Unlawfulness of, see section 52 of this title. Fraud and false statements, see section 1001 et seq. of Title 18, Crimes and Criminal Procedure. Hearings and investigations under Fair Labor Standards Act, application, see section 209 of Title 29, Labor. Jurisdiction, powers and duties of Secretary of Agriculture in enforcing the provisions of the Packers and Stockyards Act, application of this section to, see section 222 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 sections 222, 610, 2146, 3807; title 21 sections 467d, 677, 1051; title 26 section 5274; title 27 section 202; title 29 sections 177, 209, 521, 1134, 1862, 2004; title 33 sections 907, 944; title 50 App. 1983. ------DocID 17792 Document 5 of 1268------ -CITE- 15 USC Sec. 80a-50 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-50. Separability -STATUTE- If any provision of this subchapter or any provision incorporated in this subchapter by reference, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this subchapter and the application of any such provision to person or circumstances other than those as to which it is held invalid shall not be affected thereby. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 51, 54 Stat. 846.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18999 Document 6 of 1268------ -CITE- 15 USC CHAPTER 50 -EXPCITE- TITLE 15 CHAPTER 50 -HEAD- CHAPTER 50 - CONSUMER PRODUCT WARRANTIES -MISC1- Sec. 2301. Definitions. 2302. Rules governing contents of warranties. (a) Full and conspicuous disclosure of terms and conditions; additional requirements for contents. (b) Availability of terms to consumer; manner and form for presentation and display of information; duration; extension of period for written warranty or service contract. (c) Prohibition on conditions for written or implied warranty; waiver by Commission. (d) Incorporation by reference of detailed substantive warranty provisions. (e) Applicability to consumer products costing more than $5. 2303. Designation of written warranties. (a) Full (statement of duration) or limited warranty. (b) Applicability of requirements, standards, etc., to representations or statements of customer satisfaction. (c) Exemptions by Commission. (d) Applicability to consumer products costing more than $10 and not designated as full warranties. 2304. Federal minimum standards for warranties. (a) Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacement. (b) Duties and conditions imposed on consumer by warrantor. (c) Waiver of standards. (d) Remedy without charge. (e) Incorporation of standards to products designated with full warranty for purposes of judicial actions. 2305. Full and limited warranting of a consumer product. 2306. Service contracts; rules for full, clear and conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty. 2307. Designation of representatives by warrantor to perform duties under written or implied warranty. 2308. Implied warranties. (a) Restrictions on disclaimers or modifications. (b) Limitation on duration. (c) Effectiveness of disclaimers, modifications, or limitations. 2309. Procedures applicable to promulgation of rules by Commission. (a) Oral presentation. (b) Warranties and warranty practices involved in sale of used motor vehicles. 2310. Remedies in consumer disputes. (a) Informal dispute settlement procedures; establishment; rules setting forth minimum requirements; effect of compliance by warrantor; review of informal procedures or implementation by Commission; application to existing informal procedures. (b) Prohibited acts. (c) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions; procedures; definitions. (d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims. (e) Class actions; conditions; procedures applicable. (f) Warrantors subject to enforcement of remedies. 2311. Applicability to other laws. (a) Federal Trade Commission Act and Federal Seed Act. (b) Rights, remedies, and liabilities. (c) State warranty laws. (d) Other Federal warranty laws. 2312. Effective dates. (a) Effective date of chapter. (b) Effective date of section 2302(a). (c) Promulgation of rules. ------DocID 19700 Document 7 of 1268------ -CITE- 16 USC Sec. 50 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 50. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028 -MISC1- Section, Joint Res. June 11, 1906, No. 27, Sec. 3, 34 Stat. 832, related to disposition of revenues from privileges. ------DocID 21432 Document 8 of 1268------ -CITE- 16 USC Sec. 460uu-50 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-50. Authorization of appropriations -STATUTE- There is authorized to be appropriated $16,500,000 for the purposes of this subchapter, of which $10,000,000 shall be available for land acquisition in the national monument; $1 million shall be available for development within the national monument; $4 million shall be available for land acquisition within the conservation area; $1 million shall be available for development within the conservation area; and $500,000 shall be available for planning and development of the Masau Trail. -SOURCE- (Pub. L. 100-225, title V, Sec. 510, Dec. 31, 1987, 101 Stat. 1549.) ------DocID 23287 Document 9 of 1268------ -CITE- 16 USC CHAPTER 50 -EXPCITE- TITLE 16 CHAPTER 50 -HEAD- CHAPTER 50 - CHESAPEAKE BAY RESEARCH COORDINATION ------DocID 24180 Document 10 of 1268------ -CITE- 18 USC CHAPTER 50 -EXPCITE- TITLE 18 PART I CHAPTER 50 -HEAD- CHAPTER 50 - GAMBLING -MISC1- Sec. 1081. Definitions. 1082. Gambling ships. 1083. Transportation between shore and ship; penalties. 1084. Transmission of wagering information; penalties. HISTORICAL AND REVISION NOTES This section (section 23 of act May 24, 1949) inserts a new chapter 50 (secs. 1081-1083) in title 18, U.S.C., incorporating, with slight changes in phraseology, most of the provisions of act of April 27, 1948 (ch. 235, 62 Stat. 200), which was not incorporated in title 18 when the revision was enacted. Subsection (e) of section 1 of such act, defining 'United States', when used in a geographical sense, was omitted as covered by section 5 of such title 18. Section 4 of such act, which provided that nothing in such act 'shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof, or to preclude action, otherwise valid, by any State or Territory with respect to the navigable waters within the boundaries of such State or Territory', was omitted as surplusage and unnecessary. AMENDMENTS 1961 - Pub. L. 87-216, Sec. 3, Sept. 13, 1961, 75 Stat. 491, added item 1084. 1949 - Act May 24, 1949, ch. 139, Sec. 23, 63 Stat. 92, added chapter 50 and items 1081 to 1083. ------DocID 25141 Document 11 of 1268------ -CITE- 18 USC Rule 50 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 50. Calendars; Plans for Prompt Disposition -STATUTE- (a) Calendars. The district courts may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable. (b) Plans for Achieving Prompt Disposition of Criminal Cases. To minimize undue delay and to further the prompt disposition of criminal cases, each district court shall conduct a continuing study of the administration of criminal justice in the district court and before United States magistrates of the district and shall prepare plans for the prompt disposition of criminal cases in accordance with the provisions of Chapter 208 of Title 18, United States Code. -SOURCE- (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Mar. 18, 1974, eff. July 1, 1974; Apr. 26 and July 8, 1976, eff. Aug. 1, 1976.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule is a restatement of the inherent residual power of the court over its own calendars, although as a matter of practice in most districts the assignment of criminal cases for trial is handled by the United States attorney. Cf. Federal Rules of Civil Procedure, Rules 40 and 78 (28 U.S.C., Appendix). The direction that preference shall be given to criminal proceedings as far as practicable is generally recognized as desirable in the orderly administration of justice. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT The addition to the rule proposed by subdivision (b) is designed to achieve the more prompt disposition of criminal cases. Preventing undue delay in the administration of criminal justice has become an object of increasing interest and concern. This is reflected in the Congress. See, e.g., 116 Cong.Rec. S7291-97 (daily ed. May 18, 1970) (remarks of Senator Ervin). Bills have been introduced fixing specific time limits. See S. 3936, H.R. 14822, H.R. 15888, 91st Cong., 2d Sess. (1970). Proposals for dealing with the problem of delay have also been made by the President's Commission on Law Enforcement and Administration of Justice, Task Force Report: The Courts (1967) especially pp. 84-90, and by the American Bar Association Project on Standards for Criminal Justice, Standards Relating to Speedy Trial (Approved Draft, 1968). Both recommend specific time limits for each stage in the criminal process as the most effective way of achieving prompt disposition of criminal cases. See also Note, Nevada's 1967 Criminal Procedure Law from Arrest to Trial: One State's Response to a Widely Recognized Need, 1969 Utah L.Rev. 520, 542 no. 114. Historically, the right to a speedy trial has been thought of as a protection for the defendant. Delay can cause a hardship to a defendant who is in custody awaiting trial. Even if afforded the opportunity for pretrial release, a defendant nonetheless is likely to suffer anxiety during a period of unwanted delay, and he runs the risk that his memory and those of his witnesses may suffer as time goes on. Delay can also adversely affect the prosecution. Witnesses may lose interest or disappear or their memories may fade thus making them more vulnerable to cross-examination. See Note, The Right to a Speedy Criminal Trial, 57 Colum.L.Rev. 846 (1957). There is also a larger public interest in the prompt disposition of criminal cases which may transcend the interest of the particular prosecutor, defense counsel, and defendant. Thus there is need to try to expedite criminal cases even when both prosecution and defense may be willing to agree to a continuance or continuances. It has long been said that it is the certain and prompt imposition of a criminal sanction rather than its severity that has a significant deterring effect upon potential criminal conduct. See Banfield and Anderson, Continuances in the Cook County Criminal Courts, 35 U.Chi.L.Rev. 259, 259-63 (1968). Providing specific time limits for each stage of the criminal justice system is made difficult, particularly in federal courts, by the widely varying conditions which exist between the very busy urban districts on the one hand and the far less busy rural districts on the other hand. In the former, account must be taken of the extremely heavy caseload, and the prescription of relatively short time limits is realistic only if there is provided additional prosecutorial and judicial manpower. In some rural districts, the availability of a grand jury only twice a year makes unrealistic the provision of short time limits within which an indictment must be returned. This is not to say that prompt disposition of criminal cases cannot be achieved. It means only that the achieving of prompt disposition may require solutions which vary from district to district. Finding the best methods will require innovation and experimentation. To encourage this, the proposed draft mandates each district court to prepare a plan to achieve the prompt disposition of criminal cases in the district. The method prescribed for the development and approval of the district plans is comparable to that prescribed in the Jury Selection and Service Act of 1968, 28 U.S.C. Sec. 1863(a). Each plan shall include rules which specify time limits and a means for reporting the status of criminal cases. The appropriate length of the time limits is left to the discretion of the individual district courts. This permits each district court to establish time limits that are appropriate in light of its criminal caseload, frequency of grand jury meetings, and any other factors which affect the progress of criminal actions. Where local conditions exist which contribute to delay, it is contemplated that appropriate efforts will be made to eliminate those conditions. For example, experience in some rural districts demonstrates that grand juries can be kept on call thus eliminating the grand jury as a cause for prolonged delay. Where manpower shortage is a major cause for delay, adequate solutions will require congressional action. But the development and analysis of the district plans should disclose where manpower shortages exist; how large the shortages are; and what is needed, in the way of additional manpower, to achieve the prompt disposition of criminal cases. The district court plans must contain special provision for prompt disposition of cases in which there is reason to believe that the pretrial liberty of a defendant poses danger to himself, to any other person, or to the community. Prompt disposition of criminal cases may provide an alternative to the pretrial detention of potentially dangerous defendants. See 116 Cong.Rec. S7291-97 (daily ed. May 18, 1970) (remarks of Senator Ervin). Prompt disposition of criminal cases in which the defendant is held in pretrial detention would ensure that the deprivation of liberty prior to conviction would be minimized. Approval of the original plan and any subsequent modification must be obtained from a reviewing panel made up of one judge from the district submitting the plan (either the chief judge or another active judge appointed by him) and the members of the judicial council of the circuit. The makeup of this reviewing panel is the same as that provided by the Jury Selection and Service Act of 1968, 28 U.S.C. Sec. 1863(a). This reviewing panel is also empowered to direct the modification of a district court plan. The Circuit Court of Appeals for the Second Circuit recently adopted a set of rules for the prompt disposition of criminal cases. See 8 Cr.L. 2251 (Jan. 13, 1971). These rules, effective July 5, 1971, provide time limits for the early trial of high risk defendants, for court control over the granting of continuances, for criteria to control continuance practice, and for sanction against the prosecution or defense in the event of noncompliance with prescribed time limits. NOTES OF ADVISORY COMMITTEE ON RULES - 1974 AMENDMENT The amendment designates the first paragraph of Rule 50 as subdivision (a) entitled 'Calendars,' in view of the recent addition of subdivision (b) to the rule. NOTES OF ADVISORY COMMITTEE ON RULES - 1976 AMENDMENT This amendment to rule 50(b) takes account of the enactment of The Speedy Trial Act of 1974, 18 U.S.C. Sec. 3152-3156, 3161-3174. As the various provisions of the Act take effect, see 18 U.S.C. Sec. 3163, they and the district plans adopted pursuant thereto will supplant the plans heretofore adopted under rule 50(b). The first such plan must be prepared and submitted by each district court before July 1, 1976. 18 U.S.C. Sec. 3165(e)(1). That part of rule 50(b) which sets out the necessary contents of district plans has been deleted, as the somewhat different contents of the plans required by the Act are enumerated in 18 U.S.C. Sec. 3166. That part of rule 50(b) which describes the manner in which district plans are to be submitted, reviewed, modified and reported upon has also been deleted, for these provisions now appear in 18 U.S.C. Sec. 3165(c) and (d). -CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -MISC4- EFFECTIVE DATE OF 1976 AMENDMENT Amendment of subd. (b) by the order of the United States Supreme Court of Apr. 26, 1976, effective Aug. 1, 1976, see section 1 of Pub. L. 94-349, July 8, 1976, 90 Stat. 822, set out as a note under section 3771 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Court calendars for jury and non-jury actions, see rule 79, Title 28, Appendix, Judiciary and Judicial Procedure. Trial calendar, see rule 40. ------DocID 25182 Document 12 of 1268------ -CITE- 19 USC Sec. 50, 51 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 50, 51. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 642, 645, 650 -MISC1- Section 50, acts Aug. 24, 1912, ch. 355, Sec. 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810, authorized collectors of customs to administer oaths to expense accounts. Section 51, act Mar. 4, 1923, ch. 251, Sec. 7, 42 Stat. 1454, provided limitations on compensation. ADDITIONAL REPEAL Section 51 was additionally repealed by Pub. L. 91-271, title III, Sec. 321(j), June 2, 1970, 84 Stat. 293. ------DocID 26100 Document 13 of 1268------ -CITE- 20 USC Sec. 50 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 50. Reception and arrangement of specimens and objects of art -STATUTE- Whenever suitable arrangements can be made from time to time for their reception, all objects of art and of foreign and curious research, and all objects of natural history, plants, and geological and mineralogical specimens belonging to the United States, which may be in the city of Washington, in whosesoever custody they may be, shall be delivered to such persons as may be authorized by the Board of Regents to receive them, and shall be so arranged and classified in the building erected for the institution as best to facilitate the examination and study of them; and whenever new specimens in natural history, geology, or mineralogy are obtained for the museum of the institution, by exchanges of duplicate specimens, which the Regents may in their discretion make, or by donation, which they may receive, or otherwise, the Regents shall cause such new specimens to be appropriately classed and arranged. The minerals, books, manuscripts, and other property of James Smithson, which have been received by the Government of the United States, shall be preserved separate and apart from other property of the institution. -SOURCE- (R.S. Sec. 5586.) -COD- CODIFICATION R.S. Sec. 5586 derived from act Aug. 10, 1846, ch. 178, Sec. 6, 9 Stat. 105. -MISC3- EAST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING Pub. L. 101-455, Oct. 24, 1990, 104 Stat. 1067, provided that: 'SECTION 1. ADDITIONAL SPACE IN NATIONAL MUSEUM OF NATURAL HISTORY. 'The Board of Regents of the Smithsonian Institution is authorized to plan, design, construct, and equip approximately 80,000 square feet of space in the East Court of the National Museum of Natural History building. 'SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 'There is authorized to be appropriated to the Smithsonian Institution for fiscal year 1991 not to exceed $30,000,000 to carry out this Act.' CHARLES MCC. MATHIAS, JR. LABORATORY FOR ENVIRONMENTAL RESEARCH Pub. L. 99-617, Sec. 1, Nov. 6, 1986, 100 Stat. 3488, provided that: '(a) Construction Authorization. - The Board of Regents of the Smithsonian Institution is authorized to construct the Charles McC. Mathias, Jr. Laboratory for Environmental Research. '(b) Location. - The Charles McC. Mathias, Jr. Laboratory for Environmental Research shall be located at the Smithsonian Environmental Research Center, a bureau of the Smithsonian Institution, located at Edgewater, Maryland. '(c) Authorization of Appropriations. - Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $1,000,000 to carry out the purposes of this section. '(d) Transfer of Funds. - Any portion of the sums appropriated to carry out the purposes of this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' SMITHSONIAN ASTROPHYSICAL OBSERVATORY AND SMITHSONIAN TROPICAL RESEARCH INSTITUTE; AUTHORIZATION OF CONSTRUCTION AND APPROPRIATIONS Pub. L. 99-423, Sept. 30, 1986, 100 Stat. 963, provided: 'That the Board of Regents of the Smithsonian Institution is authorized to plan and construct facilities for the Smithsonian Astrophysical Observatory and the Smithsonian Tropical Research Institute. 'Sec. 2. Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution: '(a) $4,500,000 for the Smithsonian Astrophysical Observatory; and '(b) $11,100,000 for the Smithsonian Tropical Research Institute. 'Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' FRED LAWRENCE WHIPPLE OBSERVATORY; PURCHASE OF LAND Pub. L. 98-73, Aug. 11, 1983, 97 Stat. 406, provided: 'That the Smithsonian Institution is authorized to purchase land in Santa Cruz County, Arizona, for the permanent headquarters of the Fred Lawrence Whipple Observatory. 'Sec. 2. Effective October 1, 1984, there is authorized to be appropriated $150,000 to carry out the purposes of this Act.' CONSTRUCTION OF NATIONAL MUSEUM OF AFRICAN ART, CENTER FOR EASTERN ART, AND STRUCTURES FOR RELATED EDUCATIONAL FACILITIES Pub. L. 97-203, June 24, 1982, 96 Stat. 129, provided: 'That the Board of Regents of the Smithsonian Institution is authorized to construct a building for the National Museum of African Art and a center for Eastern art together with structures for related educational activities in the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street Southwest, in the city of Washington. 'Sec. 2. Effective October 1, 1982, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $36,500,000 to carry out the purposes of this Act (this note). Except for funds obligated or expended for planning, administration, and management expenses, and architectural or other consulting services, no funds appropriated pursuant to this section shall be obligated or expended until such time as there is available to such Board, from private donations or from other non-Federal sources, a sum which, when combined with the funds so appropriated, is sufficient to carry out the purposes of this Act. 'Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act (this note) may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' SMITHSONIAN INSTITUTION; DEVELOPMENT OF PROPERTY ADJACENT TO ORIGINAL BUILDING Pub. L. 96-36, July 20, 1979, 93 Stat. 94, provided: 'That the Board of Regents of the Smithsonian Institution is authorized to plan for the development of the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street, Southwest, in the city of Washington. 'Sec. 2. Effective October 1, 1979, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $500,000 to carry out the purposes of this Act. 'Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' SMITHSONIAN INSTITUTION PLANS FOR AND CONSTRUCTION OF MUSEUM SUPPORT FACILITIES; APPROVAL OF PLANS AND SPECIFICATIONS; SITUS; TRANSFER OF LAND; APPROPRIATIONS; CONTRACTS BY GENERAL SERVICES ADMINISTRATION Pub. L. 94-98, Sept. 19, 1975, 89 Stat. 480, as amended by Pub. L. 95-569, Nov. 2, 1978, 92 Stat. 2444, provided: 'The Regents of the Smithsonian Institution are authorized to prepare plans for, and to construct, museum support facilities to be used for (1) the care, curation, conservation, deposit, preparation, and study of the national collections of scientific, historic, and artistic objects, specimens, and artifacts; (2) the related documentation of such collections of the Smithsonian Institution; and (3) the training of museum conservators. No appropriation shall be made to construct the facilities authorized by this Act until the Committee on Public Works and Transportation of the House of Representatives and the Committee on Rules and Administration of the Senate, by resolution approve the final plans and specifications of such facilities. 'Sec. 2. The museum support facilities referred to in section 1 shall be located on federally owned land within the metropolitan area of Washington, District of Columbia. Any Federal agency is authorized to transfer land under its jurisdiction to the Smithsonian Institution for such purposes without reimbursement. 'Sec. 3. There is authorized to be appropriated to the Smithsonian Institution $21,500,000 to carry out the purposes of this Act. Any portion of the sums appropriated for such purposes may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' (Amendment of section 3 of this Act effective Oct. 1, 1979.) NATIONAL MUSEUM The National Museum was not created by any express statutory provision for that purpose. It was first mentioned in an appropriation for postage for 'the National Museum in the Smithsonian Institution,' contained in act June 20, 1874, ch. 328, Sec. 1, 18 Stat. 103. An appropriation for a building for the use of the National Museum was made by act Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat. 397, and annual appropriations have continuously been made for expenses of heating, etc., such building. NATIONAL MUSEUM EXHIBIT Res. Feb. 28, 1922, ch. 86, 42 Stat. 399, authorized Secretary of State to transfer to custody of Secretary of Institution for safekeeping and exhibition in National Museum the sword of George Washington and the staff of Benjamin Franklin, presented by Samuel T. Washington, and the sword of Andrew Jackson, presented by family of General Robert Armstrong. TRANSPORTATION OF PROPERTY Quartermaster-General and his officers were required to receive and transport property for National Museum by a provision of act July 5, 1884, ch. 217, 23 Stat. 107. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title. ------DocID 27894 Document 14 of 1268------ -CITE- 20 USC CHAPTER 50 -EXPCITE- TITLE 20 CHAPTER 50 -HEAD- CHAPTER 50 - NATIONAL CENTER FOR THE STUDY OF AFRO-AMERICAN HISTORY AND CULTURE -MISC1- Sec. 3701. National Afro-American History and Culture Commission. (a) Establishment and membership. (b) Duties. (c) Acquisition and disposal of property. 3702. Organization of Commission. (a) Membership. (b) Terms of office. (c) Membership continuation. (d) Vacancies. (e) Quorum. (f) Voting. (g) Officers. (h) Meetings. (i) Seal; bylaws; rules and regulations. (j) Compensation. (k) Temporary services. (l) Personnel details. (m) Administrative support services. 3703. Report to Congress. ------DocID 28276 Document 15 of 1268------ -CITE- 21 USC Sec. 50 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 50. Regulations -STATUTE- The Secretary of Health and Human Services shall have the power to enforce the provisions of this chapter by appropriate regulations. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 10, 29 Stat. 607; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695.) -CHANGE- CHANGE OF NAME 'Secretary of Health and Human Services' substituted in text for 'Secretary of Health, Education, and Welfare' pursuant to section 509(b) of Pub. L. 96-88, which is classified to section 3508(b) of Title 20, Education. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare (now Health and Human Services), and of Food and Drug Administration to Federal Security Agency, see note set out under section 41 of this title. ------DocID 30736 Document 16 of 1268------ -CITE- 22 USC CHAPTER 50 -EXPCITE- TITLE 22 CHAPTER 50 -HEAD- CHAPTER 50 - INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION -MISC1- Sec. 3501. Congressional statement of policy. 3502. Purposes and establishment; policy guidelines and objectives. 3503. Functions. (a) Assistance, support, etc., activities in United States and developing countries. (b) Review of programs, projects, and other activities; objectives of review. (c) Presidential utilization of additional statutory authorities. (d) Consultation and cooperation with United States and foreign government agencies, and international organizations. (e) Presidential promulgation of coordination procedures concerning other governmental activities. 3504. General authorities; fiscal requirement for authorities. 3505. Director. (a) Appointment; compensation. (b) Exercise of Presidential authority; delegation of authority. 3506. Deputy Director. (a) Appointment; compensation. (b) Duties and powers. (c) Additional positions; establishment by President; compensation. 3507. Council on International Scientific and Technological Cooperation. (a) Establishment. (b) Functions. (c) Advice to Director concerning selection, termination, or change in activities, and transfer of government programs and projects to Institute; review and recommendations respecting new programs and initiatives. (d) Composition; Chairman; appointment, terms, etc., of members. (e) Compensation, reimbursement, status, etc., of nongovernmental members. (f) Executive and additional committees; membership, powers, etc., of Executive Committee. 3508. Fellowships. (a) Authorization; number; duration; renewal; criteria; foreign recipients; designation of recipients as Institute Fellows. (b) Activities of Institute Fellows. (c) Amount of awards; transportation, housing, etc., benefits. (d) Status of Institute Fellows. (e) Admission into United States of alien participants in program. 3509. Conflict of interest; personnel and activities covered. 3510. Authorization of appropriations. 3511. Repealed. 3512. Establishment within International Development Cooperation Agency. 3513. Expiration of statutory authorities. ------DocID 31523 Document 17 of 1268------ -CITE- 24 USC Sec. 48 to 50 -EXPCITE- TITLE 24 CHAPTER 2 -HEAD- Sec. 48 to 50. Repealed. Pub. L. 101-510, div. A, title XV, Sec. 1532(b)(1), (2), Nov. 5, 1990, 104 Stat. 1733 -MISC1- Section 48, act Mar. 3, 1883, ch. 130, Sec. 9, 22 Stat. 565, related to borrowing money on credit of Soldiers' Home. Section 49, R.S. Sec. 4814, 4821, related to persons entitled to membership in and benefits of Soldiers' Home. Section 50, R.S. Sec. 4822, related to persons excluded from benefits of Soldiers' Home. EFFECTIVE DATE OF REPEAL Repeal effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101-510, set out as an Effective Date note under section 401 of this title. ------DocID 31723 Document 18 of 1268------ -CITE- 25 USC Sec. 50 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 50. Repealed. Pub. L. 88-448, title IV, Sec. 402(a)(2), Aug. 19, 1964, 78 Stat. 492 -MISC1- Section, R.S. Sec. 2074, related to holding of two offices. See section 5533 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF REPEAL Repeal effective on first day of first month which begins later than the 90th day following Aug. 19, 1964, see section 403 of Pub. L. 88-448. ------DocID 33572 Document 19 of 1268------ -CITE- 26 USC Sec. 50 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart E -HEAD- Sec. 50. Other special rules -STATUTE- (a) Recapture in case of dispositions, etc. Under regulations prescribed by the Secretary - (1) Early disposition, etc. (A) General rule If, during any taxable year, investment credit property is disposed of, or otherwise ceases to be investment credit property with respect to the taxpayer, before the close of the recapture period, then the tax under this chapter for such taxable year shall be increased by the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this subpart with respect to such property. (B) Recapture percentage For purposes of subparagraph (A), the recapture percentage shall be determined in accordance with the following table: --------------------------------------------------------------------- --------------------------------------------------------------------- If the property ceases to be The recapture investment credit property percentage is: within - (i) One full year after placed in 100 service (ii) One full year after the 80 close of the period described in clause (i) (iii) One full year after the 60 close of the period described in clause (ii) (iv) One full year after the 40 close of the period described in clause (iii) (v) One full year after the close 20 of the period described in clause (iv) ------------------------------- (2) Property ceases to qualify for progress expenditures (A) In general If during any taxable year any building to which section 47(d) applied ceases (by reason of sale or other disposition, cancellation or abandonment of contract, or otherwise) to be, with respect to the taxpayer, property which, when placed in service, will be a qualified rehabilitated building, then the tax under this chapter for such taxable year shall be increased by an amount equal to the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero the credit determined under this subpart with respect to such building. (B) Certain excess credit recaptured Any amount which would have been applied as a reduction under paragraph (2) of section 47(b) but for the fact that a reduction under such paragraph cannot reduce the amount taken into account under section 47(b)(1) below zero shall be treated as an amount required to be recaptured under subparagraph (A) for the taxable year during which the building is placed in service. (C) Certain sales and leasebacks Under regulations prescribed by the Secretary, a sale by, and leaseback to, a taxpayer who, when the property is placed in service, will be a lessee to whom the rules referred to in subsection (c)(4) apply shall not be treated as a cessation described in subparagraph (A) to the extent that the amount which will be passed through to the lessee under such rules with respect to such property is not less than the qualified rehabilitation expenditures properly taken into account by the lessee under section 47(d) with respect to such property. (D) Coordination with paragraph (1) If, after property is placed in service, there is a disposition or other cessation described in paragraph (1), then paragraph (1) shall be applied as if any credit which was allowable by reason of section 47(d) and which has not been required to be recaptured before such disposition, cessation, or change in use were allowable for the taxable year the property was placed in service. (E) Special rules Rules similar to the rules of this paragraph shall apply in cases where qualified progress expenditures were taken into account under the rules referred to in section 48(a)(5)(A). (3) Carrybacks and carryovers adjusted In the case of any cessation described in paragraph (1) or (2), the carrybacks and carryovers under section 39 shall be adjusted by reason of such cessation. (4) Subsection not to apply in certain cases Paragraphs (1) and (2) shall not apply to - (A) a transfer by reason of death, or (B) a transaction to which section 381(a) applies. For purposes of this subsection, property shall not be treated as ceasing to be investment credit property with respect to the taxpayer by reason of a mere change in the form of conducting the trade or business so long as the property is retained in such trade or business as investment credit property and the taxpayer retains a substantial interest in such trade or business. (5) Definitions and special rules (A) Investment credit property For purposes of this subsection, the term 'investment credit property' means any property eligible for a credit determined under this subpart. (B) Transfer between spouses or incident to divorce In the case of any transfer described in subsection (a) of section 1041 - (i) the foregoing provisions of this subsection shall not apply, and (ii) the same tax treatment under this subsection with respect to the transferred property shall apply to the transferee as would have applied to the transferor. (C) Special rule Any increase in tax under paragraph (1) or (2) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit allowable under subpart A, B, D, or G. (b) Certain property not eligible No credit shall be determined under this subpart with respect to - (1) Property used outside United States (A) In general Except as provided in subparagraph (B), no credit shall be determined under this subpart with respect to any property which is used predominantly outside the United States. (B) Exceptions Subparagraph (A) shall not apply to any property described in section 168(g)(4). (2) Property used for lodging No credit shall be determined under this subpart with respect to any property which is used predominantly to furnish lodging or in connection with the furnishing of lodging. The preceding sentence shall not apply to - (A) nonlodging commercial facilities which are available to persons not using the lodging facilities on the same basis as they are available to persons using the lodging facilities. (FOOTNOTE 1) (FOOTNOTE 1) So in original. The period probably should be a semicolon. (B) property used by a hotel or motel in connection with the trade or business of furnishing lodging where the predominant portion of the accommodations is used by transients; (C) a certified historic structure to the extent of that portion of the basis which is attributable to qualified rehabilitation expenditures; and (D) any energy property. (3) Property used by certain tax-exempt organization No credit shall be determined under this subpart with respect to any property used by an organization (other than a cooperative described in section 521) which is exempt from the tax imposed by this chapter unless such property is used predominantly in an unrelated trade or business the income of which is subject to tax under section 511. If the property is debt-financed property (as defined in section 514(b)), the amount taken into account for purposes of determining the amount of the credit under this subpart with respect to such property shall be that percentage of the amount (which but for this paragraph would be so taken into account) which is the same percentage as is used under section 514(a), for the year the property is placed in service, in computing the amount of gross income to be taken into account during such taxable year with respect to such property. If any qualified rehabilitated building is used by the tax-exempt organization pursuant to a lease, this paragraph shall not apply for purposes of determining the amount of the rehabilitation credit. (4) Property used by governmental units or foreign persons or entities (A) In general No credit shall be determined under this subpart with respect to any property used - (i) by the United States, any State or political subdivision thereof, any possession of the United States, or any agency or instrumentality of any of the foregoing, or (ii) by any foreign person or entity (as defined in section 168(h)(2)(C)), but only with respect to property to which section 168(h)(2)(A)(iii) applies (determined after the application of section 168(h)(2)(B)). (B) Exception for short-term leases This paragraph and paragraph (3) shall not apply to any property by reason of use under a lease with a term of less than 6 months (determined under section 168(i)(3)). (C) Exception for qualified rehabilitated buildings leased to governments, etc. If any qualified rehabilitated building is leased to a governmental unit (or a foreign person or entity) this paragraph shall not apply for purposes of determining the rehabilitation credit with respect to such building. (D) Special rules for partnerships, etc. For purposes of this paragraph and paragraph (3), rules similar to the rules of paragraphs (5) and (6) of section 168(h) shall apply. (E) Cross reference For special rules for the application of this paragraph and paragraph (3), see section 168(h). (c) Basis adjustment to investment credit property (1) In general For purposes of this subtitle, if a credit is determined under this subpart with respect to any property, the basis of such property shall be reduced by the amount of the credit so determined. (2) Certain dispositions If during any taxable year there is a recapture amount determined with respect to any property the basis of which was reduced under paragraph (1), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term 'recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (a). (3) Special rule In the case of any energy credit or reforestation credit - (A) only 50 percent of such credit shall be taken into account under paragraph (1), and (B) only 50 percent of any recapture amount attributable to such credit shall be taken into account under paragraph (2). (4) Recapture of reductions (A) In general For purposes of sections 1245 and 1250, any reduction under this subsection shall be treated as a deduction allowed for depreciation. (B) Special rule for section 1250 For purposes of section 1250(b), the determination of what would have been the depreciation adjustments under the straight line method shall be made as if there had been no reduction under this section. (5) Adjustment in basis of interest in partnership or S corporation The adjusted basis of - (A) a partner's interest in a partnership, and (B) stock in an S corporation, shall be appropriately adjusted to take into account adjustments made under this subsection in the basis of property held by the partnership or S corporation (as the case may be). (d) Certain rules made applicable For purposes of this subpart, rules similar to the rules of the following provisions (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply: (1) Section 46(e) (relating to limitations with respect to certain persons). (2) Section 46(f) (relating to limitation in case of certain regulated companies). (3) Section 46(h) (relating to special rules for cooperatives). (4) Paragraphs (2) and (3) of section 48(b) (relating to special rule for sale-leasebacks). (5) Section 48(d) (relating to certain leased property). (6) Section 48(f) (relating to estates and trusts). (7) Section 48(r) (relating to certain 501(d) organizations). -SOURCE- (Added Pub. L. 101-508, title XI, Sec. 11813(a), Nov. 5, 1990, 104 Stat. 1388-546.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (d), is the date of enactment of Pub. L. 101-508, which was approved Nov. 5, 1990. -MISC2- PRIOR PROVISIONS A prior section 50, Pub. L. 92-178, title I, Sec. 101(a), Dec. 10, 1971, 85 Stat. 498, which related to restoration of credit for investment in certain depreciable property, was repealed by Pub. L. 95-600, title III, Sec. 312(c)(1), Nov. 6, 1978, 92 Stat. 2826, applicable to taxable years ending after Dec. 31, 1978. EFFECTIVE DATE Section applicable to property placed in service after Dec. 31, 1990, but not applicable to any transition property (as defined in section 49(e) of this title), any property with respect to which qualified progress expenditures were previously taken into account under section 46(d) of this title, and any property described in section 46(b)(2)(C) of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c) of Pub. L. 101-508, set out as an Effective Date of 1990 Amendment note under section 29 of this title. SAVINGS PROVISION For provisions that nothing in this section be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101-508, set out as a note under section 29 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 29, 47, 49, 55, 196, 312, 1371, 1503 of this title. ------DocID 35931 Document 20 of 1268------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 50 -EXPCITE- TITLE 26 APPENDIX TITLE V -HEAD- Rule 50. General Requirements -STATUTE- (a) Form and Content of Motion: An application to the Court for an order shall be by motion in writing, which shall state with particularity the grounds therefor and shall set forth the relief or order sought. The motion shall show that prior notice thereof has been given to each other party or counsel for each other party and shall state whether there is any objection to the motion. If a motion does not include such a statement, the Court will assume that there is an objection to the motion. Unless the Court directs otherwise, motions made during a hearing or trial need not be in writing. The rules applicable to captions, signing, and other matters of form and style of pleadings apply to all written motions. See Rules 23, 32, and 33. (b) Disposition of Motions: A motion may be disposed of in one or more of the following ways, in the discretion of the Court: (1) The Court may take action after directing that a written response be filed. In that event, the motion shall be served upon the opposing party, who shall file such response within such period as the Court may direct. Written response to a motion shall conform to the same requirements of form and style as apply to motions. (2) The Court may take action after directing a hearing, which normally will be held in Washington, D.C. The Court may, on its own motion or upon the written request of any party to the motion, direct that the hearing be held at some other location which serves the convenience of the parties and the Court. (3) The Court may take such action as the Court in its discretion deems appropriate, on such prior notice, if any, which the Court may consider reasonable. The action of the Court may be taken with or without written response, hearing, or attendance of a party to the motion at the hearing. (c) Attendance at Hearings: If a motion is noticed for hearing, then a party to the motion may, prior to or at the time for such hearing, submit a written statement of such party's position together with any supporting documents. Such statement may be submitted in lieu of or in addition to attendance at the hearing. (d) Defects in Pleading: Where the motion or order is directed to defects in a pleading, prompt filing of a proper pleading correcting the defects may obviate the necessity of a hearing thereon. (e) Postponement of Trial: The filing of a motion shall not constitute cause for postponement of a trial. With respect to motions for continuance, see Rule 134. (f) Service of Motions: The rules applicable to service of pleadings apply to service of motions. See Rule 21. ------DocID 36484 Document 21 of 1268------ -CITE- 28 USC (CHAPTER 50 -EXPCITE- TITLE 28 PART III (CHAPTER 50 -HEAD- (CHAPTER 50 - OMITTED) -COD- CODIFICATION Chapter 50, consisting of sections 771 to 775, which was added by Pub. L. 95-598, title II, Sec. 233(a), Nov. 6, 1978, 92 Stat. 2665, and which related to bankruptcy courts, did not become effective pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. ------DocID 37096 Document 22 of 1268------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 50 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 50. Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict -STATUTE- (a) Motion for Directed Verdict: When Made; Effect. A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury. (b) Motion for Judgment Notwithstanding the Verdict. Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Not later than 10 days after entry of judgment, a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with the party's motion for a directed verdict; or if a verdict was not returned such party, within 10 days after the jury has been discharged, may move for judgment in accordance with the party's motion for a directed verdict. A motion for a new trial may be joined with this motion, or a new trial may be prayed for in the alternative. If a verdict was returned the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned the court may direct the entry of judgment as if the requested verdict had been directed or may order a new trial. (c) Same: Conditional Rulings on Grant of Motion. (1) If the motion for judgment notwithstanding the verdict, provided for in subdivision (b) of this rule, is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court. (2) The party whose verdict has been set aside on motion for judgment notwithstanding the verdict may serve a motion for a new trial pursuant to Rule 59 not later than 10 days after entry of the judgment notwithstanding the verdict. (d) Same: Denial of Motion. If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling the party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict. If the appellate court reverses the judgment, nothing in this rule precludes it from determining that the appellee is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted. -SOURCE- (As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). The present federal rule is changed to the extent that the formality of an express reservation of rights against waiver is no longer necessary. See Sampliner v. Motion Picture Patents Co., 254 U.S. 233, 41 S.Ct. 79, 65 L.Ed. 240 (1920); Union Indemnity Co. v. United States, 74 F.2d 645 (C.C.A.6th, 1935). The requirement that specific grounds for the motion for a directed verdict must be stated settles a conflict in the federal cases. See Simkins, Federal Practice (1934) Sec. 189. Note to Subdivision (b). For comparable state practice upheld under the conformity act, see Baltimore and Carolina Line v. Redman, 295 U.S. 654, 55 S.Ct. 890, 79 L.Ed. 1636 (1935); compare Slocum v. New York Life Ins. Co., 228 U.S. 364, 33 S.Ct. 523, 57 L.Ed. 879, Ann.Cas. 1914D, 1029 (1913). See Northern Ry. Co. v. Page, 274 U.S. 65, 47 S.Ct. 491, 71 L.Ed. 929 (1927), following the Massachusetts practice of alternative verdicts, explained in Thorndike, Trial by Jury in United States Courts, 26 Harv.L.Rev. 732 (1913). See also Thayer, Judicial Administration, 63 U. of Pa.L.Rev. 585, 600-601, and note 32 (1915); Scott, Trial by Jury and the Reform of Civil Procedure, 31 Harv.L.Rev. 669, 685 (1918); Comment, 34 Mich.L.Rev. 93, 98 (1935). NOTES OF ADVISORY COMMITTEE ON RULES - 1963 AMENDMENT Subdivision (a). The practice, after the court has granted a motion for a directed verdict, of requiring the jury to express assent to a verdict they did not reach by their own deliberations serves no useful purpose and may give offense to the members of the jury. See 2B Barron & Holtzoff, Federal Practice and Procedure Sec. 1072, at 367 (Wright ed. 1961); Blume, Origin and Development of the Directed Verdict, 48 Mich.L.Rev. 555, 582-85, 589-90 (1950). The final sentence of the subdivision, added by amendment, provides that the court's order granting a motion for a directed verdict is effective in itself, and that no action need be taken by the foreman or other members of the jury. See Ariz.R.Civ.P. 50(c); cf. Fed.R.Crim.P. 29 (a). No change is intended in the standard to be applied in deciding the motion. To assure this interpretation, and in the interest of simplicity, the traditional term, 'directed verdict,' is retained. Subdivision (b). A motion for judgment notwithstanding the verdict will not lie unless it was preceded by a motion for a directed verdict made at the close of all the evidence. The amendment of the second sentence of this subdivision sets the time limit for making the motion for judgment n.o.v. at 10 days after the entry of judgment, rather than 10 days after the reception of the verdict. Thus the time provision is made consistent with that contained in Rule 59(b) (time for motion for new trial) and Rule 52(b) (time for motion to amend findings by the court). Subdivision (c) deals with the situation where a party joins a motion for a new trial with his motion for judgment n.o.v. or prays for a new trial in the alternative, and the motion for judgment n.o.v. is granted. The procedure to be followed in making rulings on the motion for the new trial, and the consequences of the rulings thereon, were partly set out in Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 253, 61 S.Ct. 189, 85 L.Ed. 147 (1940), and have been further elaborated in later cases. See Cone v. West Virginia Pulp & Paper Co., 330 U.S. 212, 67 S.Ct. 752, 91 L.Ed. 849 (1947); Globe Liquor Co., Inc. v. San Roman, 332 U.S. 571, 68 S.Ct. 246, 92 L.Ed. 177 (1948); Fountain v. Filson, 336 U.S. 681, 69 S.Ct. 754, 93 L.Ed. 971 (1949); Johnson v. New York, N.H. & H.R.R. Co., 344 U.S. 48, 73 S.Ct. 125, 97 L.Ed. 77 (1952). However, courts as well as counsel have often misunderstood the procedure, and it will be helpful to summarize the proper practice in the text of the rule. The amendments do not alter the effects of a jury verdict or the scope of appellate review. In the situation mentioned, subdivision (c)(1) requires that the court make a 'conditional' ruling on the new-trial motion, i.e., a ruling which goes on the assumption that the motion for judgment n.o.v. was erroneously granted and will be reversed or vacated; and the court is required to state its grounds for the conditional ruling. Subdivision (c)(1) then spells out the consequences of a reversal of the judgment in the light of the conditional ruling on the new-trial motion. If the motion for new trial has been conditionally granted, and the judgment is reversed, 'the new trial shall proceed unless the appellate court has otherwise ordered.' The party against whom the judgment n.o.v. was entered below may, as appellant, besides seeking to overthrow that judgment, also attack the conditional grant of the new trial. And the appellate court, if it reverses the judgment n.o.v., may in an appropriate case also reverse the conditional grant of the new trial and direct that judgment be entered on the verdict. See Bailey v. Slentz, 189 F.2d 406 (10th Cir. 1951); Moist Cold Refrigerator Co. v. Lou Johnson Co., 249 F.2d 246 (9th Cir. 1957), cert. denied, 356 U.S. 968, 78 S.Ct. 1008, 2 L.Ed.2d 1074 (1958); Peters v. Smith, 221 F.2d 721 (3d Cir.1955); Dailey v. Timmer, 292 F.2d 824 (3d Cir. 1961), explaining Lind v. Schenley Industries, Inc., 278 F.2d 79 (3d Cir.), cert. denied, 364 U.S. 835, 81 S.Ct. 58, 5 L.Ed.2d 60 (1960); Cox v. Pennsylvania R.R., 120 A.2d 214 (D.C.Mun.Ct.App. 1956); 3 Barron & Holtzoff, Federal Practice and Procedure Sec. 1302.1 at 346-47 (Wright ed. 1958); 6 Moore's Federal Practice 59.16 at 3915 n. 8a (2d ed. 1954). If the motion for a new trial has been conditionally denied, and the judgment is reversed, 'subsequent proceedings shall be in accordance with the order of the appellate court.' The party in whose favor judgment n.o.v. was entered below may, as appellee, besides seeking to uphold that judgment, also urge on the appellate court that the trial court committed error in conditionally denying the new trial. The appellee may assert this error in his brief, without taking a cross-appeal. Cf. Patterson v. Pennsylvania R.R., 238 F.2d 645, 650 (6th Cir. 1956); Hughes v. St. Louis Nat. L. Baseball Club, Inc., 359 Mo. 993, 997, 224 S.W.2d 989, 992 (1949). If the appellate court concludes that the judgment cannot stand, but accepts the appellee's contention that there was error in the conditional denial of the new trial, it may order a new trial in lieu of directing the entry of judgment upon the verdict. Subdivision (c)(2), which also deals with the situation where the trial court has granted the motion for judgment n.o.v., states that the verdict-winner may apply to the trial court for a new trial pursuant to Rule 59 after the judgment n.o.v. has been entered against him. In arguing to the trial court in opposition to the motion for judgment n.o.v., the verdict-winner may, and often will, contend that he is entitled, at the least, to a new trial, and the court has a range of discretion to grant a new trial or (where plaintiff won the verdict) to order a dismissal of the action without prejudice instead of granting judgment n.o.v. See Cone v. West Virginia Pulp & Paper Co., supra, 330 U.S. at 217, 218 67 S.Ct. at 755, 756, 91 L.Ed. 849. Subdivision (c)(2) is a reminder that the verdict-winner is entitled, even after entry of judgment n.o.v. against him, to move for a new trial in the usual course. If in these circumstances the motion is granted, the judgment is superseded. In some unusual circumstances, however, the grant of the new-trial motion may be only conditional, and the judgment will not be superseded. See the situation in Tribble v. Bruin, 279 F.2d 424 (4th Cir. 1960) (upon a verdict for plaintiff, defendant moves for and obtains judgment n.o.v.; plaintiff moves for a new trial on the ground of inadequate damages; trial court might properly have granted plaintiff's motion, conditional upon reversal of the judgment n.o.v.). Even if the verdict-winner makes no motion for a new trial, he is entitled upon his appeal from the judgment n.o.v. not only to urge that that judgment should be reversed and judgment entered upon the verdict, but that errors were committed during the trial which at the least entitle him to a new trial. Subdivision (d) deals with the situation where judgment has been entered on the jury verdict, the motion for judgment n.o.v. and any motion for a new trial having been denied by the trial court. The verdict-winner, as appellee, besides seeking to uphold the judgment, may urge upon the appellate court that in case the trial court is found to have erred in entering judgment on the verdict, there are grounds for granting him a new trial instead of directing the entry of judgment for his opponent. In appropriate cases the appellate court is not precluded from itself directing that a new trial be had. See Weade v. Dichmann, Wright & Pugh, Inc., 337 U.S. 801, 69 S.Ct. 1326, 93 L.Ed. 1704 (1949). Nor is it precluded in proper cases from remanding the case for a determination by the trial court as to whether a new trial should be granted. The latter course is advisable where the grounds urged are suitable for the exercise of trial court discretion. Subdivision (d) does not attempt a regulation of all aspects of the procedure where the motion for judgment n.o.v. and any accompanying motion for a new trial are denied, since the problems have not been fully canvassed in the decisions and the procedure is in some respects still in a formative stage. It is, however, designed to give guidance on certain important features of the practice. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Motions for directed verdict abolished in criminal cases, see rule 29, Title 18, Appendix, Crimes and Criminal Procedure. CROSS REFERENCES Grounds for new trial, see rule 59. Involuntary dismissal at end of plaintiff's case, see rule 41. ------DocID 37481 Document 23 of 1268------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 50 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 50. Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict -STATUTE- (a) Motion for Directed Verdict - When Made - Effect. A party who moves for a directed verdict at the close of evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury. (b) Motion for Judgment Notwithstanding the Verdict. Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Not later than 30 days after entry of judgment, a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with the party's motion for a directed verdict; or if a verdict was not returned such party, within 10 days after the jury has been discharged, may move for judgment in accordance with the party's motion for a directed verdict. A motion for a new trial may be joined with this motion, or a new trial may be prayed for in the alternative. If a verdict was returned the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned the court may direct the entry of judgment as if the requested verdict had been directed or may order a new trial. (c) Motion for Judgment Notwithstanding the Verdict - Conditional Rulings on Grant of Motion. (1) If the motion for judgment notwithstanding the verdict, provided for in subdivision (b) of this rule, is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court. (2) The party whose verdict has been set aside on motion for judgment notwithstanding the verdict may serve a motion for a new trial pursuant to Rule 59 not later than 30 days after entry of the judgment notwithstanding the verdict. (d) Motion for Judgment Notwithstanding the Verdict - Denial of Motion. If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling the party to a new trial in the event the appellate court concludes that this court erred in denying the motion for judgment notwithstanding the verdict. If the appellate court reverses the judgment, nothing in this rule precludes it from determining that the appellee is entitled to a new trial, or from directing this court to determine whether a new trial shall be granted. -SOURCE- (As amended July 28, 1988, eff. Nov. 1, 1988.) -MISC1- PRACTICE COMMENT Rule 50(b) permits a party simultaneously to move for a new trial and for judgment notwithstanding the verdict. The time for filing a motion for a new trial in the court, 30 days, is governed by 28 U.S.C. Sec. 2646. To avoid confusion and inefficiency, Rule 50(b) provides the same 30-day filing period for any motion filed thereunder. In contrast, Rule 50(b) of the Federal Rules of Civil Procedure provides a 10-day period. However, motions for new trials in courts in which the Federal Rules of Civil Procedure apply are not subject to 28 U.S.C. Sec. 2646. Rule 50(c)(2) provides a 30-day period within which to move for a new trial pursuant to Rule 59. The corresponding period provided by Rule 50(c)(2) of the Federal Rules of Civil Procedure is 10 days. The lengthier period to file such a motion in the court is mandated by 28 U.S.C. Sec. 2646. ------DocID 37623 Document 24 of 1268------ -CITE- 29 USC Sec. 50 -EXPCITE- TITLE 29 CHAPTER 4C -HEAD- Sec. 50. Promotion of labor standards of apprenticeship -STATUTE- The Secretary of Labor is authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Secretary of Education in accordance with section 17 of title 20. For the purposes of this chapter the term 'State' shall include the District of Columbia. -SOURCE- (Aug. 16, 1937, ch. 663, Sec. 1, 50 Stat. 664; 1939 Reorg. Plan No. I, Sec. 201, 204, 206, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, 1425; July 12, 1943, ch. 221, title VII, 57 Stat. 518; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 204(h), 87 Stat. 784; Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(1), 93 Stat. 677.) -REFTEXT- REFERENCES IN TEXT Section 17 of title 20, referred to in text, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643. -COD- CODIFICATION Words 'with the National Youth Administration' were omitted from text in view of abolition of National Youth Administration by act July 12, 1943. -MISC3- AMENDMENTS 1973 - Pub. L. 93-198 inserted provision that 'State' includes the District of Columbia. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-198 effective July 1, 1974, see section 771(b) of Pub. L. 93-198, set out in part as a note under section 49b of this title. SHORT TITLE The act of Aug. 16, 1937, ch. 663, 50 Stat. 664, which enacted this chapter, is popularly known as the 'National Apprenticeship Act'. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Education' substituted in text for 'Office of Education under the Department of Health, Education, and Welfare', pursuant to section 301(a)(1) of Pub. L. 96-88, which is classified to section 3441(a)(1) of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Reorg. Plan No. I of 1939, consolidated National Youth Administration and Office of Education, with other agencies, into Federal Security Agency under supervision and direction of Federal Security Administrator. ------DocID 38522 Document 25 of 1268------ -CITE- 30 USC Sec. 50 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 50. Grants to States or corporations not to include mineral lands -STATUTE- No act passed at the first session of the Thirty-eighth Congress, granting lands to States or corporations to aid in the construction of roads or for other purposes, or to extend the time of grants made prior to the 30th day of January 1865 shall be so construed as to embrace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the act or acts making the grant. -SOURCE- (R.S. Sec. 2346.) -REFTEXT- REFERENCES IN TEXT The first session of the Thirty-eighth Congress, referred to in text, was begun Dec. 7, 1863, and ended July 4, 1864, 13 Stat. 1 to 417, contain legislation passed at such session. -COD- CODIFICATION R.S. Sec. 2346 derived from Res. Jan. 30, 1865, No. 10, 13 Stat. 567. -CROSS- CROSS REFERENCES Selection of coal lands by the several States reserving the coal to the United States, see section 90 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 102 of this title; title 16 section 460mm-1. ------DocID 39730 Document 26 of 1268------ -CITE- 33 USC Sec. 50 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 50. Turtle Bay and Turtle Bayou, Texas -STATUTE- Turtle Bay and Turtle Bayou, in Chambers County, in the State of Texas, are declared to be nonnavigable waterways within the meaning of the Constitution and laws of the United States of America. The existing project for Turtle Bayou, Texas, authorized by the Rivers and Harbors Act approved June 25, 1910 (Act June 25, 1910, ch. 382, 36 Stat. 630), is abandoned. The right of Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Mar. 10, 1937, ch. 36, Sec. 1-3, 50 Stat. 28.) -REFTEXT- REFERENCES IN TEXT The Rivers and Harbors Act approved June 25, 1910, referred to in text, is act June 25, 1910, ch. 382, 36 Stat. 630, as amended, which is classified to sections 546, 564, and 643 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 41186 Document 27 of 1268------ -CITE- 36 USC Sec. 50 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 50. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege herein granted or conferred the American Legion shall file in the office of the secretary of state of each State the name and post-office address of an authorized agent in such State upon whom legal process or demands against the American Legion may be served. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 9 1/2, 41 Stat. 285.) ------DocID 42050 Document 28 of 1268------ -CITE- 36 USC CHAPTER 50 -EXPCITE- TITLE 36 CHAPTER 50 -HEAD- CHAPTER 50 - UNITED STATES SUBMARINE VETERANS OF WORLD WAR II -MISC1- Sec. 1801. Recognition as corporation and grant of Federal charter. 1802. Powers of corporation. 1803. Objects and purposes of corporation. 1804. Service of process. 1805. Membership. 1806. Board of directors. 1807. Officers. 1808. Restrictions. (a) Distribution of income or assets to members. (b) Loans. (c) Political activities. (d) Issuance of stock; dividends. (e) Claim of approval or authorization. 1809. Liability for acts of officers and agents. 1810. Books and records; inspection. 1811. Annual report. 1812. Reservation of right to amend or repeal chapter. 1813. 'State' defined. 1814. Tax-exempt status. 1815. Failure to comply with restrictions or provisions. ------DocID 43756 Document 29 of 1268------ -CITE- 39 USC CHAPTER 50 -EXPCITE- TITLE 39 PART V CHAPTER 50 -HEAD- CHAPTER 50 - GENERAL -MISC1- Sec. 5001. Provisions for carrying mail. 5002. Transportation of mail of adjoining countries through the United States. 5003. Establishment of post roads. 5004. Discontinuance of service on post roads. 5005. Mail transportation. 5006. Lien on compensation of contractor. 5007. Free transportation of postal employees. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 49 section 10721. ------DocID 43849 Document 30 of 1268------ -CITE- 40 USC Sec. 50 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 50. Reports by Chief of Engineers -STATUTE- The Chief of Engineers shall, as superintendent of the Washington Aqueduct, annually submit to the Secretary of the Army, within nine months after the end of the fiscal year, a report of the Chief of Engineers' operations for that year and a report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under the Chief of Engineers' charge. -SOURCE- (R.S. Sec. 1812; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Oct. 19, 1980, Pub. L. 96-470, title II, Sec. 202(a), 94 Stat. 2242.) -COD- CODIFICATION R.S. Sec. 1812 derived from acts Mar. 3, 1829, ch. 51, Sec. 3, 4 Stat. 363; Aug. 4, 1854, ch. 242, Sec. 15, 10 Stat. 573; Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435; June 25, 1860, ch. 211, Sec. 1, 12 Stat. 106. Provisions of this section which authorized the Chief of Engineers, as Superintendent of Public Buildings and Grounds, to report to the Secretary of War (Army) concerning the Chief of Engineers' operations for the preceding year including an account of the manner in which all appropriations for public buildings and grounds had been applied, were omitted in view of the abolishment of the Office of Public Buildings and Grounds under the Chief of Engineers and the transfer of the functions of the Chief of Engineers and the Secretary of War with respect thereto to the Director of Public Buildings and Public Parks of the National Capital by act Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983. -MISC3- AMENDMENTS 1980 - Pub. L. 96-470 substituted 'within nine months after the end of the fiscal year, a report of the Chief of Engineers' operations for that year' for 'in time to accompany the annual message of the President to Congress, a report of his operations for the preceding year' and 'the Chief of Engineers' charge' for 'his charge'. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 44629 Document 31 of 1268------ -CITE- 41 USC Sec. 50 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 50. 'Defense contractor' defined -STATUTE- As used in sections 49 and 50 of this title the term 'defense contractor' means an employer engaged in - (1) the production, maintenance, or storage of arms, armament, ammunition, implements of war, munitions, machinery, tools, clothing, food, fuel, or any articles or supplies, or parts or ingredients of any articles or supplies; or (2) the construction, reconstruction, repair, or installation of a building, plant, structure, or facility; under a contract with the United States or under any contract which the President, the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, or the Secretary of Transportation certifies to such employer to be necessary to the national defense. -SOURCE- (June 22, 1942, ch. 432, Sec. 2, 56 Stat. 376; July 26, 1947, ch. 343, title II, Sec. 205(a), 207(a), (f), 61 Stat. 501-503; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(16), 95 Stat. 154.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-31 substituted reference to Secretary of Transportation for reference to United States Maritime Commission. -CHANGE- CHANGE OF NAME Secretary of the Air Force inserted in text under authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of such act July 26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947 were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces', which in sections 3010 to 3013 and 8010 to 8013 continued Departments of the Army and Air Force under administrative supervision of Secretary of the Army and Secretary of the Air Force, respectively. ------DocID 45783 Document 32 of 1268------ -CITE- 42 USC Sec. 300ff-50 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIV Part C subpart i -HEAD- Sec. 300ff-50. Authorization of appropriations -STATUTE- For the purpose of making grants under section 300ff-41 of this title, there are authorized to be appropriated $230,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1995. -SOURCE- (July 1, 1944, ch. 373, title XXVI, Sec. 2650, as added Aug. 18, 1990, Pub. L. 101-381, title III, Sec. 301(a), 104 Stat. 606.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300ff-41, 300ff-49 of this title. ------DocID 47956 Document 33 of 1268------ -CITE- 42 USC CHAPTER 50 -EXPCITE- TITLE 42 CHAPTER 50 -HEAD- CHAPTER 50 - NATIONAL FLOOD INSURANCE -MISC1- Sec. 4001. Congressional findings and declaration of purpose. (a) Necessity and reasons for flood insurance program. (b) Participation of Federal Government in flood insurance program carried out by private insurance industry. (c) Unified national program for flood plain management. (d) Authorization of flood insurance program; flexibility in program. (e) Land use adjustments by State and local governments; development of proposed future construction; assistance of lending and credit institutions; relation of Federal assistance to all flood-related programs; continuing studies. (f) Mudslides. (g) Erosion and undermining of shorelines by waves or currents. 4002. Additional Congressional findings and declaration of purpose. 4003. Additional definitions. SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM 4011. Authorization to establish and carry out program; participation by insurance companies and other insurers. 4012. Scope of program and priorities. (a) Priority for insurance for certain residential and church properties and business concerns. (b) Availability of insurance for other properties. (c) Availability of insurance in States or areas evidencing positive interest in securing insurance and assuring adoption of adequate land use and control measures. 4012a. Requirement of flood insurance for Federal approval of financial assistance. (a) Amount and term of coverage. (b) Federal regulations for flood insurance requirement; amount of coverage. (c) State-owned property; exemption; list of States. 4013. Nature and limitation of insurance coverage. (a) Regulations respecting general terms and conditions of insurability. (b) Regulations respecting amount of coverage. (c) Schedule for payment of flood insurance for structures on land subject to imminent collapse or subsidence. 4014. Estimates of premium rates. (a) Studies and investigations. (b) Utilization of services of other Departments and agencies. (c) Priority to studies and investigations in States or areas evidencing positive interest in securing insurance under program. (d) Parishes of Louisiana; premium rates. (e) Eligibility of community making adequate progress on construction of flood protection system for rates not exceeding those applicable to completed flood protection system; determination of adequate progress. 4015. Chargeable premium rates. (a) Establishment; terms and conditions. (b) Considerations for rates. (c) Rate with respect to property the construction or substantial improvement of which has been started after December 31, 1974, or effective date of initial rate map published for area in which property is located, whichever is later. (d) Payment of certain sums to Director; deposits in Fund. 4016. Financing provisions; issuance of notes or other obligations; limitation; report to Congressional committees; deposits in Fund. 4017. National Flood Insurance Fund. (a) Establishment; availability. (b) Credits to Fund. (c) Investment of moneys in obligations issued or guaranteed by United States. (d) Availability of Fund if operation of program is carried out through facilities of Federal Government. (e) Annual budget. (f) Availability of funds dependent on future appropriations acts. 4018. Operating costs and allowances; definitions. 4019. Payment of claims. 4020. Dissemination of flood insurance information. 4021. Repealed. 4022. State and local land use controls. 4023. Properties in violation of State and local law. 4024. Coordination with other programs. 4025. Flood insurance advisory committee. (a) Appointment; duties. (b) Membership. (c) Compensation and travel expenses. 4026. Expiration of program. 4027. Biennial report to President. 4028. Coastal Barrier Resources System. 4029. Colorado River Floodway. (a) Renewal and transfer of policies; acquisition of policies after filing of maps. (b) New coverage for new construction or substantial improvements. (c) Establishment of temporary boundaries. (d) Loans by federally supervised, approved, regulated, or insured financial institutions. SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE PROGRAM 4041. Implementation of program. PART A - INDUSTRY PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE 4051. Industry flood insurance pool; requirements for participation. 4052. Agreements with flood insurance pool. (a) Authorization. (b) Terms and conditions. (c) Additional provisions. 4053. Adjustment and payment of claims; judicial review; limitations; jurisdiction. 4054. Premium equalization payments; basis; aggregate amount; establishment of designated periods. 4055. Reinsurance coverage. (a) Availability for excess losses. (b) Availability pursuant to contract, agreement, or other arrangement; payment of premium, fee, or other charge. (c) Excess loss agreement; negotiation. (d) Submission of excess losses on portfolio basis. 4056. Emergency implementation of flood insurance program; applicability of other provisions of law. PART B - GOVERNMENT PROGRAM WITH INDUSTRY ASSISTANCE 4071. Federal operation of program; determination by Director; fiscal agents; report to Congress. 4072. Adjustment and payment of claims; judicial review; limitations; jurisdiction. PART C - GENERAL PROVISIONS 4081. Services by insurance industry; contracts, agreements, or other arrangements. 4082. Use of insurance pool, companies, or other private organizations for certain payments. (a) Authorization to enter into contracts for certain responsibilities. (b) Terms and conditions of contract. (c) Competitive bidding. (d) Findings of Director. (e) Bond; liability of certifying officers and disbursing officers. (f) Term of contract; renewals; termination. 4083. Settlement of claims; arbitration. 4084. Records and audits. SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS 4101. Identification of flood-prone areas. (a) Publication of information; establishment of flood-risk zones; estimates of flood-caused loss. (b) Accelerated identification of flood-risk zones; authority of Director: grants, technical assistance, transactions, and payments. (c) Priority in allocation of manpower and other available resources for identification and mapping of flood hazard areas and flood-risk zones. (d) Plan for bringing communities with flood-risk zones into full program status. 4102. Criteria for land management and use. (a) Studies and investigations. (b) Extent of studies and investigations. (c) Development of comprehensive criteria designed to encourage adoption of adequate State and local measures. 4103. Purchase of insured properties damaged substantially beyond repair by flood. (a) Transfers to State or local agencies for use for prescribed period consistent with sound land management and use. (b) Real property purchases; single casualty damages. (c) Low-interest loans for single-family dwellings; authorization of appropriations. (d) Regulations. 4104. Flood elevation determinations. (a) Publication or notification of proposed flood elevation determinations. (b) Publication of flood elevation determinations; appeal of owner or lessee to local government; scientific or technical knowledge or information as basis for appeal; modification of proposed determinations. (c) Appeals by private persons; submission of negativing or contradicting data to community; opinion of community respecting justification for appeal by community; transmission of individual appeals to Director; filing of community action with Director. (d) Administrative review of appeals by private persons; modification of proposed determinations; decision of Director: form and distribution. (e) Administrative review of appeals by community; agencies for resolution of conflicting data; availability of flood insurance pending such resolution; time for determination of Director; community adoption of local land use and control measures within reasonable time of final determination; public inspection and admissibility in evidence of reports and other administrative information. (f) Reimbursement of certain expenses; appropriation authorization. (g) Judicial review of final administrative determinations; venue; time for appeal; scope of review; good cause for stay of final determinations. 4104a. Notification of purchaser or lessee of special flood hazards in area of location of improved real estate or mobile home securing loan; regulations prescribing procedures. 4105. Disaster mitigation requirements; notification to flood-prone areas. (a) Initial notification. (b) Alternative actions of tentatively identified communities; public hearing; opportunity for submission of evidence; finality of administrative determination of existence or extent of flood hazard area. (c) Subsequent notification to additional communities known to be flood prone areas. (d) Provisions of section 4106 applicable to flood-prone communities disqualified for flood insurance program. (e) Administrative procedures; establishment; reimbursement of certain expenses; appropriation authorization. 4106. Nonparticipation in flood insurance program. (a) Prohibition against Federal approval of financial assistance. (b) Notification of purchaser or lessee of property in flood hazard area of availability of Federal disaster relief assistance in event of a flood disaster. 4107. Consultation with local officials; scope. SUBCHAPTER IV - GENERAL PROVISIONS 4121. Definitions. 4122. Studies of other natural disasters; cooperation and consultation with other departments and agencies. 4123. Advance payments. 4124. Applicability of fiscal controls. 4125. Finality of certain financial transactions. 4126. Administrative expenses. 4127. Authorization of appropriations; availability. 4128. Rules and regulations. 4129. Federal Insurance Administrator; establishment of position. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 4012a, 4107, 5172 of this title; title 16 section 3505; title 33 section 2318; title 43 section 1600k. ------DocID 51021 Document 34 of 1268------ -CITE- 43 USC Sec. 50 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 50. Survey's share of cost of topographic mapping or water resources investigations carried on with States -STATUTE- The share of the Geological Survey in any topographic mapping or water resources investigations carried on in cooperation with any State or municipality shall not exceed 50 per centum of the cost thereof. -SOURCE- (Nov. 5, 1990, Pub. L. 101-512, title I, 104 Stat. 1924.) -COD- CODIFICATION Section text is based on act July 31, 1953, ch. 298, title I, Sec. 1, 67 Stat. 269, as continued for the fiscal year covered by the appropriation act cited as the credit to this section. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Oct. 23, 1989, Pub. L. 101-121, title I, 103 Stat. 710. Sept. 27, 1988, Pub. L. 100-446, title I, 102 Stat. 1790. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(g) (title I), 101 Stat. 1329-213, 1329-224. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(h) (title I), 100 Stat. 1783-242, 1783-252, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(h) (title I), 100 Stat. 3341-242, 3341-252. Dec. 19, 1985, Pub. L. 99-190, Sec. 101(d) (title I), 99 Stat. 1224, 1231. Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(c) (title I), 98 Stat. 1837, 1845. Nov. 4, 1983, Pub. L. 98-146, title I, 97 Stat. 926. Dec. 30, 1982, Pub. L. 97-394, title I, 96 Stat. 1972. Dec. 23, 1981, Pub. L. 97-100, title I, 95 Stat. 1397. Dec. 12, 1980, Pub. L. 96-514, title I, 94 Stat. 2963. Nov. 27, 1979, Pub. L. 96-126, title I, 93 Stat. 961. Oct. 17, 1978, Pub. L. 95-465, title I, 92 Stat. 1285. July 26, 1977, Pub. L. 95-74, title I, 91 Stat. 290. July 31, 1976, Pub. L. 94-373, title I, 90 Stat. 1048. Dec. 23, 1975, Pub. L. 94-165, title I, 89 Stat. 983. Aug. 31, 1974, Pub. L. 93-404, title I, 88 Stat. 808. Oct. 4, 1973, Pub. L. 93-120, title I, 87 Stat. 434. Aug. 10, 1972, Pub. L. 92-369, title I, 86 Stat. 513. Aug. 10, 1971, Pub. L. 92-76, title I, 85 Stat. 234. July 31, 1970, Pub. L. 91-361, title I, 84 Stat. 674. Oct. 29, 1969, Pub. L. 91-98, title I, 83 Stat. 152. July 26, 1968, Pub. L. 90-425, title I, 82 Stat. 431. June 24, 1967, Pub. L. 90-28, title I, 81 Stat. 64. May 31, 1966, Pub. L. 89-435, title I, 80 Stat. 175. June 28, 1965, Pub. L. 89-52, title I, 79 Stat. 181. July 7, 1964, Pub. L. 88-356, title I, 78 Stat. 280. July 26, 1963, Pub. L. 88-79, title I, 77 Stat. 103. Aug. 9, 1962, Pub. L. 87-578, title I, 76 Stat. 341. Aug. 3, 1961, Pub. L. 87-122, title I, 75 Stat. 252. May 13, 1960, Pub. L. 86-455, title I, 74 Stat. 108. June 23, 1959, Pub. L. 86-60, title I, 73 Stat. 96. June 4, 1958, Pub. L. 85-439, title I, 72 Stat. 159. July 1, 1957, Pub. L. 85-77, title I, 71 Stat. 261. June 13, 1956, ch. 380, title I, 70 Stat. 261. June 16, 1955, ch. 147, title I, 69 Stat. 145. July 1, 1954, ch. 446, title I, 68 Stat. 368. July 31, 1953, ch. 298, title I, 67 Stat. 269. July 9, 1952, ch. 597, title I, 66 Stat. 454. Aug. 31, 1951, ch. 375, title I, 65 Stat. 259. Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 690. ------DocID 51022 Document 35 of 1268------ -CITE- 43 USC Sec. 50-1 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 50-1. Funds for mappings and investigations considered intragovernmental funds -STATUTE- Beginning October 1, 1990, and thereafter, funds received from any State, territory, possession, country, international organization, or political subdivision thereof, for topographic, geologic, or water resources mapping or investigations involving cooperation with such an entity shall be considered as intragovernmental funds as defined in the publication titled 'A Glossary of Terms Used in the Federal Budget Process'. -SOURCE- (Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1924.) ------DocID 54336 Document 36 of 1268------ -CITE- 48 USC Sec. 50, 50a -EXPCITE- TITLE 48 CHAPTER 2 -HEAD- Sec. 50, 50a. Repealed. July 28, 1956, ch. 772, title III, Sec. 301(a)(4), 70 Stat. 712 -MISC1- Section 50, acts Apr. 24, 1926, ch. 177, Sec. 1, 44 Stat. 322; Oct. 14, 1942, ch. 601, Sec. 4, 56 Stat. 783; July 28, 1956, ch. 772, title III, Sec. 301(b)(1), 70 Stat. 712, related to disposition of unclaimed funds of insane persons. Section 50a, acts Apr. 24, 1926, ch. 177, Sec. 2, 44 Stat. 322; Oct. 14, 1942, ch. 601, Sec. 5, 56 Stat. 783; July 28, 1956, ch. 772, title III, Sec. 301(b)(1), 70 Stat. 712, related to funds which were subject to such claims. ------DocID 55258 Document 37 of 1268------ -CITE- 49 USC APPENDIX - TRANSPORTATION Sec. 50 -EXPCITE- TITLE 49, APPENDIX CHAPTER 2 -HEAD- Sec. 50. Repealed. Pub. L. 95-473, Sec. 4(b), (c), Oct. 17, 1978, 92 Stat. 1466, 1470 -MISC1- Section repealed subject to an exception related to transportation of oil by pipeline. For disposition of this section in revised Title 49, Transportation, see Table at beginning of Title 49. See, also, notes following Table. Prior to repeal, section read as follows: Sec. 50. Agent in Washington for service; service in default of designation It shall be the duty of every common carrier subject to the provisions of chapter 1 of this Appendix to designate in writing an agent in the city of Washington, District of Columbia, upon whom service of all notices and processes may be made for and on behalf of said common carrier in any proceeding or suit pending before the Interstate Commerce Commission or before the district court, and to file such designation in the office of the secretary of the Interstate Commerce Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and processes may be made upon such common carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the city of Washington, with like effect as if made personally upon such common carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Interstate Commerce Commission or district court may be made by posting such notice or process in the office of the secretary of the Interstate Commerce Commission. (June 18, 1910, ch. 309, Sec. 6, 36 Stat. 544; Oct. 22, 1913, ch. 32, 38 Stat. 219.) ------DocID 7019 Document 38 of 1268------ -CITE- 2 USC Sec. 50 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 50. Substitute to sign certificates for salary and accounts -STATUTE- The Speaker is authorized to designate from time to time some one from among those appointed by him and appropriated for and employed in his office, whose duty it shall be under the direction of the Speaker to sign in his name and for him all certificates required by section 48 of this title for salary and accounts for traveling expenses in going to and returning from Congress of Representatives and Delegates. -SOURCE- (Nov. 12, 1903, P. Res. No. 1, 33 Stat. 1.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 55940 Document 39 of 1268------ -CITE- 50 USC CHAPTER 1 -EXPCITE- TITLE 50 CHAPTER 1 -HEAD- CHAPTER 1 - COUNCIL OF NATIONAL DEFENSE -MISC1- Sec. 1. Creation, purpose, and composition of council. 2. Advisory commission. 3. Duties of council. 4. Rules and regulations; subordinate bodies and committees. 5. Reports of subordinate bodies and committees; unvouchered expenditures. 6. Repealed. ------DocID 55941 Document 40 of 1268------ -CITE- 50 USC Sec. 1 -EXPCITE- TITLE 50 CHAPTER 1 -HEAD- Sec. 1. Creation, purpose, and composition of council -STATUTE- A Council of National Defense is established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor. -SOURCE- (Aug. 29, 1916, ch. 418, Sec. 2, 39 Stat. 649; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Sections 1 to 5 of this title are from section 2 of act Aug. 29, 1916, popularly known as the Army Appropriation Act for the fiscal year 1916. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain membership functions, insofar as they pertain to Air Force, which functions were not previously transferred from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 40 (App. C(11)), July 22, 1949. -CROSS- CROSS REFERENCES National Security Council and Central Intelligence Agency, see section 401 et seq. of this title. ------DocID 55942 Document 41 of 1268------ -CITE- 50 USC Sec. 2 -EXPCITE- TITLE 50 CHAPTER 1 -HEAD- Sec. 2. Advisory commission -STATUTE- The Council of National Defense shall nominate to the President, and the President shall appoint, an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work. -SOURCE- (Aug. 29, 1916, ch. 418, Sec. 2, 39 Stat. 649.) -MISC1- TERMINATION OF ADVISORY COMMISSIONS Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 55943 Document 42 of 1268------ -CITE- 50 USC Sec. 3 -EXPCITE- TITLE 50 CHAPTER 1 -HEAD- Sec. 3. Duties of council -STATUTE- It shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the Nation. -SOURCE- (Aug. 29, 1916, ch. 418, Sec. 2, 39 Stat. 649; Nov. 9, 1921, ch. 119, Sec. 3, 42 Stat. 212.) -COD- CODIFICATION The words 'extensive highways and' which preceded 'branch lines of railroad' omitted on authority of act Nov. 9, 1921, which transferred powers and duties of Council relating to highways to Secretary of Commerce. ------DocID 55944 Document 43 of 1268------ -CITE- 50 USC Sec. 4 -EXPCITE- TITLE 50 CHAPTER 1 -HEAD- Sec. 4. Rules and regulations; subordinate bodies and committees -STATUTE- The Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may organize subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed. -SOURCE- (Aug. 29, 1916, ch. 418, Sec. 2, 39 Stat. 650.) -MISC1- TERMINATION OF ADVISORY COMMISSIONS Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 55945 Document 44 of 1268------ -CITE- 50 USC Sec. 5 -EXPCITE- TITLE 50 CHAPTER 1 -HEAD- Sec. 5. Reports of subordinate bodies and committees; unvouchered expenditures -STATUTE- Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto. When deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures. -SOURCE- (Aug. 29, 1916, ch. 418, Sec. 2, 39 Stat. 650; Aug. 7, 1946, ch. 770, Sec. 1(53), 60 Stat. 870.) -COD- CODIFICATION Second sentence was from a proviso to the first sentence, which was affected by act Aug. 7, 1946. -MISC3- AMENDMENTS 1946 - Act Aug. 7, 1946, repealed all provisions requiring annual reports to Congress of the Council's activities and expenditures. TERMINATION OF ADVISORY COMMISSIONS Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 55946 Document 45 of 1268------ -CITE- 50 USC Sec. 6 -EXPCITE- TITLE 50 CHAPTER 1 -HEAD- Sec. 6. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644 -MISC1- Section, act June 5, 1920, ch. 235, 41 Stat. 886, placed a limit on salaries of officers and employees of Council of National Defense. ------DocID 55947 Document 46 of 1268------ -CITE- 50 USC CHAPTER 2 -EXPCITE- TITLE 50 CHAPTER 2 -HEAD- CHAPTER 2 - BOARD OF ORDNANCE AND FORTIFICATION ------DocID 55948 Document 47 of 1268------ -CITE- 50 USC Sec. 11 to 15 -EXPCITE- TITLE 50 CHAPTER 2 -HEAD- Sec. 11 to 15. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029 -MISC1- Section 11, act Sept. 22, 1888, ch. 1028, Sec. 1, 25 Stat. 489, related to composition and duties of Board of Ordnance and Fortification. Section 12, act Feb. 24, 1891, ch. 283, 26 Stat. 769, provided for a civilian member of Board. Section 13, act Mar. 2, 1901, ch. 803, 31 Stat. 910, provided for additional members of Board. Section 14, act Feb. 18, 1893, ch. 136, 27 Stat. 461, related to qualifications of Board Members. Section 15, act Sept. 22, 1888, ch. 1028, Sec. 6, 25 Stat. 490, related to purchases and tests. ------DocID 55949 Document 48 of 1268------ -CITE- 50 USC CHAPTER 3 -EXPCITE- TITLE 50 CHAPTER 3 -HEAD- CHAPTER 3 - ALIEN ENEMIES -MISC1- Sec. 21. Restraint, regulation, and removal. 22. Time allowed to settle affairs and depart. 23. Jurisdiction of United States courts and judges. 24. Duties of marshals. ------DocID 55950 Document 49 of 1268------ -CITE- 50 USC Sec. 21 -EXPCITE- TITLE 50 CHAPTER 3 -HEAD- Sec. 21. Restraint, regulation, and removal -STATUTE- Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety. -SOURCE- (R.S. Sec. 4067; Apr. 16, 1918, ch. 55, 40 Stat. 531.) -COD- CODIFICATION R.S. Sec. 4067 derived from act July 6, 1798, ch. 66, Sec. 1, 1 Stat. 577. -MISC3- AMENDMENTS 1918 - Act Apr. 16, 1918, struck out provision restricting this section to males. WORLD WAR II PROCLAMATIONS The following proclamations under this section were issued during World War II: Proc. No. 2525, Dec. 7, 1941, 6 F.R. 6321, 55 Stat. Pt. 2, 1700. Proc. No. 2526, Dec. 8, 1941, 6 F.R. 6323, 55 Stat. Pt. 2, 1705. Proc. No. 2527, Dec. 8, 1941, 6 F.R. 6324, 55 Stat. Pt. 2, 1707. Proc. No. 2533, Dec. 29, 1941, 7 F.R. 55, 55 Stat. Pt. 2, 1714. Proc. No. 2537, Jan. 14, 1942, 7 F.R. 329, 56 Stat. Pt. 2, 1933, revoked by Proc. No. 2678, Dec. 29, 1945, 11 F.R. 221, 60 Stat. Pt. 2, 1336. Proc. No. 2563, July 17, 1942, 7 F.R. 5535, 56 Stat. Pt. 2, 1970. Proc. No. 2655, July 14, 1945, 10 F.R. 8947, 59 Stat. Pt. 2, 870. Proc. No. 2674, Dec. 7, 1945, 10 F.R. 14945, 59 Stat. Pt. 2, 889. Proc. No. 2685, Apr. 11, 1946, 11 F.R. 4079, 60 Stat. Pt. 2, 1342, set out as a note preceding section 1 of Appendix to this title. WORLD WAR I PROCLAMATIONS Proclamations issued under this chapter during the years 1917 and 1918 will be found in 40 Stat. 1651, 1716, 1730, and 1772. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 22 of this title; sections 9, 34, 1981, 1982 of Appendix to this title; title 5 section 8332. ------DocID 55951 Document 50 of 1268------ -CITE- 50 USC Sec. 22 -EXPCITE- TITLE 50 CHAPTER 3 -HEAD- Sec. 22. Time allowed to settle affairs and depart -STATUTE- When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. -SOURCE- (R.S. Sec. 4068.) -COD- CODIFICATION R.S. Sec. 4068 derived from acts July 6, 1798, ch. 66, Sec. 1, 1 Stat. 577; July 6, 1812, ch. 130, 2 Stat. 781. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9, 34, 1981, 1982 of Appendix to this title; title 5 section 8332. ------DocID 55952 Document 51 of 1268------ -CITE- 50 USC Sec. 23 -EXPCITE- TITLE 50 CHAPTER 3 -HEAD- Sec. 23. Jurisdiction of United States courts and judges -STATUTE- After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed. -SOURCE- (R.S. Sec. 4069.) -COD- CODIFICATION R.S. Sec. 4069 derived from act July 6, 1798, ch. 66, Sec. 2, 1 Stat. 577. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9, 34, 1981, 1982 of Appendix to this title; title 5 section 8332. ------DocID 55953 Document 52 of 1268------ -CITE- 50 USC Sec. 24 -EXPCITE- TITLE 50 CHAPTER 3 -HEAD- Sec. 24. Duties of marshals -STATUTE- When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor and to execute such order in person, or by his deputy or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be. -SOURCE- (R.S. Sec. 4070.) -COD- CODIFICATION R.S. Sec. 4070 derived from act July 6, 1798, ch. 66, Sec. 3, 1 Stat. 578. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9, 34, 1981, 1982 of Appendix to this title; title 5 section 8332. ------DocID 55954 Document 53 of 1268------ -CITE- 50 USC CHAPTER 4 -EXPCITE- TITLE 50 CHAPTER 4 -HEAD- CHAPTER 4 - ESPIONAGE ------DocID 55955 Document 54 of 1268------ -CITE- 50 USC Sec. 31 to 39 -EXPCITE- TITLE 50 CHAPTER 4 -HEAD- Sec. 31 to 39. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 31, acts June 15, 1917, ch. 30, title I, Sec. 1, 40 Stat. 217; Mar. 28, 1940, ch. 72, title I, Sec. 1, 54 Stat. 79, related to unlawful obtaining or permitting to be obtained information affecting national defense. See section 793 of Title 18, Crimes and Criminal Procedure. Section 32, act June 15, 1917, ch. 30, title I, Sec. 2, 40 Stat. 218, related to unlawful disclosures affecting national defense. See section 794 of Title 18. Section 33, act June 15, 1917, ch. 30, title I, Sec. 3, 40 Stat. 219, related to seditious or disloyal acts or words in time of war. See section 2388 of Title 18. Section 33 was amended by act May 16, 1918, ch. 75, Sec. 1, 40 Stat. 553, which was repealed and the original section reenacted by act Mar. 3, 1921, ch. 136, 41 Stat. 1359. Section 34, act June 15, 1917, ch. 30, title I, Sec. 4, 40 Stat. 219, related to conspiracy to violate sections 32 and 33 of this title. See sections 794 and 2388 of Title 18. Section 35, acts June 15, 1917, ch. 30, title I, Sec. 5, 40 Stat. 219; Mar. 28, 1940, ch. 72, Sec. 2, 54 Stat. 79, related to the harboring or concealing of violators of the law. See sections 792 and 2388 of Title 18. Section 36, act June 15, 1917, ch. 30, title I, Sec. 6, 40 Stat. 219, related to designation by proclamation of prohibited areas. See section 793 of Title 18. Section 37, act June 15, 1917, ch. 30, title I, Sec. 8, 40 Stat. 219, related to places subject to provisions of sections 31 to 42 of this title. See section 2388 of Title 18. Section 38, act June 15, 1917, ch. 30, title I, Sec. 7, 40 Stat. 219, related to jurisdiction of courts-martial and military commissions. Section 39, act June 15, 1917, ch. 30, title XIII, Sec. 2, 40 Stat. 231; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related to jurisdiction of Canal Zone courts over offenses on high seas. See section 3241 of Title 18. EFFECTIVE DATE OF REPEAL Repeal of sections 31 to 39 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure. ------DocID 55956 Document 55 of 1268------ -CITE- 50 USC Sec. 40 -EXPCITE- TITLE 50 CHAPTER 4 -HEAD- Sec. 40. Transferred -COD- CODIFICATION Section, act June 15, 1917, ch. 30, title XIII, Sec. 1, 40 Stat. 231, defined 'United States' as used in act June 15, 1917, and was transferred to section 195 of this title. ------DocID 55957 Document 56 of 1268------ -CITE- 50 USC Sec. 41 -EXPCITE- TITLE 50 CHAPTER 4 -HEAD- Sec. 41. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, act June 15, 1917, ch. 30, title VIII, Sec. 4, 40 Stat. 226, defined 'Foreign government'. See section 11 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure. ------DocID 55958 Document 57 of 1268------ -CITE- 50 USC Sec. 42 -EXPCITE- TITLE 50 CHAPTER 4 -HEAD- Sec. 42. Transferred -COD- CODIFICATION Section, act June 15, 1917, ch. 30, title XIII, Sec. 4, 40 Stat. 231, related to savings provisions and is set out as a Separability note under section 191 of this title. Section was formerly classified to section 536 of Title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. ------DocID 55959 Document 58 of 1268------ -CITE- 50 USC CHAPTER 4A -EXPCITE- TITLE 50 CHAPTER 4A -HEAD- CHAPTER 4A - PHOTOGRAPHING, SKETCHING, MAPPING, ETC., DEFENSIVE INSTALLATIONS ------DocID 55960 Document 59 of 1268------ -CITE- 50 USC Sec. 45 to 45d -EXPCITE- TITLE 50 CHAPTER 4A -HEAD- Sec. 45 to 45d. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 45, act Jan. 12, 1938, ch. 2, Sec. 1, 52 Stat. 3, related to photographing of defensive installations. See sections 795 to 797 of Title 18, Crimes and Criminal Procedure. Section 45a, act Jan. 12, 1938, ch. 2, Sec. 2, 52 Stat. 3, related to photographing, etc., from aircraft. See section 796 of Title 18. Section 45b, act Jan. 12, 1938, ch. 2, Sec. 3, 52 Stat. 3, related to reproducing, publishing, selling uncensored copies. See section 797 of Title 18. Section 45c, act Jan. 12, 1938, ch. 2, Sec. 4, 52 Stat. 4, related to definitions of 'aircraft', 'post', 'camp', and 'station'. See sections 795 and 796 of Title 18. Section 45d, act Jan. 12, 1938, ch. 2, Sec. 5, 52 Stat. 4, related to geographical application of law. EFFECTIVE DATE OF REPEAL Repeal of sections 45 to 45d effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure. ------DocID 55961 Document 60 of 1268------ -CITE- 50 USC CHAPTER 4B -EXPCITE- TITLE 50 CHAPTER 4B -HEAD- CHAPTER 4B - DISCLOSURE OF CLASSIFIED INFORMATION ------DocID 55962 Document 61 of 1268------ -CITE- 50 USC Sec. 46 to 46b -EXPCITE- TITLE 50 CHAPTER 4B -HEAD- Sec. 46 to 46b. Repealed. Oct. 31, 1951, ch. 655, Sec. 56(c), 65 Stat. 729 -MISC1- Section 46, act May 13, 1950, ch. 185, Sec. 2, 64 Stat. 159, related to unlawful disclosure of classified information. See section 798 of Title 18, Crimes and Criminal Procedure. Section 46a, act May 13, 1950, ch. 185, Sec. 1, 64 Stat. 159, defined terms for use in this chapter. Section 46b, act May 13, 1950, ch. 185, Sec. 3, 64 Stat. 160, related to penalties for improper disclosure. SAVINGS PROVISION Section 56(l) of act Oct. 31, 1951, provided that the repeal of sections 46 to 46b shall not affect any rights or liabilities existing hereunder on Oct. 31, 1951. ------DocID 55963 Document 62 of 1268------ -CITE- 50 USC CHAPTER 4C -EXPCITE- TITLE 50 CHAPTER 4C -HEAD- CHAPTER 4C - ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS INFORMATION REWARDS -MISC1- Sec. 47a. Information concerning illegal introduction, manufacture, acquisition or export of special nuclear material or atomic weapons or conspiracies relating thereto; reward. 47b. Determination by Attorney General of entitlement and amount of reward; consultation; Presidential approval. 47c. Aliens; waiver of admission requirements. 47d. Hearings; rules and regulations; conclusiveness of determinations of Attorney General. 47e. Certification of award; approval; payment. 47f. Definitions. ------DocID 55964 Document 63 of 1268------ -CITE- 50 USC Sec. 47a -EXPCITE- TITLE 50 CHAPTER 4C -HEAD- Sec. 47a. Information concerning illegal introduction, manufacture, acquisition or export of special nuclear material or atomic weapons or conspiracies relating thereto; reward -STATUTE- Any person who furnishes original information to the United States - (a) leading to the finding or other acquisition by the United States of special nuclear material or an atomic weapon which has been introduced into the United States or manufactured or acquired therein contrary to the laws of the United States, or (b) with respect to the introduction or attempted introduction into the United States or the manufacture or acquisition or attempted manufacture or acquisition of, or a conspiracy to introduce into the United States or to manufacture or acquire, special nuclear material or an atomic weapon contrary to the laws of the United States, or (c) with respect to the export or attempted export, or a conspiracy to export, special nuclear material or an atomic weapon from the United States contrary to the laws of the United States, shall be rewarded by the payment of an amount not to exceed $500,000. -SOURCE- (July 15, 1955, ch. 372, Sec. 2, 69 Stat. 365; Aug. 17, 1974, Pub. L. 93-377, Sec. 1(b), 88 Stat. 472.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-377 in par. (a) made minor changes in phraseology, in par. (b) included information relating to the actual introduction, manufacture and acquisition, or conspiring to introduce into the United States or to manufacture or acquire special nuclear material or an atomic weapon as within the information for which a reward would be given, and added par. (c). SHORT TITLE Section 1 of act July 15, 1955, as amended by section 1(a) of Pub. L. 93-377, provided: 'That this Act (enacting this chapter) may be cited as the 'Atomic Weapons and Special Nuclear Materials Rewards Act'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 47b of this title. ------DocID 55965 Document 64 of 1268------ -CITE- 50 USC Sec. 47b -EXPCITE- TITLE 50 CHAPTER 4C -HEAD- Sec. 47b. Determination by Attorney General of entitlement and amount of reward; consultation; Presidential approval -STATUTE- The Attorney General shall determine whether a person furnishing information to the United States is entitled to a reward and the amount to be paid pursuant to section 47a of this title. Before making a reward under this section the Attorney General shall advise and consult with the Atomic Energy Commission. A reward of $50,000 or more may not be made without the approval of the President. -SOURCE- (July 15, 1955, ch. 372, Sec. 3, 69 Stat. 365; Aug. 17, 1974, Pub. L. 93-377, Sec. 1(b), 88 Stat. 473.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-377 substituted provisions authorizing the Attorney General, with the advice of the Atomic Energy Commission, to determine entitlement and the amount of reward for a person furnishing information to the United States, for provisions authorizing an Awards Board to determine entitlement and amount of such reward, setting forth the composition of the Board and criteria for reward. -TRANS- TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47c, 47d, 47e of this title. ------DocID 55966 Document 65 of 1268------ -CITE- 50 USC Sec. 47c -EXPCITE- TITLE 50 CHAPTER 4C -HEAD- Sec. 47c. Aliens; waiver of admission requirements -STATUTE- If the information leading to an award under section 47b of this title is furnished by an alien, the Secretary of State, the Attorney General, and the Director of Central Intelligence, acting jointly, may determine that the entry of such alien into the United States is in the public interest and, in that event, such alien and the members of his immediate family may receive immigrant visas and may be admitted to the United States for permanent residence, notwithstanding the requirements of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). -SOURCE- (July 15, 1955, ch. 372, Sec. 4, 69 Stat. 366.) -REFTEXT- REFERENCES IN TEXT The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. -CROSS- CROSS REFERENCES Requirements for admission of aliens, see section 1182 of Title 8, Aliens and Nationality. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 47f of this title. ------DocID 55967 Document 66 of 1268------ -CITE- 50 USC Sec. 47d -EXPCITE- TITLE 50 CHAPTER 4C -HEAD- Sec. 47d. Hearings; rules and regulations; conclusiveness of determinations of Attorney General -STATUTE- (a) The Attorney General is authorized to hold such hearings and make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this chapter. (b) A determination made by the Attorney General under section 47b of this title shall be final and conclusive and no court shall have power or jurisdiction to review it. -SOURCE- (July 15, 1955, ch. 372, Sec. 5, 69 Stat. 366; Aug. 17, 1974, Pub. L. 93-377, Sec. 1(b), 88 Stat. 473.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-377 designated existing provisions as subsec. (a), substituted 'Attorney General' for 'Board as administering agent', and added subsec. (b). ------DocID 55968 Document 67 of 1268------ -CITE- 50 USC Sec. 47e -EXPCITE- TITLE 50 CHAPTER 4C -HEAD- Sec. 47e. Certification of award; approval; payment -STATUTE- Any awards granted under section 47b of this title shall be certified by the Attorney General and, together with the approval of the President in those cases where such approval is required, transmitted to the Director of Central Intelligence for payment out of funds appropriated or available for the administration of the National Security Act of 1947, as amended. -SOURCE- (July 15, 1955, ch. 372, Sec. 6, 69 Stat. 366; Aug. 17, 1974, Pub. L. 93-377, Sec. 1(c), 88 Stat. 473.) -REFTEXT- REFERENCES IN TEXT The National Security Act of 1947, as amended, referred to in text, is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. -MISC2- AMENDMENTS 1974 - Pub. L. 93-377 substituted 'Attorney General' for 'Awards Board'. ------DocID 55969 Document 68 of 1268------ -CITE- 50 USC Sec. 47f -EXPCITE- TITLE 50 CHAPTER 4C -HEAD- Sec. 47f. Definitions -STATUTE- As used in this chapter - (a) The term 'atomic energy' means all forms of energy released in the course of nuclear fission or nuclear transformation. (b) The term 'atomic weapon' means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device. (c) The term 'special nuclear material' means plutonium, or uranium enriched in the isotope 233 or in the isotope 235, or any other material which is found to be special nuclear material pursuant to the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). (d) The term 'United States,' when used in a geographical sense, includes Puerto Rico, all Territories and possessions of the United States and the Canal Zone; except that in section 47c of this title, the term 'United States' when so used shall have the meaning given to it in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). -SOURCE- (July 15, 1955, ch. 372, Sec. 7, 69 Stat. 366.) -REFTEXT- REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (c), is act Aug. 30, 1954, ch. 1073, 68 Stat. 921, as amended, which is classified generally to chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. ------DocID 55970 Document 69 of 1268------ -CITE- 50 USC CHAPTER 5 -EXPCITE- TITLE 50 CHAPTER 5 -HEAD- CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY -MISC1- SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS Sec. 51 to 81. Repealed or Transferred. 82. Procurement of ships and material during war. (a) Definitions. (b) Presidential powers. (d) Compensation for commandeered material. 83 to 88. Repealed or Omitted. SUBCHAPTER II - EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE 91 to 96. Repealed or Omitted. SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS 98. Short title. 98a. Congressional findings and declaration of purpose. 98b. National Defense Stockpile. (a) Determination of materials; quantities. (b) Guidelines for exercise of Presidential authority. (c) Quantity change; notification to Congress. 98c. Materials constituting the National Defense Stockpile. 98d. Authority for stockpile operations. (a) Funds appropriated for acquisitions; proposed stockpile transactions; significant changes therein. (b) Disposal. (c) Authorization of appropriations. 98e. Stockpile management. (a) Presidential powers. (b) Federal procurement practices. (c) Barter; use of stockpile materials as payment for expenses of acquiring, refining, processing or rotating materials. (d) Waiver; notification of proposed disposal of materials. (e) Leasehold interests in property. 98e-1. Transferred. 98f. Special Presidential disposal authority. 98g. Materials development and research. (a) Development, mining, preparation, treatment, and utilization of ores and other mineral substances. (b) Development of sources of supplies of agricultural materials; use of agricultural commodities for manufacture of materials. (c) Development of sources of supply of other materials; development or use of alternative methods for refining or processing materials in stockpile. (d) Grants and contracts to encourage conservation of strategic and critical materials. 98h. National Defense Stockpile Transaction Fund. (a) Establishment. (b) Fund operations. (c) Moneys received from sale of materials being rotated or disposed of. (d) Effect of bartering. 98h-1. Advisory committees. 98h-2. Reports to Congress. 98h-3. Definitions. 98h-4. Importation of strategic and critical materials. 98h-5. Annual report on stockpile requirements. (a) In general. (b) Contents. (c) Plans of President. 98h-6. Development of domestic sources. (a) Purchase of materials of domestic origin; processing of materials in domestic facilities. (b) Terms and conditions of contracts and commitments. (c) Proposed transactions included in annual materials plan; availability of funds. (d) Transportation and incidental expenses. (e) Reports. 98h-7. National Defense Stockpile Manager. (a) Appointment. (b) Title of designated officer. (c) Delegation of functions. (d) Period of vacancy. 98i, 99. Repealed or Transferred. 100. Nitrate plants. (a) Investigations; designation of sites; construction and operation of dams, locks, improvements to navigation, etc. (b) Lease, purchase, or acquisition of lands and rights of way; purchase or acquisition of materials, minerals, and processes. (c) Use of products of plants; disposal of surplus. (d) Employment of officers, agents, or agencies. (e) Government construction and operation. 100a. Omitted. -CROSS- CROSS REFERENCES Acquisition of sites for armories, nitrate plants, and so forth, see section 2663 of Title 10, Armed Forces. ------DocID 55971 Document 70 of 1268------ -CITE- 50 USC SUBCHAPTER I -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS ------DocID 55972 Document 71 of 1268------ -CITE- 50 USC Sec. 51 to 57 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 51 to 57. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 51, act Aug. 5, 1882, ch. 395, 22 Stat. 299, related to pay of master amorer at Springfield Armory. Section 52, act June 23, 1874, ch. 486, 18 Stat. 282, related to pay of clerks at Springfield Armory. Section 53, R.S. Sec. 1665, required an annual account of expenses of national armories, together with an account of arms made and repaired thereon. Section 54, acts Aug. 18, 1890, ch. 797, Sec. 2, 26 Stat. 320; Aug. 7, 1946, ch. 770, Sec. 1(52), 60 Stat. 870, related to accounts of cost of type and experimental manufacture of guns and other articles. Section 55, R.S. Sec. 1666, authorized Secretary of War to abolish useless or unnecessary arsenals. See section 4532 of Title 10, Armed Forces. Section 56, R.S. Sec. 1669, provided for forfeitures by reason of misconduct of workmen in armories. Section 57, R.S. Sec. 1671, exempted from jury duty all artificers and workmen employed in armories and arsenals, of the United States. ------DocID 55973 Document 72 of 1268------ -CITE- 50 USC Sec. 58 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 58. Repealed. Sept. 1, 1954, ch. 1208, title III, Sec. 305(d), 68 Stat. 1114 -MISC1- Section, act July 17, 1912, ch. 236, 37 Stat. 193, related to awards. See section 4501 et seq. of Title 5, Government Organization and Employees. EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Sept. 1, 1954, see section 307 of act Sept. 1, 1954. ------DocID 55974 Document 73 of 1268------ -CITE- 50 USC Sec. 59 to 66 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 59 to 66. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 59, act July 26, 1886, ch. 781, Sec. 1, 24 Stat. 151, related to testing of rifled cannon for Navy. Section 60, act July 8, 1918, ch. 137, 40 Stat. 817, authorized transfer of naval ordnance and ordnance material from Navy Department to Department of War. Section 61, acts Mar. 3, 1879, ch. 183, 20 Stat. 412; Apr. 14, 1937, ch. 79, 50 Stat. 63, authorized issuance of arms and ammunition to protect public property, provided for reimbursement. See section 4655 of Title 10, Armed Forces. Section 62, acts Feb. 10, 1920, ch. 64, 41 Stat. 403; June 5, 1920, ch. 240, 41 Stat. 976; May 26, 1952, ch. 334, 66 Stat. 94, authorized loan of rifles to organizations of honorably discharged soldiers. See section 4683 of Title 10. Section 62a, act June 30, 1906, ch. 3938, 34 Stat. 817, authorized loan of ordnance to schools and State homes for veterans' orphans. See sections 4685 and 9685 of Title 10. Section 62b, act Dec. 15, 1926, ch. 10, 44 Stat. 922, authorized Secretary of War to relieve posts or camps or organizations composed of honorably discharged soldiers, sailors, or marines, and sureties on bonds, from liability on account of loss or destruction of rifles, slings, and cartridge belts loaned to such organizations. See section 4683 of Title 10. Section 62c, acts May 29, 1934, ch. 369, 48 Stat. 815; Aug. 30, 1935, ch. 826, 49 Stat. 1013, authorized Secretary of War to donate Army equipment loaned under authority of section 62 of this title. Section 63, act May 11, 1908, ch. 163, 35 Stat. 125, authorized sales of ordnance property to schools and State homes for veterans' orphans. See sections 4625 and 9625 of Title 10, Armed Forces. Section 64, acts May 28, 1908, ch. 215, Sec. 14, 35 Stat. 443; June 28, 1950, ch. 383, title IV, Sec. 402(g), 64 Stat. 273; Oct. 31, 1951, ch. 654, Sec. 2(26), 65 Stat. 707, authorized sale of obsolete small arms to patriotic organizations. See sections 4684 and 9684 of Title 10. Section 64a, act Mar. 3, 1875, ch. 130, 18 Stat. 388, provided for sale of useless ordnance materials, appropriated an amount equal to net proceeds of sale for purpose of procuring a supply of material, and limited expenditures to not more than $75,000 in any one year. Section 65, acts Apr. 23, 1904, ch. 1485, 33 Stat. 276; Aug. 1, 1953, ch. 305, title VI, Sec. 645, 67 Stat. 357, authorized sale of serviceable ordnance and ordnance stores to American designers. See sections 4507 and 9507 of Title 10. Section 66, acts Feb. 8, 1889, ch. 116, 25 Stat. 657; Mar. 3, 1899, ch. 423, 30 Stat. 1073; May 26, 1900, ch. 586, 31 Stat. 216; June 28, 1950, ch. 383, title IV, Sec. 402(e), 64 Stat. 273; Oct. 31, 1951, ch. 654, Sec. 2(27), 65 Stat. 707, authorized issuance of condemned ordnance to State homes for soldiers and sailors. See sections 4686 and 9686 of Title 10. ------DocID 55975 Document 74 of 1268------ -CITE- 50 USC Sec. 67 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 67. Transferred -COD- CODIFICATION Section, acts May 22, 1896, ch. 231, 29 Stat. 133; May 26, 1928, ch. 785, 45 Stat. 773; Feb. 28, 1933, ch. 137, 47 Stat. 1369; June 19, 1940, ch. 398, Sec. 1, 54 Stat. 491; July 31, 1947, ch. 421, 61 Stat. 707; Feb. 27, 1948, ch. 76, Sec. 1, 62 Stat. 37; Oct. 31, 1951, ch. 654, Sec. 2(2), 65 Stat. 706, which authorized loans or gifts of condemned or obsolete equipment, was transferred to section 150p of former Title 5, Executive Departments and Government Officers and Employees, and subsequently repealed and reenacted as section 2572 of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, Sec. 1, 53, 70A Stat. 143, 641. ------DocID 55976 Document 75 of 1268------ -CITE- 50 USC Sec. 68 to 71 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 68 to 71. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 68, acts Mar. 4, 1909, ch. 319, Sec. 47, 35 Stat. 1075; June 28, 1950, ch. 383, title IV, Sec. 402(i), 64 Stat. 273; Oct. 31, 1951, ch. 654, Sec. 2(28), 65 Stat. 708, authorized sale of obsolete ordnance for public parks, public buildings and soldiers' monuments purposes. See sections 4684 and 9684 of Title 10, Armed Forces. Section 69, act Mar. 2, 1905, ch. 1307, 33 Stat. 841, authorized sale of individual pieces of armament. See section 2574 of Title 10. Section 70, acts Mar. 3, 1909, ch. 252, 35 Stat. 751; June 28, 1950, ch. 383, title IV, Sec. 402(h), 64 Stat. 273, authorized sale of ordnance property to officers of the Navy and Marine Corps. See section 4625 and 9625 of Title 10. Section 71, act Mar. 3, 1909, ch. 252, 35 Stat. 750, authorized sale of ordnance stores to civilian employees of Army and to American National Red Cross. See sections 4625 and 9625 of Title 10. ------DocID 55977 Document 76 of 1268------ -CITE- 50 USC Sec. 72 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 72. Repealed. May 1, 1937, ch. 146, Sec. 5(i), 50 Stat. 126 -MISC1- Section, act Aug. 29, 1916, ch. 418, Sec. 1, 39 Stat. 643, related to sale of ordnance and stores to Cuba. ------DocID 55978 Document 77 of 1268------ -CITE- 50 USC Sec. 73 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 73. Repealed. Aug. 1, 1953, ch. 305, title VI, Sec. 645, 67 Stat. 357 -MISC1- Section, act Apr. 23, 1904, ch. 1485, 33 Stat. 276, related to disposition of proceeds from sales of serviceable ordnance and stores. See sections 2208 and 2210 of Title 10, Armed Forces. ------DocID 55979 Document 78 of 1268------ -CITE- 50 USC Sec. 74 to 81 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 74 to 81. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 74, act Jan. 22, 1923, ch. 28, 42 Stat. 1142, provided that net proceeds of sales of useless ordnance material by Navy Department should be covered into Treasury as 'Miscellaneous receipts'. See section 7543 of Title 10, Armed Forces. Section 75, act Aug. 24, 1912, ch. 391, Sec. 1, 37 Stat. 589, related to payment for transfers of ordnance or stores to bureaus or departments. Section 76, act June 20, 1878, ch. 359, Sec. 1, 20 Stat. 223, authorized private use of a machine for testing iron and steel. See section 4508 of Title 10. Section 77, acts Mar. 3, 1885, ch. 360, 23 Stat. 502; May 29, 1928, ch. 901, par. 27, 45 Stat. 988, regulated tests of iron and steel and other materials for industrial purposes. See section 4508 of Title 10. Section 78, act June 3, 1916, ch. 134, Sec. 123, 39 Stat. 215, related to gauges, dies, and tools for manufacture of arms. See sections 4505 and 9505 of Title 10. Section 79, act June 3, 1916, ch. 134, Sec. 124, 39 Stat. 215, related to nitrate plants. See section 100 of this title. Section 80, act June 3, 1916, ch. 134, Sec. 120, 39 Stat. 213, 214, related to procurement of war material and mobilization of industries. See sections 4501, 4502, 9501, and 9502 of Title 10. Section 81, act May 14, 1928, ch. 544, 45 Stat. 509, authorized Secretary of War to secure assistance, whenever practicable, of Geological Survey, Coast and Geodetic Survey, or other mapping agencies of the Government in execution of military surveys and maps. See sections 4537 and 9537 of Title 10. SIMILAR PROVISIONS Provisions similar to former section 81, but of a temporary nature, were contained in the following appropriation acts: Mar. 23, 1928, ch. 232, title I, 45 Stat. 342. Feb. 23, 1927, ch. 167, title I, 44 Stat. 1123. Apr. 15, 1926, ch. 146, title I, 44 Stat. 273. Feb. 12, 1925, ch. 225, title I, 43 Stat. 911. June 7, 1924, ch. 291, title I, 43, Stat. 496. Mar. 2, 1923, ch. 178, title I, 42 Stat. 1402. June 30, 1922, ch. 253, title I, 42 Stat. 741. ------DocID 55980 Document 79 of 1268------ -CITE- 50 USC Sec. 82 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 82. Procurement of ships and material during war -STATUTE- (a) Definitions The word 'person' as used in subsections (b) and (c) of this section shall include any individual, trustee, firm, association, company, or corporation. The word 'ship' shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words 'war material' shall include arms, armament, ammunition, stores, supplies, and equipment for ships and airplanes, and everything required for or in connection with the production thereof. The word 'factory' shall include any factory, workshop, engine works, building used for manufacture, assembling, construction, or any process, and any shipyard or dockyard. The words 'United States' shall include the Canal Zone and all territory and waters, continental and insular, subject to the jurisdiction of the United States. (b) Presidential powers In time of war the President is authorized and empowered, in addition to all other existing provisions of law: First. Within the limits of the amounts appropriated therefor, to place an order with any person for such ships or war material as the necessities of the Government, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Compliance with all such orders shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts theretofore placed with such person. If any person owning, leasing, or operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such preference in the execution of such an order, or shall refuse to build, supply, furnish, or manufacture the kind, quantity, or quality of ships or war material so ordered at such reasonable price as shall be determined by the President, the President may take immediate possession of any factory of such person, or of any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient. Second. Within the limit of the amounts appropriated therefor, to modify or cancel any existing contract for the building, production, or purchase of ships or war material; and if any contractor shall refuse or fail to comply with the contract as so modified the President may take immediate possession of any factory of such contractor, or any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient. Third. To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the output of such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President. Fourth. To requisition and take over for use or operation by the Government any factory, or any part thereof without taking possession of the entire factory, whether the United States has or has not any contract or agreement with the owner or occupier of such factory. (d) (FOOTNOTE 1) Compensation for commandeered material (FOOTNOTE 1) So in original. Section enacted without a subsec. (c). Whenever the United States shall cancel or modify any contract, make use of, assume, occupy, requisition, or take over any factory or part thereof, or any ships or war material, in accordance with the provisions of subsection (b) of this section, it shall make just compensation therefor, to be determined by the President, and if the amount thereof so determined by the President is unsatisfactory to the person entitled to receive the same, such person shall be paid fifty per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by section 1346 or section 1491 of title 28. -SOURCE- (Mar. 4, 1917, ch. 180, 39 Stat. 1192.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse. -COD- CODIFICATION In subsec. (d), 'section 1346 or section 1491 of title 28' substituted for 'section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code' (those sections classified to sections 41(20) and 250 of former Title 28, Judicial Code and Judiciary) on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Section 1346 of Title 28 sets forth the basic jurisdiction of the district courts in cases in which the United States is defendant. Section 1491 of Title 28 sets forth the basic jurisdiction of the United States Court of Claims. Sections 24(20) and 145 of the Judicial Code were also classified to sections 1496, 1501, 1503, 2401, 2402, and 2501 of Title 28. -TRANS- DELEGATION OF AUTHORITY For delegation of the President's authority under this section with respect to placing of orders for ships or war materials, see section 103 of Ex. Ord. No. 12742, Jan. 8, 1991, 56 F.R. 1079, set out as a note under section 4501 of Title 10, Armed Forces. -MISC5- SIMILAR PROVISIONS Similar provisions were contained in the Naval Appropriation Act, 1918, act July 1, 1918, ch. 114, 40 Stat. 719, which terminated six months after the treaty of peace between the United States and Germany (Oct. 18, 1921). TERMINATION OF WAR AND EMERGENCIES Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in the interpretation of the provisions of this section, which authorized the President to acquire, through construction or conversion, ships, landing craft, and other vessels, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941. ------DocID 55981 Document 80 of 1268------ -CITE- 50 USC Sec. 83 to 85 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 83 to 85. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 83, act May 29, 1928, ch. 853, Sec. 1, 45 Stat. 928, related to ammunition for use of Army and Navy, storage and dispersal, control by a joint board of officers. See section 172 of Title 10, Armed Forces. Section 84, act Mar. 3, 1875, ch. 133, Sec. 1, 18 Stat. 455, related to expenditure at armories for perfection of patentable inventions. Section 85, act Mar. 3, 1921, ch. 128, Sec. 6, 41 Stat. 1352, authorized Secretary of War to proceed with installation of guns and howitzers. ------DocID 55982 Document 81 of 1268------ -CITE- 50 USC Sec. 86 to 88 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 86 to 88. Omitted -COD- CODIFICATION Sections 86 to 88, act Feb. 15, 1936, ch. 74, Sec. 1-3, 49 Stat. 1140, related to conservation of domestic sources of tin, and were superseded by the Export Control Act of 1949 (former sections 2021 to 2032 of the Appendix to this title) pursuant to section 10 of that Act (former section 2030 of the Appendix to this title). The act of Feb. 15, 1936 was subsequently superseded by the Export Administration Act of 1969 (former sections 2401 to 2413 of the Appendix to this title) pursuant to section 12 of that Act (former section 2411 of the Appendix to this title). See, also, the Export Administration Act of 1979, which is classified to section 2401 of the Appendix to this title. Section 86, act Feb. 15, 1936, ch. 74, Sec. 1, 49 Stat. 1140, related to conservation of domestic resources of tin. Section 87, act Feb. 15, 1936, ch. 74, Sec. 2, 49 Stat. 1140, related to prohibition of exportation except on license. Section 88, act Feb. 15, 1936, ch. 74, Sec. 3, 49 Stat. 1140, related to penalties for violations of sections 86 and 87 of this title. ------DocID 55983 Document 82 of 1268------ -CITE- 50 USC SUBCHAPTER II -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER II -HEAD- SUBCHAPTER II - EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE ------DocID 55984 Document 83 of 1268------ -CITE- 50 USC Sec. 91 to 94 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 91 to 94. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 91, act June 16, 1938, ch. 458, Sec. 1, 52 Stat. 707, authorized Secretary of War to place educational orders for munitions of special or technical design. Section 92, act June 16, 1938, ch. 458, Sec. 2, 52 Stat. 708, related to production equipment. Section 93, act June 16, 1938, ch. 458, Sec. 3, 52 Stat. 708, placed certain limitations on number of orders. Section 94, acts June 16, 1938, ch. 458, Sec. 4, 52 Stat. 708; Apr. 3, 1939, ch. 35, Sec. 13, 53 Stat. 560, related to availability of appropriations for purposes of sections 91 to 94 of this title. ------DocID 55985 Document 84 of 1268------ -CITE- 50 USC Sec. 95 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 95. Omitted -COD- CODIFICATION Section, act June 30, 1938, ch. 852, 52 Stat. 1255, authorized an appropriation of $2,000,000 to remain until expended for purpose of rotary-wing and other aircraft research, development, procurement, experimentation, and operation for service testing. ------DocID 55986 Document 85 of 1268------ -CITE- 50 USC Sec. 96 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 96. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section, act July 15, 1939, ch. 283, 53 Stat. 1042, related to purchase by Secretary of War of equipment for experimental and test purposes. See sections 4504 and 9504 of Title 10, Armed Forces. ------DocID 55987 Document 86 of 1268------ -CITE- 50 USC SUBCHAPTER III -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 2093 of Appendix to this title; title 7 sections 1301, 1743, 1745, 1856; title 15 section 714b; title 22 section 5094; title 30 section 1604; title 31 sections 5116, 5132; title 40 section 474; title 42 section 5821. ------DocID 55988 Document 87 of 1268------ -CITE- 50 USC Sec. 98 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98. Short title -STATUTE- This subchapter may be cited as the 'Strategic and Critical Materials Stock Piling Act'. -SOURCE- (June 7, 1939, ch. 190, Sec. 1, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 319.) -MISC1- PRIOR PROVISIONS A prior section 98, acts June 7, 1939, ch. 190, Sec. 1, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596, which related to declaration of Congressional policy in enacting this subchapter, was repealed by section 2(a) of Pub. L. 96-41. SHORT TITLE OF 1987 AMENDMENT Pub. L. 100-180, div. C, title II, Sec. 3201, Dec. 4, 1987, 101 Stat. 1245, provided that: 'This title (enacting section 98h-5 of this title, amending sections 98a, 98b, 98d, 98e-1, 98h, 98h-2, and 98h-4 of this title, enacting provisions set out as a note under section 98e-1 of this title, and repealing provisions set out as a note under this section) may be cited as the 'National Defense Stockpile Amendments of 1987'.' SHORT TITLE OF 1979 AMENDMENT Section 1 of Pub. L. 96-41 provided: 'That this Act (enacting sections 98 to 98h-3 of this title, redesignating former section 98h-1 of this title as 98h-4 of this title, amending section 2093 of the Appendix to this title, sections 1743 and 1745 of Title 7, Agriculture, section 741b of Title 15, Commerce and Trade, and section 485 of Title 40, Public Buildings, Property, and Works, enacting a provision set out as a note under this section, and repealing a provision set out as a note under this section) may be cited as the 'Strategic and Critical Materials Stock Piling Revision Act of 1979'.' SHORT TITLE Act June 7, 1939, ch. 190, Sec. 11, formerly Sec. 10, as added by act July 23, 1946, ch. 590, 60 Stat. 596, and renumbered by Pub. L. 92-156, title V, Sec. 503(1), Nov. 17, 1971, 85 Stat. 427, which provided that this Act, which enacted this subchapter, be cited as the 'Strategic and Critical Materials Stock Piling Act', was repealed by Pub. L. 96-41, Sec. 2(b)(2), July 30, 1979, 93 Stat. 324. NEW BUDGET AUTHORITY Section 4 of Pub. L. 96-41 provided that: 'Any provision authorizing the enactment of new budget authority contained in the amendments made by this Act (see Short Title of 1979 Amendment note above) shall be effective on October 1, 1979.' -EXEC- EXECUTIVE ORDER NO. 12155 Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R. 53071, as amended by Ex. Ord. No. 12417, May 2, 1983, 48 F.R. 20035, which related to delegation of functions vested in President by Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), to various Federal agencies and officials, was revoked by Pub. L. 100-180, div. C, title II, Sec. 3203(b), Dec. 4, 1987, 101 Stat. 1247, effective 30 days after Dec. 4, 1987. EX. ORD. NO. 12626. NATIONAL DEFENSE STOCKPILE MANAGER Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), as amended, section 3203 of the National Defense Authorization Act for Fiscal Year 1988 (Public Law 100-180) (amending section 98e-1 of this title and enacting a provision set out as a note under section 98e-1 of this title), and section 301 of Title 3 of the United States Code, it is hereby ordered as follows: Section 1. The Secretary of Defense is designated National Defense Stockpile Manager. The functions vested in the President by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), except the functions vested in the President by sections 7, 8, and 13 of the Act (50 U.S.C. 98f, 98g, 98h-4), are delegated to the Secretary of Defense. The functions vested in the President by section 8(a) of the Act (50 U.S.C. 98g(a)) are delegated to the Secretary of the Interior. The functions vested in the President by section 8(b) of the Act (50 U.S.C. 98g(b)) are delegated to the Secretary of Agriculture. Sec. 2. The functions vested in the President by section 4(h) of the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b(h)), are delegated to the Secretary of Defense. Sec. 3. The functions vested in the President by section 204(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 485(f)), are delegated to the Secretary of Defense. Sec. 4. In executing the functions delegated to him by this Order, the Secretary of Defense may delegate such functions as he may deem appropriate, subject to his direction. The Secretary shall consult with the heads of affected agencies in performing the functions delegated to him by this Order. Ronald Reagan. ------DocID 55989 Document 88 of 1268------ -CITE- 50 USC Sec. 98a -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98a. Congressional findings and declaration of purpose -STATUTE- (a) The Congress finds that the natural resources of the United States in certain strategic and critical materials are deficient or insufficiently developed to supply the military, industrial, and essential civilian needs of the United States for national defense. (b) It is the purpose of this subchapter to provide for the acquisition and retention of stocks of certain strategic and critical materials and to encourage the conservation and development of sources of such materials within the United States and thereby to decrease and to preclude, when possible, a dangerous and costly dependence by the United States upon foreign sources for supplies of such materials in times of national emergency. (c) In providing for the National Defense Stockpile under this subchapter, Congress establishes the following principles: (1) The purpose of the National Defense Stockpile is to serve the interest of national defense only. The National Defense Stockpile is not to be used for economic or budgetary purposes. (2) The quantities of materials stockpiled under this subchapter should be sufficient to sustain the United States for a period of not less than three years during a national emergency situation that would necessitate total mobilization of the economy of the United States for a sustained conventional global war of indefinite duration. -SOURCE- (June 7, 1939, ch. 190, Sec. 2, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 319, and amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3202(b), 101 Stat. 1245.) -MISC1- PRIOR PROVISIONS A prior section 98a, acts June 7, 1939, ch. 190, Sec. 2, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596; 1953 Reorg. Plan No. 3, Sec. 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175, which related to determination of strategic and critical materials, the quantity and quality to be purchased, formation and functions of industry advisory committees, and the subsistence and traveling expenses of members of those committees, was repealed by section 2(a) of Pub. L. 96-41. Provisions similar to those comprising this section were contained in former section 98 of this title prior to repeal of that section by Pub. L. 96-41. AMENDMENTS 1987 - Subsec. (c). Pub. L. 100-180 added subsec. (c). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98b, 98h-2 of this title. ------DocID 55990 Document 89 of 1268------ -CITE- 50 USC Sec. 98b -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98b. National Defense Stockpile -STATUTE- (a) Determination of materials; quantities Subject to subsection (c) of this section, the President shall determine from time to time (1) which materials are strategic and critical materials for the purposes of this subchapter, and (2) the quality and quantity of each such material to be acquired for the purposes of this subchapter and the form in which each such material shall be acquired and stored. Such materials when acquired, together with the other materials described in section 98c of this title, shall constitute and be collectively known as the National Defense Stockpile (hereinafter in this subchapter referred to as the 'stockpile'). (b) Guidelines for exercise of Presidential authority The President shall make the determinations required to be made under subsection (a) of this section on the basis of the principles stated in section 98a(c) of this title. (c) Quantity change; notification to Congress (1) The quantity of any material to be stockpiled under this subchapter, as in effect on September 30, 1987, may be changed only as provided in this subsection or as otherwise provided by law enacted after December 4, 1987. (2) If the President proposes to change the quantity of any material to be stockpiled under this subchapter, the President shall include a full explanation and justification for the change in the next annual material plan submitted to Congress under section 98h-2(b) of this title. (3) If the proposed change in the case of any material would result in a new requirement for the quantity of such material different from the requirement for that material in effect on September 30, 1987, by less than 10 percent, the change may be made by the President effective on or after the first day of the first fiscal year beginning after the explanation and justification for the proposed change is submitted pursuant to paragraph (2). (4) In the case of a proposed change not covered by paragraph (3), the proposed change may be made only to the extent expressly authorized by law. (5) If in any year the reports required by sections 98h-2(b) and 98h-5 of this title are not submitted to Congress as required by law (including the time for such submission), then during the next fiscal year no change under paragraph (3) may be made in the quantity of any material to be stockpiled under this subchapter. -SOURCE- (June 7, 1939, ch. 190, Sec. 3, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 319, and amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3202(a), 101 Stat. 1245; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1233(b)(2), 102 Stat. 2057.) -MISC1- PRIOR PROVISIONS A prior section 98b, acts June 7, 1939, ch. 190, Sec. 3, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 597; Aug. 2, 1946, ch. 753, title I, Sec. 102, 121, 60 Stat. 815, 822; June 30, 1949, ch. 288, title I, Sec. 102(a), 63 Stat. 380; 1953 Reorg. Plan No. 3, Sec. 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175, which related to purchase, storage, refinement, rotation, and disposal of materials, was repealed by section 2(a) of Pub. L. 96-41. See section 98e of this title. Provisions similar to those comprising this section were contained in former section 98a of this title prior to repeal of that section by Pub. L. 96-41. AMENDMENTS 1988 - Subsec. (c)(1). Pub. L. 100-456 substituted 'December 4, 1987' for 'the date of the enactment of the National Defense Stockpile Amendments of 1987', which for purposes of codification had been translated as 'December 4, 1987', thus requiring no change in text. 1987 - Subsec. (a). Pub. L. 100-180, Sec. 3202(a)(1), substituted 'Subject to subsection (c) of this section, the' for 'The'. Subsec. (b). Pub. L. 100-180, Sec. 3202(a)(2), substituted 'the principles stated in section 98a(c) of this title.' for 'the following principles:' and struck out cls. (1) and (2) which related to purpose of National Defense Stockpile and quantities of materials stockpiled. Subsec. (c). Pub. L. 100-180, Sec. 3202(a)(3), added subsec. (c) and struck out former subsec. (c) which read as follows: 'The quantity of any material to be stockpiled under this subchapter, as determined under subsection (a) of this section, may not be revised unless the Committees on Armed Services of the Senate and House of Representatives are notified in writing of the proposed revision and the reasons for such revision at least thirty days before the effective date of such revision.' -TRANS- DELEGATION OF FUNCTIONS Functions of the President under this section were delegated to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. -MISC5- CHANGES IN STOCKPILE REQUIREMENTS Pub. L. 101-189, div. C, title XXXIII, Sec. 3301, Nov. 29, 1989, 103 Stat. 1685, provided that: 'Pursuant to section 3(c)(4) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)(4)), the National Defense Stockpile Manager may revise quantities of materials to be stockpiled under that Act (50 U.S.C. 98 et seq.) in accordance with the following table: --------------------------------------------------------------------- 'Material Current quantity Revised quantity --------------------------------------------------------------------- Aluminum oxide, 638,000 short tons 374,000 short tons abrasive grain group (contained) (contained) Antimony 36,000 short tons 88,500 short tons Asbestos, amosite 17,000 short tons 0 short tons Bauxite, refractory 1,400,000 long 1,240,000 long calcined tons calcined tons Bismuth 2,200,000 pounds 1,060,000 pounds Chromite, refractory 850,000 short dry 695,000 short dry grade ore tons tons Columbium group 4,850,000 pounds 12,520,000 pounds (contained) (contained) Diamond, industrial 29,730,000 carats 7,730,000 carats group Fluorspar, acid grade 1,400,000 short dry 900,000 short dry tons tons Fluorspar, 1,700,000 short dry 310,000 short dry metallurgical grade tons tons Graphite, natural, 20,000 short tons 14,200 short tons malagasy, crystalline Graphite, natural, 2,800 short tons 1,930 short tons other than Ceylon and Malagasy Manganese, battery 87,000 short dry tons 50,000 short dry tons grade group Mica, muscovite 6,200,000 pounds 2,500,000 pounds block, stained and better Natural insulation 1,500,000 pounds 0 pounds fibers Platinum group 98,000 troy ounces 86,000 troy ounces metals, iridium Platinum group 3,000,000 troy ounces 2,150,000 troy ounces metals, palladium Quartz crystals 600,000 pounds 240,000 pounds Talc, steatite block 28 short tons 0 short tons and lump Tungsten group 50,666,000 pounds 70,900,000 pounds (contained) (contained)' ------------------------------- -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98e, 98g, 98h-6 of this title; title 15 section 714b; title 22 section 2796d. ------DocID 55991 Document 90 of 1268------ -CITE- 50 USC Sec. 98c -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98c. Materials constituting the National Defense Stockpile -STATUTE- (a) The stockpile consists of the following materials: (1) Materials acquired under this subchapter and contained in the national stockpile on July 29, 1979. (2) Materials acquired under this subchapter after July 29, 1979. (3) Materials in the supplemental stockpile established by section 1704(b) of title 7 (as in effect from September 21, 1959, through December 31, 1966) on July 29, 1979. (4) Materials acquired by the United States under the provisions of section 2093 of the Appendix to this title and transferred to the stockpile by the President pursuant to subsection (f) of such section. (5) Materials transferred to the United States under section 2423 of title 22 that have been determined to be strategic and critical materials for the purposes of this subchapter and that are allocated by the President under subsection (b) of such section for stockpiling in the stockpile. (6) Materials acquired by the Commodity Credit Corporation and transferred to the stockpile under section 714b(h) of title 15. (7) Materials acquired by the Commodity Credit Corporation under paragraph (2) of section 1743(a) of title 7, and transferred to the stockpile under the third sentence of such section. (8) Materials transferred to the stockpile by the President under paragraph (4) of section 1743(a) of title 7. (9) Materials transferred to the stockpile under subsection (b) of this section. (b) Notwithstanding any other provision of law, any material that (1) is under the control of any department or agency of the United States, (2) is determined by the head of such department or agency to be excess to its needs and responsibilities, and (3) is required for the stockpile shall be transferred to the stockpile. Any such transfer shall be made without reimbursement to such department or agency, but all costs required to effect such transfer shall be paid or reimbursed from funds appropriated to carry out this subchapter. -SOURCE- (June 7, 1939, ch. 190, Sec. 4, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 320; Nov. 14, 1986, Pub. L. 99-661, div. C, title II, Sec. 3207(a)(1), 100 Stat. 4069.) -REFTEXT- REFERENCES IN TEXT Section 1704(b) of title 7, referred to in subsec. (a)(3), was amended generally by Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3635, and, as so amended, no longer contains provisions relating to a supplemental stockpile. -MISC2- PRIOR PROVISIONS A prior section 98c, acts June 7, 1939, ch. 190, Sec. 4, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 598; 1953 Reorg. Plan No. 3, Sec. 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175; Apr. 21, 1976, Pub. L. 94-273, Sec. 37, 90 Stat. 380, which required reports to Congress, was repealed by section 2(a) of Pub. L. 96-41. See section 98h-2 of this title. AMENDMENTS 1986 - Pub. L. 99-661 substituted 'on July 29, 1979' for 'on the day before the date of the date of enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979' in pars. (1) and (3), and 'after July 29, 1979' for 'on or after the date of the enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979' in par. (2). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98b of this title. ------DocID 55992 Document 91 of 1268------ -CITE- 50 USC Sec. 98d -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98d. Authority for stockpile operations -STATUTE- (a) Funds appropriated for acquisitions; proposed stockpile transactions; significant changes therein (1) Except for acquisitions made under the authority of paragraph (3) or (4) of section 98e(a) of this title, no funds may be obligated or appropriated for acquisition of any material under this subchapter unless funds for such acquisition have been authorized by law. Funds appropriated for such acquisition (and for transportation and other incidental expenses related to such acquisition) shall remain available until expended, unless otherwise provided in appropriation Acts. (2) If for any fiscal year the President proposes certain stockpile transactions in the annual materials plan submitted to Congress for that year under section 98h-2(b) of this title and after that plan is submitted the President proposes (or Congress requires) a significant change in any such transaction, or a significant transaction not included in such plan, no amount may be obligated or expended for such transaction during such year until the President has submitted a full statement of the proposed transaction to the appropriate committees of Congress and a period of 30 days has passed from the date of the receipt of such statement by such committees. In computing any 30-day period for the purpose of the preceding sentence, there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain. (b) Disposal Except for disposals made under the authority of paragraph (3), (4), or (5) of section 98e(a) of this title or under section 98f(a) of this title, no disposal may be made from the stockpile (1) unless such disposal, including the quantity of the material to be disposed of, has been specifically authorized by law, or (2) if the disposal would result in there being an unobligated balance in the National Defense Stockpile Transaction Fund in excess of $100,000,000. (c) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to provide for the transportation, processing, refining, storage, security, maintenance, rotation, and disposal of materials contained in or acquired for the stockpile. Funds appropriated for such purposes shall remain available to carry out the purposes for which appropriated for a period of two fiscal years, if so provided in appropriation Acts. -SOURCE- (June 7, 1939, ch. 190, Sec. 5, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 321, and amended Aug. 13, 1981, Pub. L. 97-35, title II, Sec. 203(a), (b), 95 Stat. 381, 382; Oct. 19, 1984, Pub. L. 98-525, title IX, Sec. 903, 98 Stat. 2573; Nov. 14, 1986, Pub. L. 99-661, div. C, title II, Sec. 3207(a)(2), 100 Stat. 4069; Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3206(a), 101 Stat. 1247.) -MISC1- PRIOR PROVISIONS A prior section 98d, acts June 7, 1939, ch. 190, Sec. 5, 53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 598, which related to release of stock pile materials, was repealed by section 2(a) of Pub. L. 96-41. See section 98f of this title. Provisions similar to those comprising this section were contained in former sections 98b and 98g of this title prior to repeal of those sections by Pub. L. 96-41. AMENDMENTS 1987 - Subsec. (a)(2). Pub. L. 100-180 struck out 'or until each such committee, before the expiration of such period, notifies the President that it has no objection to the proposed transaction' before period at end of first sentence. 1986 - Subsec. (b). Pub. L. 99-661 substituted 'paragraph (3), (4), or (5)' for 'paragraph (4) or (5)'. 1984 - Subsec. (b)(2). Pub. L. 98-525, Sec. 903(b), substituted '$100,000,000' for '$250,000,000'. Pub. L. 98-525, Sec. 903(a), substituted 'an unobligated balance' for 'a balance' where first appearing and '$250,000,000' for '$1,000,000,000 or, in the case of a disposal to be made after September 30, 1983, if the disposal would result in there being a balance in the fund in excess of $500,000,000'. 1981 - Subsec. (a). Pub. L. 97-35, Sec. 203(a), designated existing provisions as par. (1), inserted applicability to other incidental expenses, substituted 'until expended, unless otherwise' for 'for a period of five fiscal years, if so', and added par. (2). Subsec. (b). Pub. L. 97-35, Sec. 203(b), inserted designation for cl. (1) and added cl. (2). EFFECTIVE DATE OF 1984 AMENDMENT Section 903(b) of Pub. L. 98-525, as amended by Pub. L. 99-145, title XVI, Sec. 1611(b), Nov. 8, 1985, 99 Stat. 776, provided in part that the amendment by section 903(b) of Pub. L. 98-525, is effective Oct. 1, 1987. EFFECTIVE DATE OF 1981 AMENDMENT Section 203(f) of Pub. L. 97-35 provided that: 'The amendments made by subsection (a) (amending this section) shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1981.' -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. -MISC5- AUTHORIZED DISPOSALS; FISCAL YEARS 1990 AND 1991 Pub. L. 101-189, div. C, title XXXIII, Sec. 3302, Nov. 29, 1989, 103 Stat. 1685, provided that: '(a) Authority. - During fiscal years 1990 and 1991, the National Defense Stockpile Manager may dispose of materials in the National Defense Stockpile in accordance with this section. The value of materials disposed of may not exceed $180,000,000 during each of such fiscal years, and such disposal may be made only as specified in subsection (b). '(b) Materials Authorized to be Disposed. - Any disposal under subsection (a) shall be made from quantities of materials in the National Defense Stockpile previously authorized for disposal by law or, in the case of materials in the National Defense Stockpile that have been determined to be excess to the current requirements of the stockpile, in accordance with the following table: --------------------------------------------------------------------- --------------------------------------------------------------------- 'Material Quantities --------------------------------------------------------------------- Asbestos, amosite 34,000 short tons Bismuth 255,400 pounds Diamond, industrial, crushing bort 8,000,000 carats Fluorspar, metallurgical grade 15,000 short dry tons Graphite, natural, Malagasy, 3,635 short tons crystalline Graphite, natural, other than 873 short tons Ceylon and Malagasy Mercury 15,000 flasks Mica, muscovite block, stained 10,000 pounds and better Silicon carbide 690 short tons Talc, block and lump 28 short tons Tin 5,000 metric tons. ------------------------------- '(c) Additional Authority. - The disposal authority provided in subsection (a) is in addition to any other disposal authority provided by law. '(d) Limitation on Disposals During Fiscal Years 1990 and 1991. - The National Defense Stockpile Manager may dispose of materials under this section during each of the fiscal years 1990 and 1991 only to the extent that the total amount received (or to be received) from such disposals for each such fiscal year does not exceed the amount obligated from the National Defense Stockpile Transaction Fund during such fiscal year for the purposes authorized under section 9(b)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)).' AUTHORIZED DISPOSALS; FISCAL YEAR 1989 Pub. L. 100-456, div. A, title XV, Sec. 1501, Sept. 29, 1988, 102 Stat. 2085, provided that: '(a) Authority. - Notwithstanding section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)) but subject to subsection (c), the President may during fiscal year 1989 dispose of materials in the National Defense Stockpile in accordance with this section. The value of the materials disposed of may not exceed $180,000,000 and may only be made as specified in subsection (b). '(b) Materials Authorized To Be Disposed. - Any disposal pursuant to the authority in subsection (a) shall be made from materials in the National Defense Stockpile previously authorized for disposal by law and from the following materials in the National Defense Stockpile, such materials having been determined to be excess to stockpile requirements: --------------------------------------------------------------------- 'Material Quantities --------------------------------------------------------------------- Asbestos, chrysotile 2,100 short tons Asbestos, crocidolite 36 short tons Celestite 13,500 short dry tons Iodine 772,000 pounds Kyanite 1,200 short dry tons Manganese dioxide, battery grade, 65,000 short dry tons natural ore Mercury 7,500 flasks Mica, muscovite block (S&L) 181,000 pounds Mica, muscovite splittings 750,000 pounds Mica, phlogopite splittings 589,000 pounds Quartz 1,249,000 pounds Silicon Carbide 44,000 short tons Talc, block and lump 990 short tons Talc, ground 1,100 short tons Thorium nitrate 6,520,000 pounds Tin 5,000 metric tons Tungsten ores and concentrates 1,000,000 pounds Vegetable tannin chestnut 3,500 long tons Vegetable tannin quebracho 77,000 long tons. ------------------------------- '(c) Disposals During Fiscal Year 1989. - The President may dispose of materials under this section during fiscal year 1989 only to the extent that the total amount received (or to be received) from such disposals does not exceed the amount expended from the National Defense Stockpile Transaction Fund during fiscal year 1989 for purposes authorized under section 9(b)(2) of such Act (section 98h(b)(2) of this title).' CONVERSION OF CHROMIUM AND MANGANESE ORE TO HIGH CARBON FERROCHROMIUM AND HIGH CARBON FERROMANGANESE Section 3205 of Pub. L. 99-661 provided that: '(a) Required Upgrading. - During each of fiscal years 1987 through 1993, the President shall - '(1) obtain bids from domestic producers of high carbon ferrochromium and of high carbon ferromanganese; and '(2) award contracts for the conversion of chromium and manganese ores held in the National Defense Stockpile into high carbon ferrochromium and high carbon ferromanganese, respectively. '(b) Quantities To Be Upgraded. - (1) Contracts awarded under subsection (a) shall provide for the addition of not less than 53,500 short tons of high carbon ferrochromium and not less than 67,500 short tons of high carbon ferromanganese to the National Defense Stockpile during each of the fiscal years covered by subsection (a). '(2) If, during any fiscal year referred to in subsection (a), the minimum quantity of high carbon ferrochromium or high carbon ferromanganese to be added to the National Defense Stockpile, as required by paragraph (1), is not met, the quantity of such material to be added to the stockpile in the next fiscal year shall be increased by the quantity of the deficiency. '(c) Seven-Year Minimum Quantities. - The total quantities of high carbon ferrochromium and high carbon ferromanganese to be added to the National Defense Stockpile over the seven fiscal years referred to in subsection (a) shall be as follows: '(1) High carbon ferrochromium, 374,000 short tons. '(2) High carbon ferromanganese, 472,000 short tons. '(d) Definition. - In this section, the term 'National Defense Stockpile' means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).' Similar provisions were contained in Pub. L. 99-500, Sec. 101(c) (title IX, Sec. 9110), Oct. 18, 1986, 100 Stat. 1783-82, 1783-120, and Pub. L. 99-591, Sec. 101(c) (title IX, Sec. 9110), Oct. 30, 1986, 100 Stat. 3341-82, 3341-120. STORAGE, MAINTENANCE, PROTECTION AND DISPOSAL OF SILVER IN NATIONAL DEFENSE STOCKPILE AFTER SEPTEMBER 30, 1987; USE OF PROCEEDS Pub. L. 99-500, Sec. 101(m) (title V, Sec. 519), Oct. 18, 1986, 100 Stat. 1783-308, 1783-326, and Pub. L. 99-591, Sec. 101(m) (title V, Sec. 519), Oct. 30, 1986, 100 Stat. 3341-308, 3341-326, provided that: 'Effective September 30, 1987, none of the funds made available by this Act or any other Act with respect to fiscal year 1987 and any other fiscal year may be used to store, to maintain or to protect more than 128,000,000 troy ounces of silver deposited in the National Defense Stockpile. The Administrator of General Services, or any Federal officer assuming the Administrator's responsibilities with respect to management of the stockpile, shall use all proceeds generated from the disposal of silver to purchase, no later than October 1, 1988, stockpile materials to meet National Defense Stockpile goals and specifications in effect on October 1, 1984.' PROHIBITION OF REDUCTIONS IN STOCKPILE GOALS Pub. L. 99-145, title XVI, Sec. 1612, Nov. 8, 1985, 99 Stat. 776, as amended by Pub. L. 99-661, div. C, title II, Sec. 3201, Nov. 14, 1986, 100 Stat. 4067, provided that: '(a) Freeze on Goals. - (1) No action may be taken before October 1, 1987, to implement or administer any change in a stockpile goal in effect on October 1, 1984, that results in a reduction in the quality or quantity of any strategic and critical material to be acquired for the National Defense Stockpile. '(b) Definition. - For purposes of subsection (a), the term 'stockpile goal' means a determination made by the President under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b) with respect to the National Defense Stockpile.' DISPOSAL AUTHORIZATION Section 3204 of Pub. L. 99-661 provided that: '(a) In General. - (1) The President is authorized to dispose of the following quantities of materials that are currently held in the National Defense Stockpile (established by section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b)) and that are hereby determined to be excess to the current requirements of the stockpile: --------------------------------------------------------------------- --------------------------------------------------------------------- 'Antimony 1,500 short tons Diamonds, Industrial Stone 1,125,000 carats Iodine 800,000 pounds Mercury 3,700 flasks Mica, Muscovite Film 3,000 pounds Mica, Muscovite Splittings 262,000 pounds Silicon Carbide 7,600 short tons Silver (Coinage Program Only) 3,000,000 troy ounces Tannin, Chestnut 1,000 long tons Tannin, Quebracho 4,000 long tons Thorium Nitrate 10,000 pounds Tin 4,000 metric tons Tungsten 1,900,000 pounds of tungsten metal equivalent ------------------------------- '(2) Authority provided by paragraph (1) is in addition to any other authority provided by law to dispose of materials from the National Defense Stockpile. '(b) Special Disposal Authority. - During fiscal year 1987, the President may contract to carry out authorized disposals of materials from the National Defense Stockpile without regard to the limitation in section 5(b)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)(2)), but only to the extent that the total amount received (or to be received) from such disposals does not exceed the amount obligated from the National Defense Stockpile Transaction Fund during such fiscal year for purposes authorized under section 9(b)(2) of such Act (as amended by section 3203) (50 U.S.C. 98h(b)(2)).' Pub. L. 98-525, title IX, Sec. 901, 902, Oct. 19, 1984, 98 Stat. 2573, provided that: 'Sec. 901. (a) Any authority provided by law before the date of the enactment of this Act (Oct. 19, 1984) to enter into contracts for the disposal of materials in the National Defense Stockpile established by section 3 of the Strategic and Critical Materials Stock Piling Act (hereinafter in this title referred to as 'the Act') (50 U.S.C. 98b) shall expire on September 30, 1984. 'Sec. 902. Effective on October 1, 1984, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile in accordance with the provisions of the Act (this chapter), such quantities having been determined to be excess to the current requirements of the stockpile: '(1) 3,200 short tons of antimony. '(2) 5,600 short tons of asbestos, chrysotile. '(3) 7,500,000 carats of diamond stones. '(4) 51,210 short dry tons of manganese dioxide battery natural. '(5) 292,000 short dry tons of metallurgical grade manganese. '(6) 5,000 flasks of mercury. '(7) 500,000 pounds of mercuric oxide. '(8) 1,000,000 pounds of mica, muscovite film first and second qualities. '(9) 1,000,000 pounds of mica, muscovite splittings. '(10) 50,000 pounds of mica, phlogopite splittings. '(11) 167 short tons of mica block and lump. '(12) 100,000 pounds of quartz crystals. '(13) 10,000,000 troy ounces of silver. '(14) 125,000 pounds of talc, block and lump. '(15) 50,000 pounds of thorium nitrate. '(16) 20,000 long tons of tin. '(17) 2,400,000 pounds of tungsten contained in ores. '(18) 4,200 long tons of vegetable tannin, chestnut. '(19) 20,000 long tons of vegetable tannin, quebracho.' Section 201 of Pub. L. 97-35 provided that: '(a) Effective on October 1, 1981, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile established by section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), such quantities having been determined to be excess to the current requirements of the stockpile: '(1) 1,000,000 pounds of iodine. '(2) 1,500,000 carats of diamonds, industrial crushing bort. '(3) 710,253 pounds of mercuric oxide. '(4) 50,000 flasks of mercury. '(5) 6,000,000 pounds of mica, muscovite splittings. '(6) 25,000 pounds of mica, phlogopite splittings. '(7) 46,537,000 troy ounces of silver. '(8) 1,000 short tons of antimony. '(9) 2,000 short tons of asbestos chrysotile. '(10) 50,000 pounds of mica muscovite film, first and second qualities. '(11) 50,000 pounds of mica muscovite block, stained and lower. '(12) 700 long tons of vegetable tannin extract, wattle. '(b) Effective on October 1, 1982, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile, such quantities having been determined to be excess to the current requirements of the stockpile: '(1) 44,682,000 troy ounces of silver. '(2) 1,000 short tons of antimony. '(3) 2,000 short tons of asbestos chrysotile. '(4) 1,500,000 carats of diamond stones. '(5) 1,000,000 pounds of iodine. '(6) 50,000 pounds of mica muscovite film, first and second qualities. '(7) 50,000 pounds of mica muscovite block, stained and lower. '(8) 697 long tons of vegetable tannin extract, wattle. '(c) Effective on October 1, 1983, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile, such quantities having been determined to be excess to the current requirements of the stockpile: '(1) 13,900,000 troy ounces of silver. '(2) 1,000 short tons of antimony. '(3) 6,000 short tons of asbestos amosite. '(4) 2,000 short tons of asbestos chrysotile. '(5) 1,500,000 carats of diamond stones. '(6) 197,465 carats of diamonds, industrial crushing bort. '(7) 213,000 pounds of iodine. '(8) 50,000 pounds of mica muscovite film, first and second qualities. '(9) 50,000 pounds of mica muscovite block, stained and lower. '(d)(1) The authority to enter into contracts for the disposal of materials in the stockpile under the disposal authorizations contained in paragraphs (7) through (12) of subsection (a) expires on September 30, 1982. '(2) The authority to enter into contracts for the disposal of materials in the stockpile under the disposal authorizations contained in subsection (b) expires on September 30, 1983. '(3) The authority to enter into contracts for the disposal of materials in the stockpile under the disposal authorizations contained in subsection (c) expires on September 30, 1984. '(e) Any disposal under the authority of subsection (a), (b), or (c) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). '(f)(1) The authority contained in subsections (b)(1) and (c)(1) shall not become effective unless the President, not later than September 1, 1982, determines that the silver authorized for disposal by such subsections is excess to the requirements of the stockpile as of that date. '(2) A determination by the President under paragraph (1) shall be based upon consideration of such factors as the President considers relevant, including the following factors: '(A) The demand for silver in each of the next ten years for the industrial, military, and naval needs of the United States for national defense. '(B) The domestic supply of silver for each of the next ten years, as a function of price, that would be available to meet the demand identified under subparagraph (A). '(C) The potential dependency of the United States on foreign supplies of silver in each of the next ten years to meet the demand identified under subparagraph (A). '(D) The effect of disposal under subsections (b)(1) and (c)(1) on (i) the world silver market (in terms of price and supply), (ii) the domestic and international silver mining industry (in terms of exploration and production), (iii) international currency and monetary policy, and (iv) long range military preparedness. '(3) If the President makes a determination described in paragraph (1), he shall promptly report to the Committees on Armed Services of the Senate and House of Representatives that he has made such determination and shall include a detailed discussion and analysis of the factors set forth in paragraph (2) and other relevant factors.' AUTHORIZATION OF APPROPRIATIONS Section 202 of Pub. L. 97-35 provided that: '(a) Effective on October 1, 1981, there is authorized to be appropriated the sum of $535,000,000 for the acquisition of strategic and critical materials under section 6(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)). '(b) Any acquisition using funds appropriated under the authorization of subsection (a) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).' ANNUAL SALES OF SILVER FROM THE NATIONAL DEFENSE STOCKPILE AFTER DECEMBER 21, 1982 Pub. L. 97-377, title I, Sec. 101(c) (title VII, Sec. 799B), Dec. 21, 1982, 96 Stat. 1866, provided that: 'After the date of enactment of this Act (Dec. 21, 1982), annual sales of silver from the National Defense Stockpile under the authority of Public Law 97-35 (see Tables for classification), or any other Act, shall not exceed 10 per centum of the silver produced from existing domestic producing mines in the preceding 12 month period.' DISPOSAL OF SILVER FROM NATIONAL DEFENSE STOCKPILE; CONGRESSIONAL APPROVAL OF RECOMMENDED METHOD OF DISPOSAL Pub. L. 97-114, title VII, Sec. 788, Dec. 29, 1981, 95 Stat. 1592, provided that: 'After the date of enactment of this Act (Dec. 29, 1981) no sale of silver from the National Defense Stockpile under the authority of Public Law 97-35 (see Tables for classification), or any other Act, shall occur until the President, not later than July 1, 1982, redetermines that the silver authorized for disposal is excess to the requirements of the stockpile, taking into consideration such factors as the President considers relevant, including the following factors: '(1) The findings and recommendations of the report by the General Accounting Office on the sale of silver from the National Defense Stockpile to be completed on or before January 1, 1982. '(2) The demand for silver to meet defense, essential civilian, basic industrial, and monetary requirements, taking into account the most recent 'Defense Guidance' used by the Department of Defense in programming general purpose conventional forces as well as historical monetary uses of silver as a medium of payment to foreign workers and troops during times of national emergency. '(3) The projected magnitude of the increase in production as well as the accuracy and reliability of the data used in projecting increases in both domestic and reliable foreign production capacity, taking into account the lead times associated with expanding capacity and obtaining such requirements as the necessary labor, equipment, transportation and energy. '(4) The current reliability of supplies from foreign sources and the economic and security implications resulting from our dependence on these sources of supply in times of national emergency taking into account the probability of a supply disruption or sharp price increase and its impact on the United States economy or a national priority such as defense. '(5) The need for silver in the stockpile during the next ten year period taking into account long-term supply and demand projections of the Bureau of Mines, United States Department of the Interior. Should the President taking into consideration the factors described above find the silver to be in excess to stockpile needs, he shall report to the Committees on Armed Services of the Senate and House of Representatives that he has made such a determination, and shall include a detailed discussion and analysis of the factors set forth above, and other relevant factors, including alternative methods of disposal for such silver, together with his recommended method of disposal. No action shall be taken to dispose of silver from the National Defense Stockpile, prior to the approval by Congress of the recommended method of disposal.' DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT TEXAS CITY, TEXAS Act June 22, 1956, ch. 426, 70 Stat. 329, directed that the Federal Facilities Corporation immediately sell or lease the Government-owned tin smelter at Texas City, Texas, and the waste acid plant and other assets of the Government's tin program, prescribed the corporate powers of the Corporation in regard to the sale or lease, established a Tin Advisory Committee to consult with the Corporation, established periods for the receipt and negotiation of purchase proposals, and provided that if no contract for sale or lease was effected prior to Jan. 31, 1957, then the smelter and other assets be reported as excess property for transfer and disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. MAINTENANCE OF DOMESTIC TIN-SMELTING INDUSTRY; TRANSFER OF FUNCTIONS, ETC. Act June 28, 1947, ch. 159, 61 Stat. 190, as amended June 29, 1948, ch. 722, 62 Stat. 1101; June 30, 1949, ch. 284, 63 Stat. 350; Aug. 21, 1950, ch. 766, 64 Stat. 468; July 30, 1953, ch. 282, title I, Sec. 103, 67 Stat. 230; June 22, 1956, ch. 426, Sec. 5(a), 70 Stat. 329, declared tin to be a highly strategic and critical material in short supply, directed that it was in the public interest that Congress make a thorough investigation on the advisability of the maintenance of a permanent tin-smelting industry and study the availability of adequate tin supplies, provided that the powers, functions, duties, and authority of the United States exercised by the Reconstruction Finance Corporation to buy, sell, and transport tin, and tin ore and concentrates, to improve, develop, maintain, and operate by lease or otherwise the Government-owned tin smelter at Texas City, Texas, to finance research in tin smelting and processing, and to do all other things necessary to the accomplishment of the foregoing continue in effect until Jan. 31, 1957, or until such earlier time as the Congress shall otherwise provide, and be exercised and performed by such officer, agency, or instrumentality of the United States as the President may designate, authorized diversification of tin-recovery facilities in the United States, and required the Reconstruction Finance Corporation to report to Congress on its activities not later than Dec. 31, 1947, and at the end of each six months thereafter. FEDERAL FACILITIES CORPORATION; ABOLITION AND DISSOLUTION OF RECONSTRUCTION FINANCE CORPORATION AND FEDERAL FACILITIES CORPORATION Ex. Ord. No. 10539, eff. June 22, 1954, 19 F.R. 3827, designated the Federal Facilities Corporation to perform and exercise the functions formerly performed and exercised by the Reconstruction Finance Corporation under act June 28, 1947, set out as a note above. The Reconstruction Finance Corporation, which was created by the Reconstruction Finance Corporation Act, act Jan. 22, 1932, ch. 8, 47 Stat. 5, was subsequently abolished by section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Facilities Corporation was, in turn, dissolved by Pub. L. 87-190, Sec. 6, Aug. 30, 1961, 75 Stat. 419, effective Sept. 30, 1961, set out as a note under sections 1921 to 1929 of the Appendix to this title. DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT TEXAS CITY, TEXAS; CANCELLATION OF OBLIGATIONS Cancellation of obligation of General Services Administration to Federal Facilities Corporation existing by virtue of section 5(b) of act June 22, 1956, set out as a note above, see section 4(b) of Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note under sections 1921 to 1929 of the Appendix to this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98e, 98h, 98h-2, 98h-6 of this title. ------DocID 55993 Document 92 of 1268------ -CITE- 50 USC Sec. 98e -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98e. Stockpile management -STATUTE- (a) Presidential powers The President shall - (1) acquire the materials determined under section 98b(a) of this title to be strategic and critical materials; (2) provide for the proper storage, security, and maintenance of materials in the stockpile; (3) provide for the upgrading, refining, or processing of any material in the stockpile (notwithstanding any intermediate stockpile quantity established for such material) when necessary to convert such material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency; (4) provide for the rotation of any material in the stockpile when necessary to prevent deterioration of such material by replacement of such material with an equivalent quantity of substantially the same material; (5) subject to the notification required by subsection (d)(2) of this section, provide for the timely disposal of materials in the stockpile that (A) are excess to stockpile requirements, and (B) may cause a loss to the Government if allowed to deteriorate; and (6) subject to the provisions of section 98d(b) of this title, dispose of materials in the stockpile the disposal of which is specifically authorized by law. (b) Federal procurement practices Except as provided in subsections (c) and (d) of this section, acquisition of strategic and critical materials under this subchapter shall be made in accordance with established Federal procurement practices, and, except as provided in subsections (c) and (d) of this section and in section 98f(a) of this title, disposal of materials from the stockpile shall be made by formal advertising or competitive negotiation procedures. To the maximum extent feasible - (1) competitive procedures shall be used in the acquisition and disposal of such materials; and (2) efforts shall be made in the acquisition and disposal of such materials to avoid undue disruption of the usual markets of producers, processors, and consumers of such materials and to protect the United States against avoidable loss. (c) Barter; use of stockpile materials as payment for expenses of acquiring, refining, processing, or rotating materials (1) The President shall encourage the use of barter in the acquisition under subsection (a)(1) of this section of strategic and critical materials for, and the disposal under subsection (a)(5) or (a)(6) of this section of materials from, the stockpile when acquisition or disposal by barter is authorized by law and is practical and in the best interest of the United States. (2) Materials in the stockpile (the disposition of which is authorized by paragraph (3) to finance the upgrading, refining, or processing of a material in the stockpile, or is otherwise authorized by law) shall be available for transfer at fair market value as payment for expenses (including transportation and other incidental expenses) of acquisition of materials, or of upgrading, refining, processing, or rotating materials, under this subchapter. (3) Notwithstanding section 98b(c) of this title or any other provision of law, whenever the President provides under subsection (a)(3) of this section for the upgrading, refining, or processing of a material in the stockpile to convert that material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency, the President may barter a portion of the same material (or any other material in the stockpile that is authorized for disposal) to finance that upgrading, refining, or processing. (4) To the extent otherwise authorized by law, property owned by the United States may be bartered for materials needed for the stockpile. (d) Waiver; notification of proposed disposal of materials (1) The President may waive the applicability of any provision of the first sentence of subsection (b) of this section to any acquisition of material for, or disposal of material from, the stockpile. Whenever the President waives any such provision with respect to any such acquisition or disposal, or whenever the President determines that the application of paragraph (1) or (2) of such subsection to a particular acquisition or disposal is not feasible, the President shall notify the Committees on Armed Services of the Senate and House of Representatives in writing of the proposed acquisition or disposal at least thirty days before any obligation of the United States is incurred in connection with such acquisition or disposal and shall include in such notification the reasons for not complying with any provision of such subsection. (2) Materials in the stockpile may be disposed of under subsection (a)(5) of this section only if the Committees on Armed Services of the Senate and House of Representatives are notified in writing of the proposed disposal at least thirty days before any obligation of the United States is incurred in connection with such disposal. (e) Leasehold interests in property The President may acquire leasehold interests in property, for periods not in excess of twenty years, for storage, security, and maintenance of materials in the stockpile. -SOURCE- (June 7, 1939, ch. 190, Sec. 6, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 321, and amended Aug. 13, 1981, Pub. L. 97-35, title II, Sec. 203(c), 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div. C, title II, Sec. 3207(b), 100 Stat. 4069; Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, Sec. 3314, 103 Stat. 1688; Nov. 5, 1990, Pub. L. 101-510, div. C, title XXXIII, Sec. 3301(a), (b), 104 Stat. 1844.) -MISC1- PRIOR PROVISIONS A prior section 98e, acts June 7, 1939, ch. 190, Sec. 6, 53 Stat. 812; May 28, 1941, ch. 135, 55 Stat. 206; July 23, 1946, ch. 590, 60 Stat. 598; Ex. Ord. No. 9809, eff. Dec. 12, 1946, 11 F.R. 14281; Ex. Ord. No. 9841, eff. Apr. 23, 1947, 12 F.R. 2645; June 30, 1949, ch. 288, title I, Sec. 105, 63 Stat. 381; 1953 Reorg. Plan No. 3, Sec. 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175, which related to transfer of surplus materials to stock piles, was repealed by section 2(a) of Pub. L. 96-41. See section 98c(b) of this title. Provisions similar to those comprising this section were contained in former section 98b of this title prior to repeal of that section by Pub. L. 96-41. AMENDMENTS 1990 - Subsec. (a)(3). Pub. L. 101-510, Sec. 3301(b)(1), substituted 'upgrading, refining,' for 'refining', inserted '(notwithstanding any intermediate stockpile quantity established for such material)' after 'stockpile', and substituted 'storage, subsequent disposition, and immediate use in a national emergency' for 'storage and subsequent disposition'. Subsec. (c)(1). Pub. L. 101-510, Sec. 3301(b)(2), inserted 'under subsection (a)(1) of this section' after 'the acquisition' and 'under subsection (a)(5) or (a)(6) of this section' after 'the disposal'. Subsec. (c)(2). Pub. L. 101-510, Sec. 3301(b)(3), substituted '(the disposition of which is authorized by paragraph (3) to finance the upgrading, refining, or processing of a material in the stockpile, or is otherwise authorized by law)' for ', the disposition of which is authorized by law,' and 'of upgrading, refining' for 'of refining'. Subsec. (c)(3), (4). Pub. L. 101-510, Sec. 3301(a), added par. (3) and redesignated former par. (3) as (4). 1989 - Subsec. (b). Pub. L. 101-189, Sec. 3314(1), inserted 'and' at end of par. (1), substituted a period for '; and' at end of par. (2), and struck out par. (3) which read as follows: 'disposal of such materials shall be made for domestic consumption.' Subsec. (d)(1). Pub. L. 101-189, Sec. 3314(2), substituted 'paragraph (1) or (2)' for 'paragraph (1), (2), or (3)'. 1986 - Subsec. (a)(3). Pub. L. 99-661 substituted 'a form more' for 'the form most'. 1981 - Subsec. (a)(6). Pub. L. 97-35 inserted reference to section 98d(b) of this title. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. -MISC5- ACQUISITION OF DEPLETED URANIUM FOR NATIONAL DEFENSE STOCKPILE Pub. L. 101-511, title VIII, Sec. 8095, Nov. 5, 1990, 104 Stat. 1896, provided that: 'Using funds available in the National Defense Stockpile Transaction Fund, the President shall acquire over a period of ten years from current domestic sources not less than thirty-six million pounds of depleted uranium to be held in the National Defense Stockpile.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98d, 98h, 98h-2, 98h-7 of this title. ------DocID 55994 Document 93 of 1268------ -CITE- 50 USC Sec. 98e-1 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98e-1. Transferred -COD- CODIFICATION Section, act June 7, 1939, ch. 190, Sec. 6A, as added Nov. 14, 1986, Pub. L. 99-661, div. C, title II, Sec. 3202(a), 100 Stat. 4067, and amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3203(a), 101 Stat. 1246, which related to National Defense Stockpile Manager, was transferred to section 98h-7 of this title. ------DocID 55995 Document 94 of 1268------ -CITE- 50 USC Sec. 98f -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98f. Special Presidential disposal authority -STATUTE- (a) Materials in the stockpile may be released for use, sale, or other disposition - (1) on the order of the President, at any time the President determines the release of such materials is required for purposes of the national defense; and (2) in time of war declared by the Congress or during a national emergency, on the order of any officer or employee of the United States designated by the President to have authority to issue disposal orders under this subsection, if such officer or employee determines that the release of such materials is required for purposes of the national defense. (b) Any order issued under subsection (a) of this section shall be promptly reported by the President, or by the officer or employee issuing such order, in writing, to the Committees on Armed Services of the Senate and House of Representatives. -SOURCE- (June 7, 1939, ch. 190, Sec. 7, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 322.) -MISC1- PRIOR PROVISIONS A prior section 98f, acts June 7, 1939, ch. 190, Sec. 7, 53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 599, which related to investigations of domestic ores, minerals, and agriculture resources for purposes of development, etc., was repealed by section 2(a) of Pub. L. 96-41. Provisions similar to those comprising this section were contained in former section 98d of this title prior to repeal of that section by Pub. L. 96-41. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98d, 98e, 98h, 98h-7 of this title. ------DocID 55996 Document 95 of 1268------ -CITE- 50 USC Sec. 98g -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98g. Materials development and research -STATUTE- (a) Development, mining, preparation, treatment, and utilization of ores and other mineral substances (1) The President shall make scientific, technologic, and economic investigations concerning the development, mining, preparation, treatment, and utilization of ores and other mineral substances that (A) are found in the United States, or in its territories or possessions, (B) are essential to the national defense, industrial, and essential civilian needs of the United States, and (C) are found in known domestic sources in inadequate quantities or grades. (2) Such investigations shall be carried out in order to - (A) determine and develop new domestic sources of supply of such ores and mineral substances; (B) devise new methods for the treatment and utilization of lower grade reserves of such ores and mineral substances; and (C) develop substitutes for such essential ores and mineral products. (3) Investigations under paragraph (1) may be carried out on public lands and, with the consent of the owner, on privately owned lands for the purpose of exploring and determining the extent and quality of deposits of such minerals, the most suitable methods of mining and beneficiating such minerals, and the cost at which the minerals or metals may be produced. (b) Development of sources of supplies of agricultural materials; use of agricultural commodities for manufacture of materials The President shall make scientific, technologic, and economic investigations of the feasibility of developing domestic sources of supplies of any agricultural material or for using agricultural commodities for the manufacture of any material determined pursuant to section 98b(a) of this title to be a strategic and critical material or substitutes therefor. (c) Development of sources of supply of other materials; development or use of alternative methods for refining or processing materials in stockpile The President shall make scientific, technologic, and economic investigations concerning the feasibility of - (1) developing domestic sources of supply of materials (other than materials referred to in subsections (a) and (b) of this section) determined pursuant to section 98b(a) of this title to be strategic and critical materials; and (2) developing or using alternative methods for the refining or processing of a material in the stockpile so as to convert such material into a form more suitable for use during an emergency or for storage. (d) Grants and contracts to encourage conservation of strategic and critical materials The President shall encourage the conservation of domestic sources of any material determined pursuant to section 98b(a) of this title to be a strategic and critical material by making grants or awarding contracts for research regarding the development of - (1) substitutes for such material; or (2) more efficient methods of production or use of such material. -SOURCE- (June 7, 1939, ch. 190, Sec. 8, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 322, and amended Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, Sec. 3311, 103 Stat. 1686.) -MISC1- PRIOR PROVISIONS A prior section 98g, act June 7, 1939, ch. 190, Sec. 8, as added July 23, 1946, ch. 590, 60 Stat. 600, and amended 1953 Reorg. Plan No. 3, Sec. 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175, which authorized appropriations for procurement, transportation, maintenance, rotation, storage, and refining or processing of materials acquired under this subchapter, was repealed by section 2(a) of Pub. L. 96-41. See section 98d(c) of this title. Provisions similar to those comprising this section were contained in former section 98f of this title prior to repeal of that section by Pub. L. 96-41. AMENDMENTS 1989 - Subsecs. (c), (d). Pub. L. 101-189 added subsecs. (c) and (d). -TRANS- DELEGATION OF FUNCTIONS Functions of President under subsec. (a) of this section delegated to Secretary of the Interior and functions of President under subsec. (b) of this section delegated to Secretary of Agriculture by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98h-2 of this title. ------DocID 55997 Document 96 of 1268------ -CITE- 50 USC Sec. 98h -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h. National Defense Stockpile Transaction Fund -STATUTE- (a) Establishment There is established in the Treasury of the United States a separate fund to be known as the National Defense Stockpile Transaction Fund (hereinafter in this section referred to as the 'fund'). (b) Fund operations (1) All moneys received from the sale of materials in the stockpile under paragraphs (5) and (6) of section 98e(a) of this title shall be covered into the fund. (2) Subject to section 98d(a)(1) of this title, moneys covered into the fund under paragraph (1) are hereby made available (subject to such limitations as may be provided in appropriation Acts) for the following purposes: (A) The acquisition of strategic and critical materials under section 98e(a)(1) of this title. (B) Transportation, storage, and other incidental expenses related to such acquisition. (C) Development of current specifications of stockpile materials and the upgrading of existing stockpile materials to meet current specifications (including transportation, when economical, related to such upgrading). (D) Testing and quality studies of stockpile materials. (E) Studying future material and mobilization requirements for the stockpile. (F) Activities authorized under section 98h-6 of this title. (3) Moneys in the fund shall remain available until expended. (c) Moneys received from sale of materials being rotated or disposed of All moneys received from the sale of materials being rotated under the provisions of section 98e(a)(4) of this title or disposed of under section 98f(a) of this title shall be covered into the fund and shall be available only for the acquisition of replacement materials. (d) Effect of bartering If, during a fiscal year, the National Defense Stockpile Manager barters materials in the stockpile for the purpose of acquiring, upgrading, refining, or processing other materials (or for services directly related to that purpose), the contract value of the materials so bartered shall - (1) be applied toward the total value of materials that are authorized to be disposed of from the stockpile during that fiscal year; (2) be treated as an acquisition for purposes of satisfying any requirement imposed on the National Defense Stockpile Manager to enter into obligations during that fiscal year under subsection (b)(2) of this section; and (3) not increase or decrease the balance in the fund. -SOURCE- (June 7, 1939, ch. 190, Sec. 9, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 323, and amended Aug. 13, 1981, Pub. L. 97-35, title II, Sec. 203(d), 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div. C, title II, Sec. 3203(a), 100 Stat. 4067; Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3204, 101 Stat. 1247; Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, Sec. 3312(b), 103 Stat. 1688; Nov. 5, 1990, Pub. L. 101-510, div. C, title XXXIII, Sec. 3301(c), 104 Stat. 1845.) -MISC1- PRIOR PROVISIONS A prior section 98h, act June 7, 1939, ch. 190, Sec. 9, as added July 23, 1946, ch. 590, 60 Stat. 600, which related to disposition of receipts, was repealed by section 2(a) of Pub. L. 96-41. See section 98h(b)(1) of this title. AMENDMENTS 1990 - Subsec. (d). Pub. L. 101-510 added subsec. (d). 1989 - Subsec. (b)(2)(F). Pub. L. 101-189 added subpar. (F). 1987 - Subsec. (b)(2)(F). Pub. L. 100-180 struck out subpar. (F) which related to other reasonable requirements for management of stockpile. 1986 - Subsec. (b)(1). Pub. L. 99-661, Sec. 3203(a)(1), struck out 'Such moneys shall remain in the fund until appropriated.' after 'covered into the fund.' Subsec. (b)(2), (3). Pub. L. 99-661, Sec. 3203(a)(2), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows: '(2) Moneys covered into the fund under paragraph (1) shall be available, when appropriated therefor, only for the acquisition of strategic and critical materials under section 98e(a)(1) of this title (and for transportation related to such acquisition). '(3) Moneys in the fund, when appropriated, shall remain available until expended, unless otherwise provided in appropriation Acts.' 1981 - Subsec. (b). Pub. L. 97-35 in par. (1) struck out provisions relating to moneys remaining in the fund at the end of the third fiscal year following the fiscal year in which received, and in par. (3) substituted provisions respecting funds remaining available until expended, for provisions relating to funds remaining available for a period of five fiscal years. USE OF FUNDS FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND TO MEET NATIONAL DEFENSE STOCKPILE GOALS AND SPECIFICATIONS IN EFFECT ON OCTOBER 1, 1984 Pub. L. 100-440, title V, Sec. 518, Sept. 22, 1988, 102 Stat. 1748, provided that: 'No later than October 1, 1989, the Administrator of General Services, or any Federal officer assuming the Administrator's responsibilities with respect to management of the stockpile, shall use all funds authorized and appropriated before January 1, 1985 from the National Defense Stockpile Transaction Fund to evaluate, test, relocate, upgrade or purchase stockpile materials to meet National Defense Stockpile goals and specifications in effect on October 1, 1984.' Similar provisions were contained in the following prior appropriation acts: Pub. L. 100-202, Sec. 101(m) (title V, Sec. 519), Dec. 22, 1987, 101 Stat. 1329-390, 1329-417. Pub. L. 99-500, Sec. 101(m) (title V, Sec. 520), Oct. 18, 1986, 100 Stat. 1783-308, 1783-326, and Pub. L. 99-591, Sec. 101(m) (title V, Sec. 520), Oct. 30, 1986, 100 Stat. 3341-308, 3341-326. DEPOSIT OF FUNDS ACCRUING FROM NAVAL PETROLEUM RESERVES Pub. L. 98-525, title IX, Sec. 905, Oct. 19, 1984, 98 Stat. 2574, as amended by Pub. L. 99-145, title XVI, Sec. 1611(a), Nov. 8, 1985, 99 Stat. 776, provided that: 'There shall be deposited into the National Defense Stockpile Transaction Fund established under section 9 of the Act (50 U.S.C. 98h) 30 percent of all money accruing to the United States during fiscal years 1985 and 1986 from lands in the naval petroleum and oil shale reserves (less amounts spent for exploration, development and operation of those reserves and related expenses during that period). Moneys deposited into the Fund under this subsection shall be deemed to have been covered into the Fund under section 9(b) of the Act.' ------DocID 55998 Document 97 of 1268------ -CITE- 50 USC Sec. 98h-1 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h-1. Advisory committees -STATUTE- (a) The President may appoint advisory committees composed of individuals with expertise relating to materials in the stockpile or with expertise in stockpile management to advise the President with respect to the acquisition, transportation, processing, refining, storage, security, maintenance, rotation, and disposal of such materials under this subchapter. (b) Each member of an advisory committee established under subsection (a) of this section while serving on the business of the advisory committee away from such member's home or regular place of business shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons intermittently employed in the Government service. -SOURCE- (June 7, 1939, ch. 190, Sec. 10, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 323.) -MISC1- PRIOR PROVISIONS A prior section 10 of act June 7, 1939, ch. 190, Sec. 10, was renumbered section 13 and is classified to section 98h-4 of this title. Provisions similar to those comprising this section were contained in former section 98a(b) of this title prior to repeal of that section by Pub. L. 96-41. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. -MISC5- TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 55999 Document 98 of 1268------ -CITE- 50 USC Sec. 98h-2 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h-2. Reports to Congress -STATUTE- (a) The President shall submit to the Congress every six months a written report detailing operations under this subchapter. Each such report shall include - (1) information with respect to foreign and domestic purchases of materials during the preceding six-month period; (2) information with respect to the acquisition and disposal of materials under this subchapter by barter, as provided for in section 98e(c) of this title, during such period; (3) information with respect to the activities by the Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials within the United States; (4) information with respect to the research and development activities conducted under sections 98a and 98g of this title; (5) a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and the anticipated appropriations to be made to the fund, and obligations to be made from the fund, during the next fiscal year; and (6) such other pertinent information on the administration of this subchapter as will enable the Congress to evaluate the effectiveness of the program provided for under this subchapter and to determine the need for additional legislation. (b) Not later than February 15 of each year, the President shall submit to the appropriate committees of the Congress a report containing an annual materials plan for the operation of the stockpile during the next fiscal year and the succeeding four fiscal years. Each such report shall include details of all planned expenditures from the National Defense Stockpile Transaction Fund during such period (including expenditures to be made from appropriations from the general fund of the Treasury) and of anticipated receipts from proposed disposals of stockpile materials during such period. Any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title, that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate. -SOURCE- (June 7, 1939, ch. 190, Sec. 11, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 324, and amended Aug. 13, 1981, Pub. L. 97-35, title II, Sec. 203(e), 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div. C, title II, Sec. 3207(a)(3), 100 Stat. 4069; Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3205, 101 Stat. 1247; Sept. 29, 1988, Pub. L. 100-456, div. A, title XV, Sec. 1503, 102 Stat. 2086; Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, Sec. 3315, 103 Stat. 1688.) -MISC1- PRIOR PROVISIONS A prior section 11 of act June 7, 1939, ch. 190, formerly Sec. 10, as added July 23, 1946, ch. 590, 60 Stat. 596, and renumbered Pub. L. 92-156, title V, Sec. 503(1), Nov. 17, 1971, 85 Stat. 427, which was set out as a Short Title note under section 98 of this title, was repealed by section 2(b)(2) of Pub. L. 96-41. Provisions similar to those comprising this section were contained in former section 98c of this title prior to repeal of that section by Pub. L. 96-41. AMENDMENTS 1989 - Subsec. (a)(5). Pub. L. 101-189 substituted 'made to the fund, and obligations to be made from the fund,' for 'made from the fund'. 1988 - Subsec. (a)(3) to (6). Pub. L. 100-456, Sec. 1503(a), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively. Subsec. (b). Pub. L. 100-456, Sec. 1503(b), substituted 'the next fiscal year' for 'such fiscal year' and 'all planned expenditures from the National Defense Stockpile Transaction Fund' for 'planned expenditures for acquisition of strategic and critical materials' and inserted at end 'Any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title, that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate.' 1987 - Subsec. (b). Pub. L. 100-180 substituted 'Not later than February 15 of each year, the President' for 'The President' and struck out 'each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31 for the next fiscal year,' after 'Congress'. 1986 - Subsec. (b). Pub. L. 99-661 substituted 'each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31 for the next fiscal year,' for each year with the Budget submitted to Congress pursuant to section 201a of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), for the next fiscal year'. 1981 - Pub. L. 97-35 designated existing provisions as subsec. (a) and added subsec. (b). -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98b, 98d, 98h-5, 98h-6 of this title. ------DocID 56000 Document 99 of 1268------ -CITE- 50 USC Sec. 98h-3 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h-3. Definitions -STATUTE- For the purposes of this subchapter: (1) The term 'strategic and critical materials' means materials that (A) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (B) are not found or produced in the United States in sufficient quantities to meet such need. (2) The term 'national emergency' means a general declaration of emergency with respect to the national defense made by the President or by the Congress. -SOURCE- (June 7, 1939, ch. 190, Sec. 12, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 324.) ------DocID 56001 Document 100 of 1268------ -CITE- 50 USC Sec. 98h-4 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h-4. Importation of strategic and critical materials -STATUTE- The President may not prohibit or regulate the importation into the United States of any material determined to be strategic and critical pursuant to the provisions of this subchapter, if such material is the product of any foreign country or area not listed as a Communist-dominated country or area in general note 3(b) of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for so long as the importation into the United States of material of that kind which is the product of such Communist-dominated countries or areas is not prohibited by any provision of law. -SOURCE- (June 7, 1939, ch. 190, Sec. 13, formerly Sec. 10, as added Nov. 17, 1971, Pub. L. 92-156, title V, Sec. 503(2), 85 Stat. 427; renumbered Sec. 10, July 30, 1979, Pub. L. 96-41, Sec. 2(b)(1), 93 Stat. 324; amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3206(b), (c), 101 Stat. 1247; Aug. 23, 1988, Pub. L. 100-418, title I, Sec. 1214(o), 102 Stat. 1159.) -REFTEXT- REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties. -COD- CODIFICATION Section was formerly classified to section 98h-1 of this title. -MISC3- AMENDMENTS 1988 - Pub. L. 100-418 substituted 'general note 3(b) of the Harmonized Tariff Schedule of the United States' for 'general headnote 3(d) of the Tariff Schedules of the United States'. 1987 - Pub. L. 100-180 inserted section catchline and, in text, substituted 'The President' for 'Notwithstanding any other provision of law, on and after January 1, 1972, the President'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98h-7 of this title. ------DocID 56002 Document 101 of 1268------ -CITE- 50 USC Sec. 98h-5 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h-5. Annual report on stockpile requirements -STATUTE- (a) In general The Secretary of Defense shall submit to Congress an annual report on stockpile requirements. Each such report shall be submitted with the annual report submitted under section 98h-2(b) of this title and shall include - (1) the Secretary's recommendations with respect to stockpile requirements; and (2) the matters required under subsection (b) of this section. (b) Contents Each report under this section shall set forth the national emergency planning assumptions used in determining the stockpile requirements recommended by the Secretary, based upon total mobilization of the economy of the United States for a sustained conventional global war for a period of not less than three years. Assumptions to be set forth include assumptions relating to each of the following: (1) Length and intensity of the assumed emergency. (2) The military force structure to be mobilized. (3) Losses from enemy action. (4) Military, industrial, and essential civilian requirements to support the national emergency. (5) Budget authority necessary to meet the requirements of total mobilization for the military, industrial, and essential civilian sectors. (6) The availability of supplies of strategic and critical materials from foreign sources, taking into consideration possible shipping losses. (7) Domestic production of strategic and critical materials. (8) Civilian austerity measures. (c) Plans of President The President shall submit with each report under this section a statement of the plans of the President for meeting the recommendations of the Secretary set forth in the report. -SOURCE- (June 7, 1939, ch. 190, Sec. 14, as added Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3202(c), 101 Stat. 1246.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98b of this title. ------DocID 56003 Document 102 of 1268------ -CITE- 50 USC Sec. 98h-6 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h-6. Development of domestic sources -STATUTE- (a) Purchase of materials of domestic origin; processing of materials in domestic facilities Subject to subsection (c) of this section and to the extent the President determines such action is required for the national defense, the President shall encourage the development of domestic sources for materials determined pursuant to section 98b(a) of this title to be strategic and critical materials - (1) by purchasing, or making a commitment to purchase, strategic and critical materials of domestic origin when such materials are needed for the stockpile; and (2) by contracting with domestic facilities, or making a commitment to contract with domestic facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage and subsequent disposition. (b) Terms and conditions of contracts and commitments A contract or commitment made under subsection (a) of this section may not exceed five years from the date of the contract or commitment. Such purchases and commitments to purchase may be made for such quantities and on such terms and conditions, including advance payments, as the President considers to be necessary. (c) Proposed transactions included in annual materials plan; availability of funds (1) Descriptions of proposed transactions under subsection (a) of this section shall be included in the appropriate annual materials plan submitted to Congress under section 98h-2(b) of this title. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in the manner provided by section 98d(a)(2) of this title. (2) The authority of the President to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund are adequate to meet such obligations. Payments required to be as a result of obligations incurred under this section shall be made from amounts in the fund. (d) Transportation and incidental expenses The authority of the President under subsection (a) of this section includes the authority to pay - (1) the expenses of transporting materials; and (2) other incidental expenses related to carrying out such subsection. (e) Reports The President shall include in the reports required under section 98h-2(a) of this title information with respect to activities conducted under this section. -SOURCE- (June 7, 1939, ch. 190, Sec. 15, as added Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, Sec. 3312(a), 103 Stat. 1687.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98h of this title. ------DocID 56004 Document 103 of 1268------ -CITE- 50 USC Sec. 98h-7 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h-7. National Defense Stockpile Manager -STATUTE- (a) Appointment The President shall designate a single Federal office to have responsibility for performing the functions of the President under this subchapter, other than under sections 98f and 98h-4 of this title. The office designated shall be one to which appointment is made by the President, by and with the advice and consent of the Senate. (b) Title of designated officer The individual holding the office designated by the President under subsection (a) of this section shall be known for purposes of functions under this subchapter as the 'National Defense Stockpile Manager'. (c) Delegation of functions The President may delegate functions of the President under this subchapter (other than under sections 98f and 98h-4 of this title) only to the National Defense Stockpile Manager. Any such delegation made by the President shall remain in effect until specifically revoked by law or Executive order. The President may not delegate functions of the President under sections 98f and 98h-4 of this title. (d) Period of vacancy During any period during which there is no officer appointed by the President, by and with the advice and consent of the Senate, serving in the position designated by the President under subsection (a) of this section or during which the authority of the President under this subchapter (other than under sections 98f and 98h-4 of this title) has not been delegated to that position, no action may be taken under section 98e(a)(6) of this title. -SOURCE- (June 7, 1939, ch. 190, Sec. 16, formerly Sec. 6A, as added Nov. 14, 1986, Pub. L. 99-661, div. C, title II, Sec. 3202(a), 100 Stat. 4067, and amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3203(a), 101 Stat. 1246; renumbered Sec. 16 and amended Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, Sec. 3313, 103 Stat. 1688.) -MISC1- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-189, Sec. 3313(b)(1), substituted 'sections 98f and 98h-4' for 'sections 98f, 98g, and 98h-4'. Subsec. (c). Pub. L. 101-189, Sec. 3313(b)(1), (2), substituted 'sections 98f and 98h-4' for 'sections 98f, 98g, and 98h-4' and inserted at end 'The President may not delegate functions of the President under sections 98f and 98h-4 of this title.' after 'Executive order.' Subsec. (d). Pub. L. 101-189, Sec. 3313(b)(1), (3), substituted 'sections 98f and 98h-4' for 'sections 98f, 98g, and 98h-4' and 'section 98e(a)(6)' for 'section 98e(b) or 98e(d)'. 1987 - Pub. L. 100-180 amended section generally, revising and restating provisions of subsecs. (a) and (b) and adding subsecs. (c) and (d). SAVINGS PROVISION Section 3203(c) of Pub. L. 100-180 provided that: 'Unless otherwise directed by the President under section 6A (renumbered Sec. 16) of the Strategic and Critical Materials Stock Piling Act (this section), as amended by subsection (a), the designation of a National Defense Stockpile Manager in effect on the day before the date of the enactment of this Act (Dec. 4, 1987) shall remain in effect until the individual so designated ceases to hold the office held by the individual at the time of the designation.' -TRANS- DESIGNATION OF NATIONAL DEFENSE STOCKPILE MANAGER; DELEGATION OF FUNCTIONS The Secretary of Defense was designated National Defense Stockpile Manager and functions of the President under this section were delegated to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. -MISC5- DEADLINE FOR DESIGNATION OF MANAGER Section 3202(b) of Pub. L. 99-661 provided that: 'The President shall designate an official as the National Defense Stockpile Manager, as required by section 6A (renumbered Sec. 16) of the Strategic and Critical Materials Stock Piling Act (this section) (as added by subsection (a)), not later than February 15, 1987.' ------DocID 56005 Document 104 of 1268------ -CITE- 50 USC Sec. 98i -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98i. Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72 Stat. 1570 -MISC1- Section, act Aug. 3, 1956, ch. 939, title IV, Sec. 416, 70 Stat. 1018, related to contracts for storage, handling, and distribution of liquid fuels. See section 2388 of Title 10, Armed Forces. Section was not enacted as part of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter. ------DocID 56006 Document 105 of 1268------ -CITE- 50 USC Sec. 99 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 99. Transferred -COD- CODIFICATION Section, act July 2, 1940, ch. 508, Sec. 6, 54 Stat. 714, was transferred to section 701 of Appendix to this title and repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641. ------DocID 56007 Document 106 of 1268------ -CITE- 50 USC Sec. 100 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 100. Nitrate plants -STATUTE- (a) Investigations; designation of sites; construction and operation of dams, locks, improvements to navigation, etc. The President of the United States may make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is the best and cheapest to use; and is also authorized to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for national defense; and is further authorized to construct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and other plants and equipment or other means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products. (b) Lease, purchase, or acquisition of lands and rights of way; purchase or acquisition of materials, minerals, and processes The President is authorized to lease, buy, or acquire, by condemnation, gift, grant, or devise, such lands and rights of way as may be necessary for the construction and operation of such plants and to take from any lands of the United States, or to buy or acquire by condemnation materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. (c) Use of products of plants; disposal of surplus The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by him under such regulations as he may prescribe. (d) Employment of officers, agents, or agencies The President is authorized to employ such officers, agents, or agencies as may in his discretion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to perform any and all of the duties imposed upon him by the provisions hereof. (e) Government construction and operation The plant or plants provided for under this section shall be constructed and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital. -SOURCE- (Aug. 10, 1956, ch. 1041, Sec. 37, 70A Stat. 634.) -COD- CODIFICATION Section was not enacted as part of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter. ------DocID 56008 Document 107 of 1268------ -CITE- 50 USC Sec. 100a -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 100a. Omitted -COD- CODIFICATION Section, which was from the Department of Defense Appropriation Act, 1983, Pub. L. 97-377, title I, Sec. 101(c) (title VII, Sec. 712), Dec. 21, 1982, 96 Stat. 1833, 1851, prohibited use of funds available to Department of Defense agencies for acquisition, construction, or operation of certain scrap-processing facilities, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 712, 95 Stat. 1580. Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 713, 94 Stat. 3082. Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 713, 93 Stat. 1154. Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 813, 92 Stat. 1246. Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 812, 91 Stat. 901. Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 712, 90 Stat. 1293. Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 712, 90 Stat. 170. Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 812, 88 Stat. 1226. Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 712, 87 Stat. 1040. Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 712, 86 Stat. 1198. Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 712, 85 Stat. 729. Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 812, 84 Stat. 2032. Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 612, 83 Stat. 481. Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 511, 82 Stat. 1131. Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 611, 81 Stat. 244. Oct. 15, 1966, Pub. L. 89-687, title VI, Sec. 611, 80 Stat. 992. Sept. 29, 1965, Pub. L. 89-213, title VI, Sec. 611, 79 Stat. 875. Aug. 19, 1964, Pub. L. 88-446, title V, Sec. 511, 78 Stat. 476. Oct. 17, 1963, Pub. L. 88-149, title V, Sec. 511, 77 Stat. 265. Aug. 9, 1962, Pub. L. 87-577, title V, Sec. 511, 76 Stat. 329. Aug. 17, 1961, Pub. L. 87-144, title VI, Sec. 611, 75 Stat. 377. July 7, 1960, Pub. L. 86-601, title V, Sec. 511, 74 Stat. 351. Aug. 18, 1959, Pub. L. 86-166, title V, Sec. 611, 73 Stat. 380. Aug. 22, 1958, Pub. L. 85-724, title VI, Sec. 611, 72 Stat. 725. Aug. 2, 1957, Pub. L. 85-117, title VI, Sec. 612, 71 Stat. 325. July 2, 1956, ch. 488, title VI, Sec. 612, 70 Stat. 469. July 13, 1955, ch. 358, title VI, Sec. 615, 69 Stat. 317. June 30, 1954, ch. 432, title VII, Sec. 715, 68 Stat. 352. ------DocID 56009 Document 108 of 1268------ -CITE- 50 USC CHAPTER 6 -EXPCITE- TITLE 50 CHAPTER 6 -HEAD- CHAPTER 6 - WILLFUL DESTRUCTION, ETC., OF WAR OR NATIONAL-DEFENSE MATERIAL ------DocID 56010 Document 109 of 1268------ -CITE- 50 USC Sec. 101 to 106 -EXPCITE- TITLE 50 CHAPTER 6 -HEAD- Sec. 101 to 106. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 101, acts Apr. 20, 1918, ch. 59, Sec. 1, 40 Stat. 533; Nov. 30, 1940, ch. 926, 54 Stat. 1220; Dec. 24, 1942, ch. 824, 56 Stat. 1087; 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related to definition of war terms. See section 2151 of Title 18, Crimes and Criminal Procedure. Section 102, act Apr. 20, 1918, ch. 59, Sec. 2, 40 Stat. 534, related to destruction or injury of war material in time of war. See section 2153 of Title 18. Section 103, act Apr. 20, 1918, ch. 59, Sec. 3, 40 Stat. 534, related to making or causing to be made defective war material. See section 2154 of Title 18. Section 104, act Apr. 20, 1918, ch. 59, Sec. 4, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, and amended Aug. 21, 1941, ch. 388, 55 Stat. 655, related to definition of national-defense terms. See section 2151 of Title 18. Section 105, act Apr. 20, 1918, ch. 59, Sec. 5, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, related to destruction or injury of national-defense materials. See section 2155 of Title 18. Section 106, act Apr. 20, 1918, ch. 59, Sec. 6, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, related to making or causing to be made defective national-defense material. See section 2156 of Title 18. EFFECTIVE DATE OF REPEAL Repeal of sections 101 to 106 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure. ------DocID 56011 Document 110 of 1268------ -CITE- 50 USC CHAPTER 7 -EXPCITE- TITLE 50 CHAPTER 7 -HEAD- CHAPTER 7 - INTERFERENCE WITH HOMING PIGEONS OWNED BY UNITED STATES ------DocID 56012 Document 111 of 1268------ -CITE- 50 USC Sec. 111 to 113 -EXPCITE- TITLE 50 CHAPTER 7 -HEAD- Sec. 111 to 113. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 111, act Apr. 19, 1918, ch. 58, Sec. 1, 40 Stat. 533, related to prohibited acts affecting homing pigeons owned by United States. See section 45 of Title 18, Crimes and Criminal Procedure. Section 112, act Apr. 19, 1918, ch. 58, Sec. 2, 40 Stat. 533, related to possession of pigeons as evidence of violation of law. See section 45 of Title 18. Section 113, act Apr. 19, 1918, ch. 58, Sec. 3, 40 Stat. 533, related to punishment. See section 45 of Title 18. EFFECTIVE DATE OF REPEAL Repeal of sections 111 to 113 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure. ------DocID 56013 Document 112 of 1268------ -CITE- 50 USC CHAPTER 8 -EXPCITE- TITLE 50 CHAPTER 8 -HEAD- CHAPTER 8 - EXPLOSIVES; MANUFACTURE, DISTRIBUTION, STORAGE, USE, AND POSSESSION REGULATED ------DocID 56014 Document 113 of 1268------ -CITE- 50 USC Sec. 121 to 144 -EXPCITE- TITLE 50 CHAPTER 8 -HEAD- Sec. 121 to 144. Repealed. Pub. L. 91-452, title XI, Sec. 1106(a), Oct. 15, 1970, 84 Stat. 960 -MISC1- Section 121, acts Oct. 6, 1917, ch. 83, Sec. 1, 40 Stat. 385; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 863, defined 'explosive', 'explosives', 'ingredients', 'person', and 'Director'. See section 841 of Title 18, Crimes and Criminal Procedure. Section 122, acts Oct. 6, 1917, ch. 83, Sec. 2, 40 Stat. 385; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 864, related to unauthorized manufacture, distribution, possession, acquisition, etc., of explosives or ingredients. See section 842 of Title 18. Section 123, acts Oct. 6, 1917, ch. 83, Sec. 3, 40 Stat. 386; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 864; Nov. 24, 1942, ch. 641, 56 Stat. 1022; Aug. 23, 1958, Pub. L. 85-726, title XIV, Sec. 1405, 72 Stat. 808; Oct. 15, 1966, Pub. L. 89-670, Sec. 8(f), 80 Stat. 943, excepted from provisions of this chapter purchase or possession of ingredients when purchased or held in small quantities and not used or intended to be used in manufacture of explosives, explosives or ingredients in transit in conformity with applicable law, explosives manufactured under authority of the United States for armed forces or the F.B.I., and arsenals, etc., owned by, or operated by or on behalf of, the United States. See section 845 of Title 18. Section 124, acts Oct. 6, 1917, ch. 83, Sec. 4, 40 Stat. 386; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 864, authorized a superintendent, foreman, or other duly authorized employee at a mine, quarry, or other work, when licensed, to sell or issue to any employee under him such amount of explosives or ingredients required by that employee in performance of his duties. See section 843 of Title 18. Section 125, acts Oct. 6, 1917, ch. 83, Sec. 2, 40 Stat. 385; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 863, related to applicability of prohibitory provisions of this chapter. Section 126, acts Oct. 6, 1917, ch. 83, Sec. 5, 40 Stat. 386; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 864, required licensees to keep records of disposition of explosives or ingredients. See section 843 of Title 18. Section 127, acts Oct. 6, 1917, ch. 83, Sec. 6, 40 Stat. 386; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 865, authorized issuance of licenses. See section 843 of Title 18. Section 128, acts Oct. 6, 1917, ch. 83, Sec. 7, 40 Stat. 386; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 865, set forth procedure for issuance of licenses and fees for such licenses. Section 129, acts Oct. 6, 1917, ch. 83, Sec. 8, 40 Stat. 386; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 865; Ex. Ord. No. 9287, eff. Dec. 24, 1942, 7 F.R. 10897, provided for term of license, qualifications of applicants for licenses, and revocation of license. See section 843 of Title 18. Section 130, acts Oct. 6, 1917, ch. 83, Sec. 9, 40 Stat. 386; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 866, set forth contents of applications for licenses. See section 843 of Title 18. Section 131, acts Oct. 6, 1917, ch. 83, Sec. 10, 40 Stat. 387; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 866, required licensee or applicant to furnish information upon request of Director or his authorized representative. See section 843 of Title 18. Section 132, acts Oct. 6, 1917, ch. 83, Sec. 11, 40 Stat. 387; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 867, related to false representations as to required license. Section 133, acts Oct. 6, 1917, ch. 83, Sec. 12, 40 Stat. 387; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 867, related to markings on manufacturing or storage premises for explosives. Section 134, act July 1, 1918, ch. 113, 40 Stat. 671, related to cancellation of licenses for violations of law. See section 844 of Title 18. Section 135, acts Oct. 6, 1917, ch. 83, Sec. 13, 40 Stat. 388; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 867, related to exclusion of public from manufacturing or storage premises for explosives and discharge of firearms, etc., on such premises. Section 136, acts Oct. 6, 1917, ch. 83, Sec. 14, 40 Stat. 388; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 867, authorized investigations by Director of explosions and fires involving explosives or ingredients of explosives. Section 137, acts Oct. 6, 1917, ch. 83, Sec. 15, 40 Stat. 388; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 867, authorized Director to exercise authority conferred upon him by this chapter under supervision of Secretary of the Interior and cooperation of other agencies with Director in administration and enforcement of this chapter. Section 138, acts Oct. 6, 1917, ch. 83, Sec. 16, 40 Stat. 388; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 868; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972, authorized employment of personnel for administration of this chapter. Section 139, acts Oct. 6, 1917, ch. 83, Sec. 17, 40 Stat. 388; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 868, prohibited any officer, employee, or licensing agent from divulging any information obtained in course of his duties under this chapter. Section 140, acts Oct. 6, 1917, ch. 83, Sec. 18, 40 Stat. 388; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 868, authorized Director to issue rules and regulations. See section 847 of Title 18. Section 141, acts Oct. 6, 1917, ch. 83, Sec. 19, 40 Stat. 388; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 868, set forth penalties for violations of this chapter. See section 844 of Title 18. Section 142, acts Oct. 6, 1917, ch. 83, Sec. 20, 40 Stat. 388; Dec. 26, 1941, ch. 633, Sec. 2, 55 Stat. 868, provided that this chapter and regulations issued pursuant to it were to become operative only during war or national emergency. Section 143, act Oct. 6, 1917, ch. 83, Sec. 21, 40 Stat. 389, related to agencies available for enforcement of provisions of this chapter. Section 144, act July 1, 1918, ch. 113, 40 Stat. 671, subjected platinum, iridium, and palladium and compounds thereof to provisions of this chapter. ------DocID 56015 Document 114 of 1268------ -CITE- 50 USC CHAPTER 9 -EXPCITE- TITLE 50 CHAPTER 9 -HEAD- CHAPTER 9 - AIRCRAFT ------DocID 56016 Document 115 of 1268------ -CITE- 50 USC Sec. 151 to 151f -EXPCITE- TITLE 50 CHAPTER 9 -HEAD- Sec. 151 to 151f. Omitted -COD- CODIFICATION Sections 151 to 151f which related to a National Advisory Committee for Aeronautics were omitted pursuant to section 301(a) of Pub. L. 85-568, title III, July 29, 1958, 72 Stat. 432, set out as a note under section 2472 of Title 42, The Public Health and Welfare, which terminated the Committee and transferred all its functions, powers, duties, and obligations to the National Aeronautics and Space Administration. See section 2451 et seq. of Title 42. Section 151, acts Mar. 3, 1915, ch. 83, 38 Stat. 930; Mar. 2, 1929, ch. 482, 45 Stat. 1451; June 23, 1938, ch. 601, Sec. 1107(e), 52 Stat. 1027; 1940 Reorg. Plan No. IV, Sec. 7, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1235; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; May 25, 1948, ch. 335, Sec. 1, 62 Stat. 266; Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591; Aug. 8, 1950, ch. 645, Sec. 4, 64 Stat. 419; June 3, 1954, ch. 254, 68 Stat. 170, established National Advisory Committee for Aeronautics, provided for its composition, prescribed compensation of members and duties of Committee, and required reports to Congress. Section 151a, act Mar. 2, 1929, ch. 482, 45 Stat. 1451, was incorporated in section 151 of this title. Section 151b, act Aug. 8, 1950, ch. 645, Sec. 1, 64 Stat. 418, related to functions of Committee. Section 151c, act Aug. 8, 1950, ch. 645, Sec. 2, 64 Stat. 418, related to transfer of supplies to Committee. Section 151d, act Aug. 8, 1950, ch. 645, Sec. 3, 64 Stat. 418, related to employment of aliens. Section 151e, act Aug. 8, 1950, ch. 645, Sec. 6, 64 Stat. 419, related to availability of appropriations. Section 151f, act Aug. 8, 1950, ch. 645, Sec. 7, 64 Stat. 419, related to prosecution of projects. ------DocID 56017 Document 116 of 1268------ -CITE- 50 USC Sec. 152, 153 -EXPCITE- TITLE 50 CHAPTER 9 -HEAD- Sec. 152, 153. Repealed. May 25, 1948, ch. 335, Sec. 3(a), (b), 62 Stat. 267 -MISC1- Section 152, act July 1, 1918, ch. 113, 40 Stat. 650, as amended July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, related to office space for Advisory Committee. Section 153, act Mar. 3, 1915, ch. 83, 38 Stat. 930, related to annual reports. ------DocID 56018 Document 117 of 1268------ -CITE- 50 USC Sec. 154 -EXPCITE- TITLE 50 CHAPTER 9 -HEAD- Sec. 154. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1114 -MISC1- Section, act Apr. 22, 1926, ch. 171, 44 Stat. 314, related to purchases and services. ------DocID 56019 Document 118 of 1268------ -CITE- 50 USC Sec. 155 -EXPCITE- TITLE 50 CHAPTER 9 -HEAD- Sec. 155. Repealed. May 25, 1948, ch. 335, Sec. 3(c), 62 Stat. 267 -MISC1- Section, act Apr. 22, 1926, ch. 171, 44 Stat. 314, related to Langley Memorial Aeronautical Laboratory. ------DocID 56020 Document 119 of 1268------ -CITE- 50 USC Sec. 156, 157 -EXPCITE- TITLE 50 CHAPTER 9 -HEAD- Sec. 156, 157. Omitted -COD- CODIFICATION Section 156, acts Apr. 18, 1940, ch. 107, Sec. 1, 54 Stat. 134; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972, authorized the National Advisory Committee for Aeronautics to pay the compensation of a retired officer of the Army or Navy performing service for the Committee. See note set out under sections 151 to 151f of this title. Section 157, which was from appropriation acts July 30, 1947, ch. 359, title I, Sec. 101, 61 Stat. 600; Apr. 20, 1948, ch. 219, title I, Sec. 101, 62 Stat. 188; Aug. 24, 1949, ch. 506, title I, Sec. 101, 63 Stat. 646; Sept. 6, 1950, ch. 896, ch. VIII, title I, Sec. 101, 64 Stat. 711, was not repeated in the Independent Offices Appropriation Act, 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268. ------DocID 56021 Document 120 of 1268------ -CITE- 50 USC Sec. 158 to 159 -EXPCITE- TITLE 50 CHAPTER 9 -HEAD- Sec. 158 to 159. Transferred -COD- CODIFICATION Section 158, act Aug. 1, 1947, ch. 433, Sec. 1(b), (c), as added July 13, 1949, ch. 332, Sec. 1, 63 Stat. 410, which related to professional and scientific service on the Committee, was transferred to section 1161 of former Title 5, Executive Departments and Government Officers and Employees, which was repealed by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. Section 158a, act Aug. 1, 1947, ch. 433, Sec. 2, 61 Stat. 715, which related to the classification of positions and appointments, was transferred to section 1162 of former Title 5, Executive Departments and Government Officers and Employees, which was repealed by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(b) of Title 5, Government Organization and Employees. Section 159, acts Aug. 1, 1947, ch. 433, Sec. 3, 61 Stat. 715; July 13, 1949, ch. 332, Sec. 2, 63 Stat. 411, which related to reports to Congress and confidential information, was transferred to section 1163 of former Title 5, Executive Departments and Government Officers and Employees, which was repealed by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(c) of Title 5, Government Organization and Employees. ------DocID 56022 Document 121 of 1268------ -CITE- 50 USC Sec. 160 -EXPCITE- TITLE 50 CHAPTER 9 -HEAD- Sec. 160. Omitted -COD- CODIFICATION Section, which was from acts Aug. 24, 1949, ch. 506, title I, Sec. 101, 63 Stat. 646; Sept. 6, 1950, ch. 896, ch. VIII, title I, Sec. 101, 64 Stat. 711, and prior appropriation acts, related to employment of aliens, and was not repeated in the Independent Offices Appropriation Act, 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268. ------DocID 56023 Document 122 of 1268------ -CITE- 50 USC Sec. 160a to 160f -EXPCITE- TITLE 50 CHAPTER 9 -HEAD- Sec. 160a to 160f. Repealed. Pub. L. 85-707, Sec. 21(b)(5), July 7, 1958, 72 Stat. 337 -MISC1- Section 160a, act Apr. 11, 1950, ch. 86, Sec. 1, 64 Stat. 43, related to employees pursuing graduate study or research. Section 160b, act Apr. 11, 1950, ch. 86, Sec. 2, 64 Stat. 43, related to acceptable types of graduate study and research. Section 160c, act Apr. 11, 1950, ch. 86, Sec. 3, 64 Stat. 43, related to duration of leaves of absence available. Section 160d, act Apr. 11, 1950, ch. 86, Sec. 4, 64 Stat. 43, related to payment of tuition and expenses. Section 160e, act Apr. 11, 1950, ch. 86, Sec. 5, 64 Stat. 43, related to continuation of salary and leave benefits. Section 160f, acts Apr. 11, 1950, ch. 86, Sec. 6, 64 Stat. 43; May 6, 1954, ch. 183, 68 Stat. 78; Mar. 17, 1958, Pub. L. 85-349, 72 Stat. 48, related to limitation on government expenditure. EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 21(a) of Pub. L. 85-507. ------DocID 56024 Document 123 of 1268------ -CITE- 50 USC CHAPTER 10 -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- CHAPTER 10 - HELIUM GAS -MISC1- Sec. 161 to 166. Omitted or Repealed. 167. Definitions. 167a. Authority of Secretary. (a) Conserving, producing, buying and selling helium. (b) Helium on public domain. (c) Contract price. 167b. Production of helium; maintenance and operation of facilities; research. 167c. Licensing. (a) Rules and regulations. (b) Terms; assignments; revocations. (c) Purpose. (d) Suspension; reacquisition of supplies. 167d. Sale of helium. (a) Purchase by Government agencies. (b) Sales by Secretary. (c) Prices and determinations. (d) Interest in price determinations. (e) Prices of sales for medical purposes; sales to non-Federal purchasers. (f) Helium production fund. 167e. Intragovernmental cooperation. 167f. Condemnation proceedings. 167g. Promulgation of rules and regulations. 167h. Administrative procedure. 167i. Exclusion from Natural Gas Act provisions. 167j. Loans and obligations. 167k. Violations; penalties. 167l. Injunctions. 167m. Individual enterprise in developing helium. 167n. Reports. ------DocID 56025 Document 124 of 1268------ -CITE- 50 USC Sec. 161 to 164 -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 161 to 164. Omitted -COD- CODIFICATION Act Mar. 3, 1925, ch. 426, 43 Stat. 1110, as completely amended, renumbered, and revised by Pub. L. 86-777, Sept. 13, 1960, 74 Stat. 918, is classified to section 167 et seq. of this title. Section 161, acts Mar. 3, 1925, ch. 426, Sec. 1, 43 Stat. 1110; Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat. 885, authorized Secretary of the Interior to acquire and reserve helium-gas lands and to produce and store helium gas. See section 3 of act Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to section 167a of this title. Section 162, acts Feb. 12, 1925, ch. 225, title I, 43 Stat. 908; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, authorized Navy Department to acquire helium-gas lands and to produce and experiment with helium gas. Section 163, acts Mar. 3, 1925, ch. 426, Sec. 2, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat. 886, authorized Bureau of Mines to produce helium gas. See section 4 of act Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to section 167b of this title. Section 164, acts Mar. 3, 1925, ch. 426, Sec. 3, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat. 886, related to disposal of helium by sale, upon request of Army or Navy or other Federal Government agencies, or for medicinal, scientific or commercial use, to deposit and use of funds obtained by sale of gas, and to an annual report to Congress by Secretary of the Interior on said funds. See section 6 of act Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to section 167d of this title. ------DocID 56026 Document 125 of 1268------ -CITE- 50 USC Sec. 165 -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 165. Repealed. Aug. 26, 1954, ch. 937, title V, Sec. 542(a)(13), 68 Stat. 861 -MISC1- Section, acts Mar. 3, 1925, ch. 426, Sec. 4, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1388; Sept. 1, 1937, ch. 895, 50 Stat. 887, related to exportation of helium gas. See section 2778 of Title 22, Foreign Relations and Intercourse. ------DocID 56027 Document 126 of 1268------ -CITE- 50 USC Sec. 166 -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 166. Omitted -MISC1- Section, acts Mar. 3, 1925, ch. 426, Sec. 5, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1388; Sept. 1, 1937, ch. 895, 50 Stat. 887; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, authorized Secretaries of Army and Navy to designate representatives to cooperate with Department of the Interior to effectuate the purposes of this chapter, and gave them the right of access to plants, data, and accounts. See section 7 of act Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to section 167e of this title. ------DocID 56028 Document 127 of 1268------ -CITE- 50 USC Sec. 167 -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167. Definitions -STATUTE- As used in this chapter: (1) The term 'Secretary' means the Secretary of the Interior; (2) The term 'person' means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, or State or political subdivision thereof; and (3) The terms 'helium-bearing natural gas' and 'helium-gas mixture' mean, respectively, natural gas and gas mixtures containing three-tenths of 1 per centum or more of helium by volume. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 2, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 918.) -MISC1- PRIOR PROVISIONS A prior section 2 of act Mar. 3, 1925, which authorized the Bureau of Mines to produce helium gas, was classified to section 163 of this title and was omitted in the general amendment and revision of this chapter by Pub. L. 86-777. EFFECTIVE DATE OF 1960 AMENDMENT Section 3 of Pub. L. 86-777 provided that: 'The amendment made by this Act (enacting sections 167 to 167n of this title) shall become effective on March 1, 1961.' SHORT TITLE OF 1960 AMENDMENT Section 1 of Pub. L. 86-777 provided that: 'This Act (enacting sections 167 to 167n of this title and provisions set out as notes below) may be cited as the 'Helium Act Amendments of 1960'.' SHORT TITLE Section 1 of act Mar. 3, 1925, as added by Pub. L. 86-777, Sec. 2, provided that: 'This Act (enacting sections 167 to 167n of this title and provision set out as a note below) may be cited as the 'Helium Act'.' SEPARABILITY Section 17 of act Mar. 3, 1925, as added by Pub. L. 86-777, Sec. 2, provided that: 'If any provision of this Act (enacting sections 167 to 167n of this title and provisions set out as a note above), or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.' ------DocID 56029 Document 128 of 1268------ -CITE- 50 USC Sec. 167a -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167a. Authority of Secretary -STATUTE- (a) Conserving, producing, buying and selling helium For the purpose of conserving, producing, buying, and selling helium, the Secretary is authorized - (1) to acquire by purchase, lease, gift, exchange, or eminent domain, lands or interests therein or options thereon, including but not limited to sites, rights-of-way, and oil or gas leases containing obligations to pay rental in advance or damages arising out of the use and operation of such properties; but any such land or interest in lands may be acquired by eminent domain only when the Secretary determines (A) that he is unable to make a satisfactory agreement to acquire such land or interest in land, and (B) that such acquisition by eminent domain is necessary in the national interest; (2) to make just and reasonable contracts and agreements for the acquisition, processing, transportation, or conservation of helium, helium-bearing natural gas, or helium-gas mixtures upon such terms and conditions, and for such periods, not exceeding twenty-five years, as may be necessary to accomplish the purposes of the chapter, except that the Secretary shall not make such contracts and agreements which shall require payments by the Government in any one fiscal year aggregating more than the amount which shall be established initially in an appropriation Act and which may be increased from time to time in appropriation Acts, or if the Secretary - (A) determines that the national interests require the conservation of certain helium or require certain helium-bearing natural gas or certain helium-gas mixture for the production or conservation of helium, and (B) determines that he is unable to acquire such helium, helium-bearing natural gas, or helium-gas mixture upon reasonable terms and at the fair market value, he is authorized to acquire by eminent domain such helium and so much of such helium-bearing natural gas or helium-gas mixture as is necessarily consumed in the extraction of such helium after removal from its place of deposit in nature and wherever found, or the temporary use of such helium-bearing natural gas or helium-gas mixture for the purpose of extracting helium, together with the appropriate interest in pipelines, equipment, installations, facilities, personal or real property, including reserves, easements or other rights necessary or incident to the acquisition of such helium, natural gas, or mixture, but the condemnation of any such helium, helium-bearing natural gas, or helium-gas mixture, shall be effected in the same manner and following the procedures established in section 167f(a) of this title, the just compensation for such condemnation to be measured by terms and prices determined to be commensurate with the fair market value, and in the temporary use of any helium-bearing natural gas or helium-gas mixture for the purpose of extracting helium the Secretary shall cause no delay in the delivery of natural gas to the owner, purchaser, or purchasers, thereof, except that required by the extractive processes; (3) to construct or acquire by purchase, lease, exchange, gift or eminent domain, plants, wells, pipelines, compressor stations, camp buildings, and other facilities, for the production, storage, purification, transportation, purchase, and sale of helium, helium-bearing natural gas, and helium-gas mixtures: and to acquire patents or rights therein and reports of experimentation and research used in connection with the properties acquired or useful in the Government's helium operations; (4) to dispose of, by lease or sale, property, including wells, lands, or interests therein, not valuable for helium production, and oil, gas, and byproducts, of helium operations not needed for Government use, except that property determined by the Secretary to be 'excess' within the meaning of section 3(e) of the Federal Property and Administrative Services Act of June 30, 1949, as amended (40 U.S.C. 472), shall be disposed of in accordance with the provisions of that Act (40 U.S.C. 471 et seq.); and to issue leases to the surface of lands or structures thereon for grazing or other purposes when the same may be done without interfering with the production of helium; and (5) to accept equipment, money, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private. (b) Helium on public domain Any known helium-gas-bearing land on the public domain not covered at the time by leases or permits under the Mineral Lands Leasing Act of February 25, 1920, as amended (30 U.S.C. 181 et seq.), may be reserved for the purposes of this chapter, and any reservation of the ownership of helium may include the right to extract, or have extracted, such helium, under such rules and regulations as may be prescribed by the Secretary, from all gas produced from lands so permitted, leased, or otherwise granted for development, except that in the extraction of helium from gas produced from such lands, it shall be extracted so as to cause no delay, except that required by the extraction process, in the delivery of gas produced from the well to the purchaser or purchasers thereof at the point of delivery specified in contracts for the purchase of such gas. If any reserved rights of ownership and extraction of helium are not exercised before production of any helium-bearing natural gas or any helium-gas mixture, the Secretary is authorized to acquire such helium in accordance with subsection (a)(2) of this section. (c) Contract price All contracts and agreements made by the Secretary for the acquisition of helium from a private plant shall contain a provision precluding the plant owner from selling any helium to any purchaser other than the Secretary at a price lower than the lowest price paid by any Government agency for helium acquired from any private plant under any contract entered into pursuant to this section and outstanding at the time of such sale. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 3, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 918.) -REFTEXT- REFERENCES IN TEXT That Act, referred to in subsec. (a)(4), means act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. Provisions of that Act relating to disposal of government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. The Mineral Lands Leasing Act of February 25, 1920, referred to in subsec. (b), probably means act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. -MISC2- PRIOR PROVISIONS A prior section 3 of act Mar. 3, 1925, which related to the disposal of helium by sale, the use of funds so obtained, and reports to Congress on such uses, was classified to section 164 of this title and was omitted in the general amendment and revision of this chapter by Pub. L. 86-777. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167f of this title. ------DocID 56030 Document 129 of 1268------ -CITE- 50 USC Sec. 167b -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167b. Production of helium; maintenance and operation of facilities; research -STATUTE- The Secretary is authorized to maintain and operate helium production and purification plants together with facilities and accessories thereto; to acquire, store, transport, sell, and conserve helium, helium-bearing natural gas, and helium-gas mixtures, to conduct exploration for and production of helium on and from the lands acquired, leased, or reserved; and to conduct or contract with public or private parties for experimentation and research to discover helium supplies and to improve processes and methods of helium production, purification, transportation, liquefaction, storage, and utilization: Provided, however, That all research contracted for, sponsored, cosponsored, or authorized under authority of this chapter shall be provided for in such a manner that all information, uses, products, processes, patents and other developments resulting from such research developed by Government expenditure will (with such exceptions and limitations, if any, as the Secretary may find to be necessary in the interest of national defense) be available to the general public: And provided further, That nothing contained herein shall be construed as to deprive the owner of any background patent relating thereto to such rights as he may have thereunder. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 4, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 920.) -MISC1- PRIOR PROVISIONS A prior section 4 of act Mar. 3, 1925, which related to the exportation of helium gas, was classified to section 165 of this title and was repealed by act Aug. 26, 1954, ch. 937, title V, Sec. 542(a)(13), 68 Stat. 861. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 35 section 210. ------DocID 56031 Document 130 of 1268------ -CITE- 50 USC Sec. 167c -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167c. Licensing -STATUTE- (a) Rules and regulations Whenever the President determines that the defense, security, and general welfare of the United States requires such action, the Secretary shall issue such regulations as he deems necessary for the licensing of sales and transportation of helium in interstate commerce after extraction from helium-bearing natural gas or helium-gas mixtures. Thereafter it shall be unlawful for any person to sell or transfer helium in interstate commerce except in accordance with such regulations or pursuant to the terms of a license issued by the Secretary, or in accordance with the terms of a contract or agreement with the Secretary entered into pursuant to this chapter. For the purpose of this section, the term 'helium' shall mean helium, after extraction from helium-bearing natural gas or helium-gas mixtures, in a refined or semirefined state suitable for use. (b) Terms; assignments; revocations Each license shall be issued for a specified period to be determined by the Secretary, but not exceeding five years, and may be renewed by the Secretary upon the expiration of such period. No such license shall be issued to a person if in the opinion of the Secretary the issuance of a license to such person would be inimical to the defense and security of the United States. No such license shall be assigned or otherwise transferred directly or indirectly except with the consent or approval of the Secretary in writing. Any such license may be revoked for any material false statement in the application for license, or for violation or a failure to comply with the terms and provisions of this chapter, the regulations issued by the Secretary pursuant thereto or the terms of the license. (c) Purpose In issuing licenses under this section, the Secretary shall impose such regulations and terms of licenses as will permit him effectively to promote the common defense and security as well as the general welfare of the United States. The licensing authority herein granted shall be used solely for the purpose of preventing the transportation or sale of helium for end uses determined by the Secretary to be nonessential or wasteful, and any determination that any end use is nonessential or wasteful shall be published in the form of general regulations applicable to all transportation or sales of helium. (d) Suspension; reacquisition of supplies Whenever Congress or the President declares that a war or national emergency exists, the Secretary is authorized to suspend any license granted under this chapter if in his judgment such suspension is necessary to the defense and security of the United States, and he is further authorized to take such steps as may be necessary to recapture or reacquire supplies of helium. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 5, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 920.) -MISC1- PRIOR PROVISIONS A prior section 5 of act Mar. 3, 1925, which authorized governmental cooperation with the Department of the Interior to effectuate the purposes of this chapter, was classified to section 166 of this title and was omitted in the general amendment and revision of this chapter by Pub. L. 86-777. ------DocID 56032 Document 131 of 1268------ -CITE- 50 USC Sec. 167d -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167d. Sale of helium -STATUTE- (a) Purchase by Government agencies The Department of Defense, the Atomic Energy Commission, and other agencies of the Federal Government, to the extent that supplies are readily available, shall purchase all major requirements of helium from the Secretary. (b) Sales by Secretary The Secretary is authorized to sell helium for Federal, medical, scientific, and commercial uses in such quantities and under such terms and conditions as he determines. (c) Prices and determinations Sales of helium by the Secretary shall be at prices established by him which shall be adequate to cover all costs incurred in carrying out the provisions of this chapter and to repay to the United States by deposit in the Treasury, together with interest as provided in subsection (d) of this section, the following: (1) Within twenty-five years from September 13, 1960, the net capital and retained earnings of the helium production fund (established under section 164 of this title prior to amendment by the Helium Act Amendments of 1960), determined by the Secretary as of September 13, 1960, plus any moneys expended thereafter by the Department of the Interior from funds provided in the Supplemental Appropriation Act, 1959, for construction of a helium plant at Keyes, Oklahoma; (2) Within twenty-five years from the date of borrowing, all funds borrowed, as provided in section 167j of this chapter, to acquire and construct helium plants and facilities; and (3) Within twenty-five years from September 13, 1960, unless the Secretary determines that said period should be extended for not more than ten years, all funds borrowed, as provided in section 167j of this title for all purposes other than those specified in clause (2) above. (d) Interest in price determinations Compound interest on the amounts specified in clauses (1), (2), and (3) of subsection (c) of this section which have not been paid to the Treasury shall be calculated annually at rates determined by the Secretary of the Treasury taking into consideration the current average market yields of outstanding marketable obligations of the United States having maturities comparable to the investments authorized by this chapter, except that the interest rate on the amounts specified in clause (1) of subsection (c) of this section shall be determined as of Sept. 13, 1960, and the interest rate on the obligations specified in clauses (2) and (3) of subsection (c) of this section as of the time of each borrowing. (e) Prices of sales for medical purposes; sales to non-Federal purchasers Helium shall be sold for medical purposes at prices which will permit its general use therefor; and all sales of helium to non-Federal purchasers shall be upon condition that the Federal Government shall have a right to repurchase helium so sold that has not been lost or dissipated, when needed for Government use, under terms and at prices established by regulations. (f) Helium production fund All moneys received under this chapter, including moneys from sale of helium or other products resulting from helium operations and from the sale of excess property shall be credited to the helium production fund, which shall be available without fiscal year limitation, for carrying out the provisions of this chapter, including any research relating to helium carried out by the Department of the Interior. Amounts accumulating in said fund in excess of amounts the Secretary deems necessary to carry out this chapter and contracts negotiated hereunder shall be paid to the Treasury and credited against the amounts required to be repaid to the Treasury under subsection (c) of this section. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 6, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 921.) -REFTEXT- REFERENCES IN TEXT Section 164 of this title, referred to in subsec. (c)(1), was omitted from the Code in the general amendment and revision of this chapter by Pub. L. 86-777, Sec. 2, Sept. 13, 1960, 74 Stat. 918. Prior to amendment by the Helium Act Amendments of 1960, referred to in subsec. (c)(1), means prior to Mar. 1, 1961. See Effective Date of 1960 Amendment note set out under section 167 of this title. The Supplemental Appropriation Act, 1959, referred to in subsec. (c)(1), is Pub. L. 85-766, Aug. 27, 1958, 72 Stat. 864. Provisions of the Act providing funds for the construction of a helium plant probably are those appearing under the heading 'Construction' under 'Bureau of Mines' at 72 Stat. 875, and are not classified to the Code. For classification of various other provisions of the Act to the Code, see Tables. -TRANS- TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167j of this title. ------DocID 56033 Document 132 of 1268------ -CITE- 50 USC Sec. 167e -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167e. Intragovernmental cooperation -STATUTE- The Secretary of Defense and the Chairman of the Atomic Energy Commission may each designate representatives to cooperate with the Secretary in carrying out the purposes of this chapter, and shall have complete right of access to plants, data, and accounts. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 7, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 921.) -TRANS- TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections. ------DocID 56034 Document 133 of 1268------ -CITE- 50 USC Sec. 167f -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167f. Condemnation proceedings -STATUTE- (a) Proceedings for the condemnation of any property under section 167a of this title shall be instituted and maintained pursuant to the provisions of the Act of August 1, 1888 (25 Stat. 357; 40 U.S.C. 257), as amended, and sections 1358 and 1403 of title 28, or any other Federal statute applicable to the acquisition of real property of eminent domain. The Acts of February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a-258e), (FOOTNOTE 1) and October 21, 1942 (56 Stat. 797; 40 U.S.C. 258f), shall be applicable to any such proceedings. Wherever the words 'real property', 'realty', 'land', 'easement', 'right-of-way', or words of similar meaning, are used in such code provisions or Acts relating to procedure, jurisdiction, and venue, they shall be deemed, for the purposes of this chapter, to include any personal property authorized to be acquired hereunder. (FOOTNOTE 1) See References in Text note below. (b) In the event of disposal under section 167a(a)(4) of this title of any property acquired by eminent domain pursuant to this chapter, the former owner or successor in interest of the rights therein shall have the preferential right to reacquire such property on terms as favorable as those terms whereby disposition may be made under such section. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 8, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 922.) -REFTEXT- REFERENCES IN TEXT Act of February 26, 1931, referred to in subsec. (a), is act Feb. 26, 1931, ch. 307, 46 Stat. 1421, as amended, known as the Declaration of Taking Act, which is classified to section 258a et seq. of Title 40, Public Buildings, Property, and Works. Pub. L. 99-656, Sec. 1(2), Nov. 14, 1986, 100 Stat. 3668, amended act Feb. 26, 1931, by adding section 6, which is classified to section 258e-1 of Title 40. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167a of this title. ------DocID 56035 Document 134 of 1268------ -CITE- 50 USC Sec. 167g -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167g. Promulgation of rules and regulations -STATUTE- The Secretary is authorized to establish and promulgate such rules and regulations, as are consistent with the directions of this chapter and are necessary to carry out the provisions hereof. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 9, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 922.) ------DocID 56036 Document 135 of 1268------ -CITE- 50 USC Sec. 167h -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167h. Administrative procedure -STATUTE- (a) The provisions of subchapter II of chapter 5 of title 5 shall apply to any agency proceeding and any agency action taken under this chapter, including the issuance of rules and regulations, and the terms 'agency proceeding' and 'agency action' shall have the meaning specified in subchapter II of chapter 5 of title 5. (b) In any proceeding under this chapter for the granting, suspending, revoking, or amending of any license, or application to transfer control thereof, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, the Secretary shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. Any final order entered in any such proceeding shall be subject to judicial review in the manner prescribed in chapter 158 of title 28, and to the provisions of chapter 7 of title 5. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 10, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 922.) -COD- CODIFICATION In subsecs. (a) and (b), 'subchapter II of chapter 5 of title 5' and 'chapter 7 of title 5' substituted for 'the Administrative Procedure Act of June 11, 1946 (60 Stat. 637; 5 U.S.C. 1001-1011), as amended', 'the Administrative Procedure Act', and 'section 10 of the Administrative Procedure Act', respectively, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. In subsec. (b), 'chapter 158 of title 28' substituted for 'the Act of December 29, 1950 (64 Stat. 1129; 5 U.S.C. 1031-1042), as amended' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, section 4(e) of which enacted chapter 158 of Title 28, Judiciary and Judicial Procedure. ------DocID 56037 Document 136 of 1268------ -CITE- 50 USC Sec. 167i -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167i. Exclusion from Natural Gas Act provisions -STATUTE- The provisions of the Natural Gas Act of June 21, 1938, as amended (15 U.S.C. 717 et seq.), shall not be applicable to the sale, extraction, processing, transportation, or storage of helium either prior to or subsequent to the separation of such helium from the natural gas with which it is commingled, whether or not the provisions of such Act apply to such natural gas, and in determining the rates of a natural gas company under sections 4 and 5 of the Natural Gas Act, as amended (15 U.S.C. 717c, 717d), whenever helium is extracted from helium-bearing natural gas, there shall be excluded (1) all income received from the sale of helium; (2) all direct costs incurred in the extraction, processing, compression, transportation or storage of helium; and (3) that portion of joint costs of exploration, production, gathering, extraction, processing, compression, transportation or storage divided and allocated to helium on a volumetric basis. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 11, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 922.) -REFTEXT- REFERENCES IN TEXT The Natural Gas Act of June 21, 1938, as amended, referred to in text, means act June 21, 1938, ch. 556, 52 Stat. 821, as amended, known as the Natural Gas Act, which is classified generally to chapter 15B (Sec. 717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables. ------DocID 56038 Document 137 of 1268------ -CITE- 50 USC Sec. 167j -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167j. Loans and obligations -STATUTE- (a) The Secretary is authorized to borrow annually from the Treasury and credit to the fund established under section 167d(f) of this title such amounts as may be authorized in the initial appropriation Act and which may be increased from time to time in appropriation Acts and as are necessary to carry out the provisions of this chapter and contractual obligations hereunder. (b) For the purpose of this section the Secretary may issue to the Secretary of the Treasury notes, debentures, bonds, or other obligations to be redeemable at the option of the Secretary before maturity in such manner as may be stipulated in such obligations. The Secretary of the Treasury is authorized and directed to purchase any obligations issued by the Secretary under authority of this section and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under chapter 31 of title 31 are extended to include any purchases of obligations of the Secretary hereunder. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 12, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 923.) -COD- CODIFICATION In subsec. (b), 'chapter 31 of title 31' substituted for 'the Second Liberty Bond Act, as amended' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167d of this title. ------DocID 56039 Document 138 of 1268------ -CITE- 50 USC Sec. 167k -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167k. Violations; penalties -STATUTE- Whoever willfully violates, attempts to violate, or conspires to violate, any provision of this chapter or any regulation or order issued or any terms of a license granted thereunder shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation, shall upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 13, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 923.) ------DocID 56040 Document 139 of 1268------ -CITE- 50 USC Sec. 167l -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167l. Injunctions -STATUTE- Whenever in the judgment of the Secretary any person has engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter, or any regulation or order issued or any term of a license granted thereunder, any such act or practice may be enjoined by any district court having jurisdiction of such person, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 14, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 923.) ------DocID 56041 Document 140 of 1268------ -CITE- 50 USC Sec. 167m -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167m. Individual enterprise in developing helium -STATUTE- It is the sense of the Congress that it is in the national interest to foster and encourage individual enterprise in the development and distribution of supplies of helium, and at the same time provide, within economic limits, through the administration of this chapter, a sustained supply of helium which, together with supplies available or expected to become available otherwise, will be sufficient to provide for essential Government activities. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 15, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 923.) ------DocID 56042 Document 141 of 1268------ -CITE- 50 USC Sec. 167n -EXPCITE- TITLE 50 CHAPTER 10 -HEAD- Sec. 167n. Reports -STATUTE- The Secretary of the Interior is directed to report annually to the Congress on the matters contained in this chapter. -SOURCE- (Mar. 3, 1925, ch. 426, Sec. 16, as added Sept. 13, 1960, Pub. L. 86-777, Sec. 2, 74 Stat. 923.) ------DocID 56043 Document 142 of 1268------ -CITE- 50 USC CHAPTER 11 -EXPCITE- TITLE 50 CHAPTER 11 -HEAD- CHAPTER 11 - ACQUISITION OF AND EXPENDITURES ON LAND FOR NATIONAL-DEFENSE PURPOSES ------DocID 56044 Document 143 of 1268------ -CITE- 50 USC Sec. 171, 171-1 -EXPCITE- TITLE 50 CHAPTER 11 -HEAD- Sec. 171, 171-1. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 171, acts Aug. 18, 1890, ch. 797, Sec. 1, 26 Stat. 316; July 2, 1917, ch. 35, 40 Stat. 241; Apr. 11, 1918, ch. 51, 40 Stat. 518, authorized Secretary of War to institute condemnation proceedings for acquisition of land, to purchase land, and to accept donations of land. See section 2663 of Title 10, Armed Forces. Section 171-1, act Oct. 25, 1951, ch. 563, Sec. 101, 65 Stat. 641, granted certain condemnation authority to Secretary of Navy. See sections 2663 and 2668 of Title 10. ------DocID 56045 Document 144 of 1268------ -CITE- 50 USC Sec. 171a -EXPCITE- TITLE 50 CHAPTER 11 -HEAD- Sec. 171a. Omitted -COD- CODIFICATION Section, act July 2, 1917, ch. 35, Sec. 2, as added Mar. 27, 1942, ch. 199, title II, Sec. 201, 56 Stat. 177, related to acquisition of real property during war, and terminated on Dec. 28, 1945 by act Mar. 27, 1942, ch. 199, title II, Sec. 202, as added Dec. 28, 1945, ch. 590, Sec. 1(a), 59 Stat. 658. ------DocID 56046 Document 145 of 1268------ -CITE- 50 USC Sec. 171b -EXPCITE- TITLE 50 CHAPTER 11 -HEAD- Sec. 171b. Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72 Stat. 1570 -MISC1- Section, acts Aug. 3, 1956, ch. 939, title IV, Sec. 406, 70 Stat. 1015; Aug. 20, 1958, Pub. L. 85-685, title V, Sec. 510, 72 Stat. 662, related to acquisition of land not exceeding $5,000 in cost. See section 2672 of Title 10, Armed Forces. ------DocID 56047 Document 146 of 1268------ -CITE- 50 USC Sec. 172, 173 -EXPCITE- TITLE 50 CHAPTER 11 -HEAD- Sec. 172, 173. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 172, act July 9, 1918, ch. 143, subch. XV Sec. 8, 40 Stat. 888, related to acquisition of property for production of lumber. See sections 2664 and 2665 of Title 10, Armed Forces. Section 173, act Apr. 28, 1904, ch. 1762, Sec. 1, 33 Stat. 497, related to purchase of land for quarters and barracks in addition to sites for fortifications. ------DocID 56048 Document 147 of 1268------ -CITE- 50 USC Sec. 174 -EXPCITE- TITLE 50 CHAPTER 11 -HEAD- Sec. 174. Omitted -COD- CODIFICATION Section, act Aug. 18, 1890, ch. 797, Sec. 1, 26 Stat. 316, provided that nothing contained in former section 171 of this title should be construed to authorize an expenditure or involve the Government in any contract for future payment of money in excess of sums appropriated therefor. ------DocID 56049 Document 148 of 1268------ -CITE- 50 USC Sec. 175 -EXPCITE- TITLE 50 CHAPTER 11 -HEAD- Sec. 175. Transferred -COD- CODIFICATION Section, R.S. Sec. 355; June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Sept. 1, 1970, Pub. L. 91-393, Sec. 1, 84 Stat. 835, which related to approval of title prior to Federal land purchases, payment of title expenses, application to Tennessee Valley Authority, and Federal jurisdiction over acquisitions, was transferred to section 255 of Title 40, Public Buildings, Property, and Works. ------DocID 56050 Document 149 of 1268------ -CITE- 50 USC Sec. 176 -EXPCITE- TITLE 50 CHAPTER 11 -HEAD- Sec. 176. Omitted -COD- CODIFICATION Section, act Mar. 28, 1918, ch. 28, Sec. 1, 40 Stat. 460, authorized the acquisition of the property on the Hudson River owned by the North German Lloyd Dock Company and the Hamburg-American Line Terminal & Navigation Company and provided that section 175 of this title did not apply to expenditures authorized in connection with such property. The President, by proclamation dated June 28, 1918, took possession of such property. ------DocID 56051 Document 150 of 1268------ -CITE- 50 USC Sec. 177 to 179 -EXPCITE- TITLE 50 CHAPTER 11 -HEAD- Sec. 177 to 179. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat 641 -MISC1- Section 177, act June 25, 1906, ch. 3540, 34 Stat. 463, related to contracts for construction of fortifications and other works of defense. Section 178, act Apr. 11, 1898, No. 21, 30 Stat. 737, provided for erection of forts in emergency. See sections 4776 and 9776 of Title 10, Armed Forces. Section 179, act June 30, 1921, ch. 33, Sec. 1, 42 Stat. 81, related to chargeability of appropriations with respect to transportation cost incident to construction and maintenance of seacoast fortifications. ------DocID 56052 Document 151 of 1268------ -CITE- 50 USC CHAPTER 12 -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES -MISC1- Sec. 191. Regulation of anchorage and movement of vessels during national emergency. 191a. Transfer of Secretary of Transportation's powers to Secretary of Navy when Coast Guard operates as part of Navy. 191b, 191c. Repealed. 192. Seizure and forfeiture of vessel; fine and imprisonment. 193. Repealed. 194. Enforcement provisions. 195. 'United States' defined. 196. Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in United States waters. 197. Voluntary purchase or charter agreements. 198. Requisitioned vessels. (a) Documentation of vessels. (b) Waiver of compliance. (c) Coastwise trade; inspection. (d) Reconditioning of vessels. (e) Effective period. (f) 'Documented' defined. -CROSS- CROSS REFERENCES Definition of 'Foreign government', see section 11 of Title 18, Crimes and Criminal Procedure. ------DocID 56053 Document 152 of 1268------ -CITE- 50 USC Sec. 191 -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 191. Regulation of anchorage and movement of vessels during national emergency -STATUTE- Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, the Secretary of Transportation may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof. Whenever the President finds that the security of the United States is endangered by reason of actual or threatened war, or invasion, or insurrection, or subversive activity, or of disturbances or threatened disturbances of the international relations of the United States, the President is authorized to institute such measures and issue such rules and regulations - (a) to govern the anchorage and movement of any foreign-flag vessels in the territorial waters of the United States, to inspect such vessels at any time, to place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of rights and obligations of the United States, may take for such purposes full possession and control of such vessels and remove therefrom the officers and crew thereof, and all other persons not especially authorized by him to go or remain on board thereof; (b) to safeguard against destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of similar nature, vessels, harbors, ports, and waterfront facilities in the United States and all territory and water, continental or insular, subject to the jurisdiction of the United States. Any appropriation available to any of the Executive Departments shall be available to carry out the provisions of this title. -SOURCE- (June 15, 1917, ch. 30, title II, Sec. 1, 40 Stat. 220; Aug. 9, 1950, ch. 656, Sec. 1, 64 Stat. 427; Sept. 26, 1950, ch. 1049, Sec. 2(b), 64 Stat. 1038; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), 80 Stat. 938; Sept. 27, 1979, Pub. L. 96-70, title III, Sec. 3302(a), 93 Stat. 498.) -REFTEXT- REFERENCES IN TEXT This title, referred to in text, means title II of act June 15, 1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192 to 194 of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1979 - Pub. L. 96-70 struck out second par., providing that within the territory and waters of the Canal Zone the Governor of the Canal Zone, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary of the Treasury, and in cl. (b) of third par., struck out 'the Canal Zone,' after 'facilities in the United States,'. 1950 - Act Sept. 26, 1950, substituted 'Governor of the Canal Zone' for 'Governor of the Panama Canal' in second par. Act Aug. 9, 1950, authorized the President to institute such rules and regulations to control anchorage and movement of foreign-flag vessels in United States waters when the national security is endangered. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse. TERMINATION DATE OF 1950 AMENDMENT Section 4 of act Aug. 9, 1950, provided that: 'The provisions of this Act (amending this section and sections 192 and 194 of this title) shall expire on such date as may be specified by concurrent resolution of the two Houses of Congress.' TERMINATION OF WAR AND EMERGENCIES Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941. SEPARABILITY Section 4 of title XIII of act June 15, 1917, provided: 'If any clause, sentence, paragraph, or part of this Act (see Tables for classification) shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.' REGULATIONS - POST-WAR GENERALLY For regulations relating to safeguarding of vessels, harbors, ports, and waterfront facilities, under a finding that the security of the United States is endangered by reason of subversive activity, see Ex. Ord. No. 10173, Oct. 18, 1950, 15 F.R. 7005. REGULATIONS - WORLD WAR II Proc. No. 2732, June 2, 1947, 12 F.R. 3583, 61 Stat. 1069, revoked Proc. No. 2412, June 27, 1940, 5 F.R. 2419, 54 Stat. 2711, which granted consent of President to the exercise of certain powers under this section by the Secretary of the Treasury and the Governor of the Canal Zone. REGULATIONS - WORLD WAR I A proclamation was issued under this section on December 3, 1917. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Transportation' substituted for 'Secretary of the Treasury' in first paragraph of text pursuant to section 6(b)(1) of Pub. L. 89-670, which transferred Coast Guard to Department of Transportation and transferred to and vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other officers and offices of Department of the Treasury. See section 108 of Title 49, Transportation. DELEGATION OF FUNCTIONS For delegation to Secretary of the Treasury of authority vested in President by this section, see section 2(e) of Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended, and section 1(r) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, set out as notes under section 301 of Title 3, The President. -CROSS- CROSS REFERENCES Carrying or possessing explosives or dangerous weapons on vessels seized, forfeited, or upon which guard has been placed under this chapter, see section 2277 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 191a of this title; title 18 section 2277; title 42 section 267. ------DocID 56054 Document 153 of 1268------ -CITE- 50 USC Sec. 191a -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 191a. Transfer of Secretary of Transportation's powers to Secretary of Navy when Coast Guard operates as part of Navy -STATUTE- When the Coast Guard operates as a part of the Navy pursuant to section 3 of title 14, the powers conferred on the Secretary of Transportation by section 191 of this title, shall vest in and be exercised by the Secretary of the Navy. -SOURCE- (Nov. 15, 1941, ch. 471, Sec. 2, 55 Stat. 763; Oct. 18, 1962, Pub. L. 87-845, Sec. 11, 76A Stat. 699; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), 80 Stat. 938.) -MISC1- AMENDMENTS 1962 - Pub. L. 87-845 substituted 'section 3 of title 14' for 'section 1 of title 14'. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-845 effective Jan. 2, 1963, see section 25 of Pub. L. 87-845, set out as a note under section 14 of Title 18, Crimes and Criminal Procedure. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Transportation' substituted in text for 'Secretary of the Treasury' pursuant to section 6(b)(1) of Pub. L. 89-670, which transferred Coast Guard to Department of Transportation and transferred to and vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other officers and offices of Department of the Treasury. See section 108 of Title 49, Transportation. ------DocID 56055 Document 154 of 1268------ -CITE- 50 USC Sec. 191b -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 191b. Repealed. Pub. L. 96-70, title III, Sec. 3303(a)(5), Sept. 27, 1979, 93 Stat. 499 -MISC1- Section, acts Nov. 15, 1941, ch. 471, Sec. 4, 55 Stat. 763; Sept. 26, 1950, ch. 1049, Sec. 2(b), 64 Stat. 1038; Oct. 18, 1962, Pub. L. 87-845, Sec. 12, 76A Stat. 699, provided that this section, section 191a of this title, and section 91 of title 14 not affect the authority of the Governor of the Canal Zone conferred by section 191 of this title or section 34 of Title 2, Canal Zone Code. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse. ------DocID 56056 Document 155 of 1268------ -CITE- 50 USC Sec. 191c -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 191c. Repealed. Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561 -MISC1- Section, act Nov. 15, 1941, ch. 471, Sec. 1, 55 Stat. 763, related to control of anchorage and movement of vessels to insure safety of naval vessels. See section 91 of Title 14, Coast Guard. ------DocID 56057 Document 156 of 1268------ -CITE- 50 USC Sec. 192 -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 192. Seizure and forfeiture of vessel; fine and imprisonment -STATUTE- If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this title, or obstructs or interferes with the exercise of any power conferred by this title, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000. (a) If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this title, or knowingly obstructs or interferes with the exercise of any power conferred by this title, he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000. -SOURCE- (June 15, 1917, ch. 30, title II, Sec. 2, 40 Stat. 220; Mar. 28, 1940, ch. 72, Sec. 3(a), 54 Stat. 79; Nov. 15, 1941, ch. 471, Sec. 3, 55 Stat. 763; Aug. 9, 1950, ch. 656, Sec. 3, 64 Stat. 428.) -REFTEXT- REFERENCES IN TEXT This title, referred to in text, means title II of act June 15, 1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192 to 194 of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1950 - Subsec. (a). Act Aug. 9, 1950, added subsec. (a). 1941 - Act Nov. 15, 1941, struck out 'by the Secretary of the Treasury or the Governor of the Panama Canal' before 'under the provisions of this title'. 1940 - Act Mar. 28, 1940, increased term of imprisonment. TERMINATION DATE OF 1950 AMENDMENT For termination of amendment by act Aug. 9, 1950, see section 4 of act Aug. 9, 1950, set out as a note under section 191 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 267. ------DocID 56058 Document 157 of 1268------ -CITE- 50 USC Sec. 193 -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 193. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, acts June 15, 1917, ch. 30, title II, Sec. 3, 40 Stat. 220; Mar. 28, 1940, ch. 72, Sec. 3(b), 54 Stat. 79, related to destruction of, injury to, or improper use of vessels. See section 2274 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure. ------DocID 56059 Document 158 of 1268------ -CITE- 50 USC Sec. 194 -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 194. Enforcement provisions -STATUTE- The President may employ such departments, agencies, officers, or instrumentalities of the United States as he may deem necessary to carry out the purpose of this title. -SOURCE- (June 15, 1917, ch. 30, title II, Sec. 4, 40 Stat. 220; Aug. 9, 1950, ch. 656, Sec. 2, 64 Stat. 428.) -REFTEXT- REFERENCES IN TEXT This title, referred to in text, means title II of act June 15, 1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192 to 194 of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1950 - Act Aug. 9, 1950, authorized the President to employ such departments, agencies, etc., as he deems necessary to carry out title II of act June 15, 1917. TERMINATION DATE OF 1950 AMENDMENT For termination of amendment by act Aug. 9, 1950, see section 4 of act Aug. 9, 1950, set out as a note under section 191 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 267. ------DocID 56060 Document 159 of 1268------ -CITE- 50 USC Sec. 195 -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 195. 'United States' defined -STATUTE- The term 'United States' as used in this Act includes all territory and waters, continental or insular, subject to the jurisdiction of the United States. -SOURCE- (June 15, 1917, ch. 30, title XIII, Sec. 1, 40 Stat. 231; Sept. 27, 1979, Pub. L. 96-70, title III, Sec. 3302(b), 93 Stat. 498.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means act June 15, 1917, ch. 30, 40 Stat. 217, as amended. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was formerly classified to section 40 of this title. In the original this section defined 'United States' as used in act June 15, 1917. Other provisions of that act were contained in sections 31 to 42 of this title and certain sections of former Title 18, Criminal Code and Criminal Procedure. The definition of 'United States' as used in present provisions derived from those former sections is covered by sections 5 and 14 of Title 18, Crimes and Criminal Procedure. -MISC3- AMENDMENTS 1979 - Pub. L. 96-70 struck out 'the Canal Zone and' after 'this Act includes'. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse. ------DocID 56061 Document 160 of 1268------ -CITE- 50 USC Sec. 196 -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 196. Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in United States waters -STATUTE- During any period in which vessels may be requisitioned under section 1242 of title 46, Appendix, the President is authorized and empowered through the Secretary of Transportation to purchase, or to requisition, or for any part of such period to charter or requisition the use of, or to take over the title to or possession of, for such use or disposition as he shall direct, any merchant vessel not owned by citizens of the United States which is lying idle in waters within the jurisdiction of the United States and which the President finds to be necessary to the national defense. Just compensation shall be determined and made to the owner or owners of any such vessel in accordance with the applicable provisions of section 1242 of title 46, Appendix. Such compensation hereunder, or advances on account thereof, shall be deposited with the Treasurer of the United States in a separate deposit fund. Payments for such compensation and also for payment of any valid claim upon such vessel in accord with the provisions of the second paragraph of subsection (d) of section 1242 of title 46, Appendix, shall be made from such fund upon the certificate of the Secretary of Transportation. -SOURCE- (Aug. 9, 1954, ch. 659, Sec. 1, 68 Stat. 675; Sept. 27, 1979, Pub. L. 96-70, title III, Sec. 3302(c), 93 Stat. 498; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(152), 95 Stat. 167.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-31 substituted references to Secretary of Transportation for references to Secretary of Commerce wherever appearing. 1979 - Pub. L. 96-70 struck out ', including the Canal Zone,' after 'jurisdiction of the United States'. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 198 of this title. ------DocID 56062 Document 161 of 1268------ -CITE- 50 USC Sec. 197 -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 197. Voluntary purchase or charter agreements -STATUTE- During any period in which vessels may be requisitioned under section 1242 of title 46, Appendix, the President is authorized through the Secretary of Transportation to acquire by voluntary agreement of purchase or charter the ownership or use of any merchant vessel not owned by citizens of the United States. -SOURCE- (Aug. 9, 1954, ch. 659, Sec. 2, 68 Stat. 675; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(152), 95 Stat. 167.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-31 substituted 'Secretary of Transportation' for 'Secretary of Commerce'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 198 of this title. ------DocID 56063 Document 162 of 1268------ -CITE- 50 USC Sec. 198 -EXPCITE- TITLE 50 CHAPTER 12 -HEAD- Sec. 198. Requisitioned vessels -STATUTE- (a) Documentation of vessels Any vessel not documented under the laws of the United States, acquired by or made available to the Secretary of Transportation under sections 196 to 198 of this title, or otherwise, may, notwithstanding any other provision of law, in the discretion of the Secretary of the department in which the Coast Guard is operating be documented as a vessel of the United States under such rules and regulations or orders, and with such limitations, as the Secretary of the department in which the Coast Guard is operating may prescribe or issue as necessary or appropriate to carry out the purposes and provisions of sections 196 to 198 of this title, and in accordance with the provisions of subsection (c) of this section, engage in the coastwise trade when so documented. Any document issued to a vessel under the provisions of this subsection shall be surrendered at any time that such surrender may be ordered by the Secretary of the department in which the Coast Guard is operating. No vessel, the surrender of the documents of which has been so ordered, shall, after the effective date of such order, have the status of a vessel of the United States unless documented anew. (b) Waiver of compliance The President may, notwithstanding any other provisions of law, by rules and regulations or orders, waive compliance with any provision of law relating to masters, officers, members of the crew, or crew accommodations on any vessel documented under authority of this section to such extent and upon such terms as he finds necessary because of the lack of physical facilities on such vessels, and because of the need to employ aliens for their operation. No vessel shall cease to enjoy the benefits and privileges of a vessel of the United States by reason of the employment of any person in accordance with the provisions of this subsection. (c) Coastwise trade; inspection Any vessel while documented under the provisions of this section, when chartered under sections 196 to 198 of this title by the Secretary of Transportation to Government agencies or departments or to private operators, may engage in the coastwise trade under permits issued by the Secretary of Transportation, who is authorized to issue permits for such purpose pursuant to such rules and regulations as he may prescribe. The Secretary of Transportation is authorized to prescribe such rules and regulations as he may deem necessary or appropriate to carry out the purposes and provisions of this section. The second paragraph of section 9 of the Shipping Act, 1916, as amended (46 App. U.S.C. 808), shall not apply with respect to vessels chartered to Government agencies or departments or to private operators or otherwise used or disposed of under sections 196 to 198 of this title. Existing laws covering the inspection of steam vessels are made applicable to vessels documented under this section only to such extent and upon such conditions as may be required by regulations of the Secretary of the department in which the Coast Guard is operating: Provided, That in determining to what extent those laws should be made applicable, due consideration shall be given to the primary purpose of transporting commodities essential to the national defense. (d) Reconditioning of vessels The Secretary of Transportation without regard to the provisions of section 5 of title 41 may repair, reconstruct, or recondition any vessels to be utilized under sections 196 to 198 of this title. The Secretary of Transportation and any other Government department or agency by which any vessel is acquired or chartered, or to which any vessel is transferred or made available under sections 196 to 198 of this title may, with the aid of any funds available and without regard to the provisions of said section 5 of title 41, repair, reconstruct, or recondition any such vessels to meet the needs of the services intended, or provide facilities for such repair, reconstruction, or reconditioning. The Secretary of Transportation may operate or charter for operation any vessel to be utilized under sections 196 to 198 of this title to private operators, citizens of the United States, or to any department or agency of the United States Government, without regard to the provisions of title VII of the Merchant Marine Act, 1936 (46 App. U.S.C. 1191 et seq.), and any department or agency of the United States Government is authorized to enter into such charters. (e) Effective period In case of any voyage of a vessel documented under the provisions of this section begun before the date of termination of an effective period of section 196 of this title, but is completed after such date, the provisions of this section shall continue in effect with respect to such vessel until such voyage is completed. (f) 'Documented' defined When used in sections 196 to 198 of this title, the term 'documented' means 'registered', 'enrolled and licensed', or 'licensed'. -SOURCE- (Aug. 9, 1954, ch. 659, Sec. 3, 68 Stat. 675; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), (2), 80 Stat. 938; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(152), 95 Stat. 167.) -REFTEXT- REFERENCES IN TEXT The Merchant Marine Act, 1936, referred to in subsec. (d), is act June 29, 1936, ch. 858, 49 Stat. 1985, as amended. Title VII of the Merchant Marine Act, 1936 is classified generally to subchapter VII (Sec. 1191 et seq.) of chapter 27 of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see section 1245 of Title 46, Appendix, and Tables. -MISC2- AMENDMENTS 1981 - Subsecs. (a), (c), (d). Pub. L. 97-31 substituted references to Secretary of Transportation for references to Secretary of Commerce wherever appearing. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of the department in which the Coast Guard is operating' substituted in subsec. (a) for 'Secretary of the Treasury' pursuant to section 6(b)(1), (2) of Pub. L. 89-670, which transferred Coast Guard to Department of Transportation and transferred to and vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of all other officers and offices of Department of the Treasury, and which provided that notwithstanding such transfer Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. DELEGATION OF FUNCTIONS For delegation to Secretary of the Treasury of authority vested in President by subsec. (a) of this section, see Ex. Ord. No. 10289, eff. Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY Administrative delegation of functions by Secretary of the Treasury, see note set out preceding section 3 of the Appendix to Title 46, Shipping. ------DocID 56064 Document 163 of 1268------ -CITE- 50 USC CHAPTER 13 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- CHAPTER 13 - INSURRECTION -MISC1- Sec. 201 to 204. Repealed. 205. Suspension of commercial intercourse with State in insurrection. 206. Suspension of commercial intercourse with part of State in insurrection. 207. Persons affected by suspension of commercial intercourse. 208. Licensing or permitting commercial intercourse with State or region in insurrection. 209. Repealed. 210. Penalties for unauthorized trading, etc.; jurisdiction of prosecutions. 211. Investigations to detect and prevent frauds and abuses. 212. Confiscation of property employed to aid insurrection. 213. Jurisdiction of confiscation proceedings. 214. Repealed. 215. Institution of confiscation proceedings. 216. Preventing transportation of goods to aid insurrection. 217. Trading in captured or abandoned property. 218. Repealed. 219. Removal of customhouse and detention of vessels thereat. 220. Enforcement of section 219. 221. Closing ports of entry; forfeiture of vessels seeking to enter closed port. 222. Transferred. 223. Forfeiture of vessels owned by citizens of insurrectionary States. 224. Refusing clearance to vessels with suspected cargoes; forfeiture for departing without clearance. 225. Bond to deliver cargo at destination named in clearance. 226. Protection of liens on condemned vessels. ------DocID 56065 Document 164 of 1268------ -CITE- 50 USC Sec. 201 to 204 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 201 to 204. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 201, R.S. Sec. 5297, provided for Federal aid for State Governments in case of an insurrection in any State. See section 331 of Title 10, Armed Forces. Section 202, R.S. Sec. 5298, related to use of military and naval forces to enforce authority of Federal Government. See section 332 of Title 10. Section 203, R.S. Sec. 5299, related to denial by State of equal protection of laws and authorized the President to take measures for the suppression of any insurrection, domestic violence, or combinations. See section 333 of Title 10. Section 204, R.S. Sec. 5300, authorized the President to issue a proclamation commanding insurgents to disperse. See section 334 of Title 10. ------DocID 56066 Document 165 of 1268------ -CITE- 50 USC Sec. 205 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 205. Suspension of commercial intercourse with State in insurrection -STATUTE- Whenever the President, in pursuance of the provisions of this chapter, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or whenever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such State, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States. -SOURCE- (R.S. Sec. 5301.) -COD- CODIFICATION R.S. Sec. 5301 derived from acts July 13, 1861, ch. 3, Sec. 5, 12 Stat. 257; July 31, 1861, ch. 32, 12 Stat. 284. -CROSS- CROSS REFERENCES Extension of this section to - Parts of States, see section 206 of this title. Persons in occupied territory and aliens, see section 207 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 206, 223 of this title. ------DocID 56067 Document 166 of 1268------ -CITE- 50 USC Sec. 206 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 206. Suspension of commercial intercourse with part of State in insurrection -STATUTE- Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dangerous proximity to places under their control, all commercial intercourse therein and therewith shall be subject to the prohibitions and conditions of section 205 of this title for such time and to such extent as shall become necessary to protect the public interests, and be directed by the Secretary of the Treasury, with the approval of the President. -SOURCE- (R.S. Sec. 5302.) -COD- CODIFICATION R.S. Sec. 5302 derived from act July 2, 1864, ch. 225, Sec. 5, 13 Stat. 376. ------DocID 56068 Document 167 of 1268------ -CITE- 50 USC Sec. 207 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 207. Persons affected by suspension of commercial intercourse -STATUTE- The provisions of this chapter in relation to commercial intercourse shall apply to all commercial intercourse by and between persons residing or being within districts within the lines of national military occupation in the States or parts of States declared in insurrection, whether with each other or with persons residing or being within districts declared in insurrection and not within those lines; and all persons within the United States, not native or naturalized citizens thereof, shall be subject to the same prohibitions, in all commercial intercourse with inhabitants of States or parts of States declared in insurrection, as citizens of States not declared to be in insurrection. -SOURCE- (R.S. Sec. 5303.) -COD- CODIFICATION R.S. Sec. 5303 derived from act July 2, 1864, ch. 225, Sec. 4, 13 Stat. 376. ------DocID 56069 Document 168 of 1268------ -CITE- 50 USC Sec. 208 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 208. Licensing or permitting commercial intercourse with State or region in insurrection -STATUTE- The President may, in his discretion, license and permit commercial intercourse with any part of such State or section, the inhabitants of which are so declared in a state of insurrection, so far as may be necessary to authorize supplying the necessities of loyal persons residing in insurrectionary States, within the lines of actual occupation by the military forces of the United States, as indicated by published order of the commanding general of the department or district so occupied; and, also, so far as may be necessary to authorize persons residing within such lines to bring or send to market in the loyal States any products which they shall have produced with their own labor or the labor of freedmen, or others employed and paid by them, pursuant to rules relating thereto, which may be established under proper authority. And no goods, wares, or merchandise shall be taken into a State declared in insurrection, or transported therein, except to and from such places and to such monthly amounts as shall have been previously agreed upon, in writing, by the commanding general of the department in which such places are situated, and an officer designated by the Secretary of the Treasury for that purpose. Such commercial intercourse shall be in such articles and for such time and by such persons as the President, in his discretion, may think most conducive to the public interest; and, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury. -SOURCE- (R.S. Sec. 5304.) -COD- CODIFICATION R.S. Sec. 5304 derived from acts July 13, 1861, ch. 3, Sec. 5, 12 Stat. 257; July 2, 1864, ch. 225, Sec. 9, 13 Stat. 377. ------DocID 56070 Document 169 of 1268------ -CITE- 50 USC Sec. 209 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 209. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632 -MISC1- Section, R.S. Sec. 5305, related to appointment of officers to carry into effect licenses to trade in State or region in an insurrection. ------DocID 56071 Document 170 of 1268------ -CITE- 50 USC Sec. 210 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 210. Penalties for unauthorized trading, etc.; jurisdiction of prosecutions -STATUTE- Every officer of the United States, civil, military, or naval, and every sutler, soldier, marine, or other person, who takes, or causes to be taken into a State declared to be in insurrection, or to any other point to be thence taken into such State, or who transports or sells, or otherwise disposes of therein, any goods, wares, or merchandise whatsoever, except in pursuance of license and authority of the President, as provided in this chapter, or who makes any false statement or representation upon which license and authority is granted for such transportation, sale, or other disposition, or who, under any license or authority obtained, willfully and knowingly transports, sells, or otherwise disposes of any other goods, wares, or merchandise than such as are in good faith so licensed and authorized, or who willfully and knowingly transports, sells, or disposes of the same, or any portion thereof, in violation of the terms of such license or authority, or of any rule or regulation prescribed by the Secretary of the Treasury concerning the same, or who is guilty of any act of embezzlement, of willful misappropriation of public or private money or property, of keeping false accounts, or of willfully making any false returns, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same. -SOURCE- (R.S. Sec. 5306.) -COD- CODIFICATION R.S. Sec. 5306 derived from act July 2, 1864, ch. 225, Sec. 10, 13 Stat. 377. ------DocID 56072 Document 171 of 1268------ -CITE- 50 USC Sec. 211 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 211. Investigations to detect and prevent frauds and abuses -STATUTE- It shall be the duty of the Secretary of the Treasury, from time to time, to institute such investigations as may be necessary to detect and prevent frauds and abuses in any trade or transactions which may be licensed between inhabitants of loyal States and of States in insurrection. And the agents making such investigations shall have power to compel the attendance of witnesses, and to make examinations on oath. -SOURCE- (R.S. Sec. 5307.) -COD- CODIFICATION R.S. Sec. 5307 derived from act July 2, 1864, ch. 225, Sec. 10, 13 Stat. 377. -CROSS- CROSS REFERENCES Authority of any employee of any Department detailed to investigate frauds on the Government, or any official misconduct, to administer oaths to witnesses, see section 303 of Title 5, Government Organization and Employees. ------DocID 56073 Document 172 of 1268------ -CITE- 50 USC Sec. 212 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 212. Confiscation of property employed to aid insurrection -STATUTE- Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attorney, or employee, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned. -SOURCE- (R.S. Sec. 5308.) -COD- CODIFICATION R.S. Sec. 5308 derived from act Aug. 6, 1861, ch. 60, Sec. 1, 12 Stat. 319. ------DocID 56074 Document 173 of 1268------ -CITE- 50 USC Sec. 213 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 213. Jurisdiction of confiscation proceedings -STATUTE- Such prizes and capture shall be condemned in the district court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted. -SOURCE- (R.S. Sec. 5309; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 253; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167.) -COD- CODIFICATION R.S. Sec. 5309 derived derived from act Aug. 6, 1861, ch. 60, Sec. 2, 12 Stat. 319. Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts. -MISC3- AMENDMENTS 1877 - Act Feb. 27, 1877, inserted 'may' after 'any district in which the same'. ------DocID 56075 Document 174 of 1268------ -CITE- 50 USC Sec. 214 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 214. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section, R.S. Sec. 5310, provided that property taken on inland waters of the United States was not a maritime prize. See section 7651 of Title 10, Armed Forces. ------DocID 56076 Document 175 of 1268------ -CITE- 50 USC Sec. 215 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 215. Institution of confiscation proceedings -STATUTE- The Attorney General, or the United States attorney for any judicial district in which such property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts. -SOURCE- (R.S. Sec. 5311; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -COD- CODIFICATION R.S. Sec. 5311 derived from act Aug. 6, 1861, ch. 60, Sec. 3, 12 Stat. 319. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorney' for 'attorney of the United States'. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder. ------DocID 56077 Document 176 of 1268------ -CITE- 50 USC Sec. 216 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 216. Preventing transportation of goods to aid insurrection -STATUTE- The Secretary of the Treasury is authorized to prohibit and prevent the transportation in any vessel, or upon any railroad, turnpike, or other road or means of transportation within the United States, of any property, whatever may be the ostensible destination of the same, in all cases where there are satisfactory reasons to believe that such property is intended for any place in the possession or under the control of insurgents against the United States, or that there is imminent danger that such property will fall into the possession or under the control of such insurgents; and he is further authorized, in all cases where he deems it expedient so to do, to require reasonable security to be given that property shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to such insurgents; and he may establish all such general or special regulations as may be necessary or proper to carry into effect the purposes of this section; and if any property is transported in violation of this chapter, or of any regulation of the Secretary of the Treasury, established in pursuance thereof, or if any attempt shall be made so to transport any, it shall be forfeited. -SOURCE- (R.S. Sec. 5312.) -COD- CODIFICATION R.S. Sec. 5312 derived from act May 20, 1862, ch. 81, Sec. 3, 12 Stat. 404. ------DocID 56078 Document 177 of 1268------ -CITE- 50 USC Sec. 217 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 217. Trading in captured or abandoned property -STATUTE- All persons in the military or naval service of the United States are prohibited from buying or selling, trading, or in any way dealing in captured or abandoned property, whereby they shall receive or expect any profit, benefit, or advantage to themselves, or any other person, directly or indirectly connected with them; and it shall be the duty of such person whenever such property comes into his possession or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this chapter, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same. -SOURCE- (R.S. Sec. 5313.) -COD- CODIFICATION R.S. Sec. 5313 derived from act July 2, 1864, ch. 225, Sec. 10, 13 Stat. 377. -CROSS- CROSS REFERENCES Dealing in captured or abandoned property to be punishable as a court-martial may direct, see section 903 of Title 10, Armed Forces. ------DocID 56079 Document 178 of 1268------ -CITE- 50 USC Sec. 218 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 218. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632 -MISC1- Section, R.S. Sec. 5314; act Mar. 2, 1929, ch. 510, Sec. 1, 45 Stat. 1496, related to authority of President in collection of duties to change ports of entry in case of insurrection. ------DocID 56080 Document 179 of 1268------ -CITE- 50 USC Sec. 219 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 219. Removal of customhouse and detention of vessels thereat -STATUTE- Whenever, at any port of entry, the duties on imports cannot, in the judgment of the President, be collected in the ordinary way, or by the course provided in section 218 (FOOTNOTE 1) of this title, by reason of the cause mentioned in said section, he may direct that the customhouse for the district be established in any secure place within the district, either on land or on board any vessel in the district, or at sea near the coast; and in such case the collector shall reside at such place, or on shipboard, as the case may be, and there detain all vessels and cargoes arriving within or approaching the district, until the duties imposed by law on such vessels and their cargoes are paid in cash. But if the owner or consignee of the cargo on board any vessel thus detained, or the master of the vessel, desires to enter a port of entry in any other district where no such obstructions to the execution of the laws exist, the master may be permitted so to change the destination of the vessel and cargo in his manifest; whereupon the collector shall deliver him a written permit to proceed to the port so designated. And the Secretary of the Treasury, with the approval of the President, shall make proper regulations for the enforcement on shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judgment may be necessary and practicable. (FOOTNOTE 1) See References in Text note below. -SOURCE- (R.S. Sec. 5315.) -REFTEXT- REFERENCES IN TEXT Section 218 of this title, referred to in text, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632. -COD- CODIFICATION R.S. Sec. 5315 derived from acts July 13, 1861, ch. 3, Sec. 2, 12 Stat. 256; Mar. 3, 1875, ch. 136, Sec. 2, 18 Stat. 469. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of the Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 220, 221 of this title. ------DocID 56081 Document 180 of 1268------ -CITE- 50 USC Sec. 220 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 220. Enforcement of section 219 -STATUTE- It shall be unlawful to take any vessel or cargo detained under section 219 of this title from the custody of the proper officers of the customs, unless by process of some court of the United States; and in case of any attempt otherwise to take such vessel or cargo by any force, or combination, or assemblage of persons, too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof. -SOURCE- (R.S. Sec. 5316.) -COD- CODIFICATION R.S. Sec. 5316 derived from act July 12, 1861, ch. 3, Sec. 3, 12 Stat. 256. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 221 of this title. ------DocID 56082 Document 181 of 1268------ -CITE- 50 USC Sec. 221 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 221. Closing ports of entry; forfeiture of vessels seeking to enter closed port -STATUTE- Whenever, in any collection district, the duties on imports can not, in the judgment of the President, be collected in the ordinary way, nor in the manner provided by sections 218 (FOOTNOTE 1) to 220 of this title, by reason of the cause mentioned in section 218 of this title, the President may close the port of entry in that district; and shall in such case give notice thereof by proclamation. And thereupon all right of importation, warehousing, and other privileges incident to ports of entry shall cease and be discontinued at such port so closed until it is opened by the order of the President on the cessation of such obstructions. Every vessel from beyond the United States, or having on board any merchandise liable to duty, which attempts to enter any port which has been closed under this section, shall, with her tackle, apparel, furniture, and cargo, be forfeited. (FOOTNOTE 1) See References in Text note below. -SOURCE- (R.S. Sec. 5317.) -REFTEXT- REFERENCES IN TEXT Section 218 of this title, referred to in text, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632. -COD- CODIFICATION R.S. Sec. 5317 derived from act July 12, 1861, ch. 3, Sec. 4, 12 Stat. 256. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. ------DocID 56083 Document 182 of 1268------ -CITE- 50 USC Sec. 222 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 222. Transferred -COD- CODIFICATION Section, R.S. Sec. 5318; act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800, related to use of auxiliary vessels to enforce this chapter, and was transferred to section 540 of Title 19, Customs Duties. ------DocID 56084 Document 183 of 1268------ -CITE- 50 USC Sec. 223 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 223. Forfeiture of vessels owned by citizens of insurrectionary States -STATUTE- From and after fifteen days after the issuing of the proclamation, as provided in section 205 of this title, any vessel belonging in whole or in part to any citizen or inhabitant of such State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited. -SOURCE- (R.S. Sec. 5319.) -COD- CODIFICATION R.S. Sec. 5319 derived from act July 12, 1861, ch. 3, Sec. 7, 12 Stat. 257. ------DocID 56085 Document 184 of 1268------ -CITE- 50 USC Sec. 224 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 224. Refusing clearance to vessels with suspected cargoes; forfeiture for departing without clearance -STATUTE- The Secretary of the Treasury is authorized to refuse a clearance to any vessel or other vehicle laden with merchandise, destined for a foreign or domestic port, whenever he shall have satisfactory reason to believe that such merchandise, or any part thereof, whatever may be its ostensible destination, is intended for ports in possession or under control of insurgents against the United States; and if any vessel for which a clearance or permit has been refused by the Secretary of the Treasury, or by his order, shall depart or attempt to depart for a foreign or domestic port without being duly cleared or permitted, such vessel, with her tackle, apparel, furniture, and cargo, shall be forfeited. -SOURCE- (R.S. Sec. 5320.) -COD- CODIFICATION R.S. Sec. 5320 derived from act May 20, 1862, ch. 81, Sec. 1, 12 Stat. 404. ------DocID 56086 Document 185 of 1268------ -CITE- 50 USC Sec. 225 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 225. Bond to deliver cargo at destination named in clearance -STATUTE- Whenever a permit or clearance is granted for either a foreign or domestic port, it shall be lawful for the collector of the customs granting the same, if he deems it necessary, under the circumstances of the case, to require a bond to be executed by the master or the owner of the vessel, in a penalty equal to the value of the cargo, and with sureties to the satisfaction of such collector, that the cargo shall be delivered at the destination for which it is cleared or permitted, and that no part thereof shall be used in affording aid or comfort to any person or parties in insurrection against the authority of the United States. -SOURCE- (R.S. Sec. 5321.) -COD- CODIFICATION R.S. Sec. 5321 derived from act May 20, 1862, ch. 81, Sec. 2, 12 Stat. 404. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. ------DocID 56087 Document 186 of 1268------ -CITE- 50 USC Sec. 226 -EXPCITE- TITLE 50 CHAPTER 13 -HEAD- Sec. 226. Protection of liens on condemned vessels -STATUTE- In all cases wherein any vessel, or other property, is condemned in any proceeding by virtue of any laws relating to insurrection or rebellion, the court rendering judgment of condemnation shall, notwithstanding such condemnation, and before awarding such vessel, or other property, or the proceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such vessel, or other property, of any bona fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and amity with the United States, intervening in such proceeding, and which shall be duly established by evidence, as a valid claim against such vessel, or other property, under the laws of the United States or of any State thereof not declared to be in insurrection. No such claim shall be allowed in any case where the claimant has knowingly participated in the illegal use of such ship, vessel, or other property. This section shall extend to such claims only as might have been enforced specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose. -SOURCE- (R.S. Sec. 5322.) -COD- CODIFICATION R.S. Sec. 5322 derived from act Mar. 3, 1863, ch. 90, 12 Stat. 762. ------DocID 56088 Document 187 of 1268------ -CITE- 50 USC CHAPTER 14 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- CHAPTER 14 - WARTIME VOTING BY LAND AND NAVAL FORCES ------DocID 56089 Document 188 of 1268------ -CITE- 50 USC Sec. 301 to 303 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- Sec. 301 to 303. Repealed. Aug. 9, 1955, ch. 656, title III, Sec. 307, 69 Stat. 589 -MISC1- Section 301, acts Sept. 16, 1942, ch. 561, title I, Sec. 1, 56 Stat. 753; July 1, 1943, ch. 187, Sec. 1, 5, 57 Stat. 371, granted absentee members of land or naval forces of the United States the right to vote in Presidential, Vice Presidential, and Congressional elections. See section 1973ff et seq. of Title 42, The Public Health and Welfare. Section 302, act Sept. 16, 1942, ch. 561, title I, Sec. 2, 56 Stat. 753, exempted persons in military service in time of war from paying poll taxes or other taxes as a condition of voting in any election for President, Vice President, electors for President or Vice President, or for Senator or Member of the House of Representatives. Section 303, acts Sept. 16, 1942, ch. 561, title I, Sec. 3, 56 Stat. 753; Apr. 1, 1944, ch. 150, 58 Stat. 136, provided for voting in accordance with State law. ADDITIONAL REPEAL Sections 301 to 303 were also repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70 Stat. 641. ------DocID 56090 Document 189 of 1268------ -CITE- 50 USC Sec. 304 to 315 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- Sec. 304 to 315. Repealed. Apr. 1, 1944, ch. 150, 58 Stat. 136 -MISC1- Section 304, act Sept. 16, 1942, ch. 561, Sec. 4, 56 Stat. 754, related to a public list of applicants. Section 305, act Sept. 16, 1942, ch. 561, Sec. 5, 56 Stat. 754, related to form of ballots and booklets. Section 306, act Sept. 16, 1942, ch. 561, Sec. 6, 56 Stat. 755, related to use of official envelopes. Section 307, act Sept. 16, 1942, ch. 561, Sec. 7, 56 Stat. 756, related to transmission of ballots. Section 308, act Sept. 16, 1942, ch. 561, Sec. 8, 56 Stat. 756, related to return of ballots. Section 309, act Sept. 16, 1942, ch. 561, Sec. 9, 56 Stat. 756, related to certification of votes. Section 310, act Sept. 16, 1942, ch. 561, Sec. 10, 56 Stat. 756, related to payment of expenses. Section 311, act Sept. 16, 1942, ch. 561, Sec. 11, 56 Stat. 757, related to utilization of services of local agencies. Section 312, act Sept. 16, 1942, ch. 561, Sec. 12, 56 Stat. 757, related to voting under State law. Section 313, act Sept. 16, 1942, ch. 561, Sec. 13, 56 Stat. 757, related to primary elections. Section 314, act Sept. 16, 1942, ch. 561, Sec. 14, 56 Stat. 757, related to offenses against elective franchise. Section 315, act Sept. 16, 1942, ch. 561, Sec. 15, 56 Stat. 757, related to formality of compliance. ------DocID 56091 Document 190 of 1268------ -CITE- 50 USC Sec. 321 to 331 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- Sec. 321 to 331. Repealed. Aug. 9, 1955, ch. 656, title III, Sec. 307, 69 Stat. 589 -MISC1- Section 321, act Sept. 16, 1942, ch. 561, title II, Sec. 201, as added Apr. 1, 1944, ch. 150, 58 Stat. 136, and amended Apr. 19, 1946, ch. 142, 60 Stat. 96, related to State absentee voting legislation. Section 322, act Sept. 16, 1942, ch. 561, title II, Sec. 202, as added Apr. 1, 1944, ch. 150, 58 Stat. 137, and amended Apr. 19, 1946, ch. 142, 60 Stat. 96, related to use of post cards. Section 323, act Sept. 16, 1942, ch. 561, title II, Sec. 203, as added Apr. 1, 1944, ch. 150, 58 Stat. 137, and amended Apr. 19, 1946, ch. 142, 60 Stat. 97, related to distribution of ballots. Section 324, act Sept. 16, 1942, ch. 561, title II, Sec. 204, as added Apr. 1, 1944, ch. 150, 58 Stat. 138, and amended Apr. 19, 1946, ch. 142, 60 Stat. 97; Sept. 29, 1950, ch. 1112, Sec. 1, 64 Stat. 1082, provided for style and markings of envelopes, protective inserts, return envelopes, and size and weight of ballots and envelopes. Section 325, act Sept. 16, 1942, ch. 561, title II, Sec. 205, as added Apr. 1, 1944, ch. 150, 58 Stat. 138, and amended Apr. 19, 1946, ch. 142, 60 Stat. 97, related to signature and oath of voter. Section 326, act Sept. 16, 1942, ch. 561, title II, Sec. 206, as added Apr. 1, 1944, ch. 150, 58 Stat. 139, and amended Apr. 19, 1946, ch. 142, 60 Stat. 98, related to instructions for marking ballots. Section 327, act Sept. 16, 1942, ch. 561, title II, Sec. 207, as added Apr. 1, 1944, ch. 150, 58 Stat. 139, and amended Apr. 19, 1946, ch. 142, 60 Stat. 99, related to extension of State's time limits. Section 328, act Sept. 16, 1942, ch. 561, title II, Sec. 208, as added Apr. 19, 1946, ch. 142, 60 Stat. 99, provided for notification of forthcoming elections by secretaries of states. Section 329, act Sept. 16, 1942, ch. 561, title II, Sec. 209, as added Apr. 19, 1946, ch. 142, 60 Stat. 99, and amended Sept. 29, 1950, ch. 1111, 64 Stat. 1082, provided for cooperation with States, printing and transmitting of post cards, and content of post cards. Section 330, act Sept. 16, 1942, ch. 561, title II, Sec. 210, as added Apr. 19, 1946, ch. 142, 60 Stat. 101, and amended July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, related to transmission of post cards. Section 331, act Sept. 16, 1942, ch. 561, title II, Sec. 211, as added Apr. 19, 1946, ch. 142, 60 Stat. 101, and amended July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, related to distribution of information. A prior section 331, act Sept. 16, 1942, ch. 561, title III, Sec. 301, as added Apr. 1, 1944, ch. 150, 58 Stat. 140, related to establishment of United States War Ballot Commission and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96. ADDITIONAL REPEAL Sections 321 to 331 were also repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641. ------DocID 56092 Document 191 of 1268------ -CITE- 50 USC Sec. 332 to 340 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- Sec. 332 to 340. Repealed. Apr. 19, 1946, ch. 142, 60 Stat. 96 -MISC1- Section 332, act Sept. 16, 1942, ch. 561, title III, Sec. 302, as added Apr. 1, 1944, ch. 150, 58 Stat. 140, related to persons subject to this subchapter. Section 333, act Sept. 16, 1942, ch. 561, title III, Sec. 303, as added Apr. 1, 1944, ch. 150, 58 Stat. 141, related to Federal war ballots. Section 334, act Sept. 16, 1942, ch. 561, title III, Sec. 304, as added Apr. 1, 1944, ch. 150, 58 Stat. 143, related to administration of oaths. Section 335, act Sept. 16, 1942, ch. 561, title III, Sec. 305, as added Apr. 1, 1944, ch. 150, 58 Stat. 143, related to administration of this subchapter. Section 336, act Sept. 16, 1942, ch. 561, title III, Sec. 306, as added Apr. 1, 1944, ch. 150, 58 Stat. 144, related to lists of candidates. Section 337, act Sept. 16, 1942, ch. 561, title III, Sec. 307, as added Apr. 1, 1944, ch. 150, 58 Stat. 144, related to distribution and collection of ballots. Section 338, act Sept. 16, 1942, ch. 561, title III, Sec. 308, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to merchant marine ballots. Section 339, act Sept. 16, 1942, ch. 561, title III, Sec. 309, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to transmission of ballots. Section 340, act Sept. 16, 1942, ch. 561, title III, Sec. 310, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to reports on balloting. ------DocID 56093 Document 192 of 1268------ -CITE- 50 USC Sec. 341 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- Sec. 341. Repealed. Aug. 9, 1955, ch. 656, title III, Sec. 307, 69 Stat. 589 -MISC1- Section, act Sept. 16, 1942, ch. 561, title III, Sec. 301, as added Apr. 19, 1946, ch. 142, 60 Stat. 101, provided for prevention of fraud, coercion, and undue influence; free discussion, and acts done in good faith. A prior section 341, act Sept. 16, 1942, ch. 561, title III, Sec. 311, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to validity of ballots and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96. ADDITIONAL REPEAL Section was also repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641. ------DocID 56094 Document 193 of 1268------ -CITE- 50 USC Sec. 342 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- Sec. 342. Repealed. May 24, 1949, ch. 139, Sec. 142, 63 Stat. 109 -MISC1- Section, act Sept. 16, 1942, ch. 561, title III, Sec. 302, as added Apr. 19, 1946, ch. 142, 60 Stat. 102, related to prohibition against taking of polls. See section 596 of Title 18, Crimes and Criminal Procedure. A prior section 342, act Sept. 16, 1942, ch. 561, title III, Sec. 312, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, which provided for safeguards and secrecy of ballots and prevention of fraud and coercion as to voting, was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 102. ------DocID 56095 Document 194 of 1268------ -CITE- 50 USC Sec. 343 to 347 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- Sec. 343 to 347. Repealed. Apr. 19, 1946, ch. 142, 60 Stat. 96 -MISC1- Section 343, act Sept. 16, 1942, ch. 561, title III, Sec. 313, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to penalties under sections 341 to 347 of this title. Section 344, act Sept. 16, 1942, ch. 561, title III, Sec. 314, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to prohibition on taking polls. See section 596 of Title 18, Crimes and Criminal Procedure. Section 344 was also repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862. Section 345, act Sept. 16, 1942, ch. 561, title III, Sec. 315, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to certain State officials. Section 346, act Sept. 16, 1942, ch. 561, title III, Sec. 316, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to agencies acting for the Secretary of State. Section 347, act Sept. 16, 1942, ch. 561, title III, Sec. 317, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to construction of chapter. ------DocID 56096 Document 195 of 1268------ -CITE- 50 USC Sec. 351 to 355 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- Sec. 351 to 355. Repealed. Aug. 9, 1955, ch. 656, title III, Sec. 307, 69 Stat. 589 -MISC1- Section 351, act Sept. 16, 1942, ch. 561, title IV, Sec. 401, as added Apr. 19, 1946, ch. 142, 60 Stat. 102, defined terms for purposes of this chapter. A prior section 351, act Sept. 16, 1942, ch. 561, title IV, Sec. 401, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, authorized appropriations for purposes of this chapter and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Section 352, act Sept. 16, 1942, ch. 561, title IV, Sec. 402, as added Apr. 19, 1946, ch. 142, 60 Stat. 102, and amended Sept. 29, 1950, ch. 1112, Sec. 2, 64 Stat. 1083, related to free postage. A prior section 352, act Sept. 16, 1942, ch. 561, title IV, Sec. 402, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to free postage and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Section 353, act Sept. 16, 1942, ch. 561, title IV, Sec. 403, as added Apr. 19, 1946, ch. 142, 60 Stat. 103, related to administration of this chapter. A prior section 353, act Sept. 16, 1942, ch. 561, title IV, Sec. 403, as added Apr. 1, 1944, ch. 150, 58 Stat. 148, defined terms for purposes of this chapter and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Section 354, act Sept. 16, 1942, ch. 561, title IV, Sec. 404, as added Apr. 19, 1946, ch. 142, 60 Stat. 103, related to separability of provisions. A prior section 354, act Sept. 16, 1942, ch. 561, title IV, Sec. 404, as added Apr. 1, 1944, ch. 150, 58 Stat. 148, related to separability of provisions and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Section 355, act Sept. 16, 1942, ch. 561, title IV, Sec. 405, as added Apr. 19, 1946, ch. 142, 60 Stat. 103, related to construction of this chapter. ADDITIONAL REPEAL Sections 351 to 355 were also repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641. ------DocID 56097 Document 196 of 1268------ -CITE- 50 USC CHAPTER 15 -EXPCITE- TITLE 50 CHAPTER 15 -HEAD- CHAPTER 15 - NATIONAL SECURITY -MISC1- Sec. 401. Congressional declaration of purpose. SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY 402. National Security Council. (a) Establishment; presiding officer; functions; composition. (b) Additional functions. (c) Executive secretary; appointment; staff employees. (d) Recommendations and reports. (e) Participation of Chairman or Vice Chairman of Joint Chiefs of Staff. (f) Participation by Director of National Drug Control Policy. (g) Board for Low Intensity Conflict. 403. Central Intelligence Agency. (a) Establishment; Director and Deputy Director; appointment. (b) Commissioned officer as Director or Deputy Director; powers and limitations; effect on commissioned status. (c) Termination of employment of officers and employees; effect on right of subsequent employment. (d) Powers and duties. (e) Inspection of intelligence of other departments. (f) Termination of National Intelligence Authority; transfer of personnel, property, records, and unexpended funds. 403-1. Intelligence Community Staff; appointment of Director. 403a. Definitions relating to Central Intelligence Agency. 403b. Seal of office of Central Intelligence Agency. 403c. Procurement authority of Central Intelligence Agency. (a) Purchases and contracts for supplies and services. (b) 'Agency head' defined. (c) Classes of purchases and contracts; finality of decision; powers delegable. (d) Powers not delegable; written findings. (e) Automatic data processing equipment and services. 403d. Repealed. 403e. Central Intelligence Agency personnel; allowances and benefits. (a) Travel, allowances, and related expenses for officers and employees assigned to duty stations outside United States. (b) Allowances and benefits comparable to those paid members of Foreign Service; special requirements; persons detailed or assigned from other agencies; regulations. 403e-1. Eligibility for incentive awards. (a) Scope of authority with respect to Federal employees and members of Armed Forces. (b) Time for exercise of authority. (c) Exercise of authority with respect to members of Armed Forces assigned to foreign intelligence duties. (d) Payment and acceptance of award. 403f. General authorities of Agency. 403g. Protection of nature of Agency's functions. 403h. Admission of essential aliens; limitation on number. 403i. Repealed. 403j. Central Intelligence Agency; appropriations; expenditures. 403k. Authority to pay death gratuities. 403l. Authority to accept gifts, devises and bequests. (a) Use for operational purposes prohibited. (b) Sale, exchange and investment of gifts. (c) Deposit of gifts into special fund. (d) Taxation of gifts. (e) 'Gift' defined. 403m. Misuse of Agency name, initials, or seal. (a) Prohibited acts. (b) Injunction. 403n. Special provisions for spouses of Central Intelligence Agency employees applicable to Agency participants in Civil Service Retirement and Disability System. (a) Manner and extent of applicability. (b) Regulations. 403o. Security personnel at Agency installations. (a) Special policemen: functions and powers; regulations: promulgation and enforcement. (b) Penalties for violations of regulations. (c) Identification. 403p. Health benefits for certain former spouses of Central Intelligence Agency employees. (a) Persons eligible. (b) Enrollment for health benefits. (c) Remarriage before age fifty-five; continued enrollment. (d) Enrollment in health benefits plan under other authority. (e) 'Health benefits plan' defined. 403q. Inspector General for Agency. (a) Purpose; establishment. (b) Appointment; supervision; removal. (c) Duties and responsibilities. (d) Semiannual reports; immediate reports of serious or flagrant problems; reports of functional problems. (e) Authorities of Inspector General. (f) Separate budget account. (g) Transfer. 403r. Special annuity computation rules for certain employees' service abroad. (a) Officers and employees to whom rules apply. (b) Computation rules. (c) Annuities deemed annuities under section 8339 of title 5. (d) Officers and employees entitled to greater annuities under section 8339 of title 5. 403r-1. Portability of overseas service retirement benefit. 403s. Special rules for disability retirement and death-in-service benefits with respect to certain employees. (a) Officers and employees to whom section 231 of Pub. L. 88-643 rules apply. (b) Survivors of officers and employees to whom section 232 of Pub. L. 88-643 rules apply. (c) Officers and employees to be retired as though designated pursuant to section 302(a) of Pub. L. 88-643. (d) Survivors of officers and employees to receive benefits as though deceased had been designated pursuant to section 302(a) of Pub. L. 88-643. (e) Annuities and/or other benefits provided under this section deemed annuities and/or benefits under chapter 83 or 84 of title 5. 404. Emergency preparedness. (a) Employment of personnel. (b) Functions. (c) Utilization of Government resources and facilities. 404a. Annual national security strategy report. (a) Transmittal to Congress. (b) Contents. (c) Classified and unclassified form. 404b. Multiyear national foreign intelligence program. (a) Annual submission of multiyear national foreign intelligence program. (b) Time of submission. (c) Consistency with budget estimates. 404c. Annual report on United States security arrangements and commitments with other nations. (a) Report requirements. (b) Matters to be included. (c) Deadline for report. SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS 405. Advisory committees; appointment; compensation of part-time personnel; applicability of other laws. 406. Omitted. 407. Study or plan of surrender; use of appropriations. 408. Applicable laws. 409. Definitions of military departments. 410. 'Function' and 'Department of Defense' defined. 411. Authorization of appropriations. 412. Repealing and savings provisions. SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES 413. Congressional oversight. (a) Reports to Congressional committees of current and proposed activities. (b) Failure to inform; reasons. (c) Establishment of procedures for relaying information. (d) Protection from unauthorized disclosure. (e) Construction of authority conferred. 414. Funding of intelligence activities. (a) Obligations and expenditures for intelligence or intelligence-related activity; prerequisites. (b) Activities denied funding by Congress. (c) Definitions. 415. Notice to Congress of certain transfers of defense articles and defense services. SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources. (a) Disclosure of information by persons having or having had access to classified information that identifies covert agent. (b) Disclosure of information by persons who learn identity of covert agents as result of having access to classified information. (c) Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agents. 422. Defenses and exceptions. (a) Disclosure by United States of identity of covert agent. (b) Conspiracy, misprision of felony, aiding and abetting, etc. (c) Disclosure to select Congressional committees on intelligence. (d) Disclosure by agent of own identity. 423. Report. (a) Annual report by President to Congress on measures to protect identities of covert agents. (b) Exemption from disclosure; date of initial submission. 424. Extraterritorial jurisdiction. 425. Providing information to Congress. 426. Definitions. SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY 431. Exemption of certain operational files from search, review, publication, or disclosure. (a) Exemption by Director of Central Intelligence. (b) 'Operational files' defined. (c) Search and review for information. (d) Information derived or disseminated from exempted operational files. (e) Supersedure of prior law. (f) Allegation; improper withholding of records; judicial review. 432. Decennial review of exempted operational files. (a) Review by Director of Central Intelligence. (b) Consideration; historical value; public interest. (c) Judicial review. -SECREF- ACT REFERRED TO IN OTHER SECTIONS The National Security Act of 1947 is referred to in section 47e of this title; section 469 of Appendix to this title; title 21 section 1503; title 22 section 2291. ------DocID 56098 Document 197 of 1268------ -CITE- 50 USC Sec. 401 -EXPCITE- TITLE 50 CHAPTER 15 -HEAD- Sec. 401. Congressional declaration of purpose -STATUTE- In enacting this legislation, it is the intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establishment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; to provide a Department of Defense, including the three military Departments of the Army, the Navy (including naval aviation and the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of Defense; to provide that each military department shall be separately organized under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense; to provide for their unified direction under civilian control of the Secretary of Defense but not to merge these departments or services; to provide for the establishment of unified or specified combatant commands, and a clear and direct line of command to such commands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its overall direction and control in the Secretary of Defense; to provide more effective, efficient, and economical administration in the Department of Defense; to provide for the unified strategic direction of the combatant forces, for their operation under unified command, and for their integration into an efficient team of land, naval, and air forces but not to establish a single Chief of Staff over the armed forces nor an overall armed forces general staff. -SOURCE- (July 26, 1947, ch. 343, Sec. 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, Sec. 2, 63 Stat. 579; Aug. 6, 1958, Pub. L. 85-599, Sec. 2, 72 Stat. 514.) -REFTEXT- REFERENCES IN TEXT This legislation, referred to in text, means act July 26, 1947, ch. 343, 61 Stat. 495, as amended, known as the National Security Act of 1947. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -MISC2- AMENDMENTS 1958 - Pub. L. 85-599 amended section generally, and, among other changes, provided that each military department shall be separately organized, instead of separately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relating to establishment of unified or specified combatant commands and for elimination of unnecessary duplication. 1949 - Act Aug. 10, 1949, provided that the military departments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff. EFFECTIVE DATE Section 310 of act July 26, 1947, provided: '(a) The first sentence of section 202(a) (section 171a of former Title 5, Executive Departments and Government Officers and Employees) and sections 1, 2, 307, 308, 309, and 310 (section 171 note of former Title 5, section 361 of this title, and sections 171m and 171n of former Title 5) shall take effect immediately upon the enactment of this Act (July 26, 1947). '(b) Except as provided in subsection (a), the provisions of this Act (sections 171 to 171l, 181-1, 181-2, 411a, 411b, 626 to 626d of former Title 5, section 24 of Title 3, The President, and sections 401 to 405 of this title) shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after the date of the enactment of this Act (July 26, 1947).' SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-477, Sec. 1, Oct. 15, 1984, 98 Stat. 2209, provided: 'That this Act (enacting sections 431 and 432 of this title, amending section 552a of Title 5, Government Organization and Employees, and enacting provisions set out as a note under section 431 of this title) may be cited as the 'Central Intelligence Agency Information Act'.' SHORT TITLE OF 1982 AMENDMENT Pub. L. 97-200, Sec. 1, June 23, 1982, 96 Stat. 122, provided: 'That this Act (enacting subchapter IV of this chapter) may be cited as the 'Intelligence Identities Protection Act of 1982'.' SHORT TITLE OF 1949 AMENDMENT Section 1 of act Aug. 10, 1949, provided that: 'This Act (enacting sections 408 and 412 of this title and sections 171-1, 171t, 172, 172a to 172d, and 172f to 172j of former Title 5, Executive Departments and Government Officers and Employees, amending sections 151, 401, 402, 403d, 405, 410, 459, 481, and 494 of this title, sections 171, 171a, 171b to 171d, 171e to 171j, 171n, 171r, 172e, 411b, and 626c of former Title 5, section 1748b of Title 12, Banks and Banking, section 1517 of Title 15, Commerce and Trade, sections 474, 481 to 484, and 487 of Title 40, Public Buildings, Property, and Works, section 364a of Title 43, Public Lands, sections 1156 and 1157 of Title 49 App., Transportation, and section 1193 of the Appendix to this title, and enacting provisions set out as notes under this section and sections 171 and 171c of former Title 5) may be cited as the 'National Security Act Amendments of 1949'.' SHORT TITLE Section 1 of act July 26, 1947, provided: 'That this Act (enacting sections 401 to 403, 404, 405, and 408 to 412 of this title and sections 171, 171-1, 171-2, 171a, 171b to 171d, 171e to 171j, 171k to 171m, 171n, 172, 172a to 172d, 172f to 172j, 181-1, 181-2, 411a, 411b, 626, 626a to 626c, and 626d of former Title 5, Executive Department and Government Officers and Employees, amending sections 1, 11, and 172e of former Title 5, section 1517 of Title 15, Commerce and Trade, and section 72 of former Title 31, Money and Finance, and enacting provisions set out as notes under this section and section 135 of Title 10, Armed Forces) may be cited as the 'National Security Act of 1947'.' Distribution of repealed sections of National Security Act of 1947, which were classified to former Title 5, are covered by Title 10, Armed Forces, except as noted, as follows: --------------------------------------------------------------------- Section of former Title 5 Present section of Title 10 --------------------------------------------------------------------- 171 131, 133. 171a(a), (b) 133. 171a(c) 125, 136, 141, 3010, 3012, 5011, 5031, 8010, 8012. 171a(d) 133. 171a(e) 132. 171a(f) 133. 171a(g)-(i) (Omitted). 171a(j) 124. 171c 134, 135, 136, 718, 2358. 171c-1, 171c-2 (Repealed). 171d 1580 (Repealed). 171e 171. 171f 141, 142. 171g 143. 171h 2201 (Repealed). 171i 2351 (Repealed). 171j 173. 172 136. 172a 3014, 5061, 8014. 172ba 2203. 172c 2204. 172d 2208. 172e 2209. 172f 126. 172g 2205. 172h 2206. 172i 2701. 181-1 101, 3011, 3012, 3062, T. 50 Sec. 409. 181-2 3012. 411a(a) 101; T. 50 Sec. 409. 411a(b) 5012. 411a(c) 5013, 5402 (Repealed). 626(a) 8012. 626(b) (Repealed). 626(c) 101; T. 50 Sec. 101. 626(d) 8013. 626(e) 8012. 626(f) 8033. 626(g) 8011. 626a 8012. 626b 8013. 626c 743, 8062. ------------------------------- SAVINGS PROVISION Section 12(g) of act Aug. 10, 1949, provided: 'All laws, orders, regulations, and other actions relating to the National Military Establishment, the Departments of the Army, the Navy, or the Air Force, or to any officer or activity of such establishment or such departments, shall, except to the extent inconsistent with the provisions of this Act (see Short Title of 1949 Amendment note set out above), have the same effect as if this Act had not been enacted; but, after the effective date of this Act (Aug. 10, 1949), any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer or department, executive or military, succeeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force.' SEPARABILITY Section 309 of act July 26, 1947, provided: 'If any provision of this Act (see Short Title note above) or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.' (Section 310(a) of act July 26, 1947, set out as an Effective Date note above, provided that section 309 of act July 26, 1947, is effective July 26, 1947.) NATIONAL COMMISSION ON DEFENSE AND NATIONAL SECURITY Pub. L. 101-511, title VIII, Sec. 8104, Nov. 5, 1990, 104 Stat. 1898, provided that: 'SECTION 1. This section establishes the National Commission on Defense and National Security. 'SEC. 2. FINDINGS. 'The Congress makes the following findings: '(1) Recent revolutionary world events require a fundamental reassessment of the defense and national security policies of the United States. '(2) Emerging democracies around the world will require political, technical, and economic assistance, as well as military assistance, from the developed free nations in order to thrive and to become productive members of the world community. '(3) Real and potential military threats to the United States and its allies will continue to exist for the foreseeable future from not just the Soviet Union but also from terrorism and from Third World nations. '(4) Proliferation of both sophisticated conventional weapons and of nuclear weapons could produce a world more dangerous than we have faced in the past. '(5) Ethnic rivalries as well as economic inequalities may produce instabilities that could spark serious conflict. '(6) In order to formulate coherent national policies to meet these challenges of a new world environment, it is essential for the United States to achieve a bipartisan consensus such as that which emerged following World War II. '(7) Such a consensus can be fostered by the development of policy recommendations from a highly respected group of individuals who do not bear a partisan label and who possess critical expertise and experience. 'SEC. 3. ESTABLISHMENT. 'There is established a commission to be known as (the) National Commission on Defense and National Security (hereinafter in this Act referred to as the 'Commission'). 'SEC. 4. DUTIES OF COMMISSION. '(a) In General. - The Commission shall analyze and make recommendations to the President and Congress concerning the national security and national defense policies of the United States. '(b) Matters To Be Analyzed. - Matters to be analyzed by the Commission shall include the following: '(1) The world-wide interests, goals, and objectives of the United States that are vital to the national security of the United States. '(2) The political, economic, and military developments around the world and the implications of those developments for United States national security interests, including - '(A) the developments in Eastern Europe and the Soviet Union; '(B) the question of German unification; '(C) the future of NATO and European economic integration; '(D) the future of the Pacific Basin; and '(E) potential instability resulting from regional conflicts or economic problems in the developing world. '(3) The foreign policy, world-wide commitments, and national defense capabilities of the United States necessary to deter aggression and implement the national security strategy of the United States, including the contribution that can be made by bilateral and multilateral political and economic associations in promoting interests that the United States shares with other members of the world community. '(4) The proposed short-term uses of the political, economic, military, and other elements of national power for the United States to protect or promote the interests and to achieve the goals and objectives referred to in paragraph (1). '(5) Long-term options that should be considered further for a number of potential courses of world events over the remainder of the century and into the next century. 'SEC. 5. MEMBERSHIP. '(a) Number and Appointment. - The Commission shall be composed of 10 members, as follows: '(1) Three appointed by the President. '(2) Three appointed by the Speaker of the House of Representatives. '(3) One appointed by the minority leader of the House of Representatives. '(4) Two appointed by the majority leader of the Senate. '(5) One appointed by the minority leader of the Senate. '(b) Qualifications. - Persons appointed to the Commission shall be persons who are not officers or employees of the Federal Government (including Members of Congress) and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. '(c) Terms. - Members shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. '(d) Basic Pay. - Members of the Commission shall serve without pay. '(e) Quorum. - A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. '(f) Chairman and Vice Chairman. - The Chairman of the Commission shall be designated by the President from among the members appointed by the President. The Vice Chairman of the Commission shall be designated by the Speaker of the House of Representatives from among the members appointed by the Speaker. '(g) Meetings. - The Commission shall meet at the call of the Chairman or a majority of its members. '(h) Deadline for Appointments. - Members of the Commission shall be appointed not later than the end of the 30-day period beginning on the date of the enactment of this Act (Nov. 5, 1990). 'SEC. 6. REPORTS. '(a) Initial Report. - The Commission shall transmit to the President and to Congress an initial report not later than six months after the date on which the Commission is first constituted with a quorum. '(b) Subsequent Annual Reports. - The Commission shall transmit to the President and to Congress an annual report for each of the first five years following the submission of the initial report under subsection (a). Each such report shall update the previous report under this section. '(c) Contents of Reports. - Each report under this section shall contain a detailed statement of the findings and conclusions of the Commission concerning the matters to be studied by the Commission under section 4, together with its recommendations for such legislation and administrative actions as it considers appropriate. Each such report shall include a comprehensive description and discussion of the matters set forth in section 4. '(d) Reports To Be Unclassified. - Each such report shall be submitted in unclassified form. '(e) Additional and Minority Views. - Each report may include such additional and minority views as individual members of the Commission may request be included. 'SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. '(a) Director. - The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Chairman and who shall be paid at a rate not to exceed the maximum rate of basic pay payable for GS-18 of the General Schedule. '(b) Staff. - The Chairman may appoint and fix the pay of such additional personnel as the Chairman considers appropriate. '(c) Applicability of Certain Civil Service Laws. - The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. '(d) Experts and Consultants. - Subject to such rules as may be prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule. '(e) Staff of Federal Agencies. - Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. 'SEC. 8. POWERS OF COMMISSION '(a) Hearings and Sessions. - The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. '(b) Powers of Members and Agents. - Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. '(c) Obtaining Official Data. - The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. '(d) Gifts. - The Commission may accept, use, and dispose of gifts or donations of services or property. '(e) Mails. - The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. '(f) Administrative Support Services. - The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. 'SEC. 9. INITIAL FUNDING OF COMMISSION. 'If funds are not otherwise available for the necessary expenses of the Commission for fiscal year 1991, the Secretary of Defense shall make available to the Commission, from funds available to the Secretary for the fiscal year concerned, such funds as the Commission requires. When funds are specifically appropriated for the expenses of the Commission, the Commission shall reimburse the Secretary from such funds for any funds provided to it under the preceding sentence.' (References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.) INTELLIGENCE PRIORITIES AND REORGANIZATION Pub. L. 101-510, div. A, title IX, Sec. 907, Nov. 5, 1990, 104 Stat. 1622, provided that: '(a) Revision of Priorities and Consolidation of Functions. - The Secretary of Defense, together with the Director of Central Intelligence, shall conduct a joint review of all intelligence and intelligence-related activities in the Tactical Intelligence and Related Activities (TIARA) programs and the National Foreign Intelligence Program (NFIP). The Secretary, together with the Director, shall take the following actions with respect to those activities: '(1) In cases in which redundancy or fragmentation exist, consolidate functions, programs, organizations, and operations to improve the efficiency and effectiveness of the conduct of those intelligence activities or programs. '(2) Revise intelligence collection and analysis priorities and resource allocations to reflect changes in the international security environment. '(3) Strengthen joint intelligence functions, operations, and organizations. '(4) Improve the quality and independence of intelligence support to the weapons acquisition process. '(5) Improve the responsiveness and utility of national intelligence systems and organizations to the needs of the combatant commanders. '(b) Personnel Reductions. - (1) The number of personnel assigned or detailed to the National Foreign Intelligence Program and related Tactical Intelligence and Related Activities programs shall be reduced by not less than 5 percent of the number of such personnel described in paragraph (2) during each of fiscal years 1992 through 1996. '(2) The number of personnel referred to in paragraph (1) is the number of personnel assigned or detailed to such programs on September 30, 1990.' DISCLOSURE OF INFORMATION CONCERNING AMERICAN PERSONNEL LISTED AS PRISONER, MISSING, OR UNACCOUNTED FOR IN SOUTHEAST ASIA Pub. L. 100-453, title IV, Sec. 404, Sept. 29, 1988, 102 Stat. 1908, provided that: '(a) This section is enacted to ensure that current disclosure policy is incorporated into law. '(b) Except as provided in subsection (c), the head of each department or agency - '(1) with respect to which funds are authorized under this Act (see Tables for classification), and '(2) which holds or receives live sighting reports of any United States citizen reported missing in action, prisoner of war, or unaccounted for from the Vietnam Conflict, shall make available to the next-of-kin of that United States citizen all reports, or portions thereof, held by that department or agency which have been correlated or possibly correlated to that citizen. '(c) Subsection (b) does not apply with respect to - '(1) information that would reveal or compromise sources and methods of intelligence collection; or '(2) specific information that previously has been made available to the next-of-kin. '(d) The head of each department or agency covered by subsection (a) shall make information available under this section in a timely manner.' FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE For provisions relating to the exercise of certain authority respecting foreign intelligence electronic surveillance, see Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section 1802 of this title. CHANGE OF TITLES OF SECRETARY OF DEFENSE, ET AL.; REAPPOINTMENT Section 12(f) of act Aug. 10, 1949, provided in part that: 'The titles of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Under Secretaries and the Assistant Secretaries of the Departments of the Army, Navy, and Air Force, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, shall not be changed by virtue of this Act (see Short Title of 1949 Amendment note set out above) and the reappointment of the officials holding such titles on the effective date of this Act (Aug. 10, 1949) shall not be required.' REORGANIZATION PLAN NO. 8 OF 1949 Section 12(i) of act Aug. 10, 1949, provided that: 'Reorganization Plan Numbered 8 of 1949, which was transmitted to the Congress by the President on July 18, 1949 (set out in Appendix to Title 5, Government Organization and Employees) pursuant to the provisions of the Reorganization Act of 1949, shall not take effect, notwithstanding the provisions of section 6 of such Reorganization Act of 1949.' -EXEC- EX. ORD. NO. 10431. NATIONAL SECURITY MEDAL Ex. Ord. No. 10431, Jan. 19, 1953, 18 F.R. 437, provided: 1. There is hereby established a medal to be known as the National Security Medal with accompanying ribbons and appurtenances. The medal and its appurtenances shall be of appropriate design, approved by the Executive Secretary of the National Security Council. 2. The National Security Medal may be awarded to any person, without regard to nationality, including members of the armed forces of the United States, for distinguished achievement or outstanding contribution on or after July 26, 1947, in the field of intelligence relating to the national security. 3. The decoration established by this order shall be awarded by the President of the United States or, under regulations approved by him, by such person or persons as he may designate. 4. No more than one National Security Medal shall be awarded to any one person, but for subsequent services justifying an award, a suitable device may be awarded to be worn with the Medal. 5. Members of the armed forces of the United States who are awarded the decoration established by this order are authorized to wear the medal and the ribbon symbolic of the award, as may be authorized by uniform regulations approved by the Secretary of Defense. 6. The decoration established by this order may be awarded posthumously. REGULATIONS GOVERNING THE AWARD OF THE NATIONAL SECURITY MEDAL Pursuant to Paragraph 2 of Executive Order 10431, the following regulations are hereby issued to govern the award of the National Security Medal: 1. The National Security Medal may be awarded to any person without regard to nationality, including a member of the Armed Forces of the United States, who, on or after 26 July 1947, has made an outstanding contribution to the National intelligence effort. This contribution may consist of either exceptionally meritorious service performed in a position of high responsibility or of an act of valor requiring personal courage of a high degree and complete disregard of personal safety. 2. The National Security Medal with accompanying ribbon and appurtenances, shall be of appropriate design to be approved by the Executive Secretary of the National Security Council. 3. The National Security Medal shall be awarded only by the President or his designee for that purpose. 4. Recommendations may be submitted to the Executive Secretary of the National Security Council by any individual having personal knowledge of the facts of the exceptionally meritorious conduct or act of valor of the candidate in the performance of outstanding services, either as an eyewitness or from the testimony of others who have personal knowledge or were eyewitnesses. Any recommendations shall be accompanied by complete documentation, including where necessary, certificates, affidavits or sworn transcripts of testimony. Each recommendation for an award shall show the exact status, at the time of the rendition of the service on which the recommendation is based, with respect to citizenship, employment, and all other material factors, of the person who is being recommended for the National Security Medal. 5. Each recommendation shall contain a draft of an appropriate citation to accompany the award of the National Security Medal. EXECUTIVE ORDER NO. 10501 Ex. Ord. No. 10501, Nov. 5, 1953, 18 F.R. 7049, as amended by Ex. Ord. No. 10816, May 7, 1959, 24 F.R. 3777; Ex. Ord. No. 10901, Jan. 9, 1961, 26 F.R. 217; Ex. Ord. No. 10964, Sept. 20, 1961, 26 F.R. 8932; Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439; Ex. Ord. No. 11097, Feb. 28, 1963, 28 F.R. 2225; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, which related to safeguarding official information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, formerly set out below. EX. ORD. NO. 10865. SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended by Ex. Ord. No. 10909, Jan. 17, 1961, 26 F.R. 508; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided: WHEREAS it is mandatory that the United States protect itself against hostile or destructive activities by preventing unauthorized disclosures of classified information relating to the national defense; and WHEREAS it is a fundamental principle of our Government to protect the interests of individuals against unreasonable or unwarranted encroachment; and WHEREAS I find that the provisions and procedures prescribed by this order are necessary to assure the preservation of the integrity of classified defense information and to protect the national interest; and WHEREAS I find that those provisions and procedures recognize the interest of individuals affected thereby and provide maximum possible safeguards to protect such interests: NOW, THEREFORE, under and by virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States and as Commander in Chief of the armed forces of the United States, it is hereby ordered as follows: Section 1. (a) The Secretary of State, the Secretary of Defense, the Commissioners of the Atomic Energy Commission, the Administrator of the National Aeronautics and Space Administration, and the Secretary of Transportation, respectively, shall, by regulation, prescribe such specific requirements, restrictions, and other safeguards as they consider necessary to protect (1) releases of classified information to or within United States industry that relate to bidding on, or the negotiation, award, performance, or termination, of, contracts with their respective agencies, and (2) other releases of classified information to or within industry that such agencies have responsibility for safeguarding. So far as possible, regulations prescribed by them under this order shall be uniform and provide for full cooperation among the agencies concerned. (b) Under agreement between the Department of Defense and any other department or agency of the United States, including, but not limited to, those referred to in subsection (c) of this section, regulations prescribed by the Secretary of Defense under subsection (a) of this section may be extended to apply to protect releases (1) of classified information to or within United States industry that relate to bidding on, or the negotiation, award, performance, or termination of, contracts with such other department or agency, and (2) other releases of classified information to or within industry which such other department or agency has responsibility for safeguarding. (c) When used in this order, the term 'head of a department' means the Secretary of State, the Secretary of Defense, the Commissioners of the Atomic Energy Commission, the Administrator of the National Aeronautics and Space Administration, the Secretary of Transportation, the head of any other department or agency of the United States with which the Department of Defense makes an agreement under subsection (b) of this section, and, in sections 4 and 8, includes the Attorney General. The term 'department' means the Department of State, the Department of Defense, the Atomic Energy Commission, the National Aeronautics and Space Administration, the Department of Transportation, any other department or agency of the United States with which the Department of Defense makes an agreement under subsection (b) of this section, and, in subsections 4 and 8, includes the Department of Justice. Sec. 2. An authorization for access to classified information may be granted by the head of a department or his designee, including but not limited to, those officials named in section 8 of this order, to an individual, hereinafter termed an 'applicant', for a specific classification category only upon a finding that it is clearly consistent with the national interest to do so. Sec. 3. Except as provided in section 9 of this order, an authorization for access to a specific classification category may not be finally denied or revoked by the head of a department or his designee, including, but not limited to, those officials named in section 8 of this order, unless the applicant has been given the following: (1) A written statement of the reasons why his access authorization may be denied or revoked, which shall be as comprehensive and detailed as the national security permits. (2) A reasonable opportunity to reply in writing under oath or affirmation to the statement of reasons. (3) After he has filed under oath or affirmation a written reply to the statement of reasons, the form and sufficiency of which may be prescribed by regulations issued by the head of the department concerned, an opportunity to appear personally before the head of the department concerned or his designee including, but not limited to, those officials named in section 8 of this order for the purpose of supporting his eligibility for access authorization and to present evidence on his behalf. (4) A reasonable time to prepare for that appearance. (5) An opportunity to be represented by counsel. (6) An opportunity to cross-examine persons either orally or through written interrogatories in accordance with section 4 on matters not relating to the characterization in the statement of reasons of any organization or individual other than the applicant. (7) A written notice of the final decision in his case which, if adverse, shall specify whether the head of the department or his designee, including, but not limited to, those officials named in section 8 of this order, found for or against him with respect to each allegation in the statement of reasons. Sec. 4. (a) An applicant shall be afforded an opportunity to cross-examine persons who have made oral or written statements adverse to the applicant relating to a controverted issue except that any such statement may be received and considered without affording such opportunity in the circumstances described in either of the following paragraphs: (1) The head of the department supplying the statement certifies that the person who furnished the information is a confidential informant who has been engaged in obtaining intelligence information for the Government and that disclosure of his identity would be substantially harmful to the national interest. (2) The head of the department concerned or his special desginee for that particular purpose has preliminarily determined, after considering information furnished by the investigative agency involved as to the reliability of the person and the accuracy of the statement concerned, that the statement concerned appears to be reliable and material, and the head of the department or such special designee has determined that failure to receive and consider such statement would, in view of the level of access sought, be substantially harmful to the national security and that the person who furnished the information cannot appear to testify (A) due to death, severe illness, or similar cause, in which case the identity of the person and the information to be considered shall be made available to the applicant, or (B) due to some other cause determined by the head of the department to be good and sufficient. (b) Whenever procedures under paragraphs (1) or (2) of subsection (a) of this section are used (1) the applicant shall be given a summary of the information which shall be as comprehensive and detailed as the national security permits, (2) appropriate consideration shall be accorded to the fact that the applicant did not have an opportunity to cross-examine such person or persons, and (3) a final determination adverse to the applicant shall be made only by the head of the department based upon his personal review of the case. Sec. 5. (a) Records compiled in the regular course of business, or other physical evidence other than investigative reports, may be received and considered subject to rebuttal without authenticating witnesses, provided that such information has been furnished to the department concerned by an investigative agency pursuant to its responsibilities in connection with assisting the head of the department concerned to safeguard classified information within industry pursuant to this order. (b) Records compiled in the regular course of business, or other physical evidence other than investigative reports, relating to a controverted issue which, because they are classified, may not be inspected by the applicant, may be received and considered provided that: (1) the head of the department concerned or his special designee for that purpose has made a preliminary determination that such physical evidence appears to be material, (2) the head of the department concerned or such designee has made a determination that failure to receive and consider such physical evidence would, in view of the level of access sought, be substantially harmful to the national security, and (3) to the extent that the national security permits, a summary or description of such physical evidence is made available to the applicant. In every such case, information as to the authenticity and accuracy of such physical evidence furnished by the investigative agency involved shall be considered. In such instances a final determination adverse to the applicant shall be made only by the head of the department based upon his personal review of the case. Sec. 6. The Secretary of State, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Transportation, Federal Aviation Agency (now Federal Aviation Administration), or his representative, or the head of any other department or agency of the United States with which the Department of Defense makes an agreement under section 1(b), or his representative, may issue, in appropriate cases, invitations and requests to appear and testify in order that the applicant may have the opportunity to cross-examine as provided by this order. Whenever a witness is so invited or requested to appear and testify at a proceeding and the witness is an officer or employee of the executive branch of the Government or a member of the armed forces of the United States, and the proceeding involves the activity in connection with which the witness is employed, travel expenses and per diem are authorized as provided by the Standardized Government Travel Regulations or the Joint Travel Regulations, as appropriate. In all other cases (including non-Government employees as well as officers or employees of the executive branch of the Government or members of the armed forces of the United States not covered by the foregoing sentence), transportation in kind and reimbursement for actual expenses are authorized in an amount not to exceed the amount payable under Standardized Government Travel Regulations. An officer or employee of the executive branch of the Government or a member of the armed forces of the United States who is invited or requested to appear pursuant to this paragraph shall be deemed to be in the performance of his official duties. So far as the national security permits, the head of the investigative agency involved shall cooperate with the Secretary, the Administrator, or the head of the other department or agency, as the case may be, in identifying persons who have made statements adverse to the applicant and in assisting him in making them available for cross-examination. If a person so invited is an officer or employee of the executive branch of the government or a member of the armed forces of the United States, the head of the department or agency concerned shall cooperate in making that person available for cross-examination. Sec. 7. Any determination under this order adverse to an applicant shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned. Sec. 8. Except as otherwise specified in the preceding provisions of this order, any authority vested in the head of a department by this order may be delegated to the (1) Under Secretary of State or a Deputy Under Secretary of State, in the case of authority vested in the Secretary of State; (2) Deputy Secretary of Defense or an Assistant Secretary of Defense, in the case of authority vested in the Secretary of Defense; (3) General Manager of the Atomic Energy Commission, in the case of authority vested in the Commissioners of the Atomic Energy Commission; (4) Deputy Administrator of the National Aeronautics and Space Administration, in the case of authority vested in the Administrator of the National Aeronautics and Space Administration; (5) Under Secretary of Transportation, in the case of authority vested in the Secretary of Transportation; (6) Deputy Attorney General or an Assistant Attorney General, in the case of authority vested in the Attorney General; or (7) the deputy of that department, or the principal assistant to the head of that department, as the case may be, in the case of authority vested in the head of a department or agency of the United States with which the Department of Defense makes an agreement under section 1(b). Sec. 9. Nothing contained in this order shall be deemed to limit or affect the responsibility and powers of the head of a department to deny or revoke access to a specific classification category if the security of the nation so requires. Such authority may not be delegated and may be exercised only when the head of a department determines that the procedures prescribed in sections 3, 4, and 5 cannot be invoked consistently with the national security and such determination shall be conclusive. MODIFICATION OF EXECUTIVE ORDER NO. 10865 Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended, set out above, when referring to functions of the Atomic Energy Commission is modified to provide that all such functions shall be exercised by the Secretary of Energy and the Nuclear Regulatory Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out under section 7151 of Title 42, The Public Health and Welfare. EXECUTIVE ORDER NO. 10985 Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439, which amended Executive Order No. 10501, which related to safeguarding official information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, formerly set out below. EXECUTIVE ORDER NO. 11097 Ex. Ord. No. 11097, Feb. 28, 1963, 28 F.R. 2225, which amended Executive Order No. 10501, which related to safeguarding official information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, formerly set out below. EXECUTIVE ORDER NO. 11652 Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, as amended by Ex. Ord. No. 11714, Apr. 24, 1973, 38 F.R. 10245; Ex. Ord. No. 11862, June 11, 1975, 40 F.R. 25197; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which related to the classification and declassification of national security information and material, was revoked by Ex. Ord. No. 12065, June 28, 1978, 43 F.R. 28949, formerly set out below. EXECUTIVE ORDER NO. 11905 Ex. Ord. No. 11905, Feb. 18, 1976, 41 F.R. 7703, as amended by Ex. Ord. No. 11985, May 13, 1977, 42 F.R. 25487; Ex. Ord. No. 11994, June 1, 1977, 42 F.R. 28869, which related to United States foreign intelligence activities, was superseded by Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, formerly set out below. EX. ORD. NO. 11932. CLASSIFICATION OF CERTAIN INFORMATION AND MATERIAL OBTAINED FROM ADVISORY BODIES CREATED TO IMPLEMENT THE INTERNATIONAL ENERGY PROGRAM Ex. Ord. No. 11932, Aug. 4, 1976, 41 F.R. 32691, provided: The United States has entered into the Agreement on an International Energy Program of November 18, 1974, which created the International Energy Agency. This program is a substantial factor in the conduct of our foreign relations and an important element of our national security. The effectiveness of the Agreement depends significantly upon the provision and exchange of information and material by participants in advisory bodies created by the International Energy Agency. Confidentiality is essential to assure the free and open discussion necessary to accomplish the tasks assigned to those bodies. I have consulted with the Secretary of State, the Attorney General and the Administrator of the Federal Energy Administration concerning the handling and safeguarding of information and material in the possession of the United States which has been obtained pursuant to the program, and I find that some of such information and material requires protection as provided in Executive Order No. 11652 of March 8, 1972, as amended (formerly set out above). NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, it is hereby ordered as follows: Section 1. Information and material obtained pursuant to the International Energy Program and which requires protection against unauthorized disclosure in the interest of the national defense or foreign relations of the United States shall be classified pursuant to Executive Order No. 11652 of March 8, 1972, as amended (formerly set out above). The Secretary of State shall have the responsibility for the classification, declassification and safeguarding of information and material in the possession of the United States Government which has been obtained pursuant to: (a) Section 252(c)(3), (d)(2), or (e)(3) of the Energy Policy and Conservation Act (89 Stat. 871; 42 U.S.C. 6272(c)(3), (d)(2), (e)(3)), or (b) The Voluntary Agreement and Program relating to the International Energy Program (40 F.R. 16041, April 8, 1975), or (c) Any similar Voluntary Agreement and Program entered into under the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) after the date of this Order. Sec. 2. Information or material classified pursuant to Section 1 of this Order may be exempted from the General Declassification Schedule established by Section 5 of Executive Order No. 11652 (formerly set out above) if it was obtained by the United States on the understanding that it be kept in confidence, or if it might otherwise be exempted under Section 5(B) of such Order. Sec. 3. (a) Within 60 days of the date of this Order, the Secretary of State shall promulgate regulations which implement his responsibilities under this Order. (b) The directives issued under Section 6 of Executive Order No. 11652 (formerly set out above) shall not apply to information and material classified under this Order. However, the regulations promulgated by the Secretary of State shall: (1) conform, to the extent practicable, to the policies set forth in Section 6 of Executive Order No. 11652 (formerly set out above), and (2) provide that he may take such measures as he deems necessary and appropriate to ensure the confidentiality of any information and material classified under this Order that may remain in the custody or control of any person outside the United States Government. Gerald R. Ford. EXECUTIVE ORDER NO. 12036 Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, as amended by Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, which related to United States foreign intelligence activities, was revoked by Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, set out below. EXECUTIVE ORDER NO. 12065 Ex. Ord. No. 12065, June 28, 1978, 43 F.R. 28949, as amended by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, which related to classification and declassification of national security information and material, was revoked by Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, set out as a note below. EX. ORD. NO. 12333. UNITED STATES INTELLIGENCE ACTIVITIES Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, provided: TABLE OF CONTENTS --------------------------------------------------------------------- --------------------------------------------------------------------- Preamble Part 1. Goals, Direction, Duties, and Responsibilities With Respect to the National Intelligence Effort Sec. 1.1 Goals 1.2 The National Security Council 1.3 National Foreign Intelligence Advisory Groups 1.4 The Intelligence Community 1.5 Director of Central Intelligence 1.6 Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies 1.7 Senior Officials of the Intelligence Community 1.8 The Central Intelligence Agency 1.9 The Department of State 1.10 The Department of the Treasury 1.11 The Department of Defense 1.12 Intelligence Components Utilized by the Secretary of Defense 1.13 The Department of Energy 1.14 The Federal Bureau of Investigation Part 2. Conduct of Intelligence Activities 2.1 Need 2.2 Purpose 2.3 Collection of Information 2.4 Collection Techniques 2.5 Attorney General Approval 2.6 Assistance to Law Enforcement Authorities 2.7 Contracting 2.8 Consistency With Other Laws 2.9 Undisclosed Participation in Organizations Within the United States 2.10 Human Experimentation 2.11 Prohibition on Assassination 2.12 Indirect Participation Part 3. General Provisions 3.1 Congressional Oversight 3.2 Implementation 3.3 Procedures 3.4 Definitions 3.5 Purpose and Effect 3.6 Revocation ------------------------------- Timely and accurate information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence available. For that purpose, by virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the National Security Act of 1947, as amended (see Short Title note above), and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows: PART 1 - GOALS, DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL INTELLIGENCE EFFORT 1.1 GOALS The United States intelligence effort shall provide the President and the National Security Council with the necessary information on which to base decisions concerning the conduct and development of foreign, defense and economic policy, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal. (a) Maximum emphasis should be given to fostering analytical competition among appropriate elements of the Intelligence Community. (b) All means, consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, shall be used to develop intelligence information for the President and the National Security Council. A balanced approach between technical collection efforts and other means should be maintained and encouraged. (c) Special emphasis should be given to detecting and countering espionage and other threats and activities directed by foreign intelligence services against the United States Government, or United States corporations, establishments, or persons. (d) To the greatest extent possible consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, all agencies and departments should seek to ensure full and free exchange of information in order to derive maximum benefit from the United States intelligence effort. 1.2 THE NATIONAL SECURITY COUNCIL (a) Purpose. The National Security Council (NSC) was established by the National Security Act of 1947 (see Short Title note above) to advise the President with respect to the integration of domestic, foreign and military policies relating to the national security. The NSC shall act as the highest Executive Branch entity that provides review of, guidance for and direction to the conduct of all national foreign intelligence, counterintelligence, and special activities, and attendant policies and programs. (b) Committees. The NSC shall establish such committees as may be necessary to carry out its functions and responsibilities under this Order. The NSC, or a committee established by it, shall consider and submit to the President a policy recommendation, including all dissents, on each special activity and shall review proposals for other sensitive intelligence operations. 1.3 NATIONAL FOREIGN INTELLIGENCE ADVISORY GROUPS (a) Establishment and Duties. The Director of Central Intelligence shall establish such boards, councils, or groups as required for the purpose of obtaining advice from within the Intelligence Community concerning: (1) Production, review and coordination of national foreign intelligence; (2) Priorities for the National Foreign Intelligence Program budget; (3) Interagency exchanges of foreign intelligence information; (4) Arrangements with foreign governments on intelligence matters; (5) Protection of intelligence sources and methods; (6) Activities of common concern; and (7) Such other matters as may be referred by the Director of Central Intelligence. (b) Membership. Advisory groups established pursuant to this section shall be chaired by the Director of Central Intelligence or his designated representative and shall consist of senior representatives from organizations within the Intelligence Community and from departments or agencies containing such organizations, as designated by the Director of Central Intelligence. Groups for consideration of substantive intelligence matters will include representatives of organizations involved in the collection, processing and analysis of intelligence. A senior representative of the Secretary of Commerce, the Attorney General, the Assistant to the President for National Security Affairs, and the Office of the Secretary of Defense shall be invited to participate in any group which deals with other than substantive intelligence matters. 1.4 THE INTELLIGENCE COMMUNITY The agencies within the Intelligence Community shall, in accordance with applicable United States law and with the other provisions of this Order, conduct intelligence activities necessary for the conduct of foreign relations and the protection of the national security of the United States, including: (a) Collection of information needed by the President, the National Security Council, the Secretaries of State and Defense, and other Executive Branch officials for the performance of their duties and responsibilities; (b) Production and dissemination of intelligence; (c) Collection of information concerning, and the conduct of activities to protect against, intelligence activities directed against the United States, international terrorist and international narcotics activities, and other hostile activities directed against the United States by foreign powers, organizations, persons, and their agents; (d) Special activities; (e) Administrative and support activities within the United States and abroad necessary for the performance of authorized activities; and (f) Such other intelligence activities as the President may direct from time to time. 1.5 DIRECTOR OF CENTRAL INTELLIGENCE In order to discharge the duties and responsibilities prescribed by law, the Director of Central Intelligence shall be responsible directly to the President and the NSC and shall: (a) Act as the primary adviser to the President and the NSC on national foreign intelligence and provide the President and other officials in the Executive Branch with national foreign intelligence; (b) Develop such objectives and guidance for the Intelligence Community as will enhance capabilities for responding to expected future needs for national foreign intelligence; (c) Promote the development and maintenance of services of common concern by designated intelligence organizations on behalf of the Intelligence Community; (d) Ensure implementation of special activities; (e) Formulate policies concerning foreign intelligence and counterintelligence arrangements with foreign governments, coordinate foreign intelligence and counterintelligence relationships between agencies of the Intelligence Community and the intelligence or internal security services of foreign governments, and establish procedures governing the conduct of liaison by any department or agency with such services on narcotics activities; (f) Participate in the development of procedures approved by the Attorney General governing criminal narcotics intelligence activities abroad to ensure that these activities are consistent with foreign intelligence programs; (g) Ensure the establishment by the Intelligence Community of common security and access standards for managing and handling foreign intelligence systems, information, and products; (h) Ensure that programs are developed which protect intelligence sources, methods, and analytical procedures; (i) Establish uniform criteria for the determination of relative priorities for the transmission of critical national foreign intelligence, and advise the Secretary of Defense concerning the communications requirements of the Intelligence Community for the transmission of such intelligence; (j) Establish appropriate staffs, committees, or other advisory groups to assist in the execution of the Director's responsibilities; (k) Have full responsibility for production and dissemination of national foreign intelligence, and authority to levy analytic tasks on departmental intelligence production organizations, in consultation with those organizations, ensuring that appropriate mechanisms for competitive analysis are developed so that diverse points of view are considered fully and differences of judgment within the Intelligence Community are brought to the attention of national policymakers; (l) Ensure the timely exploitation and dissemination of data gathered by national foreign intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government entities and military commands; (m) Establish mechanisms which translate national foreign intelligence objectives and priorities approved by the NSC into specific guidance for the Intelligence Community, resolve conflicts in tasking priority, provide to departments and agencies having information collection capabilities that are not part of the National Foreign Intelligence Program advisory tasking concerning collection of national foreign intelligence, and provide for the development of plans and arrangements for transfer of required collection tasking authority to the Secretary of Defense when directed by the President; (n) Develop, with the advice of the program managers and departments and agencies concerned, the consolidated National Foreign Intelligence Program budget, and present it to the President and the Congress; (o) Review and approve all requests for reprogramming National Foreign Intelligence Program funds, in accordance with guidelines established by the Office of Management and Budget; (p) Monitor National Foreign Intelligence Program implementation, and, as necessary, conduct program and performance audits and evaluations; (q) Together with the Secretary of Defense, ensure that there is no unnecessary overlap between national foreign intelligence programs and Department of Defense intelligence programs consistent with the requirement to develop competitive analysis, and provide to and obtain from the Secretary of Defense all information necessary for this purpose; (r) In accordance with law and relevant procedures approved by the Attorney General under this Order, give the heads of the departments and agencies access to all intelligence, developed by the CIA or the staff elements of the Director of Central Intelligence, relevant to the national intelligence needs of the departments and agencies; and (s) Facilitate the use of national foreign intelligence products by Congress in a secure manner. 1.6 DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE BRANCH DEPARTMENTS AND AGENCIES (a) The heads of all Executive Branch departments and agencies shall, in accordance with law and relevant procedures approved by the Attorney General under this Order, give the Director of Central Intelligence access to all information relevant to the national intelligence needs of the United States, and shall give due consideration to the requests from the Director of Central Intelligence for appropriate support for Intelligence Community activities. (b) The heads of departments and agencies involved in the National Foreign Intelligence Program shall ensure timely development and submission to the Director of Central Intelligence by the program managers and heads of component activities of proposed national programs and budgets in the format designated by the Director of Central Intelligence, and shall also ensure that the Director of Central Intelligence is provided, in a timely and responsive manner, all information necessary to perform the Director's program and budget responsibilities. (c) The heads of departments and agencies involved in the National Foreign Intelligence Program may appeal to the President decisions by the Director of Central Intelligence on budget or reprogramming matters of the National Foreign Intelligence Program. 1.7 SENIOR OFFICIALS OF THE INTELLIGENCE COMMUNITY The heads of departments and agencies with organizations in the Intelligence Community or the heads of such organizations, as appropriate, shall: (a) Report to the Attorney General possible violations of federal criminal laws by employees and of specified federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department or agency concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures; (b) In any case involving serious or continuing breaches of security, recommend to the Attorney General that the case be referred to the FBI for further investigation; (c) Furnish the Director of Central Intelligence and the NSC, in accordance with applicable law and procedures approved by the Attorney General under this Order, the information required for the performance of their respective duties; (d) Report to the Intelligence Oversight Board, and keep the Director of Central Intelligence appropriately informed, concerning any intelligence activities of their organizations that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive; (e) Protect intelligence and intelligence sources and methods from unauthorized disclosure consistent with guidance from the Director of Central Intelligence; (f) Disseminate intelligence to cooperating foreign governments under arrangements established or agreed to by the Director of Central Intelligence; (g) Participate in the development of procedures approved by the Attorney General governing production and dissemination of intelligence resulting from criminal narcotics intelligence activities abroad if their departments, agencies, or organizations have intelligence responsibilities for foreign or domestic narcotics production and trafficking; (h) Instruct their employees to cooperate fully with the Intelligence Oversight Board; and (i) Ensure that the Inspectors General and General Counsels for their organizations have access to any information necessary to perform their duties assigned by this Order. 1.8 THE CENTRAL INTELLIGENCE AGENCY All duties and responsibilities of the CIA shall be related to the intelligence functions set out below. As authorized by this Order; the National Security Act of 1947, as amended (see Short Title note above); the CIA Act of 1949, as amended (see Short Title of 1949 Amendment note above); appropriate directives or other applicable law, the CIA shall: (a) Collect, produce and disseminate foreign intelligence and counterintelligence, including information not otherwise obtainable. The collection of foreign intelligence or counterintelligence within the United States shall be coordinated with the FBI as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (b) Collect, produce and disseminate intelligence on foreign aspects of narcotics production and trafficking; (c) Conduct counterintelligence activities outside the United States and, without assuming or performing any internal security functions, conduct counterintelligence activities within the United States in coordination with the FBI as required by procedures agreed upon (by) the Director of Central Intelligence and the Attorney General; (d) Coordinate counterintelligence activities and the collection of information not otherwise obtainable when conducted outside the United States by other departments and agencies; (e) Conduct special activities approved by the President. No agency except the CIA (or the Armed Forces of the United States in time of war declared by Congress or during any period covered by a report from the President to the Congress under the War Powers Resolution (87 Stat. 855) (50 U.S.C. 1541 et seq.)) may conduct any special activity unless the President determines that another agency is more likely to achieve a particular objective; (f) Conduct services of common concern for the Intelligence Community as directed by the NSC; (g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized functions; (h) Protect the security of its installations, activities, information, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the CIA as are necessary; and (i) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) and (sic) through (h) above, including procurement and essential cover and proprietary arrangements. 1.9 THE DEPARTMENT OF STATE The Secretary of State shall: (a) Overtly collect information relevant to United States foreign policy concerns; (b) Produce and disseminate foreign intelligence relating to United States foreign policy as required for the execution of the Secretary's responsibilities; (c) Disseminate, as appropriate, reports received from United States diplomatic and consular posts; (d) Transmit reporting requirements of the Intelligence Community to the Chiefs of United States Missions abroad; and (e) Support Chiefs of Missions in discharging their statutory responsibilities for direction and coordination of mission activities. 1.10 THE DEPARTMENT OF THE TREASURY The Secretary of the Treasury shall: (a) Overtly collect foreign financial and monetary information; (b) Participate with the Department of State in the overt collection of general foreign economic information; (c) Produce and disseminate foreign intelligence relating to United States economic policy as required for the execution of the Secretary's responsibilities; and (d) Conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President of the United States, the Executive Office of the President, and, as authorized by the Secretary of the Treasury or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against such surveillance, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of the Treasury and the Attorney General. 1.11 THE DEPARTMENT OF DEFENSE The Secretary of Defense shall: (a) Collect national foreign intelligence and be responsive to collection tasking by the Director of Central Intelligence; (b) Collect, produce and disseminate military and military-related foreign intelligence and counterintelligence as required for execution of the Secretary's responsibilities; (c) Conduct programs and missions necessary to fulfill national, departmental and tactical foreign intelligence requirements; (d) Conduct counterintelligence activities in support of Department of Defense components outside the United States in coordination with the CIA, and within the United States in coordination with the FBI pursuant to procedures agreed upon by the Secretary of Defense and the Attorney General; (e) Conduct, as the executive agent of the United States Government, signals intelligence and communications security activities, except as otherwise directed by the NSC; (f) Provide for the timely transmission of critical intelligence, as defined by the Director of Central Intelligence, within the United States Government; (g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized intelligence functions; (h) Protect the security of Department of Defense installations, activities, property, information, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Department of Defense as are necessary; (i) Establish and maintain military intelligence relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations, and ensure that such relationships and programs are in accordance with policies formulated by the Director of Central Intelligence; (j) Direct, operate, control and provide fiscal management for the National Security Agency and for defense and military intelligence and national reconnaissance entities; and (k) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) through (j) above. 1.12 INTELLIGENCE COMPONENTS UTILIZED BY THE SECRETARY OF DEFENSE In carrying out the responsibilities assigned in section 1.11, the Secretary of Defense is authorized to utilize the following: (a) Defense Intelligence Agency, whose responsibilities shall include: (1) Collection, production, or, through tasking and coordination, provision of military and military-related intelligence for the Secretary of Defense, the Joint Chiefs of Staff, other Defense components, and, as appropriate, non-Defense agencies; (2) Collection and provision of military intelligence for national foreign intelligence and counterintelligence products; (3) Coordination of all Department of Defense intelligence collection requirements; (4) Management of the Defense Attache system; and (5) Provision of foreign intelligence and counterintelligence staff support as directed by the Joint Chiefs of Staff. (b) National Security Agency, whose responsibilities shall include: (1) Establishment and operation of an effective unified organization for signals intelligence activities, except for the delegation of operational control over certain operations that are conducted through other elements of the Intelligence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense; (2) Control of signals intelligence collection and processing activities, including assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders; (3) Collection of signals intelligence information for national foreign intelligence purposes in accordance with guidance from the Director of Central Intelligence; (4) Processing of signals intelligence data for national foreign intelligence purposes in accordance with guidance from the Director of Central Intelligence; (5) Dissemination of signals intelligence information for national foreign intelligence purposes to authorized elements of the Government, including the military services, in accordance with guidance from the Director of Central Intelligence; (6) Collection, processing and dissemination of signals intelligence information for counterintelligence purposes; (7) Provision of signals intelligence support for the conduct of military operations in accordance with tasking, priorities, and standards of timeliness assigned by the Secretary of Defense. If provision of such support requires use of national collection systems, these systems will be tasked within existing guidance from the Director of Central Intelligence; (8) Executing the responsibilities of the Secretary of Defense as executive agent for the communications security of the United States Government; (9) Conduct of research and development to meet the needs of the United States for signals intelligence and communications security; (10) Protection of the security of its installations, activities, property, information, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the NSA as are necessary; (11) Prescribing, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling and distribution of signals intelligence and communications security material within and among the elements under control of the Director of the NSA, and exercising the necessary supervisory control to ensure compliance with the regulations; (12) Conduct of foreign cryptologic liaison relationships, with liaison for intelligence purposes conducted in accordance with policies formulated by the Director of Central Intelligence; and (13) Conduct of such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (1) through (12) above, including procurement. (c) Offices for the collection of specialized intelligence through reconnaissance programs, whose responsibilities shall include: (1) Carrying out consolidated reconnaissance programs for specialized intelligence; (2) Responding to tasking in accordance with procedures established by the Director of Central Intelligence; and (3) Delegating authority to the various departments and agencies for research, development, procurement, and operation of designated means of collection. (d) The foreign intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps, whose responsibilities shall include: (1) Collection, production and dissemination of military and military-related foreign intelligence and counterintelligence, and information on the foreign aspects of narcotics production and trafficking. When collection is conducted in response to national foreign intelligence requirements, it will be conducted in accordance with guidance from the Director of Central Intelligence. Collection of national foreign intelligence, not otherwise obtainable, outside the United States shall be coordinated with the CIA, and such collection within the United States shall be coordinated with the FBI; (2) Conduct of counterintelligence activities outside the United States in coordination with the CIA, and within the United States in coordination with the FBI; and (3) Monitoring of the development, procurement and management of tactical intelligence systems and equipment and conducting related research, development, and test and evaluation activities. (e) Other offices within the Department of Defense appropriate for conduct of the intelligence missions and responsibilities assigned to the Secretary of Defense. If such other offices are used for intelligence purposes, the provisions of Part 2 of this Order shall apply to those offices when used for those purposes. 1.13 THE DEPARTMENT OF ENERGY The Secretary of Energy shall: (a) Participate with the Department of State in overtly collecting information with respect to foreign energy matters; (b) Produce and disseminate foreign intelligence necessary for the Secretary's responsibilities; (c) Participate in formulating intelligence collection and analysis requirements where the special expert capability of the Department can contribute; and (d) Provide expert technical, analytical and research capability to other agencies within the Intelligence Community. 1.14 THE FEDERAL BUREAU OF INVESTIGATION Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the FBI shall: (a) Within the United States conduct counterintelligence and coordinate counterintelligence activities of other agencies within the Intelligence Community. When a counterintelligence activity of the FBI involves military or civilian personnel of the Department of Defense, the FBI shall coordinate with the Department of Defense; (b) Conduct counterintelligence activities outside the United States in coordination with the CIA as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (c) Conduct within the United States, when requested by officials of the Intelligence Community designated by the President, activities undertaken to collect foreign intelligence or support foreign intelligence collection requirements of other agencies within the Intelligence Community, or, when requested by the Director of the National Security Agency, to support the communications security activities of the United States Government; (d) Produce and disseminate foreign intelligence and counterintelligence; and (e) Carry out or contract for research, development and procurement of technical systems and devices relating to the functions authorized above. PART 2 - CONDUCT OF INTELLIGENCE ACTIVITIES 2.1 NEED Accurate and timely information about the capabilities, intentions and activities of foreign powers, organizations, or persons and their agents is essential to informed decisionmaking in the areas of national defense and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded. 2.2 PURPOSE This Order is intended to enhance human and technical collection techniques, especially those undertaken abroad, and the acquisition of significant foreign intelligence, as well as the detection and countering of international terrorist activities and espionage conducted by foreign powers. Set forth below are certain general principles that, in addition to and consistent with applicable laws, are intended to achieve the proper balance between the acquisition of essential information and protection of individual interests. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency. 2.3 COLLECTION OF INFORMATION Agencies within the Intelligence Community are authorized to collect, retain or disseminate information concerning United States persons only in accordance with procedures established by the head of the agency concerned and approved by the Attorney General, consistent with the authorities provided by Part 1 of this Order. Those procedures shall permit collection, retention and dissemination of the following types of information: (a) Information that is publicly available or collected with the consent of the person concerned; (b) Information constituting foreign intelligence or counterintelligence, including such information concerning corporations or other commercial organizations. Collection within the United States of foreign intelligence not otherwise obtainable shall be undertaken by the FBI or, when significant foreign intelligence is sought, by other authorized agencies of the Intelligence Community, provided that no foreign intelligence collection by such agencies may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons; (c) Information obtained in the course of a lawful foreign intelligence, counterintelligence, international narcotics or international terrorism investigation; (d) Information needed to protect the safety of any persons or organizations, including those who are targets, victims or hostages of international terrorist organizations; (e) Information needed to protect foreign intelligence or counterintelligence sources or methods from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other agencies of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence agency contractors or their present or former employees, or applicants for any such employment or contracting; (f) Information concerning persons who are reasonably believed to be potential sources or contacts for the purpose of determining their suitability or credibility; (g) Information arising out of a lawful personnel, physical or communications security investigation; (h) Information acquired by overhead reconnaissance not directed at specific United States persons; (i) Incidentally obtained information that may indicate involvement in activities that may violate federal, state, local or foreign laws; and (j) Information necessary for administrative purposes. In addition, agencies within the Intelligence Community may disseminate information, other than information derived from signals intelligence, to each appropriate agency within the Intelligence Community for purposes of allowing the recipient agency to determine whether the information is relevant to its responsibilities and can be retained by it. 2.4 COLLECTION TECHNIQUES Agencies within the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad. Agencies are not authorized to use such techniques as electronic surveillance, unconsented physical search, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not authorize: (a) The CIA to engage in electronic surveillance within the United States except for the purpose of training, testing, or conducting countermeasures to hostile electronic surveillance; (b) Unconsented physical searches in the United States by agencies other than the FBI, except for: (1) Searches by counterintelligence elements of the military services directed against military personnel within the United States or abroad for intelligence purposes, when authorized by a military commander empowered to approve physical searches for law enforcement purposes, based upon a finding of probable cause to believe that such persons are acting as agents of foreign powers; and (2) Searches by CIA of personal property of non-United States persons lawfully in its possession. (c) Physical surveillance of a United States person in the United States by agencies other than the FBI, except for: (1) Physical surveillance of present or former employees, present or former intelligence agency contractors or their present or former employees, or applicants for any such employment or contracting; and (2) Physical surveillance of a military person employed by a nonintelligence element of a military service. (d) Physical surveillance of a United States person abroad to collect foreign intelligence, except to obtain significant information that cannot reasonably be acquired by other means. 2.5 ATTORNEY GENERAL APPROVAL The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. Electronic surveillance, as defined in the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), shall be conducted in accordance with that Act, as well as this Order. 2.6 ASSISTANCE TO LAW ENFORCEMENT AUTHORITIES Agencies within the Intelligence Community are authorized to: (a) Cooperate with appropriate law enforcement agencies for the purpose of protecting the employees, information, property and facilities of any agency within the Intelligence Community; (b) Unless otherwise precluded by law or this Order, participate in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers, or international terrorist or narcotics activities; (c) Provide specialized equipment, technical knowledge, or assistance of expert personnel for use by any department or agency, or, when lives are endangered, to support local law enforcement agencies. Provision of assistance by expert personnel shall be approved in each case by the General Counsel of the providing agency; and (d) Render any other assistance and cooperation to law enforcement authorities not precluded by applicable law. 2.7 CONTRACTING Agencies within the Intelligence Community are authorized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions in the United States and need not reveal the sponsorship of such contracts or arrangements for authorized intelligence purposes. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution. 2.8 CONSISTENCY WITH OTHER LAWS Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or statutes of the United States. 2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED STATES No one acting on behalf of agencies within the Intelligence Community may join or otherwise participate in any organization in the United States on behalf of any agency within the Intelligence Community without disclosing his intelligence affiliation to appropriate officials of the organization, except in accordance with procedures established by the head of the agency concerned and approved by the Attorney General. Such participation shall be authorized only if it is essential to achieving lawful purposes as determined by the agency head or designee. No such participation may be undertaken for the purpose of influencing the activity of the organization or its members except in cases where: (a) The participation is undertaken on behalf of the FBI in the course of a lawful investigation; or (b) The organization concerned is composed primarily of individuals who are not United States persons and is reasonably believed to be acting on behalf of a foreign power. 2.10 HUMAN EXPERIMENTATION No agency within the Intelligence Community shall sponsor, contract for or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services. The subject's informed consent shall be documented as required by those guidelines. 2.11 PROHIBITION ON ASSASSINATION No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination. 2.12 INDIRECT PARTICIPATION No agency of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order. PART 3 - GENERAL PROVISIONS 3.1 CONGRESSIONAL OVERSIGHT The duties and responsibilities of the Director of Central Intelligence and the heads of other departments, agencies, and entities engaged in intelligence activities to cooperate with the Congress in the conduct of its responsibilities for oversight of intelligence activities shall be as provided in title 50, United States Code, section 413. The requirements of section 662 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2422), and section 501 of the National Security Act of 1947, as amended (50 U.S.C. 413), shall apply to all special activities as defined in this Order. 3.2 IMPLEMENTATION The NSC, the Secretary of Defense, the Attorney General, and the Director of Central Intelligence shall issue such appropriate directives and procedures as are necessary to implement this Order. Heads of agencies within the Intelligence Community shall issue appropriate supplementary directives and procedures consistent with this Order. The Attorney General shall provide a statement of reasons for not approving any procedures established by the head of an agency in the Intelligence Community other than the FBI. The National Security Council may establish procedures in instances where the agency head and the Attorney General are unable to reach agreement on other than constitutional or other legal grounds. 3.3 PROCEDURES Until the procedures required by this Order have been established, the activities herein authorized which require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order No. 12036 (formerly set out above). Procedures required by this Order shall be established as expeditiously as possible. All procedures promulgated pursuant to this Order shall be made available to the congressional intelligence committees. 3.4 DEFINITIONS For the purposes of this Order, the following terms shall have these meanings: (a) Counterintelligence means information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons, or international terrorist activities, but not including personnel, physical, document or communications security programs. (b) Electronic surveillance means acquisition of a nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visably present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter. (c) Employee means a person employed by, assigned to or acting for an agency within the Intelligence Community. (d) Foreign intelligence means information relating to the capabilities, intentions and activities of foreign powers, organizations or persons, but not including counterintelligence except for information on international terrorist activities. (e) Intelligence activities means all activities that agencies within the Intelligence Community are authorized to conduct pursuant to this Order. (f) Intelligence Community and agencies within the Intelligence Community refer to the following agencies or organizations: (1) The Central Intelligence Agency (CIA); (2) The National Security Agency (NSA); (3) The Defense Intelligence Agency (DIA); (4) The offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; (5) The Bureau of Intelligence and Research of the Department of State; (6) The intelligence elements of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation (FBI), the Department of the Treasury, and the Department of Energy; and (7) The staff elements of the Director of Central Intelligence. (g) The National Foreign Intelligence Program includes the programs listed below, but its composition shall be subject to review by the National Security Council and modification by the President: (1) The programs of the CIA; (2) The Consolidated Cryptologic Program, the General Defense Intelligence Program, and the programs of the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance, except such elements as the Director of Central Intelligence and the Secretary of Defense agree should be excluded; (3) Other programs of agencies within the Intelligence Community designated jointly by the Director of Central Intelligence and the head of the department or by the President as national foreign intelligence or counterintelligence activities; (4) Activities of the staff elements of the Director of Central Intelligence; (5) Activities to acquire the intelligence required for the planning and conduct of tactical operations by the United States military forces are not included in the National Foreign Intelligence Program. (h) Special activities means activities conducted in support of national foreign policy objectives abroad which are planned and executed so that the role of the United States Government is not apparent or acknowledged publicly, and functions in support of such activities, but which are not intended to influence United States political processes, public opinion, policies, or media and do not include diplomatic activities or the collection and production of intelligence or related support functions. (i) United States person means a United States citizen, an alien known by the intelligence agency concerned to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments. 3.5 PURPOSE AND EFFECT This Order is intended to control and provide direction and guidance to the Intelligence Community. Nothing contained herein or in any procedures promulgated hereunder is intended to confer any substantive or procedural right or privilege on any person or organization. 3.6 REVOCATION Executive Order No. 12036 of January 24, 1978, as amended, entitled 'United States Intelligence Activities,' is revoked. Ronald Reagan. EX. ORD. NO. 12334. PRESIDENT'S INTELLIGENCE OVERSIGHT BOARD Ex. Ord. No. 12334, Dec. 4, 1981, 46 F.R. 59955, as amended by Ex. Ord. No. 12701, Feb. 14, 1990, 55 F.R. 5953, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to enhance the security of the United States by assuring the legality of activities of the Intelligence Community, it is hereby ordered as follows: Section 1. There is hereby established within the White House Office, Executive Office of the President, the President's Intelligence Oversight Board, which shall be composed of three members. One member shall be designated by the President as Chairman. Members of the Board shall serve at the pleasure of the President and shall be appointed by the President from among trustworthy and distinguished citizens outside the Government who are qualified on the basis of achievement, experience and independence. The Board shall utilize such full-time staff and consultants as authorized by the President. Sec. 2. The Board shall: (a) Inform the President of intelligence activities that any member of the Board believes are in violation of the Constitution or laws of the United States, Executive orders, or Presidential directives; (b) Forward to the Attorney General reports received concerning intelligence activities that the Board believes may be unlawful; (c) Review the internal guidelines of each agency within the Intelligence Community concerning the lawfulness of intelligence activities; (d) Review the practices and procedures of the Inspectors General and General Counsel of the Intelligence Community for discovering and reporting intelligence activities that may be unlawful or contrary to Executive order or Presidential directive; and (e) Conduct such investigations as the Board deems necessary to carry out its functions under this Order. Sec. 3. The Board shall, when required by this Order, report directly to the President. The Board shall consider and take appropriate action with respect to matters identified by the Director of Central Intelligence, the Central Intelligence Agency or other agencies of the Intelligence Community. With respect to matters deemed appropriate by the President, the Board shall advise and make appropriate recommendations to the Director of Central Intelligence, the Central Intelligence Agency, and other agencies of the Intelligence Community. Sec. 4. The heads of departments and agencies of the Intelligence Community shall, to the extent permitted by law, provide the Board with all information necessary to carry out its responsibilities. Inspectors General and General Counsel of the Intelligence Community shall, to the extent permitted by law, report to the Board concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive. Sec. 5. Information made available to the Board shall be given all necessary security protection in accordance with applicable laws and regulations. Each member of the Board, each member of the Board's staff, and each of the Board's consultants shall execute an agreement never to reveal any classified information obtained by virtue of his or her service with the Board except to the President or to such persons as the President may designate. Sec. 6. Members of the Board shall serve without compensation, but may receive transportation, expense, and per diem allowances as authorized by law. Staff and consultants to the Board shall receive pay and allowances as authorized by the President. EX. ORD. NO. 12356. NATIONAL SECURITY INFORMATION Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, provided: TABLE OF CONTENTS --------------------------------------------------------------------- --------------------------------------------------------------------- Preamble Part 1. Original Classification Sec. 1.1 Classification Levels 1.2 Classification Authority 1.3 Classification Categories 1.4 Duration of Classification 1.5 Identification and Markings 1.6 Limitations on Classification Part 2. Derivative Classification 2.1 Use of Derivative Classification 2.2 Classification Guides Part 3. Declassification and Downgrading 3.1 Declassification Authority 3.2 Transferred Information 3.3 Systematic Review for Declassification 3.4 Mandatory Review for Declassification Part 4. Safeguarding 4.1 General Restrictions on Access 4.2 Special Access Programs 4.3 Access by Historical Researchers and Former Presidential Appointees Part 5. Implementation and Review 5.1 Policy Direction 5.2 Information Security Oversight Office 5.3 General Responsibilities 5.4 Sanctions Part 6. General Provisions 6.1 Definitions 6.2 General ------------------------------- This Order prescribes a uniform system for classifying, declassifying, and safeguarding national security information. It recognizes that it is essential that the public be informed concerning the activities of its Government, but that the interests of the United States and its citizens require that certain information concerning the national defense and foreign relations be protected against unauthorized disclosure. Information may not be classified under this Order unless its disclosure reasonably could be expected to cause damage to the national security. NOW, by the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered as follows: PART 1 - ORIGINAL CLASSIFICATION SECTION 1.1 CLASSIFICATION LEVELS (a) National security information (hereinafter 'classified information') shall be classified at one of the following three levels: (1) 'Top Secret' shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security. (2) 'Secret' shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security. (3) 'Confidential' shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security. (b) Except as otherwise provided by statute, no other terms shall be used to identify classified information. (c) If there is reasonable doubt about the need to classify information, it shall be safeguarded as if it were classified pending a determination by an original classification authority, who shall make this determination within thirty (30) days. If there is reasonable doubt about the appropriate level of classification, it shall be safeguarded at the higher level of classification pending a determination by an original classification authority, who shall make this determination within thirty (30) days. SEC. 1.2 CLASSIFICATION AUTHORITY (a) Top Secret. The authority to classify information originally as Top Secret may be exercised only by: (1) the President; (2) agency heads and officials designated by the President in the Federal Register; and (3) officials delegated this authority pursuant to Section 1.2(d). (b) Secret. The authority to classify information originally as Secret may be exercised only by: (1) agency heads and officials designated by the President in the Federal Register; (2) officials with original Top Secret classification authority; and (3) officials delegated such authority pursuant to Section 1.2(d). (c) Confidential. The authority to classify information originally as Confidential may be exercised only by: (1) agency heads and officials designated by the President in the Federal Register; (2) officials with original Top Secret or Secret classification authority; and (3) officials delegated such authority pursuant to Section 1.2(d). (d) Delegation of Original Classification Authority. (1) Delegations of original classification authority shall be limited to the minimum required to administer this Order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) Original Top Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Section 1.2(a)(2); and the senior official designated under Section 5.3(a), provided that official has been delegated original Top Secret classification authority by the agency head. (3) Original Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Sections 1.2(a)(2) and 1.2(b)(1); an official with original Top Secret classification authority; and the senior official designated under Section 5.3(a), provided that official has been delegated original Secret classification authority by the agency head. (4) Original Confidential classification authority may be delegated only by the President; an agency head or official designated pursuant to Sections 1.2(a)(2), 1.2(b)(1) and 1.2(c)(1); an official with original Top Secret classification authority; and the senior official designated under Section 5.3(a), provided that official has been delegated original classification authority by the agency head. (5) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided in this Order. It shall identify the official delegated the authority by name or position title. Delegated classification authority includes the authority to classify information at the level granted and lower levels of classification. (e) Exceptional Cases. When an employee, contractor, licensee, or grantee of an agency that does not have original classification authority originates information believed by that person to require classification, the information shall be protected in a manner consistent with this Order and its implementing directives. The information shall be transmitted promptly as provided under this Order or its implementing directives to the agency that has appropriate subject matter interest and classification authority with respect to this information. That agency shall decide within thirty (30) days whether to classify this information. If it is not clear which agency has classification responsibility for this information, it shall be sent to the Director of the Information Security Oversight Office. The Director shall determine the agency having primary subject matter interest and forward the information, with appropriate recommendations, to that agency for a classification determination. SEC. 1.3 CLASSIFICATION CATEGORIES (a) Information shall be considered for classification if it concerns: (1) military plans, weapons, or operations; (2) the vulnerabilities or capabilities of systems, installations, projects, or plans relating to the national security; (3) foreign government information; (4) intelligence activities (including special activities), or intelligence sources or methods; (5) foreign relations or foreign activities of the United States; (6) scientific, technological, or economic matters relating to the national security; (7) United States Government programs for safeguarding nuclear materials or facilities; (8) cryptology; (9) a confidential source; or (10) other categories of information that are related to the national security and that require protection against unauthorized disclosure as determined by the President or by agency heads or other officials who have been delegated original classification authority by the President. Any determination made under this subsection shall be reported promptly to the Director of the Information Security Oversight Office. (b) Information that is determined to concern one or more of the categories in Section 1.3(a) shall be classified when an original classification authority also determines that its unauthorized disclosure, either by itself or in the context of other information, reasonably could be expected to cause damage to the national security. (c) Unauthorized disclosure of foreign government information, the identity of a confidential foreign source, or intelligence sources or methods is presumed to cause damage to the national security. (d) Information classified in accordance with Section 1.3 shall not be declassified automatically as a result of any unofficial publication or inadvertent or unauthorized disclosure in the United States or abroad of identical or similar information. SEC. 1.4 DURATION OF CLASSIFICATION (a) Information shall be classified as long as required by national security considerations. When it can be determined, a specific date or event for declassification shall be set by the original classification authority at the time the information is originally classified. (b) Automatic declassification determinations under predecessor orders shall remain valid unless the classification is extended by an authorized official of the originating agency. These extensions may be by individual documents or categories of information. The agency shall be responsible for notifying holders of the information of such extensions. (c) Information classified under predecessor orders and marked for declassification review shall remain classified until reviewed for declassification under the provisions of this Order. SEC. 1.5 IDENTIFICATION AND MARKINGS (a) At the time of original classification, the following information shall be shown on the face of all classified documents, or clearly associated with other forms of classified information in a manner appropriate to the medium involved, unless this information itself would reveal a confidential source or relationship not otherwise evident in the document or information: (1) one of the three classification levels defined in Section 1.1; (2) the identity of the original classification authority if other than the person whose name appears as the approving or signing official; (3) the agency and office of origin; and (4) the date or event for declassification, or the notation 'Originating Agency's Determination Required.' (b) Each classified document shall, by marking or other means, indicate which portions are classified, with the applicable classification level, and which portions are not classified. Agency heads may, for good cause, grant and revoke waivers of this requirement for specified classes of documents or information. The Director of the Information Security Oversight Office shall be notified of any waivers. (c) Marking designations implementing the provisions of this Order, including abbreviations, shall conform to the standards prescribed in implementing directives issued by the Information Security Oversight Office. (d) Foreign government information shall either retain its original classification or be assigned a United States classification that shall ensure a degree of protection at least equivalent to that required by the entity that furnished the information. (e) Information assigned a level of classification under predecessor orders shall be considered as classified at that level of classification despite the omission of other required markings. Omitted markings may be inserted on a document by the officials specified in Section 3.1(b). SEC. 1.6 LIMITATIONS ON CLASSIFICATION (a) In no case shall information be classified in order to conceal violations of law, inefficiency, or administrative error; to prevent embarrassment to a person, organization, or agency; to restrain competition; or to prevent or delay the release of information that does not require protection in the interest of national security. (b) Basic scientific research information not clearly related to the national security may not be classified. (c) The President or an agency head or official designated under Sections 1.2(a)(2), 1.2(b)(1), or 1.2(c)(1) may reclassify information previously declassified and disclosed if it is determined in writing that (1) the information requires protection in the interest of national security; and (2) the information may reasonably be recovered. These reclassification actions shall be reported promptly to the Director of the Information Security Oversight Office. (d) Information may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of this Order (Section 3.4) if such classification meets the requirements of this Order and is accomplished personally and on a document-by-document basis by the agency head, the deputy agency head, the senior agency official designated under Section 5.3(a), or an official with original Top Secret classification authority. PART 2 - DERIVATIVE CLASSIFICATION SEC. 2.1 USE OF DERIVATIVE CLASSIFICATION (a) Derivative classification is (1) the determination that information is in substance the same as information currently classified, and (2) the application of the same classification markings. Persons who only reproduce, extract, or summarize classified information, or who only apply classification markings derived from source material or as directed by a classification guide, need not possess original classification authority. (b) Persons who apply derivative classification markings shall: (1) observe and respect original classification decisions; and (2) carry forward to any newly created documents any assigned authorized markings. The declassification date or event that provides the longest period of classification shall be used for documents classified on the basis of multiple sources. SEC. 2.2 CLASSIFICATION GUIDES (a) Agencies with original classification authority shall prepare classification guides to facilitate the proper and uniform derivative classification of information. (b) Each guide shall be approved personally and in writing by an official who: (1) has program or supervisory responsibility over the information or is the senior agency official designated under Section 5.3(a); and (2) is authorized to classify information originally at the highest level of classification prescribed in the guide. (c) Agency heads may, for good cause, grant and revoke waivers of the requirement to prepare classification guides for specified classes of documents or information. The Director of the Information Security Oversight Office shall be notified of any waivers. PART 3 - DECLASSIFICATION AND DOWNGRADING SEC. 3.1 DECLASSIFICATION AUTHORITY (a) Information shall be declassified or downgraded as soon as national security considerations permit. Agencies shall coordinate their review of classified information with other agencies that have a direct interest in the subject matter. Information that continues to meet the classification requirements prescribed by Section 1.3 despite the passage of time will continue to be protected in accordance with this Order. (b) Information shall be declassified or downgraded by the official who authorized the original classification, if that official is still serving in the same position; the originator's successor; a supervisory official of either; or officials delegated such authority in writing by the agency head or the senior agency official designated pursuant to Section 5.3(a). (c) If the Director of the Information Security Oversight Office determines that information is classified in violation of this Order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the National Security Council. The information shall remain classified, pending a prompt decision on the appeal. (d) The provisions of this Section shall also apply to agencies that, under the terms of this Order, do not have original classification authority, but that had such authority under predecessor orders. SEC. 3.2 TRANSFERRED INFORMATION (a) In the case of classified information transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this Order. (b) In the case of classified information that is not officially transferred as described in Section 3.2(a), but that originated in an agency that has ceased to exist and for which there is no successor agency, each agency in possession of such information shall be deemed to be the originating agency for purposes of this Order. Such information may be declassified or downgraded by the agency in possession after consultation with any other agency that has an interest in the subject matter of the information. (c) Classified information accessioned into the National Archives of the United States shall be declassified or downgraded by the Archivist of the United States in accordance with this Order, the directives of the Information Security Oversight Office, and agency guidelines. SEC. 3.3 SYSTEMATIC REVIEW FOR DECLASSIFICATION (a) The Archivist of the United States shall, in accordance with procedures and timeframes prescribed in the Information Security Oversight Office's directives implementing this Order, systematically review for declassification or downgrading (1) classified records accessioned into the National Archives of the United States, and (2) classified presidential papers or records under the Archivist's control. Such information shall be reviewed by the Archivist for declassification or downgrading in accordance with systematic review guidelines that shall be provided by the head of the agency that originated the information, or in the case of foreign government information, by the Director of the Information Security Oversight Office in consultation with interested agency heads. (b) Agency heads may conduct internal systematic review programs for classified information originated by their agencies contained in records determined by the Archivist to be permanently valuable but that have not been accessioned into the National Archives of the United States. (c) After consultation with affected agencies, the Secretary of Defense may establish special procedures for systematic review for declassification of classified cryptologic information, and the Director of Central Intelligence may establish special procedures for systematic review for declassification of classified information pertaining to intelligence activities (including special activities), or intelligence sources or methods. SEC. 3.4 MANDATORY REVIEW FOR DECLASSIFICATION (a) Except as provided in Section 3.4(b), all information classified under this Order or predecessor orders shall be subject to a review for declassification by the originating agency, if: (1) the request is made by a United States citizen or permanent resident alien, a federal agency, or a State or local government; and (2) the request describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort. (b) Information originated by a President, the White House Staff, by committees, commissions, or boards appointed by the President, or others specifically providing advice and counsel to a President or acting on behalf of a President is exempted from the provisions of Section 3.4(a). The Archivist of the United States shall have the authority to review, downgrade and declassify information under the control of the Administrator of General Services or the Archivist pursuant to sections 2107, 2107 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective presidential papers or records. Any decision by the Archivist may be appealed to the Director of the Information Security Oversight Office. Agencies with primary subject matter interest shall be notified promptly of the Director's decision on such appeals and may further appeal to the National Security Council. The information shall remain classified pending a prompt decision on the appeal. (c) Agencies conducting a mandatory review for declassification shall declassify information no longer requiring protection under this Order. They shall release this information unless withholding is otherwise authorized under applicable law. (d) Agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classified under this or predecessor orders. They shall also provide a means for administratively appealing a denial of a mandatory review request. (e) The Secretary of Defense shall develop special procedures for the review of cryptologic information, and the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelligence activities (including special activities), or intelligence sources or methods, after consultation with affected agencies. The Archivist shall develop special procedures for the review of information accessioned into the National Archives of the United States. (f) In response to a request for information under the Freedom of Information Act (5 U.S.C. 552), the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of this Order: (1) An agency shall refuse to confirm or deny the existence or non-existence of requested information whenever the fact of its existence or non-existence is itself classifiable under this Order. (2) When an agency receives any request for documents in its custody that were classified by another agency, it shall refer copies of the request and the requested documents to the originating agency for processing, and may, after consultation with the originating agency, inform the requester of the referral. In cases in which the originating agency determines in writing that a response under Section 3.4(f)(1) is required, the referring agency shall respond to the requester in accordance with that Section. PART 4 - SAFEGUARDING SEC. 4.1 GENERAL RESTRICTIONS ON ACCESS (a) A person is eligible for access to classified information provided that a determination of trustworthiness has been made by agency heads or designated officials and provided that such access is essential to the accomplishment of lawful and authorized Government purposes. (b) Controls shall be established by each agency to ensure that classified information is used, processed, stored, reproduced, transmitted, and destroyed only under conditions that will provide adequate protection and prevent access by unauthorized persons. (c) Classified information shall not be disseminated outside the executive branch except under conditions that ensure that the information will be given protection equivalent to that afforded within the executive branch. (d) Except as provided by directives issued by the President through the National Security Council, classified information originating in one agency may not be disseminated outside any other agency to which it has been made available without the consent of the originating agency. For purposes of this Section, the Department of Defense shall be considered one agency. SEC. 4.2 SPECIAL ACCESS PROGRAMS (a) Agency heads designated pursuant to Section 1.2(a) may create special access programs to control access, distribution, and protection of particularly sensitive information classified pursuant to this Order or predecessor orders. Such programs may be created or continued only at the written direction of these agency heads. For special access programs pertaining to intelligence activities (including special activities but not including military operational, strategic and tactical programs), or intelligence sources or methods, this function will be exercised by the Director of Central Intelligence. (b) Each agency head shall establish and maintain a system of accounting for special access programs. The Director of the Information Security Oversight Office, consistent with the provisions of Section 5.2(b)(4), shall have nondelegable access to all such accountings. SEC. 4.3 ACCESS BY HISTORICAL RESEARCHERS AND FORMER PRESIDENTIAL APPOINTEES (a) The requirement in Section 4.1(a) that access to classified information may be granted only as is essential to the accomplishment of authorized and lawful Government purposes may be waived as provided in Section 4.3(b) for persons who: (1) are engaged in historical research projects, or (2) previously have occupied policy-making positions to which they were appointed by the President. (b) Waivers under Section 4.3(a) may be granted only if the originating agency: (1) determines in writing that access is consistent with the interest of national security; (2) takes appropriate steps to protect classified information from unauthorized disclosure or compromise, and ensures that the information is safeguarded in a manner consistent with this Order; and (3) limits the access granted to former presidential appointees to items that the person originated, reviewed, signed, or received while serving as a presidential appointee. PART 5 - IMPLEMENTATION AND REVIEW SEC. 5.1 POLICY DIRECTION (a) The National Security Council shall provide overall policy direction for the information security program. (b) The Administrator of General Services shall be responsible for implementing and monitoring the program established pursuant to this Order. The Administrator shall delegate the implementation and monitorship functions of this program to the Director of the Information Security Oversight Office. SEC. 5.2 INFORMATION SECURITY OVERSIGHT OFFICE (a) The Information Security Oversight Office shall have a full-time Director appointed by the Administrator of General Services subject to approval by the President. The Director shall have the authority to appoint a staff for the Office. (b) The Director shall: (1) develop, in consultation with the agencies, and promulgate, subject to the approval of the National Security Council, directives for the implementation of this Order, which shall be binding on the agencies; (2) oversee agency actions to ensure compliance with this Order and implementing directives; (3) review all agency implementing regulations and agency guidelines for systematic declassification review. The Director shall require any regulation or guideline to be changed if it is not consistent with this Order or implementing directives. Any such decision by the Director may be appealed to the National Security Council. The agency regulation or guideline shall remain in effect pending a prompt decision on the appeal; (4) have the authority to conduct on-site reviews of the information security program of each agency that generates or handles classified information and to require of each agency those reports, information, and other cooperation that may be necessary to fulfill the Director's responsibilities. If these reports, inspections, or access to specific categories of classified information would pose an exceptional national security risk, the affected agency head or the senior official designated under Section 5.3(a) may deny access. The Director may appeal denials to the National Security Council. The denial of access shall remain in effect pending a prompt decision on the appeal; (5) review requests for original classification authority from agencies or officials not granted original classification authority and, if deemed appropriate, recommend presidential approval; (6) consider and take action on compliants and suggestions from persons within or outside the Government with respect to the administration of the information security program; (7) have the authority to prescribe, after consultation with affected agencies, standard forms that will promote the implementation of the information security program; (8) report at least annually to the President through the National Security Council on the implementation of this Order; and (9) have the authority to convene and chair interagency meetings to discuss matters pertaining to the information security program. SEC. 5.3 GENERAL RESPONSIBILITIES Agencies that originate or handle classified information shall: (a) designate a senior agency official to direct and administer its information security program, which shall include an active oversight and security education program to ensure effective implementation of this Order. (b) promulgate implementing regulations. Any unclassified regulations that establish agency information security policy shall be published in the Federal Register to the extent that these regulations affect members of the public; (c) establish procedures to prevent unnecessary access to classified information, including procedures that (i) require that a demonstrable need for access to classified information is established before initiating administrative clearance procedures, and (ii) ensure that the number of persons granted access to classified information is limited to the minimum consistent with operational and security requirements and needs; and (d) develop special contingency plans for the protection of classified information used in or near hostile or potentially hostile areas. SEC. 5.4 SANCTIONS (a) If the Director of the Information Security Oversight Office finds that a violation of this Order or its implementing directives may have occurred, the Director shall make a report to the head of the agency or to the senior official designated under Section 5.3(a) so that corrective steps, if appropriate, may be taken. (b) Officers and employees of the United States Government, and its contractors, licensees, and grantees shall be subject to appropriate sanctions if they: (1) knowingly, willfully, or negligently disclose to unauthorized persons information properly classified under this Order or predecessor orders; (2) knowingly and willfully classify or continue the classification of information in violation of this Order or any implementing directive; or (3) knowingly and willfully violate any other provision of this Order or implementing directive. (c) Sanctions may include reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and agency regulation. (d) Each agency head or the senior official designated under Section 5.3(a) shall ensure that appropriate and prompt corrective action is taken whenever a violation under Section 5.4(b) occurs. Either shall ensure that the Director of the Information Security Oversight Office is promptly notified whenever a violation under Section 5.4(b)(1) or (2) occurs. PART 6 - GENERAL PROVISIONS SEC. 6.1 DEFINITIONS (a) 'Agency' has the meaning provided at 5 U.S.C. 552(e). (b) 'Information' means any information or material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. (c) 'National security information' means information that has been determined pursuant to this Order or any predecessor order to require protection against unauthorized disclosure and that is so designated. (d) 'Foreign government information' means: (1) information provided by a foreign government or governments, an international organization of governments, or any element thereof with the expectation, expressed or implied, that the information, the source of the information, or both, are to be held in confidence; or (2) information produced by the United States pursuant to or as a result of a joint arrangement with a foreign government or governments or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence. (e) 'National security' means the national defense or foreign relations of the United States. (f) 'Confidential source' means any individual or organization that has provided, or that may reasonably be expected to provide, information to the United States on matters pertaining to the national security with the expectation, expressed or implied, that the information or relationship, or both, be held in confidence. (g) 'Original classification' means an initial determination that information requires, in the interest of national security, protection against unauthorized disclosure, together with a classification designation signifying the level of protection required. SEC. 6.2 GENERAL (a) Nothing in this Order shall supersede any requirement made by or under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.). 'Restricted Data' and 'Formerly Restricted Data' shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and regulations issued under that Act. (b) The Attorney General, upon request by the head of an agency or the Director of the Information Security Oversight Office, shall render an interpretation of this Order with respect to any question arising in the course of its administration. (c) Nothing in this Order limits the protection afforded any information by other provisions of law. (d) Executive Order No. 12065 of June 28, 1978, as amended, is revoked as of the effective date of this Order. (e) This Order shall become effective on August 1, 1982. Ronald Reagan. OFFICIALS DESIGNATED TO CLASSIFY NATIONAL SECURITY INFORMATION Order of the President of the United States, dated May 7, 1982, 47 F.R. 20105, provided: Pursuant to the provisions of Section 1.2 of Executive Order No. 12356 of April 2, 1982, entitled 'National Security Information,' (set out as a note above) I hereby designate the following officials to classify information originally as 'Top Secret', 'Secret', or 'Confidential': TOP SECRET EXECUTIVE OFFICE OF THE PRESIDENT: The Vice President The Counsellor to the President The Chief of Staff and Assistant to the President The Deputy Chief of Staff and Assistant to the President The Director, Office of Management and Budget The United States Trade Representative The Assistant to the President for National Security Affairs The Director, Office of Science and Technology Policy The Chairman, The President's Foreign Intelligence Advisory Board The Chairman, The President's Intelligence Oversight Board The Secretary of State The Secretary of the Treasury The Secretary of Defense The Secretary of the Army The Secretary of the Navy The Secretary of the Air Force The Attorney General The Secretary of Energy The Chairman, Nuclear Regulatory Commission The Director, United States Arms Control and Disarmament Agency The Director of Central Intelligence The Administrator, National Aeronautics and Space Administration The Administrator of General Services The Director, Federal Emergency Management Agency SECRET EXECUTIVE OFFICE OF THE PRESIDENT: The Chairman, Council of Economic Advisers The President's Personal Representative for Micronesian Status Negotiations The Secretary of Commerce The Secretary of Transportation The Administrator, Agency for International Development The Director, International Communication Agency CONFIDENTIAL The President, Export-Import Bank of the United States The President, Overseas Private Investment Corporation The Administrator, Environmental Protection Agency Any delegation of this authority shall be in accordance with Section 1.2(d) of the Order. This Order shall be published in the Federal Register. Ronald Reagan. Order of the President of the United States, dated May 4, 1990, 55 F.R. 19235, provided: Pursuant to the provisions of Section 1.2 of Executive Order No. 12356 of April 2, 1982, entitled 'National Security Information,' (set out as a note above) I hereby designate the Director of National Drug Control Policy to classify information originally as 'Top Secret.' This order shall be published in the Federal Register. George Bush. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 sections 113, 125, 155. ------DocID 56099 Document 198 of 1268------ -CITE- 50 USC SUBCHAPTER I -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY ------DocID 56100 Document 199 of 1268------ -CITE- 50 USC Sec. 402 -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 402. National Security Council -STATUTE- (a) Establishment; presiding officer; functions; composition There is established a council to be known as the National Security Council (hereinafter in this section referred to as the 'Council'). The President of the United States shall preside over meetings of the Council: Provided, That in his absence he may designate a member of the Council to preside in his place. The function of the Council shall be to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security. The Council shall be composed of - (1) the President; (2) the Vice President; (3) the Secretary of State; (4) the Secretary of Defense; (5) the Director for Mutual Security; (6) the Chairman of the National Security Resources Board; and (7) the Secretaries and Under Secretaries of other executive departments and of the military departments, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure. (b) Additional functions In addition to performing such other functions as the President may direct, for the purpose of more effectively coordinating the policies and functions of the departments and agencies of the Government relating to the national security, it shall, subject to the direction of the President, be the duty of the Council - (1) to assess and appraise the objectives, commitments, and risks of the United States in relation to our actual and potential military power, in the interest of national security, for the purpose of making recommendations to the President in connection therewith; and (2) to consider policies on matters of common interest to the departments and agencies of the Government concerned with the national security, and to make recommendations to the President in connection therewith. (c) Executive secretary; appointment; staff employees The Council shall have a staff to be headed by a civilian executive secretary who shall be appointed by the President. The exeuctive secretary, subject to the direction of the Council, is authorized, subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, to appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the Council in connection with the performance of its functions. (d) Recommendations and reports The Council shall, from time to time, make such recommendations, and such other reports to the President as it deems appropriate or as the President may require. (e) Participation of Chairman or Vice Chairman of Joint Chiefs of Staff The Chairman (or in his absence the Vice Chairman) of the Joint Chiefs of Staff may, in his role as principal military adviser to the National Security Council and subject to the direction of the President, attend and participate in meetings of the National Security Council. (f) Participation by Director of National Drug Control Policy The Director of National Drug Control Policy may, in his role as principal adviser to the National Security Council on national drug control policy, and subject to the direction of the President, attend and participate in meetings of the National Security Council. (g) Board for Low Intensity Conflict The President shall establish within the National Security Council a board to be known as the 'Board for Low Intensity Conflict'. The principal function of the board shall be to coordinate the policies of the United States for low intensity conflict. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 101, 61 Stat. 496; Aug. 10, 1949, ch. 412, Sec. 3, 63 Stat. 579; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Oct. 10, 1951, ch. 479, title V, Sec. 501(e)(1), 65 Stat. 378; Oct. 1, 1986, Pub. L. 99-433, title II, Sec. 203, 100 Stat. 1011; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(c) (title IX, Sec. 9115(f)), 100 Stat. 1783-82, 1783-125, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(c) (title IX, Sec. 9115(f)), 100 Stat. 3341-82, 3341-125; Nov. 14, 1986, Pub. L. 99-661, div. A, title XIII, Sec. 1311(f), 100 Stat. 3986; Nov. 18, 1988, Pub. L. 100-690, title I, Sec. 1003(a)(3), 102 Stat. 4182.) -STATAMEND- AMENDMENT OF SECTION For repeal of amendment by section 1506 of Title 21, Food and Drugs, see Effective and Termination Dates of 1988 Amendment note below. -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in subsec. (c), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. In subsec. (c), provisions that specified compensation of $10,000 per year for the executive secretary to the Council were omitted. Section 304(b) of Pub. L. 88-426 amended section 105 of Title 3, The President, to include the executive secretary of the Council among those whose compensation was authorized to be fixed by the President. Section 1(a) of Pub. L. 95-570 further amended section 105 of Title 3 to authorize the President to appoint and fix the pay of the employees of the White House Office subject to certain provisions. In subsec. (c), 'chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'the Classification Act of 1949, as amended' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1988 - Subsecs. (f), (g). Pub. L. 100-690, Sec. 1003(a)(3), 1009, temporarily added subsec. (f) and redesignated former subsec. (f) as (g). See Effective and Termination Dates of 1988 Amendment note below. 1986 - Subsec. (e). Pub. L. 99-433 added subsec. (e). Subsec. (f). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 amended section identically adding subsec. (f). 1951 - Subsec. (a). Act Oct. 10, 1951, inserted cl. (5) relating to Director for Mutual Security, in fourth paragraph, and renumbered former cls. (5) and (6) thereof as cls. (6) and (7), respectively. 1949 - Subsec. (a). Act Aug. 10, 1949, added the Vice President to the Council, removed the Secretaries of the military departments, to authorize the President to add, with the consent of the Senate, Secretaries and Under Secretaries of other executive departments and of the military department, and the Chairmen of the Munitions Board and the Research and Development Board. Subsec. (c). Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923, as amended'. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and repealed on date 5 years after Nov. 18, 1988, see section 1506 of Title 21, Food and Drugs, and section 1012 of Pub. L. 100-690, set out as an Effective Date note under section 1501 of Title 21. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS Office of Director for Mutual Security abolished and functions of Director, including those as a member of National Security Council, transferred to Director of Foreign Operations Administration by Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541, set out in the Appendix to Title 5, Government Organization and Employees. Foreign Operations Administration abolished by Ex. Ord. No. 10610, May 9, 1955, 20 F.R. 3179, and its functions and offices transferred to Department of State to be administered by International Cooperation Administration. For later transfer, see section 2381 of Title 22, Foreign Relations and Intercourse, and notes set out under that section. National Security Resources Board, together with Office of Chairman, abolished by section 6 of Reorg. Plan No. 3 of 1953, eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out under section 404 of this title. Functions of Chairman with limited exception, including his functions as a member of National Security Council transferred to Office of Defense Mobilization by section 2(a) of Reorg. Plan No. 3 of 1953. Functions of Director of Office of Defense Mobilization with respect to being a member of National Security Council transferred to Director of Office of Civil and Defense Mobilization by Reorg. Plan No. 1 of 1958, Sec. 4, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended by Pub. L. 85-763, Aug. 26, 1958, 72 Stat. 861, set out as a note under section 2271 of Appendix to this title. For subsequent transfers to Office of Emergency Planning, Office of Emergency Preparedness, and President, see Transfer of Functions notes set out under section 404 of this title. Munitions Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title 5, Government Organization and Employees. All functions vested in Munitions Board transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 of 1953. Research and Development Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title 5, Government Organization and Employees. Functions vested in Board transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 of 1953. National Security Council, together with its functions, records, property, personnel, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 20, 1949, 14 F.R. 5227, 63 Stat. 1067, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- RULE OF CONSTRUCTION FOR DUPLICATE AUTHORIZATION AND APPROPRIATION PROVISIONS OF PUBLIC LAWS 99-500, 99-591, AND 99-661 For rule of construction for certain duplicate provisions of Public Laws 99-500, 99-591, and 99-661, see section 6 of Pub. L. 100-26, set out as a note under section 2301 of Title 10, Armed Forces. SECTION AS UNAFFECTED BY REPEALS Repeals by section 542(a) of Mutual Security Act of 1954 did not repeal amendment to this section by act Oct. 10, 1951. NATIONAL SECURITY AGENCY ACT OF 1959 Pub. L. 86-36, May 29, 1959, 73 Stat. 63, as amended by Pub. L. 87-367, title II, Sec. 201, 204, Oct. 4, 1961, 75 Stat. 789, 791; Pub. L. 87-793, Sec. 1001(c), Oct. 11, 1962, 76 Stat. 864; Sept. 23, 1950, ch. 1024, title III, Sec. 306(a), as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 170; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 306(h), 78 Stat. 430; Oct. 6, 1964, Pub. L. 88-631, Sec. 3(d), 78 Stat. 1008; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat. 660; Oct. 8, 1966, Pub. L. 89-632, Sec. 1(e), 80 Stat. 878; Pub. L. 91-187, Sec. 2, Dec. 30, 1969, 83 Stat. 850; Pub. L. 96-450, title IV, Sec. 402(a), Oct. 14, 1980, 94 Stat. 1977; Pub. L. 97-89, title VI, Sec. 601-603, Dec. 4, 1981, 95 Stat. 1154-1156, eff. Oct. 1, 1981; Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100 Stat. 628; Pub. L. 99-569, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3200; Pub. L. 101-193, title V, Sec. 505(b), Nov. 30, 1989, 103 Stat. 1709; Pub. L. 101-194, title V, Sec. 506(c)(2), Nov. 30, 1989, 103 Stat. 1759, which established certain administrative authorities for the National Security Agency, provided: 'That this Act (this note) may be cited as the 'National Security Agency Act of 1959'.' Sections 1 and 3 of Pub. L. 86-36 amended section 1082 of former Title 5, Executive Departments and Government Officers and Employees, and section 1581(a) of Title 10, Armed Forces (as modified by section 12(a) of the Federal Employees Salary Increase Act of 1958, 72 Stat. 213), respectively. Section 1 exempted the National Security Agency from the provisions of the Classification Act of 1949, now covered by chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 3 deleted provision permitting the Secretary of Defense to establish not more than 50 research and development positions in the National Security Agency. Sections 2, 4-16 of Pub. L. 86-36 provided as follows: 'Sec. 2. The Secretary of Defense (or his designee for the purpose) is authorized to establish such positions, and to appoint thereto, without regard to the civil service laws, such officers and employees, in the National Security Agency, as may be necessary to carry out the functions of such agency. The rates of basic compensation for such positions shall be fixed by the Secretary of Defense (or his designee for the purpose) in relation to the rates of basic compensation contained in the General Schedule of the Classification Act of 1949, as amended (see 5 U.S.C. 5332), for positions subject to such Act which have corresponding levels of duties and responsibilities. Except as provided in subsections (f) and (g) of section 303 of the Federal Executive Salary Act of 1964, (see sections 5316 and 5317 of Title 5), no officer or employee of the National Security Agency shall be paid basic compensation at a rate in excess of the highest rate of basic compensation contained in such General Schedule. Not more than seventy such officers and employees shall be paid basic compensation at rates equal to rates of basic compensation contained in grades 16, 17, and 18 of such General Schedule. (As amended Pub. L. 87-367, title II, Sec. 201, Oct. 4, 1961, 75 Stat. 789; Sept. 23, 1950, ch. 1024, title III, Sec. 306(a), as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 170; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 306(h), 78 Stat. 430; Oct. 6, 1964, Pub. L. 88-631, Sec. 3(d), 78 Stat. 1008; Oct. 8, 1966, Pub. L. 89-632, Sec. 1(e)(1), 80 Stat. 878.) 'Sec. 4. The Secretary of Defense (or his designee for the purpose) is authorized to - '(1) establish in the National Security Agency (A) professional engineering positions primarily concerned with research and development and (B) professional positions in the physical and natural sciences, medicine, and cryptology; and '(2) fix the respective rates of pay of such positions at rates equal to rates of basic pay contained in grades 16, 17, and 18 of the General Schedule set forth in section 5332 of title 5, United States Code. Officers and employees appointed to positions established under this section shall be in addition to the number of officers and employees appointed to positions under section 2 of this Act who may be paid at rates equal to rates of basic pay contained in grades 16, 17, and 18 of the General Schedule. (As amended Pub. L. 87-367, title II, Sec. 204, Oct. 4, 1961, 75 Stat. 791; Pub. L. 87-793, Sec. 1001(c), Oct. 11, 1962, 76 Stat. 864; Pub. L. 89-632, Sec. 1(e)(2), Oct. 8, 1966, 80 Stat. 878; Pub. L. 91-187, Sec. 2, Dec. 30, 1969, 83 Stat. 850). 'Sec. 5. Officers and employees of the National Security Agency who are citizens or nationals of the United States may be granted additional compensation, in accordance with regulations which shall be prescribed by the Secretary of Defense, not in excess of additional compensation authorized by section 207 of the Independent Offices Appropriation Act, 1949, as amended (5 U.S.C. 118h) (see 5 U.S.C. 5941), for employees whose rates of basic compensation are fixed by statute. 'Sec. 6. (a) Except as provided in subsection (b) of this section, nothing in this Act or any other law (including, but not limited to, the first section and section 2 of the Act of August 28, 1935 (5 U.S.C. 654) (repealed by Pub. L. 86-626, title I, Sec. 101, July 12, 1960, 74 Stat. 427)) shall be construed to require the disclosure of the organization or any function of the National Security Agency, or any information with respect to the activities thereof, or of the names, titles, salaries, or number of the persons employed by such agency. '(b) The reporting requirements of section 1582 of title 10, United States Code, shall apply to positions established in the National Security Agency in the manner provided by section 4 of this Act. 'Sec. 7. (Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 660.) 'Sec. 8. The foregoing provisions of this Act shall take effect on the first day of the first pay period which begins later than the thirtieth day following the date of enactment of this Act. 'Sec. 9. (a) Notwithstanding section 322 of the Act of June 30, 1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code, and section 2675 of title 10, United States Code, the Director of the National Security Agency, on behalf of the Secretary of Defense, may lease real property outside the United States, for periods not exceeding ten years, for the use of the National Security Agency for special cryptologic activities and for housing for personnel assigned to such activities. '(b) The Director of the National Security Agency, on behalf of the Secretary of Defense, may provide to certain civilian and military personnel of the Department of Defense who are assigned to special cryptologic activities outside the United States and who are designated by the Secretary of Defense for the purposes of this subsection - '(1) allowances and benefits - '(A) comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law; and '(B) in the case of selected personnel serving in circumstances similar to those in which personnel of the Central Intelligence Agency serve, comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency; '(2) housing (including heat, light, and household equipment) without cost to such personnel, if the Director of the National Security Agency, on behalf of the Secretary of Defense determines that it would be in the public interest to provide such housing; and '(3) special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) and in section 18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403r). '(c) The authority of the Director of the National Security Agency, on behalf of the Secretary of Defense, to make payments under subsections (a) and (b), and under contracts for leases entered into under subsection (a), is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. '(d) Members of the Armed Forces may not receive benefits under both subsection (b)(1) and title 37, United States Code, for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection. '(e) Regulations issued pursuant to subsection (b)(1) shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. (Amended Pub. L. 101-193, title V, Sec. 505(b), Nov. 30, 1989, 103 Stat. 1709.) (Amended Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100 Stat. 628. Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Pub. L. 97-89, title VI, Sec. 601, Dec. 4, 1981, 95 Stat. 1154.) (Added Pub. L. 96-450, title IV, Sec. 401(a)(1), Oct. 14, 1980, 94 Stat. 1977.) 'Sec. 10. (a) The Director of the National Security Agency shall arrange for, and shall prescribe regulations concerning, language and language-related training programs for military and civilian cryptologic personnel. In establishing programs under this section for language and language-related training, the Director - '(1) may provide for the training and instruction to be furnished, including functional and geographic area specializations; '(2) may arrange for training and instruction through other Government agencies and, in any case in which appropriate training or instruction is unavailable through Government facilities, through nongovernmental facilities that furnish training and instruction useful in the fields of language and foreign affairs; '(3) may support programs that furnish necessary language and language-related skills, including, in any case in which appropriate programs are unavailable at Government facilities, support through contracts, grants, or cooperation with nongovernmental educational institutions; and '(4) may obtain by appointment or contract the services of individuals to serve as language instructors, linguists, or special language project personnel. '(b)(1) In order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special monetary or other incentives to encourage civilian cryptologic personnel of the Agency to acquire or retain proficiency in foreign languages or special related abilities needed by the Agency. '(2) In order to provide linguistic training and support for cryptologic personnel, the Director - '(A) may pay all or part of the tuition and other expenses related to the training of personnel who are assigned or detailed for language and language-related training, orientation, or instruction; and '(B) may pay benefits and allowances to civilian personnel in accordance with chapters 57 and 59 of title 5, United States Code, and to military personnel in accordance with chapter 7 of title 37, United States Code, and applicable provisions of title 10, United States Code, when such personnel are assigned to training at sites away from their designated duty station. '(c)(1) To the extent not inconsistent, in the opinion of the Secretary of Defense, with the operation of military cryptologic reserve units and in order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director may establish a cryptologic linguist reserve. The cryptologic linguist reserve may consist of former or retired civilian or military cryptologic personnel of the National Security Agency and of other qualified individuals, as determined by the Director of the Agency. Each member of the cryptologic linguist reserve shall agree that, during any period of emergency (as determined by the Director), the member shall return to active civilian status with the National Security Agency and shall perform such linguistic or linguistic-related duties as the Director may assign. '(2) In order to attract individuals to become members of the cryptologic linguist reserve, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special monetary incentives to individuals eligible to become members of the reserve who agree to become members of the cryptologic linguist reserve and to acquire or retain proficiency in foreign languages or special related abilities. '(3) In order to provide training and support for members of the cryptologic linguist reserve, the Director - '(A) may pay all or part of the tuition and other expenses related to the training of individuals in the cryptologic linguist reserve who are assigned or detailed for language and language-related training, orientation, or instruction; and '(B) may pay benefits and allowances in accordance with chapters 57 and 59 of title 5, United States Code, to individuals in the cryptologic linguist reserve who are assigned to training at sites away from their homes or regular places of business. '(d)(1) The Director, before providing training under this section to any individual, may obtain an agreement with that individual that - '(A) in the case of current employees, pertains to continuation of service of the employee, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code; and '(B) in the case of individuals accepted for membership in the cryptologic linguist reserve, pertains to return to service when requested, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code. '(2) The Director, under regulations prescribed under this section, may waive, in whole or in part, a right of recovery under an agreement made under this subsection if it is shown that the recovery would be against equity and good conscience or against the public interest. '(e)(1) Subject to paragraph (2), the Director may provide to family members of military and civilian cryptologic personnel assigned to representational duties outside the United States, in anticipation of the assignment of such personnel outside the United States or while outside the United States, appropriate orientation and language training that is directly related to the assignment abroad. '(2) Language training under paragraph (1) may not be provided to any individual through payment of the expenses of tuition or other cost of instruction at a non-Government educational institution unless appropriate instruction is not available at a Government facility. '(f) The Director may waive the applicability of any provision of chapter 41 of title 5, United States Code, to any provision of this section if he finds that such waiver is important to the performance of cryptologic functions. '(g) The authority of the Director to enter into contracts or to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. '(h) Regulations issued pursuant to this section shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. '(i) The Director of the National Security Agency, on behalf of the Secretary of Defense, may, without regard to section 4109(a)(2)(B) of title 5, United States Code, pay travel, transportation, storage, and subsistence expenses under chapter 57 of such title to civilian and military personnel of the Department of Defense who are assigned to duty outside the United States for a period of one year or longer which involves cryptologic training, language training, or related disciplines. (Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978, and amended Pub. L. 97-89, title VI, Sec. 602, Dec. 4, 1981, 95 Stat. 1154.) 'Sec. 11. The Administrator of General Services, upon the application of the Director of the National Security Agency, may provide for the protection in accordance with section 3 of the Act of June 1, 1948 (40 U.S.C. 318b), of certain facilities (as designated by the Director of such Agency) which are under the administration and control of, or are used by, the National Security Agency in the same manner as if such facilities were property of the United States over which the United States has acquired exclusive or concurrent criminal jurisdiction. (Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978.) 'Sec. 12. (a)(1) The Secretary of Defense (or his designee) may by regulation establish a personnel system for senior civilian cryptologic personnel in the National Security Agency to be known as the Senior Cryptologic Executive Service. The regulations establishing the Senior Cryptologic Executive Service shall - '(A) meet the requirements set forth in section 3131 of title 5, United States Code, for the Senior Executive Service; '(B) provide that positions in the Senior Cryptologic Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2) of such title; '(C) provide, without regard to section 2, rates of pay for the Senior Cryptologic Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of such title, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; '(D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of subchapter II of chapter 43 of such title; '(E) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense or his designee); '(F) permit the payment of performance awards to members of the Senior Cryptologic Executive Service consistent with the provisions applicable to performance awards under section 5384 of such title; '(G) provide that members of the Senior Cryptologic Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of such title.(;) and '(H) provide for the recertification of members of the Senior Cryptologic Executive Service consistent with the provisions of section 3393a of such title. '(2) Except as otherwise provided in subsection (a), the Secretary of Defense (or his designee) may - '(A) make applicable to the Senior Cryptologic Executive Service any of the provisions of title 5, United States Code, applicable to applicants for or members of the Senior Executive Service; and '(B) appoint, promote, and assign individuals to positions established within the Senior Cryptologic Executive Service without regard to the provisions of title 5, United States Code, governing appointments and other personnel actions in the competitive service. '(3) The President, based on the recommendations of the Secretary of Defense, may award ranks to members of the Senior Cryptologic Executive Service in a manner consistent with the provisions of section 4507 of title 5, United States Code. '(4) Notwithstanding any other provision of this section, the Director of the National Security Agency may detail or assign any member of the Senior Cryptologic Executive Service to serve in a position outside the National Security Agency in which the member's expertise and experience may be of benefit to the National Security Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the Senior Cryptologic Executive Service. '(5) The Director of the National Security Agency shall each year submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, at the time the Budget is submitted by the President to the Congress for the next fiscal year, a report on executive personnel in the National Security Agency. The report shall include - '(A) the total number of positions added to or deleted from the Senior Cryptologic Executive Service during the preceding fiscal year; '(B) the number of executive personnel (including all members of the Senior Cryptologic Executive Service) being paid at each grade level and pay rate in effect at the end of the preceding fiscal year; '(C) the number, distribution, and amount of awards paid to members of the Senior Cryptologic Executive Service during the preceding fiscal year; and '(D) the number of individuals removed from the Senior Cryptologic Executive Service during the preceding fiscal year for less than fully successful performance. '(b) The Secretary of Defense (or his designee) may by regulation establish a merit pay system for such employees of the National Security Agency as the Secretary of Defense (or his designee) considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in section 5401(a) of title 5, United States Code. '(c) Nothing in this section shall be construed to allow the aggregate amount payable to a member of the Senior Cryptologic Executive Service under this section during any fiscal year to exceed the annual rate payable for positions at level I of the Executive Schedule (5 U.S.C. 5312) in effect at the end of such year. (Added Pub. L. 97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.) (Amended Pub. L. 101-194, title V, Sec. 506(c)(2), Nov. 30, 1989, 103 Stat. 1759. Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101-194, set out as an Effective Date of 1989 Amendment note under section 3151 of Title 5, Government Organization and Employees.) 'Sec. 13. (a) The Director of the National Security Agency may make grants to private individuals and institutions for the conduct of cryptologic research. An application for a grant under this section may not be approved unless the Director determines that the award of the grant would be clearly consistent with the national security. '(b) The grant program established by subsection (a) shall be conducted in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) (31 U.S.C. 6301 et seq.) to the extent that such Act is consistent with and in accordance with section 6 of this Act. '(c) The authority of the Director to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. (Added Pub. L. 97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.) 'Sec. 14. Funds appropriated to an entity of the Federal Government other than an element of the Department of Defense that have been specifically appropriated for the purchase of cryptologic equipment, materials, or services with respect to which the National Security Agency has been designated as the central source of procurement for the Government shall remain available for a period of three fiscal years. (Added Pub. L. 97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.) 'Sec. 15. (a) No person may, except with the written permission of the Director of the National Security Agency, knowingly use the words 'National Security Agency', the initials 'NSA', the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency. '(b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. (Added Pub. L. 97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.) 'Sec. 16. (a) The purpose of this section is to establish an undergraduate training program, which may lead to the baccalaureate degree, to facilitate the recruitment of individuals, particularly minority high school students, with a demonstrated capability to develop skills critical to the mission of the National Security Agency, including mathematics, computer science, engineering, and foreign languages. '(b) The Secretary of Defense is authorized, in his discretion, to assign civilian employees of the National Security Agency as students at accredited professional, technical, and other institutions of higher learning for training at the undergraduate level in skills critical to effective performance of the mission of the Agency. '(c) The National Security Agency may pay, directly or by reimbursement to employees, expenses incident to assignments under subsection (b), in any fiscal year only to the extent that appropriated funds are available for such purpose. '(d)(1) To be eligible for assignment under subsection (b), an employee of the Agency must agree in writing - '(A) to continue in the service of the Agency for the period of the assignment and to complete the educational course of training for which the employee is assigned; '(B) to continue in the service of the Agency following completion of the assignment for a period of one-and-a-half years for each year of the assignment or part thereof; '(C) to reimburse the United States for the total cost of education (excluding the employee's pay and allowances) provided under this section to the employee if, prior to the employee's completing the educational course of training for which the employee is assigned, the assignment or the employee's employment with the Agency is terminated either by the Agency due to misconduct by the employee or by the employee voluntarily; and '(D) to reimburse the United States if, after completing the educational course of training for which the employee is assigned, the employee's employment with the Agency is terminated either by the Agency due to misconduct by the employee or by the employee voluntarily, prior to the employee's completion of the service obligation period described in subparagraph (B), in an amount that bears the same ratio to the total cost of the education (excluding the employee's pay and allowances) provided to the employee as the unserved portion of the service obligation period described in subparagraph (B) bears to the total period of the service obligation described in subparagraph (B). '(2) Subject to paragraph (3), the obligation to reimburse the United States under an agreement described in paragraph (1), including interest due on such obligation, is for all purposes a debt owing the United States. '(3)(A) A discharge in bankruptcy under title 11, United States Code, shall not release a person from an obligation to reimburse the United States required under an agreement described in paragraph (1) if the final decree of the discharge in bankruptcy is issued within five years after the last day of the combined period of service obligation described in subparagraphs (A) and (B) of paragraph (1). '(B) The Secretary of Defense may release a person, in whole or in part, from the obligation to reimburse the United States under an agreement described in paragraph (1) when, in his discretion, the Secretary determines that equity or the interests of the United States so require. '(C) The Secretary of Defense shall permit an employee assigned under this section who, prior to commencing a second academic year of such assignment, voluntarily terminates the assignment or the employee's employment with the Agency, to satisfy his obligation under an agreement described in paragraph (1) to reimburse the United States by reimbursement according to a schedule of monthly payments which results in completion of reimbursement by a date five years after the date of termination of the assignment or employment or earlier at the option of the employee. '(e)(1) When an employee is assigned under this section to an institution, the Agency shall disclose to the institution to which the employee is assigned that the Agency employs the employee and that the Agency funds the employee's education. '(2) Agency efforts to recruit individuals at educational institutions for participation in the undergraduate training program established by this section shall be made openly and according to the common practices of universities and employers recruiting at such institutions. '(f) Chapter 41 of title 5 and subsections (a) and (b) of section 3324 of title 31, United States Code, shall not apply with respect to this section. '(g) The Secretary of Defense may issue such regulations as may be necessary to implement this section.' (Added Pub. L. 99-569, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3200.) (References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.) -EXEC- EXECUTIVE ORDER NO. 10483 Ex. Ord. No. 10483, Sept. 2, 1953, 18 F.R. 5379, as amended by Ex. Ord. No. 10598, Feb. 28, 1955, 20 F.R. 1237, which provided for an Operations Coordinating Board, was superseded by Ex. Ord. No. 10700, Feb. 25, 1957. EXECUTIVE ORDER NO. 10700 Ex. Ord. No. 10700, Feb. 25, 1957, 22 F.R. 1111, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. 10838, Sept. 16, 1959, 24 F.R. 7519, which provided for the Operations Coordinating Board, was revoked by Ex. Ord. No. 10920, Feb. 18, 1961, 26 F.R. 1463. ------DocID 56101 Document 200 of 1268------ -CITE- 50 USC Sec. 403 -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403. Central Intelligence Agency -STATUTE- (a) Establishment; Director and Deputy Director; appointment There is established under the National Security Council a Central Intelligence Agency with a Director of Central Intelligence who shall be the head thereof, and with a Deputy Director of Central Intelligence who shall act for, and exercise the powers of, the Director during his absence or disability. The Director and the Deputy Director shall be appointed by the President, by and with the advice and consent of the Senate, from among the commissioned officers of the armed services, whether in an active or retired status, or from among individuals in civilian life: Provided, however, That at no time shall the two positions of the Director and Deputy Director be occupied simultaneously by commissioned officers of the armed services, whether in an active or retired status. (b) Commissioned officer as Director or Deputy Director; powers and limitations; effect on commissioned status (1) If a commissioned officer of the armed services is appointed as Director, or Deputy Director, then - (A) in the performance of his duties as Director, or Deputy Director, he shall be subject to no supervision, control, restriction, or prohibition (military or otherwise) other than would be operative with respect to him if he were a civilian in no way connected with the Department of the Army, the Department of the Navy, the Department of the Air Force, or the armed services or any component thereof; and (B) he shall not possess or exercise any supervision, control, powers, or functions (other than such as he possesses, or is authorized or directed to exercise, as Director, or Deputy Director) with respect to the armed services or any component thereof, the Department of the Army, the Department of the Navy, or the Department of the Air Force, or any branch, bureau, unit, or division thereof, or with respect to any of the personnel (military or civilian) of any of the foregoing. (2) Except as provided in paragraph (1) of this subsection, the appointment to the office of Director, or Deputy Director, of a commissioned officer of the armed services, and his acceptance of and service in such office, shall in no way affect any status, office, rank, or grade he may occupy or hold in the armed services, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade. Any such commissioned officer shall, while serving in the office of Director, or Deputy Director, continue to hold rank and grade not lower than that in which serving at the time of his appointment and to receive the military pay and allowances (active or retired, as the case may be, including personal money allowance) payable to a commissioned officer of his grade and length of service for which the appropriate department shall be reimbursed from any funds available to defray the expenses of the Central Intelligence Agency. He also shall be paid by the Central Intelligence Agency from such funds an annual compensation at a rate equal to the amount by which the compensation established for such position exceeds the amount of his annual military pay and allowances. (3) The rank or grade of any such commissioned officer shall, during the period in which such commissioned officer occupies the office of Director of Central Intelligence, or Deputy Director of Central Intelligence, be in addition to the numbers and percentages otherwise authorized and appropriated for the armed service of which he is a member. (c) Termination of employment of officers and employees; effect on right of subsequent employment Notwithstanding the provisions of section 7501 of title 5, or the provisions of any other law, the Director of Central Intelligence may, in his discretion, terminate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States, but such termination shall not affect the right of such officer or employee to seek or accept employment in any other department or agency of the Government if declared eligible for such employment by the Director of the Office of Personnel Management. (d) Powers and duties For the purpose of coordinating the intelligence activities of the several Government departments and agencies in the interest of national security, it shall be the duty of the Agency, under the direction of the National Security Council - (1) to advise the National Security Council in matters concerning such intelligence activities of the Government departments and agencies as relate to national security; (2) to make recommendations to the National Security Council for the coordination of such intelligence activities of the departments and agencies of the Government as relate to the national security; (3) to correlate and evaluate intelligence relating to the national security, and provide for the appropriate dissemination of such intelligence within the Government using where appropriate existing agencies and facilities: Provided, That the Agency shall have no police, subpena, law-enforcement powers, or internal-security functions: Provided further, That the departments and other agencies of the Government shall continue to collect, evaluate, correlate, and disseminate departmental intelligence: And provided further, That the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure; (4) to perform, for the benefit of the existing intelligence agencies, such additional services of common concern as the National Security Council determines can be more efficiently accomplished centrally; (5) to perform such other functions and duties related to intelligence affecting the national security as the National Security Council may from time to time direct. (e) Inspection of intelligence of other departments To the extent recommended by the National Security Council and approved by the President, such intelligence of the departments and agencies of the Government, except as hereinafter provided, relating to the national security shall be open to the inspection of the Director of Central Intelligence, and such intelligence as relates to the national security and is possessed by such departments and other agencies of the Government, except as hereinafter provided, shall be made available to the Director of Central Intelligence for correlation, evaluation, and dissemination: Provided, however, That upon the written request of the Director of Central Intelligence, the Director of the Federal Bureau of Investigation shall make available to the Director of Central Intelligence such information for correlation, evaluation, and dissemination as may be essential to the national security. (f) Termination of National Intelligence Authority; transfer of personnel, property, records, and unexpended funds Effective when the Director first appointed under subsection (a) of this section has taken office - (1) the National Intelligence Authority (11 Fed. Reg. 1337, 1339, February 5, 1946) shall cease to exist; and (2) the personnel, property, and records of the Central Intelligence Group are transferred to the Central Intelligence Agency, and such Group shall cease to exist. Any unexpended balances of appropriations, allocations, or other funds available or authorized to be made available for such Group shall be available and shall be authorized to be made available in like manner for expenditure by the Agency. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 102, 61 Stat. 497; Apr. 4, 1953, ch. 16, 67 Stat. 19; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -COD- CODIFICATION In subsec. (c), 'section 7501 of title 5' substituted for 'section 6 of the Act of August 24, 1912 (37 Stat. 555)' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1953 - Subsecs. (a), (b). Act Apr. 4, 1953, provided for appointment of a Deputy Director of Central Intelligence and defined his duties and status. -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted for 'Civil Service Commission' in subsec. (c) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. National Security Council transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. 1067. See Transfer of Functions note set out under section 402 of this title. -MISC5- EQUAL EMPLOYMENT OPPORTUNITY PLAN Pub. L. 100-453, title IV, Sec. 403, Sept. 29, 1988, 102 Stat. 1908, provided that: '((a)) Ninety days after enactment of this Act (Sept. 29, 1988), the Director of Central Intelligence and the Secretary of Defense shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report setting forth an analysis of each equal employment opportunity group's representation in the Central Intelligence Agency and the National Security Agency respectively and proposing a plan for rectifying any underrepresentation of any such equal employment opportunity group by September 30, 1991. '(b) The Director of Central Intelligence and the Secretary of Defense shall each submit interim reports on February 1, 1989, 1990, and 1991 concerning the Central Intelligence Agency and the National Security Agency respectively detailing the efforts made, and the progress realized, by each such agency in achieving the objectives of each such plan, including, but not limited to, the number of applications from, and the hiring, promotion, and training of, members of each equal employment opportunity group. '(c) For purposes of this section, the term 'equal employment opportunity group' means - '(A) white women, '(B) black men, '(C) black women, '(D) Hispanic men, '(E) Hispanic women, '(F) Asian American and Pacific Islander men, '(G) Asian American and Pacific Islander women, '(H) Native American and Alaskan Native men, or '(I) Native American and Alaskan Native women.' STUDY OF INTELLIGENCE PERSONNEL SYSTEMS Pub. L. 100-178, title VII, Sec. 701, Dec. 2, 1987, 101 Stat. 1016, provided that: '(a) The Director of Central Intelligence shall undertake to contract with the National Academy of Public Administration (hereinafter referred to as the Academy) for an objective study which shall be classified and which shall consist of a comprehensive review and comparative analysis of all personnel management and compensation systems affecting civilian personnel of agencies and entities of the intelligence community. '(b) In conducting the study described in subsection (a), the Academy shall determine the adequacy of existing personnel systems to further the ability of intelligence agencies or entities to perform their missions, and make such recommendations for legislative, regulative or other changes as the Academy determines advisable. '(c) The study described in subsection (a) shall be completed in final form no later than January 20, 1989, and such study, and any interim report of such study, shall be transmitted upon receipt by the Director of Central Intelligence to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. '(d) Of the amount available to the Intelligence Community Staff for fiscal year 1988 under section 201, not more than $500,000 shall be available for the study described in subsection (a). '(e) The Director of Central Intelligence, the Director of the Intelligence Community Staff, and the heads of the elements of the intelligence community shall provide such support and appropriate access to necessary information as the Academy may require to complete the study described in subsection (a).' TEMPORARY RETIREMENT CONTRIBUTIONS AND PROCEDURES FOR CERTAIN PARTICIPANTS For temporary provisions providing modified contributions and procedures for officers and employees participating in the Central Intelligence Agency Retirement and Disability System who are also required to pay employment taxes relating to benefits under title II of the Social Security Act, 42 U.S.C. 401 et seq., until they are covered by a new Government retirement system or Jan. 1, 1986, whichever is earlier, see title II of Pub. L. 98-168, set out as a note under section 8331 of Title 5, Government Organization and Employees. CONTINGENT ONCE-A-YEAR ADJUSTMENT IN ANNUITIES For provisions directing the President, subject to certain conditions, to provide for a single cost-of-living adjustment in the annuities paid under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (set out as a note below) during the period Sept. 1, 1980, to Aug. 31, 1981, and directing further that, subject to the enactment of specified legislation providing for the adjustment of annuities paid under section 8331 et seq. of Title 5, Government Organization and Employees, the President exercise the authority vested in him under section 292 of the Central Intelligence Agency Retirement Act of 1964 (set out as a note below) for Certain Employees to provide for cost-of-living adjustments in the annuities paid under that Act on an identical basis, see Pub. L. 96-342, title VIII, Sec. 812(a)(3), (4), (b)(3), (4), (c), Sept. 8, 1980, 94 Stat. 1098, set out as a note under section 1401a of Title 10, Armed Forces. COMPENSATION OF DIRECTOR AND DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE Compensation of Director and Deputy Director, see sections 5313 and 5314 of Title 5, Government Organization and Employees. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Pub. L. 88-643, Oct. 13, 1964, 78 Stat. 1043, as amended by Pub. L. 90-539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91-185, Dec. 30, 1969, 83 Stat. 847; Pub. L. 91-626, Sec. 1-6, Dec. 31, 1970, 84 Stat. 1872-1874; Pub. L. 93-31, May 8, 1973, 87 Stat. 65; Pub. L. 93-210, Sec. 1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94-361, title VIII, Sec. 801(b), July 14, 1976, 90 Stat. 929; Pub. L. 94-522, title I, Sec. 101, 102, title II, Sec. 201-213, Oct. 17, 1976, 90 Stat. 2467-2471; Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854; Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 97-269, title VI, Sec. 602-611, Sept. 27, 1982, 96 Stat. 1145-1148, 1152-1153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 98-618, title III, Sec. 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99-169, title VII, Sec. 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99-335, title V, Sec. 501-506, June 6, 1986, 100 Stat. 622-624; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-569, title III, Sec. 302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100-178, title IV, Sec. 401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat. 1012-1014; Pub. L. 100-453, title III, Sec. 302(a), (b)(1), (c)(1), (d)(1), (2), title V, Sec. 502, Sept. 29, 1988, 102 Stat. 1906, 1907, 1909; Pub. L. 101-193, title III, Sec. 302-304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703, 1707, provided: 'TITLE I - TITLE AND DEFINITIONS 'PART A - TITLE 'Sec. 101. This Act may be cited as the 'Central Intelligence Agency Retirement Act of 1964 for Certain Employees'. 'PART B - DEFINITIONS 'Sec. 111. When used in this Act, the term - '(1) 'Agency' means the Central Intelligence Agency; '(2) 'Director' means the Director of Central Intelligence; '(3) 'Qualifying service' means service performed as a participant in the system or, in the case of service prior to designation, service determined by the Director to have been performed in carrying out duties described in section 203; '(4) 'Fund balance' means the sum of - '(a) the investments of the fund calculated at par value; and '(b) the cash balance of the fund on the books of the Treasury; '(5) 'Unfunded liability' means the estimated excess of the present value of all benefits payable from the fund to participants and former participants, subject to this Act, and to their survivors, over the sum of - '(a) the present value of deductions to be withheld from the future basic salary of participants currently subject to this Act and of future Agency contributions to be made in their behalf; plus '(b) the present value of Government payments to the fund under section 261(b) and (c) of this Act; plus '(c) the fund balance as of the date the unfunded liability is determined; and '(6) 'Normal cost' means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service. (Amended Pub. L. 94-522, title I, Sec. 101, Oct. 17, 1976, 90 Stat. 2467. For effective date of amendment, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below. 'TITLE II - THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM 'PART A - ESTABLISHMENT OF SYSTEM 'RULES AND REGULATIONS 'Sec. 201. (a) The Director may prescribe rules and regulations for the establishment and maintenance of a Central Intelligence Agency Retirement and Disability System for a limited number of employees, referred to hereafter as the system; such rules and regulations to be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before they take effect. '(b) The Director shall administer the system in accordance with such rules and regulations and with the principles established by this Act. '(c) In the interests of the security of the foreign intelligence activities of the United States and in order further to implement the proviso of section 102(d)(3) of the National Security Act of 1947, as amended (50 U.S.C. 403(d)(3)), that the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, and notwithstanding the provisions of the Administrative Procedure Act (5 U.S.C. 1001 et seq.) (see 5 U.S.C. 551 et seq. and 701 et seq.) or any other provisions of law (except section 305(d) of this Act), any determinations by the Director authorized by the provisions of this Act shall be deemed to be final and conclusive and not subject to review by any court. (Amended Pub. L. 99-335, title V, Sec. 501(1), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Pub. L. 98-618, title III, Sec. 302, Nov. 8, 1984, 98 Stat. 3300.) 'ESTABLISHMENT AND MAINTENANCE OF FUND 'Sec. 202. There is hereby created a fund to be known as the Central Intelligence Agency Retirement and Disability Fund which shall be maintained by the Director. The Central Intelligence Agency Retirement and Disability Fund is referred to hereafter as the fund. 'PARTICIPANTS 'Sec. 203. The Director may designate from time to time such Agency officers and employees whose duties are determined by the Director to be (i) in support of Agency activities abroad hazardous to life or health or (ii) so specialized because of security requirements as to be clearly distinguishable from normal government employment, hereafter referred to as participants, who shall be entitled to the benefits of the system. Any participant who has completed fifteen years of service with the Agency and whose career at that time is adjudged by the Director to be qualifying for the system may elect to remain a participant of such system for the duration of his employment by the Agency and such election shall not be subject to review or approval by the Director. 'ANNUITANTS 'Sec. 204. (a) Annuitants shall be participants who are receiving annuities from the fund and all persons, including surviving wives and husbands, former spouses, widows, widowers, children, and beneficiaries of participants or annuitants who shall become entitled to receive annuities in accordance with the provisions of this title. '(b) When used in this title the term - '(1) 'Widow' means the surviving wife of a participant who was married to such participant for at least one year immediately preceding his death or is the mother of issue by marriage to the participant. '(2) 'Widower' means the surviving husband of a participant who was married to such participant for at least one year immediately preceding her death or is the father of issue by marriage to the participant. '(3) 'Child', for the purposes of sections 221 and 232 of this title, means an unmarried child, including (i) an adopted child or a child who lived with and for whom a petition for adoption was filed by a participant and who is adopted by (so in section 201(d) of Pub. L. 94-522) the surviving spouse after the participant's death, and (ii) a stepchild or recognized natural child who lived with the participant in a regular parent-child relationship, under the age of eighteen years, or such unmarried child regardless of age who because of physical or mental disability incurred before age eighteen is incapable of self-support, or such unmarried child between eighteen and twenty-two years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. A child whose twenty-second birthday occurs prior to July 1 or after August 31 of any calendar year, and while he is regularly pursuing such a course of study or training, shall be deemed for the purposes of this paragraph and section 221(e) of this title to have attained the age of twenty-two on the first day of July following such birthday. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years if the interim does not exceed five months and if he shows to the satisfaction of the Director that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim. The term 'child', for purposes of section 241, shall include an adopted child and a natural child, but shall not include a stepchild. '(4) 'Former spouse' means a former wife or husband of a participant or former participant who was married to such participant for not less than 10 years during periods of service by that participant which are creditable under sections 251, 252, and 253 of this title, at least five years of which were spent outside the United States by both the participant and the former spouse. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Pub. L. 97-269, title VI, Sec. 602, Sept. 27, 1982, 96 Stat. 1145. For effective date of amendment, see Effective Date of 1982 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 91-626, Sec. 1, Dec. 31, 1970, 84 Stat. 1872; Pub. L. 94-552, title II, Sec. 201, Oct. 17, 1976, 90 Stat. 2468. For effective date of amendment, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) 'PART B - COMPULSORY CONTRIBUTIONS 'Sec. 211. (a) Except as provided in subsection (d), seven per centum of the basic salary received by each participant shall be contributed to the fund for the payment of annuities, cash benefits, refunds and allowances. An equal sum shall also be contributed from the respective appropriation or fund which is used for payment of his salary. The amounts deducted and withheld from basic salary together with the amounts so contributed from the appropriation or fund shall be deposited by the Agency to the credit of the fund. '(b) Each participant shall be deemed to consent and agree to such deductions from basic salary, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which he shall be entitled under this title, notwithstanding any law, rule, or regulation affecting the individual's salary. '(c) Amounts deducted and withheld from the basic salary of a participant under this section from the beginning of the first pay period after the participant has completed thirty-five years of creditable service computed under sections 251 and 252 (excluding service credit for unused sick leave under section 221(h)), together with interest on these amounts at the rate of 3 percent a year compounded annually from the date of the deduction to the date of retirement or death, shall be applied toward any special contribution due under section 252(b), and any balance not so required shall be refunded in a lump sum to the participant after separation (or, in the event of a death in service, to a beneficiary in order of precedence specified in subsection 241(b)(1)), subject to any restrictions on lump sums under section 234 of this title regarding notification or consent of a current spouse to such payments, or the participant may use these sums to purchase an additional annuity in accordance with section 281, or any other elective benefits authorized by this title, including additional retirement or survivor benefits for a current or former spouse or spouses. '(d)(1) In the case of a participant who was a participant subject to this title before January 1, 1984, and whose service - '(A) is employment for the purposes of title II of the Social Security Act (42 U.S.C. 401 et seq.) and chapter 21 of the Internal Revenue Code of 1986 (26 U.S.C. 3101 et seq.), and '(B) is not creditable service for any purpose under title III of this Act or chapter 84 of title 5, United States Code, there shall be deducted and withheld from the basic pay of the participant under this subsection during any pay period only the amount computed pursuant to paragraph (2). '(2) The amount deducted and withheld from the basic pay of a participant during any pay period pursuant to paragraph (1) shall be the excess of - '(A) the amount determined by multiplying the percent applicable to the participant under subsection (a) by the basic pay payable to the participant for such pay period, over '(B) the amount of the taxes deducted and withheld from such basic pay under section 3101(a) of the Internal Revenue Code of 1986 (26 U.S.C. 3101(a)) (relating to old-age, survivors, and disability insurance) for such pay period. (Amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) (Amended Pub. L. 99-335, title V, Sec. 501(2), 502, June 6, 1986, 100 Stat. 622, 623. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Pub. L. 97-269, title VI, Sec. 611, Sept. 27, 1982, 96 Stat. 1153. For effective date of amendment, see Effective Date of 1982 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 91-185, Sec. 1, Dec. 30, 1969, 83 Stat. 847. For effective date of amendment, see Effective Date of 1969 Amendments to Pub. L. 88-643, set out below.) 'PART C - COMPUTATION OF ANNUITIES 'COMPUTATION OF ANNUITIES FOR OTHER THAN FORMER SPOUSES 'Sec. 221. (a) The annuity of a participant shall be equal to 2 per centum of his average basic salary for the highest three consecutive years of service (or, in the case of an annuity computed under section 232 and based on less than three years, over the total service), for which full contributions have been made to the fund, multiplied by the number of years, not exceeding thirty-five, of service credit obtained in accordance with the provisions of sections 251 and 252. In determining the aggregate period of service upon which the annuity is to be based, the fractional part of a month, if any, shall not be counted. Each annuity shall be stated as an annual amount, one twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued. '(b)(1)(A) Except to the extent provided otherwise under a written election under subparagraph (B) or (C), if at the time of retirement a participant or former participant is married (or has a former spouse who has not remarried before attaining age 60), the participant shall receive a reduced annuity and provide a survivor annuity for his or her spouse under this subsection or former spouse under section 222(b), or a combination of such annuities, as the case may be. '(B) A married participant or former participant and his or her spouse may jointly elect in writing to waive a survivor annuity for that spouse under this section (or under section 222(b) if the spouse later qualifies as a former spouse under section 204(b)(4)), or to reduce such survivor annuity under this section (or section 222(b)) by designating a portion of the annuity of the participant as the base for the survivor benefit. If the marriage is dissolved following an election for such a reduced annuity and the spouse qualifies as a former spouse, the base used in calculating any annuity of the former spouse under section 222(b) may not exceed the portion of the participant's annuity designated under this subparagraph. '(C) If a participant or former participant has a former spouse, the participant (or former participant) and such former spouse may jointly elect by spousal agreement under section 263(b) to waive a survivor annuity under section 222(b) for that former spouse, if the election is made (i) before the end of the 12-month period beginning on the date the divorce or annulment involving that former spouse becomes final or (ii) at the time of retirement of the participant. '(D) The Director may prescribe regulations under which a participant or former participant may make an election under subparagraph (B) or (C) without the participant's spouse or former spouse if the participant establishes to the satisfaction of the Director that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse or former spouse. '(2) The annuity of a participant or former participant providing a survivor benefit under this section (or section 222(b)), excluding any portion of the annuity not designated or committed as a base for any survivor annuity, shall be reduced by 2 1/2 percent of the first $3,600 plus 10 percent of any amount over $3,600. The reduction under this paragraph shall be calculated before any reduction under section 222(a)(4). '(3)(A) If a former participant entitled to receive a reduced annuity under this subsection dies and is survived by a spouse, a survivor annuity shall be paid to the surviving spouse equal to 55 percent of the full amount of the participant's annuity computed under subsection (a), or 55 percent of any lesser amount elected as the base for the survivor benefit under paragraph (1)(B). '(B) Notwithstanding subparagraph (A), the amount of the annuity calculated under subparagraph (A) for a surviving spouse in any case in which there is also a surviving former spouse of the participant who qualifies for an annuity under section 222(b) may not exceed 55 percent of the portion (if any) of the base for survivor benefits which remains available under section 222(b)(4)(B). '(C) An annuity payable from the fund under this title to a surviving spouse under this paragraph shall commence on the day after the participant dies and shall terminate on the last day of the month before the surviving spouse's death or remarriage before attaining age 60. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund. '(c)(1) If an annuitant dies and is survived by a wife or husband and by a child or children, in addition to the annuity payable to the surviving wife or husband, there shall be paid to or on behalf of each child an annuity equal to the smallest of: (i) 60 per centum of the annuitant's average basic salary, as determined under paragraph (a) of this section, divided by the number of children; (ii) $900; or (iii) $2,700 divided by the number of children. '(2) If an annuitant dies and is not survived by a wife or husband but by a child or children, each surviving child shall be paid an annuity equal to the smallest of: (i) 75 per centum of the annuitant's average basic salary, as determined under paragraph (a) of this section, divided by the number of children; (ii) $1,080; or (iii) $3,240 divided by the number of children. '(d) If a surviving wife or husband dies or the annuity of a child is terminated, the annuities of any remaining children shall be recomputed and paid as though such wife, husband, or child had not survived the participant. '(e) The commencing date of an annuity payable to a child under paragraph (c) or (d) of this section, or (c) or (d) of section 232, shall be deemed to be the day after the annuitant or participant dies, with payment beginning on that day or beginning or resuming on the first day of the month in which the child later becomes or again becomes a student as described in section 204(b)(3), provided the lump-sum credit, if paid, is returned to the fund. Such annuity shall terminate on the last day of the month before (1) the child's attaining age eighteen unless he is then a student as described or incapable of self-support, (2) his becoming capable of self-support after attaining age eighteen unless he is then such a student, (3) his attaining age twenty-two if he is then such a student and not incapable of self-support, (4) his ceasing to be such a student after attaining age eighteen unless he is then incapable of self-support, (5) his marriage, or (6) his death, whichever first occurs. '(e)(1) The Director shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Director shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter. '(2) An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests in effect during any one calendar year. '(3) Subject to paragraph (2) of this subsection, an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Director, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Director. '(4) This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Director may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Director shall be repaid by the State in accordance with regulations issued by the Director. '(5) For the purpose of this subsection, 'State' means a State, the District of Columbia, or any territory or possession of the United States. '(f)(1) Subject to the rights of former spouses under sections 221(b) and 222, any unmarried participant retiring under the provisions of this title and found by the Director to be in good health may at the time of retirement elect a reduced annuity, in lieu of the annuity as hereinbefore provided, and designate in writing a person having an insurable interest (as that term is used in section 9(h) of the Civil Service Retirement Act (5 U.S.C. 2259(h))) in the participant to receive an annuity after the participant's death. The annuity payable to the participant making such election shall be reduced by 10 per centum of an annuity computed as provided in paragraph (a) of this section, and by 5 per centum of an annuity so computed for each full five years the person designated is younger than the participant, but such total reduction shall not exceed 40 per centum. The annuity of a survivor designated under this paragraph shall be 55 per centum of the reduced annuity computed as prescribed above. '(2) A participant, who is unmarried at the time of retiring and who later marries, may irrevocably elect, in a signed writing received in the Agency within one year after the marriage, a reduced annuity as provided in section 221(b). The reduced annuity is effective the first day of the month after the election is received. The election voids prospectively any election previously made under the provisions of paragraph (1) of this subsection. '(g)(1) In the case of remarriage on or after age sixty an annuity shall be payable if remarriage has occurred on or after July 18, 1966, and if the surviving wife or husband, immediately before such remarriage, was receiving an annuity from the Central Intelligence Agency Retirement and Disability Fund. The annuity of a surviving spouse terminated as a result of remarriage which occurred prior to age sixty and on or after July 18, 1966, shall be restored at the same rate commencing on the day the remarriage is dissolved by death, annulment, or divorce, if - '(A) the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this or another retirement system for Government Employees, by reason of the remarriage; and '(B) any lump sum paid on termination of the annuity is returned to the fund. No annuity shall be paid by reason of this paragraph for any period prior to October 20, 1969. No annuity shall be terminated solely by reason of the enactment of this paragraph. '(2) A surviving former spouse of any participant or former participant shall not become entitled to a survivor annuity or to the restoration of a survivor annuity payable from the fund under this title unless the survivor elects to receive it instead of any other survivor annuity to which he or she may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than that participant. '(h) In computing an annuity under this section the service credit of a participant who retires, except under section 231, on an immediate annuity or dies leaving a survivor or survivors entitled to annuity includes without regard to the limitations imposed by paragraph (a) the days of unused sick leave to his credit under a formal leave system, except that these days will not be counted in determining average basic salary or annuity eligibility. The contribution specified in section 252 shall not be required for days of unused sick leave credited under this paragraph. '(i) Except as otherwise provided, the annuity of a participant shall commence on the first day of the month after separation from the service, or on the first day of the month after pay ceases and the service and age requirements for title to an annuity are met. With respect to those participants who serve three days or less in the month of retirement, the annuity will commence on the day after separation or the day after pay ceases and the service and age requirements for title to an annuity are met. The annuity of a participant involuntarily separated from the service, except for removal for cause on charges of misconduct or delinquency, or of a participant retiring due to a disability shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to an annuity are met. Any other annuity payable from the Fund under this title shall commence on the first day of the month after the occurrence of the event on which payment thereof is based. '(j) An annuity payable from the fund under this title on or after date of enactment of this provision (Dec. 31, 1970) shall terminate (1) in the case of a retired participant, on the day death or any other terminating event occurs, or (2) in the case of a survivor, on the last day of the month before death or any other terminating event occurs. '(k) For the purpose of an annuity computed under this section, the total service of any participant shall not include any period of civilian service on or after October 1, 1982, for which retirement deductions or deposits have not been made under section 252(b), unless the participant makes a deposit for such period as provided in section 252, or no deposit is required for such service as provided under Section 8334(g) of Title 5 of the United States Code, or under any statute. '(l)(1) Notwithstanding any other provision of this section, the monthly rate of annuity payable under subsection (a) of this section, shall not be less than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Secuirty (sic) Act (42 U.S.C. 401 et seq.). '(2) Notwithstanding any other provision of this section, other than this subsection, the monthly rate of annuity payable under subsection (a) of this section to a surviving child shall not be less than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act (42 U.S.C. 401 et seq.), or three times such primary insurance amount divided by the number of surviving children entitled to an annuity, whichever is the lesser. '(3) The provisions of this subsection shall not apply to an annuitant or to a survivor who is or becomes entitled to receive from the United States an annuity or retired pay under any other civilian or military retirement system, benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.), a pension, veterans' compensation, or any other periodic payment of a similar nature, when the monthly rate thereof is equal to or greater than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act. '(4) This subsection shall not apply to the extent provided in section 222(d). '(m) If a participant retiring under section 231 of this title is receiving retired pay or retainer pay for military service (except that specified in section 252(e)) or Veterans Administration pension or compensation in lieu of such retired or retainer pay, the annuity of that participant shall be computed under subsection (a) of this section, excluding credit for such military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in Section 5532 of Title 5 of the United States Code, or the Veterans Administration pension or compensation in lieu of such retired or retainer pay, is less than the annuity that would otherwise be payable under Section 231, an amount equal to the difference shall be added to the annuity payable under subsection (a) of this Section. '(m)(1) Any married annuitant who reverts to retired status with entitlement to a supplemental annuity under subsection 271(b) shall, unless the annuitant and his or her spouse jointly elect in writing to the contrary at that time, have the supplemental annuity reduced by 10 percent to provide a supplemental survivor annuity for his or her spouse. Such supplemental survivor annuity shall be equal to 55 percent of the supplemental annuity of the annuitant and shall be payable to a surviving spouse to whom the annuitant was married at the time of reversion to retired status or whom the annuitant subsequently married. '(2) The Director shall issue regulations to provide for the application of paragraph (1) of this subsection and of subsection 271(b) in any case in which an annuitant has a former spouse who was married to the participant at any time during a period of recall service and who qualifies for an annuity under section 222(b). '(n) An annuity which is reduced under this section or any similar prior provision of law to provide a survivor benefit for a spouse shall, if the marriage of the participant to such spouse is dissolved, be recomputed and paid for each full month during which an annuitant is not married (or is remarried if there is no election in effect under the following sentence) as if the annuity had not been so reduced, subject to any reduction required to provide a survivor benefit under section 222(b) or (c). Upon remarriage the retired participant may irrevocably elect, by means of a signed writing received by the Director within one year after such remarriage, to receive during such marriage a reduction in annuity for the purpose of allowing an annuity for the new spouse of the annuitant in the event such spouse survives the annuitant. Such reduction shall be equal to the reduction in effect immediately before the dissolution of the previous marriage (unless such reduction is adjusted under section 222(b)(5)), and shall be effective the first day of the first month beginning nine months after the date of remarriage after the date of remarriage (sic). A survivor annuity elected under this subsection shall be treated in all respects as a survivor annuity under subsection (b). '(o) The Director shall, on an annual basis - '(1) inform each participant of his or her right of election under subsections (f)(2) and (n); and '(2) to the maximum extent practicable, inform spouses or former spouses of participants or former participants of their rights under this section and sections 222, 223, 232(b), and 234(c), (d), and (e). '(p)(1) Notwithstanding any other provision of this title, except as provided in paragraph (2), an annuity (including a disability annuity) payable under this title to an individual described in section 301(c)(1) and any survivor annuity payable under this title on the basis of the service of such individual shall be reduced in a manner consistent with section 8349 of title 5, United States Code, under conditions consistent with the conditions prescribed in such section. '(2) This section shall not apply with respect to any annuity, or survivor annuity, which is based on the service of an individual described in section 301(c)(2). '(p)(q) The election of a survivor annuity and the reduction of an annuity under subsection (f)(2) or (n) of this section shall take effect on the first day of the first month beginning nine months after the date of marriage. For the purposes of this subsection, the nine-month period shall be deemed to be satisfied in any case in which - '(1) the annuitant dies within such period; '(2) the surviving spouse of the annuitant had been previously married to the annuitant and subsequently divorced; and '(3) the aggregate time married is at least nine months. (Amended Pub. L. 100-453, title III, Sec. 302(d)(1), (2), Sept. 29, 1988, 102 Stat. 1907. For effective date of amendment, see Effective Date of 1988 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 100-178, title IV, Sec. 402(b)(1), Dec. 2, 1987, 101 Stat. 1014. For effective date of amendment, see Effective Date of 1987 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 99-335, title V, Sec. 501(2), (3), 503, June 6, 1986, 100 Stat. 622, 623. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Ex. Ord. No. 12443, Sec. 4, 7, 8, Sept. 27, 1983, 48 F.R. 44752. For effective date of amendments, see section 16(d)-(f) of Ex. Ord. No. 12443, set out below.) (Amended Pub. L. 97-269, title VI, Sec. 603, 604, 605, 610, Sept. 27, 1982, 96 Stat. 1146, 1147, 1153. For effective date of amendment, see Effective Date of 1982 Amendment to Pub. L. 88-643, set out below.) (Amended Ex. Ord. No. 12326, Sec. 1, 3, 6, Sept. 30, 1981, 46 F.R. 48889, 48890. For effective dates of amendments, see section 7(a), (c), and (f) of Ex. Ord. No. 12326, set out below.) (Amended Pub. L. 94-522, title II, Sec. 202-204, Oct. 17, 1976, 90 Stat. 2468, 2469. For effective date of amendments, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 91-185, Sec. 2, Dec. 30, 1969, 83 Stat. 847; Pub. L. 91-626, Sec. 2, 3, Dec. 31, 1970, 84 Stat. 1872. For effective date of 1969 amendment, see Effective Date of 1969 Amendments to Pub. L. 88-643, set out below.) 'COMPUTATION OF ANNUITIES FOR FORMER SPOUSES 'Sec. 222. (a)(1) Unless otherwise expressly provided by any spousal agreement or court order under section 263(b), a former spouse of a participant or former participant is entitled to an annuity - '(A) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or '(B) if not married to the participant throughout such creditable service, equal to a proportion of 50 percent of such annuity which is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this title bears to the total number of days of creditable service. '(2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age. '(3) The annuity of a former spouse under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this title or on the first day of the month after the divorce or annulment involved becomes final, whichever is later. The annuity of such former spouse and the right thereto terminate on - '(A) the last day of the month before the former spouse dies or remarries before 60 years of age; or '(B) the date the annuity of the participant terminates (except in the case of an annuity subject to paragraph 4(B)). '(4)(A) The annuity payable to any participant shall be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such reduction shall be disregarded in calculating the survivor annuity for any spouse, former spouse, or other survivor under this title, and in calculating any reduction in the annuity of the participant to provide survivor benefits under subsection (b) or section 221(b). '(B) If any annuitant whose annuity is reduced under subparagraph (A) is recalled to service under section 271, or reinstated or reappointed, in the case of a recovered disability annuitant, or if any annuitant is reemployed as provided for under sections 272 and 273, the salary of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the fund. '(5) Notwithstanding paragraph (3), in the case of any former spouse of a disability annuitant - '(A) the annuity of that former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for an annuity under this title (other than a disability annuity) or the date the disability annuity begins, whichever is later, and '(B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify. '(6) An annuity under this subsection shall be treated the same as a survivor annuity under subsection (b) for purposes of section 221(g)(2) or any comparable provision of law. '(7) No spousal agreement or court order under section 263(b) involving any participant may provide for an annuity or any combination of annuities under this subsection which exceeds the annuity of the participant. No such court order relating to an annuity under this subsection may be given effect if it is issued more than 12 months after the date the divorce or annulment involved becomes final. '(b)(1) Subject to any election under section 221(b)(1)(C) and unless otherwise expressly provided by any spousal agreement or court order under section 263(b), if a former participant who is entitled to receive an annuity is survived by a former spouse, the former spouse shall be entitled to a survivor annuity - '(A) if married to the participant throughout the creditable service of the participant, equal to 55 percent of the full amount of the participant's annuity, as computed under section 221(a), or '(B) if not married to the participant throughout such creditable service, equal to a proportion of 55 percent of the full amount of such annuity which is the proportion that the number of days of the marriage of the former spouse to the former participant during periods of creditable service of such former participant under this title bears to the total number of days of such creditable service. '(2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age. '(3) An annuity payable from the fund under this title to a surviving former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund. '(4)(A) The maximum survivor annuity or combination of survivor annuities under this section (and section 221(b)(3)) with respect to any participant or former participant may not exceed 55 percent of the full amount of the participant's annuity, as calculated under section 221(a). '(B) Once a survivor annuity has been provided under this subsection for any former spouse, a survivor annuity for another individual may thereafter be provided under this subsection (or section 221(b)(3)) with respect to a participant or former participant only for that portion (if any) of the maximum available which is not committed for survivor benefits for any former spouse whose prospective right to such annuity has not terminated by reason of death or remarriage. '(C) After the death of a participant or former participant, a court order under section 263(b) may not adjust the amount of the annuity of any former spouse under this section. '(5)(A) For each full month after a former spouse of a participant or former participant dies or remarries before attaining age 60, the annuity of the participant, if reduced to provide a survivor annuity for that former spouse, shall be recomputed and paid as if the annuity had not been so reduced, unless an election is in effect under subparagraph (B). '(B) Subject to paragraph (4)(B), the participant may elect in writing within one year after receipt of notice of the death or remarriage of the former spouse to continue the reduction in order to provide a higher survivor annuity under section 221(b)(3) for any spouse of the participant. '(c)(1) In the case of any participant or former participant providing a survivor annuity benefit under subsection (b) for a former spouse - '(A) such participant may elect, or '(B) a spousal agreement or court order under section 263(b) may provide for, an additional survivor annuity under this subsection for any other former spouse or spouse surviving the participant, if the participant satisfactorily passes a physical examination as prescribed by the Director. '(2) Neither the total amount of survivor annuity or annuities under this subsection with respect to any participant or former participant, nor the survivor annuity or annuities for any one surviving spouse or former spouse of such participant under this section or section 221, shall exceed 55 percent of the full amount of the participant's annuity, as computed under section 221(a). '(3)(A) In accordance with regulations which the Director shall prescribe, the participant involved may provide for any annuity under this subsection - '(i) by a reduction in the annuity or an allotment from the salary of the participant, '(ii) by a lump-sum payment or installment payments to the fund, or '(iii) by any combination thereof. '(B) The present value of the total amount to accrue to the fund under subparagraph (A) to provide any annuity under this subsection shall be actuarially equivalent in value to such annuity, as calculated upon such tables of mortality as may from time to time be prescribed for this purpose by the Director. '(C) If a former spouse predeceases the participant or remarries before attaining age 60 (or, in the case of a spouse, the spouse does not qualify as a former spouse upon dissolution of the marriage) - '(i) if an annuity reduction or salary allotment under subparagraph (A) is in effect for that spouse or former spouse, the annuity shall be recomputed and paid as if it had not been reduced or the salary allotment terminated, as the case may be, and '(ii) any amount accruing to the fund under subparagraph (A) shall be refunded, but only to the extent that such amount may have exceeded the actuarial cost of providing benefits under this subsection for the period such benefits were provided, as determined under regulations prescribed by the Director. '(D) Under regulations prescribed by the Director, an annuity shall be recomputed (or salary allotment terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under subparagraph (C), in order to reflect a termination or reduction of future benefits under this subsection for a spouse in the event a former spouse of the participant dies or remarries before attaining age 60 and an increased annuity is provided for that spouse in accordance with this section. '(4) An annuity payable under this subsection to a spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60. '(5) Section 291 shall not apply to any annuity under this subsection, unless authorized under regulations by the Director. '(d) Section 221(l) shall not apply - '(1) to any annuity payable under subsection (a) or (b) to any former spouse if the amount of that annuity varies by reason of a spousal agreement or court order under section 263(b), or an election under section 221(b)(1)(B), from the amount which would be calculated under subsection (a)(1) or (b)(1), as the case may be, in the absence of such spousal agreement, court order, or election; or '(2) to any annuity payable under subsection (c). (Amended Pub. L. 99-335, title V, Sec. 501(2), (3), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Added Pub. L. 97-269, title VI, Sec. 606, Sept. 27, 1982, 96 Stat. 1148. For effective date of section, see Effective Date of 1982 Amendment to Pub. L. 88-643, set out below.) 'ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES 'Sec. 223. (a) Any participant or former participant in the Central Intelligence Agency Retirement and Disability System who on November 15, 1982, has a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 222(b). '(b)(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement. '(2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe. '(3) For the purposes of applying this title, any such election shall be treated in the same manner as if it were a spousal agreement under section 263(b). '(c) An election under this section may provide for a survivor benefit based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for survivor benefits for a spouse or any other former spouse of the participant. The participant and his or her spouse may make an election under section 221(b)(1)(B) prior to the time of retirement for the purpose of allowing an election to be made under this section. '(d) The amount of the reduction in the participant's annuity shall be determined in accordance with section 221(b)(2). Such reduction shall be effective as of - '(1) the commencing date of the participant's annuity, in the case of an election under subsection (b)(1), or '(2) November 15, 1982, in the case of an election under subsection (b)(2). (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Added Pub. L. 97-269, title VI, Sec. 607, Sept. 27, 1982, 96 Stat. 1151. For effective date of section, see Effective Date of 1982 Amendment to Pub. L. 88-643, set out below.) 'SURVIVOR BENEFITS FOR CERTAIN OTHER FORMER SPOUSES 'Sec. 224. (a)(1) Any individual who was a former spouse of a participant or former participant on November 15, 1982, shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 per centum of the greater of - '(A) the full amount of the participant's or former participant's annuity, as computed under section 221(a); or '(B) the full amount of what such annuity as so computed would be if the participant or former participant had not withdrawn a lump-sum portion of contributions made with respect to such annuity. '(2) A survivor annuity payable under this section shall be reduced by an amount equal to any survivor annuity payments made to the former spouse under section 223. '(b) A former spouse shall not be entitled to a survivor annuity under this section if - '(1) the former spouse remarries before age fifty-five; or '(2) the former spouse is less than fifty years of age. '(c)(1) The entitlement of a former spouse to a survivor annuity under this section - '(A) shall commence - '(i) in the case of a former spouse of a participant or former participant who is deceased as of the effective date of this section (Oct. 1, 1986), beginning on the later of - '(I) the sixtieth day after such date; or '(II) the date such former spouse reaches age fifty; and '(ii) in the case of any other former spouse, beginning on the lastest (sic) of - '(I) the date that the participant or former participant to whom the former spouse was married dies; '(II) the sixtieth day after the effective date of this section (Oct. 1, 1986); or '(III) the date such former spouse reaches age fifty; and '(B) shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age fifty-five. '(2)(A) A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, within thirty months after the effective date of this section (Oct. 1, 1986). '(B) Upon approval of an application provided under subparagraph (A), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before the effective date of this section (Oct. 1, 1986). '(d) The Director shall - '(1) as soon as possible, but not later than sixty days after the effective date of this section (Oct. 1, 1986), issue such regulations as may be necessary to carry out this section; and '(2) to the maximum extent practicable, and as soon as possible, inform each individual who was a former spouse of a participant or former participant on November 15, 1982, of any rights which such individual may have under this section. (Amended Pub. L. 101-193, title III, Sec. 304(a), Nov. 30, 1989, 103 Stat. 1703. For effective date of amendment, see Effective Date of 1989 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 100-453, title III, Sec. 302(b)(1), Sept. 29, 1988, 102 Stat. 1907. For effective date of amendment, see Effective Date of 1988 Amendment to Pub. L. 88-643, set out below.) (Added Pub. L. 99-569, title III, Sec. 302(a), Oct. 27, 1986, 100 Stat. 3192. Section effective Oct. 1, 1986, see section 302(d) of Pub. L. 99-569, set out as an Effective Date of 1986 Amendment note under section 403n of this title.) 'RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES 'Sec. 225. (a) Any individual who was a former spouse of a participant or a former participant on November 15, 1982 and any former spouse divorced after November 15, 1982, from a participant or former participant who retired before November 15, 1982,, (sic) shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b), to benefits - '(1) if married to the participant throughout the creditable service of the participant, equal to 50 per centum of the benefits of the participant; or '(2) if not married to the participant throughout such creditable service, equal to that former spouse's pro rata share of 50 per centum of such benefits. '(b) A former spouse shall not be entitled to benefits under this section if - '(1) the former spouse remarries before age fifty-five; or '(2) the former spouse is less than fifty years of age. '(c)(1) The entitlement of a former spouse to benefits under this section - '(A) shall commence on the later of - '(i) the day the participant upon whose service benefits are based becomes entitled to benefits under this title; '(ii) the first day of the month in which the divorce or annulment involved becomes final; or '(iii) such former spouse's fiftieth birthday; and '(B) shall terminate on the earlier of - '(i) the last day of the month before the former spouse dies or remarries before fifty-five years of age; or '(ii) the date the benefits of the participant terminate. '(2) Notwithstanding paragraph (1), in the case of any former spouse of a disability annuitant - '(A) the benefits of the former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for benefits under this title (other than disability annuity) or the date the disability annuity begins, whichever is later; and '(B) the amount of benefits of the former spouse shall be calculated on the basis of benefits for which the participant would otherwise so qualify. '(3) Benefits under this section shall be treated the same as an annuity under section 222(a)(6) for purposes of section 221(g)(2) or any comparable provision of law. '(4)(A) Benefits under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, within thirty months after the effective date of this section. The Director may waive the thirty-month application requirement under this subparagraph in any case in which the Director determines that the circumstances so warrant. '(B) Upon approval of an application as provided under subparagraph (A), the appropriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall benefits be payable under this section with respect to any period before the effective date of this section (Dec. 2, 1987). '(d) The Director shall - '(1) as soon as possible, but not later than sixty days after the effective date of this section (Dec. 2, 1987), issue such regulations as may be necessary to carry out this section; and '(2) to the maximum extent practicable, and as soon as possible, inform each individual who was a former spouse of a participant or a former participant on November 15, 1982, of any rights which such individual may have under this section. '(e) Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this title. (Amended Pub. L. 100-453, title III, Sec. 302(c)(1), Sept. 29, 1988, 102 Stat. 1907. For effective date of amendment, see Effective Date of 1988 Amendment to Pub. L. 88-643, set out below.) (Added Pub. L. 100-178, title IV, Sec. 401(a), Dec. 2, 1987, 101 Stat. 1012.) 'SURVIVOR ANNUITIES FOR PREVIOUS SPOUSES AND SECOND CHANCE TO ELECT SURVIVOR ANNUITY FOR CERTAIN SPOUSES 'Sec. 226. (a) The Director shall prescribe regulations under which any previous spouse (including former spouses who are also previous spouses), divorced after the effective date of this section from a participant, former participant, or annuitant whose retirement or disability or FECA (chapter 81 of title 5, United States Code) annuity commences after the effective date of this section, shall be eligible for a survivor annuity to the same extent, and, to the greatest extent practicable, under the same conditions (including reductions to be made in the annuity of the participant) applicable to spouses of participants in the Civil Service Retirement and Disability System (CSRS) married for at least nine months with service creditable under section 8332 of title 5, United States Code. '(b) The Director shall prescribe regulations under which participants, retired participants, and former participants who have separated from service with a deferred annuity may make an election within two years after the effective date of this section (or, if later, at the time of retirement) to receive a reduced annuity, pay a deposit, and provide a survivor annuity for any spouse for whom survivor benefits were not elected at the time of retirement, or (if the marriage occurred after retirement) were not elected in a timely manner, and for any previous spouse (including former spouses who are also previous spouses) who is not eligible for a survivor annuity under subsection (a) of this section, under, to the greatest extent practicable, the same terms and conditions as those prescribed for participants in the Civil Service Retirement and Disability System (CSRS) by the Civil Service Retirement Spouse Equity Act of 1984 (Pub. L. 98-615, see Tables for classification). '(c) As used in this section, the term 'previous spouse' means a former wife or husband who was married for at least nine months to a participant or former participant who had at least eighteen months of service which are creditable under sections 251, 252, and 253 of this Act. '(d) This section shall take effect on the date of enactment of the Intelligence Authorization Act, Fiscal Year 1989 (Sept. 29, 1988). (Added Pub. L. 100-453, title III, Sec. 302(a), Sept. 29, 1988, 102 Stat. 1906.) 'PART D - BENEFITS ACCRUING TO CERTAIN PARTICIPANTS 'RETIREMENT FOR DISABILITY OR INCAPACITY - MEDICAL EXAMINATION - RECOVERY 'Sec. 231. (a) Any participant who has five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with provisions of section 251 or 252(a)(2) and who has become disabled shall, upon his own application or upon order of the Director, be retired on an annuity computed as prescribed in section 221. A participant shall be considered to be disabled only if the participant is found by the Director to be unable, because of disease or injury, to render useful and efficient service in the participant's position and is not qualified for reassignment, under procedures prescribed by the Director, to a vacant position which is in the Agency at the same grade or level and in which the participant would be able to render useful and efficient service. If the disabled or incapacitated participant is under sixty and has less than twenty years of service credit toward his retirement under the system at the time he is retired, his annuity shall be computed on the assumption that he has had twenty years of service, but the additional service credit that may accrue to a participant under this provision shall in no case exceed the difference between his age at the time of retirement and age sixty. Retirement for disability or incapacity may be approved only if the application is submitted before the applicant is separated from the Agency or within one year thereafter. This time limitation may be waived by the Director for a participant or annuitant who at the date of separation from the Agency or within one year thereafter is mentally incompetent, if the application is filed with the Agency within one year from the date of restoration of the participant or annuitant to competency or the appointment of a fiduciary, whichever is earlier. '(b)(1) In each case, the participant shall be given a medical examination by one or more duly qualified physicians or surgeons designated by the Director to conduct examinations, and disability shall be determined by the Director on the basis of the advice of such physicians or surgeons. Unless the disability is permanent, like examinations shall be made annually until the annuitant has reached the statutory mandatory retirement age for his grade as provided in section 235. If the Director determines on the basis of the advice of one or more duly qualified physicans or surgeons conducting such examinations that an annuitant has recovered to the extent that he can return to duty, the annuitant may apply for reinstatement or reappointment in the Agency within one year from the date his recovery is determined. Upon application the Director may reinstate any such recovered disability annuitant in the grade in which he was serving at time of retirement, or the Director may, taking into consideration the age, qualifications, and experience of such annuitant, and the present grade of his comtemporaries in the Agency, appoint him to a grade higher than the one in which he was serving prior to retirement. Payment of the annuity shall continue until a date one year after the date of the examination showing recovery or until the date of reinstatement or reappointment in the Agency, whichever is earlier. Fees for examinations under this provision, together with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the fund. If the annuitant fails to submit to examination as required under this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established. '(2) If the annuitant receiving disability retirement annuity is restored to earning capacity, before becoming sixty years of age, payment of the annuity terminates on reemployment by the Government or 180 days after the end of the calendar year in which earning capacity is restored, whichever is earlier. Earning capacity is restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80 per centum of the current rate of pay of the position occupied at the time of retirement. '(c)(1) If a recovered or restored disability annuitant whose annuity is discontinued is for any reason not reinstated or reappointed in the Agency, he shall be considered except for service credit to have been separated within the meaning of paragraphs (a) and (b) of section 234 as of the date of termination of the disability annuity and he shall, after the discontinuance of the disability annuity, be entitled to the benefits of that section or of section 241(a) except that he may elect voluntary retirement in accordance with the provisions of section 233 if he can qualify under its provisions or he may be placed by the Director in an involuntary status if he qualifies under the provisions of section 235(a). Retirement rights under this section shall be based on the provisions of this title in effect as of the date the disability annuity was discontinued. '(2) If, based on a current medical examination, the Director determines that a recovered annuitant has, before reaching age, sixty-two, again become totally disabled due to recurrence of the disability for which he was originally retired, his terminated disability annuity (same type and rate) is reinstated from the date of such medical examination. If a restored-to-earning-capacity annuitant has not medically recovered from the disability for which retired and establishes to the Director's satisfaction that his income from wages and self-employment in any calendar year before reaching age sixty-two was less than 80 per centum of the pay rate attached to the position from which he retired, his terminated disability annuity (same type and rate) is reinstated from the first of the next following year. If he has been allowed an involuntary or voluntary retirement annuity in the meantime, his reinstated disability annuity is substituted for it unless he elects to retain the former benefit. '(d) No participant shall be entitled to receive an annuity under this title and compensation for injury or disability to himself under the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 751 et seq.) (see 5 U.S.C. 8101 et seq.), covering the same period of time. This provision shall not bar the right of any claimant to the greater benefit conferred by either Act for any part of the same period of time. Neither this provision nor any provision of the said Act of September 7, 1916, as amended, shall be so construed as to deny the right of any participant to receive an annuity under this title by reason of his own services and to receive concurrently any payment under such Act of September 7, 1916, as amended, by reason of the death of any other person. '(e) Notwithstanding any provision of law to the contrary, the right of any person entitled to an annuity under this title shall not be affected because such person has received an award of compensation in a lump sum under section 14 of the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 764) (see 5 U.S.C. 8135), except that where such annuity is payable on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as determined by the Secretary of Labor, shall be refunded to the Department of Labor, to be paid into the Federal employees' compensation fund. Before such person shall receive such annuity he shall (1) refund to the Department of Labor the amount representing such commuted payments for such extended period, or (2) authorize the deduction of such amount from the annuity payable to him under this title, which amount shall be transmitted to such Department for reimbursement to such fund. Deductions from such annuity may be made from accrued and accruing payments, or may be prorated against and paid from accruing payments in such manner as the Secretary of Labor shall determine, whenever he finds that the financial circumstances of the annuitant are such as to warrant such deferred refunding. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Ex. Ord. No. 12443, Sec. 1, Sept. 27, 1983, 48 F.R. 44751. For effective date of amendment, see section 16(b) of Ex. Ord. No. 12443, set out below.) (Amended Pub. L. 94-522, title II, Sec. 205-207, Oct. 17, 1976, 90 Stat. 2470. For effective date of amendments, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) (Amended Ex. Ord. No. 12326, Sec. 2, Sept. 30, 1981, 46 F.R. 48889. For effective date of amendment, see section 7(b) of Ex. Ord. No. 12326, set out below.) 'DEATH IN SERVICE 'Sec. 232. (a) In case a participant dies and no claim for annuity is payable under the provisions of this title, his contributions to the fund, with interest at the rates prescribed in sections 241 (a) and 281(a), shall be paid in the order of precedence shown in section 241(b). '(b)(1) If a participant, who has at least eighteen months of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is survived by a widow or a widower, as defined in section 204, or by a former spouse qualifying for a survivor annuity under section 222(b), such widow or widower shall be entitled, to the extent of available appropriations, to an annuity equal to 55 per centum of the annuity computed in accordance with paragraphs (2) and (3) of this subsection and section 221(a), and any such surviving former spouse shall be entitled, to the extent of available appropriations, to an annuity computed in accordance with section 222(b) and paragraph (2) of this subsection as if the participant died after being entitled to an annuity under this Act. The annuity of such widow, widower, or former spouse shall commence on the date following death of the participant and shall terminate upon death or remarriage prior to attaining age sixty of the widow, widower, or former spouse (subject to the payment and restoration provisions of sections 221(g) and 222(b)(3)). Payment of death-in-service benefits for former spouses is also subject to paragraph (4) of this subsection. '(2) The annuity payable under paragraph (1) shall be computed in accordance with section 221(a), except that the computation of the annuity of the participant under such section shall be at least the smaller of (A) 40 per centum of the participant's average basic salary, or (B) the sum obtained under such section after increasing the participant's service of the type last performed by the difference between the participant's age at the time of death and age sixty. '(3) Notwithstanding paragraph (1), if the participant had a former spouse qualifying for an annuity under section 222(b), the annuity of a widow or widower under this section shall be subject to the limitation of section 221(b)(3)(B), and the annuity of a former spouse under this section shall be subject to the limitation of section 222(b)(4)(B). '(4) If a former spouse eligible for death-in-service benefits under provisions of this section is or becomes eligible for survivor benefits under section 224, the benefits provided under this section will not be payable and will be superseded by the benefits provided in section 224. '(c) If a participant who has at least eighteen months of service credit toward retirement under the system excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is survived by a wife or a husband and a child or children, each surviving child shall be entitled to an annuity computed in accordance with the provisions of section 221(c)(1). The child's annuity shall begin and be terminated in accordance with the provisions of section 221(e). Upon the death of the surviving wife or husband or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though such wife or husband or child had not survived the participant. '(d) If a participant who has at least eighteen months of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is not survived by a wife or husband, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with the provisions of section 221(c)(2). The child's annuity shall begin and terminate in accordance with the provisions of section 221(e). Upon termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though that child had never been entitled to the benefit. (Amended Pub. L. 101-193, title III, Sec. 303, Nov. 30, 1989, 103 Stat. 1703.) (Amended Pub. L. 100-178, title IV, Sec. 402(a), Dec. 2, 1987, 101 Stat. 1013. For effective date of amendment, see Effective Date of 1987 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Pub. L. 94-522, title II, Sec. 208, Oct. 17, 1976, 90 Stat. 2471. For effective date of amendment, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 91-185, Sec. 4, Dec. 30, 1969, 83 Stat. 848. For effective date of amendment, see Effective Date of 1969 Amendments to Pub. L. 88-643, set out below.) 'VOLUNTARY RETIREMENT 'Sec. 233. Any participant in the system who is at least fifty years of age and has rendered twenty years of service may on his own application and with the consent of the Director be retired from the Agency and receive benefits in accordance with the provisions of section 221 provided he has not less than ten years of service with the Agency of which at least five shall have been qualifying service. 'DISCONTINUED SERVICE BENEFITS 'Sec. 234. (a) Subject to the limitations contained in subsections (c), (d), and (e), any participant who separates from the Agency after having performed not less than five years of service with the Agency, may, upon separation from the Agency or at any time prior to becoming eligible for an annuity, elect to have his contributions to the fund returned to him in accordance with the provisions of section 241, or (except in cases where the Director determines that separation was based in whole or in part on the ground of disloyalty to the United States) to leave his contributions in the fund and receive an annuity, computed as prescribed in section 221, commencing at the age of sixty-two years. '(b) If a participant who has qualified in accordance with the provisions of paragraph (a) of this section to receive a deferred annuity commencing at the age of sixty-two dies before reaching the age of sixty-two his contributions to the fund, with interest, shall be paid in accordance with the provisions of sections 241 and 281. '(C) ((c)) Whenever a participant becomes separated from the Agency without becoming eligible for an annuity or a deferred annuity under this title and becomes entitled to receive a lump-sum payment under this section or section 241, a share of that lump-sum payment shall be paid to any former spouse of the participant in accordance with subsections (d) and (e). '(d) Unless otherwise expressly provided by any spousal agreement or court order under section 263(b), the amount of a participant's or former participant's lump-sum credit under this section or under section 241 payable to a former spouse of that participant shall be - '(1) if the former spouse was married to the participant throughout the period of creditable service of the participant, 50 percent of such lump-sum credit to which such participant would be entitled in the absence of this subsection; or '(2) if such former spouse was not married to the participant throughout such creditable service, an amount equal to a proportion of 50 percent of such lump-sum credit which is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this title bears to the total number of days of such creditable service. Such lump-sum credit of the participant shall be reduced by the amount of the lump-sum credit payable to the former spouse. '(e) A lump-sum payment under this section or section 241 of this title may be paid by the Director to or for the benefit of a participant - '(1) only upon written notification by the Director to a current spouse of the participant, if any; and '(2) only if the express written concurrence of that spouse has been received by the Director. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Pub. L. 97-269, title VI, Sec. 608, Sept. 27, 1982, 96 Stat. 1152. For effective date of amendment, see Effective Date of 1982 Amendment to Pub. L. 88-643, set out below.) 'MANDATORY RETIREMENT 'Sec. 235. (a) The Director may in his discretion place in a retired status any participant who has completed at least twenty-five years of service, or who is at least fifty years of age and has completed at least twenty years of service, provided such participant has not less than ten years of service with the Agency of which at least five shall have been qualifying service. A participant who is separated involuntarily from service, except by removal for cause on charges of misconduct or delinquency, is entitled to an annuity only if the participant has not declined a reasonable offer of another position for which he or she is qualified, which is not lower than two grades below his or her current position and which is in the same commuting area. Voluntary early retirements will be permitted only if a major reorganization, reduction in force, or transfer of function will result in a significant number of participants being separated or immediately reduced in pay. Participants retired under this subsection shall receive retirement benefits in accordance with the provisions of section 221. '(b) Any participant in the system receiving compensation at the rate of grade GS-18 or above shall be automatically separated from the Agency upon reaching the age of sixty-five. Any participant in the system receiving compensation at a rate less than grade GS-18 shall be automatically separated from the Agency upon reaching the age of sixty. Such separation shall be effective on the last day of the month in which a participant reaches age sixty or sixty-five, as specified in this section, but whenever the Director shall determine it to be in the public interest, he may extend such participant's service for a period not to exceed five years. A participant separated under the provisions of this section who has completed five years of Agency service shall receive retirement benefits in accordance with the provisions of section 221 of this title. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Ex. Ord. No. 12443, Sec. 13, Sept. 27, 1983, 48 F.R. 44754. For effective date of amendment, see section 16(a) of Ex. Ord. No. 12443, set out below.) 'ELIGIBILITY FOR ANNUITY 'Sec. 236. A participant must complete, within the last two years before any separation from service, except a separation because of death or disability, at least one year of creditable civilian service during which he or she is subject to this title before he or she or his or her survivors are eligible for an annuity under this title based on the separation. If a participant, except a participant separated from the service because of death or disability, fails to meet the service requirement of the preceding sentence, the amounts deducted from his or her pay during the period for which no eligibility is established based on the separation shall be returned to him or her on the separation. Failure to meet this service requirement does not deprive the individual or his or her survivors of annuity rights which attached on a previous separation. (Added Pub. L. 101-193, title III, Sec. 302(2), Nov. 30, 1989, 103 Stat. 1703.) 'LIMITATION ON NUMBER OF RETIREMENTS 'Sec. 237. The number of participants retiring on an annuity pursuant to sections 233, 234, and 235 of this title shall not exceed a total of four hundred during the period ending on June 30, 1969, nor a total of twenty-one hundred during the period beginning on July 1, 1969, and ending on June 30, 1974, nor a total of fifteen hundred during the period beginning on July 1, 1974, and ending on June 30, 1979. (Formerly Sec. 236, renumbered Sec. 237, Pub. L. 101-193, title III, Sec. 302(1), Nov. 30, 1989, 103 Stat. 1703.) (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Pub. L. 93-31, May 8, 1973, 87 Stat. 65.) (Amended Pub. L. 91-626, Sec. 4, Dec. 31, 1970, 84 Stat. 1873.) 'PART E - DISPOSITION OF CONTRIBUTIONS AND INTEREST IN EXCESS OF BENEFITS RECEIVED 'Sec. 241. (a) Whenever a participant becomes separated from the Agency, or is transferred to a position in which he is not subject to this title, for at least thirty-one consecutive days without becoming eligible for an annuity in accordance with the provisions of this title, the total amount of contributions from his salary with interest thereon at 4 percent per year to December 31, 1947, and 3 percent per year thereafter compounded annually to December 31, 1956, except as provided in section 281, shall, upon application, be returned to him. The return of contributions shall be made only if the participant is not reemployed in a position in which he is subject to this title at the time he files the application for refund and will not become eligible for an annuity within thirty-one days after filing such application. The receipt of the payment of the lump-sum credit by the participant voids all annuity rights under this title based on the service on which the lump-sum credit is based, until the participant is reemployed in the service subject to this title. The payment of the lump-sum credit shall include amounts deposited by a participant covering earlier service as well as any amounts deposited under section 252(h). '(b) In the event that the total contributions of a retired participant, other than voluntary contributions made in accordance with the provisions of section 281, with interest at the rates provided in paragraph (a) of this section added thereto, exceed the total amount returned to such participant or to an annuitant claiming through him, in the form of annuities, the excess of the accumulated contributions over the accumulated annuity payments shall be paid in the following order of precedence, upon the establishment of a valid claim therefor, and such payment shall be a bar to recovery by any other person: '(1) To the beneficiary or beneficiaries designated by such participant in a signed and witnessed writing received by the Agency before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect; '(2) If there be no such beneficiary to the surviving wife or husband of such participant; '(3) If none of the above, to the child or children of such participant and descendants of deceased children by representation; '(4) If none of the above, to the parents of such participant or the survivor of them; '(5) If none of the above, to the duly appointed executor or administrator of the estate of such participant; '(6) If none of the above, to other next of kin of such participant as may be determined by the Director in his judgment to be legally entitled thereto. '(c) No payment shall be made pursuant to paragraph (b)(6) of this section until after the expiration of thirty days from the death of the retired participant or his surviving annuitant. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Ex. Ord. No. 12443, Sec. 5, Sept. 27, 1983, 48 F.R. 44752. For effective date of amendment, see section 16(a) of Ex. Ord. No. 12443, set out below.) (Amended Pub. L. 94-522, title II, Sec. 209, Oct. 17, 1976, 90 Stat. 2471. For effective date of amendment, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) 'PART F - PERIOD OF SERVICE FOR ANNUITIES 'COMPUTATION OF LENGTH OF SERVICE 'Sec. 251. (a) For the purposes of this title, the period of service of a participant shall be computed from the date he becomes a participant under the provisions of this title, but all periods of separation from the Agency and so much of any leaves of absence without pay as may exceed six months in the aggregate in any calendar year shall be excluded, except leaves of absence while receiving benefits under chapter 81 of title 5, United States Code, or any earlier statute on which such chapter is based, and leaves of absence granted participants while performing active and honorable military or naval service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States. A participant or former participant who returns to Government duty after a period of separation shall have included in his period of service that part of the period of separation in which he was receiving benefits under chapter 81 of title 5, United States Code, or any earlier statute on which such chapter is based. '(b) The Director of Central Intelligence may from time to time establish, in consultation with the Secretary of State, a list of places outside the United States which by reason of climatic or other extreme conditions are to be classed as unhealthful posts. Each year of duty at such posts, inclusive of regular leaves of absence, shall be counted as one and a half years in computing the length of service of a participant under this title for the purpose of retirement, fractional months being considered as full months in computing such service. No extra credit for service at such unhealthful posts shall be credited to any participant who is paid a differential under section 5925 or 5928 of title 5, United States Code, for such service. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Pub. L. 99-169, title VII, Sec. 702, Dec. 4, 1985, 99 Stat. 1008.) (Amended Pub. L. 94-522, title II, Sec. 210, Oct. 17, 1976, 90 Stat. 2471. For effective date of amendment, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) 'PRIOR SERVICE CREDIT 'Sec. 252. (a) A participant may, subject to the provisions of this section, include in this period of service - '(1) civilian service in the executive, judicial, and legislative branches of the Federal Government and in the District of Columbia government, prior to becoming a participant; and '(2) active and honorable military or naval service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States prior to the date of the separation upon which title to annuity is based or active and honorable service in the Regular or Reserve Corps of the Public Health Service after June 30, 1960, or as a commissioned officer of the National Oceanic and Atmospheric Administration after June 30, 1961. '(b) A participant may obtain prior civilian service credit in accordance with the provisions of paragraph (a)(1) of this section by making a special contribution to the fund equal to the percentage of his basic annual salary for each year of service for which credit is sought specified with respect to such year in the table relating to employees contained in section 4(c) of the Civil Service Retirement Act (5 U.S.C. 2254(c)) (see 5 U.S.C. 8334), together with interest computed as provided in section 4(e) of such Act (5 U.S.C. 2254(e)). Any such participant may, under such conditions as may be determined in each instance by the Director, pay such special contributions in installments. '(c)(1) If an officer or employee under some other Government retirement system becomes a participant in the system by direct transfer, the Government's contributions (including interest accrued thereon computed at the rate of 3 per centum a year compounded annually) under such retirement system on behalf of the officer or employee shall be transferred to the fund and such officer or employee's total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to his credit in the fund effective as of the date such officer or employee becomes a participant in the system. Each such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered prior to becoming a participant in the system. '(2) If a participant in the system becomes an employee under another Government retirement system by direct transfer to employment covered by such system, the Government's contributions (including interest accrued thereon computed at the rate of 3 per centum a year compounded annually) to the fund on his behalf shall be transferred to the fund of the other system and his total contributions and deposits, including interest accrued thereon, except voluntary contributions, shall be transferred to his credit in the fund of such other retirement system effective as of the date he becomes eligible to participate in such other retirement system. Each such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete discharge and acquittance of all claims and demands against the fund on account of service rendered prior to his becoming eligible for participation in such other system. '(3) No participant, whose contributions are transferred to the fund in accordance with the provisions of paragraph (c)(1) of this section, shall be required to make contributions in addition to those transferred for periods of service for which full contributions were made to the other Government retirement fund, nor shall any refund be made to any such participant on account of contributions made during any period to the other Government retirement fund at a higher rate than that fixed for employees by section 4(c) of the Civil Service Retirement Act (5 U.S.C. 2254(c)) (see 5 U.S.C. 8334) for contributions to the fund. '(4) No participant, whose contributions are transferred to the fund in accordance with the provisions of paragraph (c)(1) of this section, shall receive credit for periods of service for which a refund of contributions has been made, or for which no contributions were made to the other Government retirement fund. A participant may, however, obtain credit for such prior service by making a special contribution to the fund in accordance with the provisions of paragraph (b) of this section. '(d) No participant may obtain prior civilian service credit toward retirement under the system for any period of civilian service on the basis of which he is receiving or will in the future be entitled to receive any annuity under another retirement system covering civilian personnel of the Government. '(e)(1) A participant may obtain prior military or naval service credit in accordance with the provisions of paragraph (a)(2) of this section by applying for it to the Director prior to retirement or separation from the Agency. '(2) However, in the case of a participant who is eligible for and receives retired pay on account of military or naval service, the period of service upon which such retired pay is based shall not be included, except that in the case of a participant who is eligible for and receives retired pay on account of a service-connected disability incurred in combat with an enemy of the United States or caused by an instrumentality of war and incurred in line of duty during a period of war (as that term is used in section 301 of title 38, United States Code), or is awarded under chapter 67 of title 10 of the United States Code, the period of such military or naval service shall be included. '(3) Except as provided in paragraphs (1) and (2) of this subsection, the service of an individual who first becomes a Federal employee before October 1, 1982 shall include credit for each period of military service performed before the date of the separation on which the entitlement to an annuity under this subsection is based, subject to section 252(f); and the service of an individual who first becomes a Federal employee on or after October 1, 1982 shall include credit for: '(i) each period of military service performed before January 1, 1957, and '(ii) each period of military service performed after December 31, 1956, and before separation on which the entitlement to annuity under this section is based, only if a deposit (with interest, if any) is made with respect to that period as provided in subsection (h) of this section. '(f)(1) Notwithstanding any other provision of this section or section 253 any military service (other than military service covered by military leave with pay) performed by a participant after December 1956 shall be excluded in determining the aggregate period of service upon which an annuity payable under this title to such participant or to his widow or child is to be based, if such participant or widow or child is entitled (or would upon proper application be entitled) at the time of such determination, to monthly old-age or survivors' benefits under section 202 of the Social Security Act, as amended (42 U.S.C. 402), based on such participant's wages and self-employment income. If in the case of the participant or widow such military service is not excluded under the preceding sentence, but upon attaining age sixty-two, he or she becomes entitled (or would upon proper application be entitled) to such benefits, the aggregate period of service upon which such annuity is based shall be redetermined, effective as of the first day of the month in which he or she attains such age, so as to exclude such service. '(2) The provisions of paragraph (1) above relating to credit for military service shall not apply to - '(A) any period of military service of a participant with respect to which he or she has made a deposit with interest, if any, under section 252(e) of this title; or '(B) the military service of any participant who has been awarded retired pay on account of a service-connected disability caused by an instrumentality of war and incurred in the line of duty during a period of war as that term is defined in section 301 of Title 38 of the United States Code. '(3) The annuity recomputation required by paragraph (1) above shall not apply to any individual who was entitled to an annuity under this section on or before September 8, 1982. Instead of an annuity recomputation, the annuities of such individuals shall be reduced at age 62 by an amount equal to a fraction of their Social Security benefit. This reduction shall be computed by multiplying their monthly Social Security benefit by a fraction, the numerator of which is their total military wages that were subject to Social Security deductions and the denominator of which is their total lifetime wages, including military wages, that were subject to Social Security deductions. The reductions so computed shall not be permitted to be greater than the reductions that will be required by paragraph (1) if that paragraph applied to the individual for that period. The new formula shall be applicable to all annuity payments payable after October 1, 1982, including annuity payments to those individuals who had previously reached age 62 and whose annuities had already been recomputed. '(g) For the purpose of survivor annuity, special contributions authorized by paragraphs (b), (c)(4), and (h) of this section may also be made by the survivor of a participant. '(h)(1) Each participant who has performed military service before the date of separation on which the entitlement to any annuity under this section is based may pay, in accordance with rules issued by the Director, to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of Title 37 of the United States Code to the participant for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide, or if the Director or his designee determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4). '(2) Any deposit made under paragraph (1) of this subsection more than two years after the later of - '(A) October 1, 1983; or '(B) the date on which the participant making the deposit first becomes an employee of the Federal government - shall include interest on such amount computed and compounded annually beginning on the date of expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (b) of this section. '(3) Any payment received by the Agency under this subsection shall be immediately remitted to the Office of Finance for deposit in the Treasury of the United States to the Credit of the CIARDS Fund. '(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Director as the Director may determine to be necessary for the administration of this subsection. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827.) (Amended Ex. Ord. No. 12443, Sec. 9-11, 15, Sept. 27, 1983, 48 F.R. 44753, 44755. For effective date of amendments, see section 16(a), (g), (i) of Ex. Ord. No. 12443, set out below.) (Amended Pub. L. 94-522, title II, Sec. 211, Oct. 17, 1976, 90 Stat. 2471. For effective date of amendment, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 91-626, Sec. 5, 6, Dec. 31, 1970, 84 Stat. 1872.) 'CREDIT FOR SERVICE WHILE ON MILITARY LEAVE 'Sec. 253. (a) A participant who, during the period of any war, or of any national emergency as proclaimed by the President or declared by the Congress, has left or leaves his position to enter the military service shall not be considered, for the purposes of this title, as separated from his Agency position by reason of such military service, unless he shall apply for and receive a refund of contributions under this title: Provided, That such participant shall not be considered as retaining his Agency position beyond December 31, 1956, or the expiration of five years of such military service, whichever is later. '(b) Contributions shall not be required covering periods of leave of absence from the Agency granted a participant while performing active military or naval service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'PART G - MONEYS 'ESTIMATE OF APPROPRIATIONS NEEDED 'Sec. 261. (a) The Director shall prepare the estimates of the annual appropriations required to be made to the fund, and shall cause to be made actuarial valuations of the fund at intervals of five years, or oftener if deemed necessary by him. '(b) Any statute which authorizes - '(1) new or liberalized benefits payable from the fund under this title, including annuity increases other than under section 291 of this title; '(2) extension of the coverage of this title to new groups of employees; or '(3) increases in salary on which benefits are computed is deemed to authorize appropriations to the fund to finance the unfunded liability created by that statute in thirty equal annual installments with interest computed at the rate used in the then most recent valuation of the System and with the first payment thereof due as of the end of the fiscal year in which each new or liberalized benefit, extension of coverage, or increase in salary is effective. '(c) There is hereby authorized to be appropriated to the fund each fiscal year, beginning with fiscal year 1977 such amounts as may be necessary to meet the amount of normal cost for each year which is not met by contributions under section 211(a). '(d) There is hereby authorized to be appropriated to the fund each fiscal year such sums as may be necessary to provide the amount equivalent to (1) interest on the unfunded liability computed for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annuities for that year which the Director estimates is attributable to credit allowed for military service, less an amount determined by the Director to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 252(e), and, not to exceed the following percentages of such amounts: 70 per centum for 1977; 80 per centum for 1978; 90 per centum for 1979; and 100 per centum for 1980 and for each fiscal year thereafter. (Amended Pub. L. 99-335, title V, Sec. 501(2), (3), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Ex. Ord. No. 12443, Sec. 12, Sept. 27, 1983, 48 F.R. 44754. For effective date of amendment, see section 16(a) of Ex. Ord. No. 12443, set out below.) (Amended Pub. L. 94-522, title I, Sec. 102, Oct. 17, 1976, 90 Stat. 2467. For effective date of amendment, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) 'INVESTMENT OF MONEYS IN THE FUND 'Sec. 262. The Director may, with the approval of the Secretary of the Treasury, invest from time to time in interest-bearing securities of the United States such portions of the fund as in his judgment may not be immediately required for the payment of annuities, cash benefits, refunds, and allowances, and the income derived from such investments shall constitute a part of such fund. 'ATTACHMENT OF MONEYS 'Sec. 263. (a) Except as provided in subsection (b) of this section, none of the moneys mentioned in this title shall be assignable either in law or equity, or be subject to execution, levy, attachment, garnishment, or other legal process. '(b) Payments under this title which would otherwise be made to a participant or the child, survivor, or former spouse of a participant based upon the service of the participant shall be paid (in whole or in part) by the Director directly to the participant, or child, survivor, or former spouse of the participant according to the terms of any legally enforceable spousal agreement or recognized court decree of divorce, annulment, or legal separation between the participant and that former spouse, or the terms of any recognized court order or court-approved property settlement agreement incident to any such spousal agreement or court decree of divorce, annulment, or legal separation. Any payment under this subsection to a party to a spousal agreement, or court decree of divorce, annulment, or legal separation or property settlement agreement incident thereto shall bar recovery by any other person. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Pub. L. 97-269, title VI, Sec. 609, Sept. 27, 1982, 96 Stat. 1153. For effective date of amendment, see Effective Date of 1982 Amendment to Pub. L. 88-643, set out below.) 'RECOVERY OF PAYMENTS 'Sec. 264. Recovery of payments under this Act may not be made from an individual when in the judgment of the Director, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this Act on account of a certification or payment made by a former employee of the Central Intelligence Agency in the discharge of his official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee. (Added Pub. L. 94-522, title II, Sec. 212, Oct. 17, 1976, 90 Stat. 2471. For effective date of section, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) 'PART H - RETIRED PARTICIPANTS RECALLED, REINSTATED, OR REAPPOINTED IN THE AGENCY, OR REEMPLOYED IN THE GOVERNMENT 'RECALL 'Sec. 271. (a) The Director may, with the consent of any retired participant, recall such participant to duty in the Agency whenever he shall determine such recall is in the public interest. '(b) Any such participant recalled to duty in the Agency in accordance with the provisions of paragraph (a) of this section or reinstated or reappointed in accordance with the provisions of section 231(b) shall, while so serving, be entitled in lieu of his annuity to the full salary of the grade in which he is serving. During such service, he shall make contributions to the fund in accordance with the provisions of section 211. When he reverts to his retired status, his annuity shall be determined anew in accordance with the provisions of section 221. 'REEMPLOYMENT 'Sec. 272. Notwithstanding any other provision of law, a participant retired under the provisions of this title shall not by reason of his retired status, be barred from employment in Federal Government service in any appointive position for which he is qualified. An annuitant so reemployed shall serve at the will of the appointing officer. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'REEMPLOYMENT COMPENSATION 'Sec. 273. (a) Notwithstanding any other provision of law, any annuitant who has retired under this title and who is reemployed in the Federal Government service in any appointive position either on a part-time or full-time basis shall be entitled to receive his annuity payable under this title, but there shall be deducted from his salary a sum equal to the annuity allocable to the period of actual employment. '(b) In the event of any overpayment under this section, such overpayment shall be recovered by withholding the amount involved from the salary payable to such reemployed annuitant, or from any other moneys, including his annuity, payable in accordance with the provisions of this title. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'PART I - VOLUNTARY CONTRIBUTIONS 'Sec. 281. (a) Any participant may, at his option and under such regulations as may be prescribed by the Director, deposit additional sums in multiples of 1 per centum of his basic salary, but not in excess of 10 per centum of such salary, which amounts together with interest at 3 per centum per annum through December 31, 1984, and thereafter at the rate computed under Section 8334(e) of Title 5 of the United States Code, compounded annually as of December 31, and proportionately for the period served during the year of his retirement, including all contributions made during or for such period, shall, at the date of his retirement and at his election, be - '(1) returned to him in lump sum; '(2) used to purchase an additional life annuity; '(3) used to purchase an additional life annuity for himself and to provide for a cash payment on his death to a beneficiary whose name shall be notified in writing to the Director by the participant; or '(4) used to purchase an additional life annuity for himself and a life annuity commencing on his death payable to a beneficiary whose name shall be notified in writing to the Director by the participant with a guaranteed return to the beneficiary or his legal representative of an amount equal to the cash payment referred to in subparagraph (3) above. '(b) The benefits provided by subparagraphs (2), (3), or (4) of paragraph (a) of this section shall be actuarially equivalent in value to the payment provided for by subparagraph (a)(1) of this section and shall be calculated upon such tables of mortality as may be from time to time prescribed for this purpose by the Director. '(c) In case a participant shall become separated from the Agency for any reason except retirement on an annuity, the amount of any additional deposits with interest at 3 per centum per annum, compounded as is provided in paragraph (a) of this section, made by him under the provisions of said paragraph (a) shall be refunded in the manner provided in section 241 for the return of contributions and interest in the case of death or separation from the Agency. '(d) Any benefits payable to a participant or to his beneficiary in respect to the additional deposits provided under this section shall be in addition to the benefits otherwise provided under this title. (Amended Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Ex. Ord. No. 12443, Sec. 3, Sept. 27, 1983, 48 F.R. 44751. For effective date of amendment, see section 16(c) of Ex. Ord. No. 12443, set out below.) 'PART J - COST-OF-LIVING ADJUSTMENT OF ANNUITIES 'Sec. 291. (a) On the basis of determination made by the Director pertaining to per centum change in the Price Index, the following adjustments shall be made: '(1) Except as provided in subsection (b) of this Section, effective March 1 of each year each annuity payable from the Fund under this title having a commencing date not later than such March 1 shall be increased by the percent change in the Price Index published for December of the preceding year, adjusted to the nearest one-tenth of one percent. '(2) (Omitted. Ex. Ord. No. 12326, Sec. 4, Sept. 30, 1981, 46 F.R. 48889) '(b) Eligibility for an annuity increase under this Section shall be governed by the commencing date of each annuity payable from the Fund under this title as of the effective date of an increase, except as follows: '(1) The first cost-of-living increase (if any) made under subsection (a) of this Section to an annuity which is payable from the Fund under this title to a participant who retires or to the widow or widower of a deceased participant whose annuity has not been increased under this subsection or subsection (a) of this Section, shall be equal to the product (adjusted to the nearest one-tenth of one percent) of - '(A) one-twelfth of the applicable percent change computed under subsection (a) of this Section, multiplied by '(B) the number of months (counting any portion of a month as a month) - '(i) for which the annuity was payable from the Fund under this title before the effective date of the increase, or '(ii) in the case of a widow or widower of a deceased annuitant whose annuity was first payable to the deceased annuitant. '(2) Effective from its commencing date, an annuity payable from the fund under this title to an annuitant's survivor (other than a child entitled under section 221(c)), which annuity commences the day after annuitant's death and after January 1, 1967, shall be increased by the total per centum increase the annuitant was receiving under this section at death; or if death occurred between January 1, 1967, and date of enactment, the per centum increase the annuitant would have received. '(3) For the purpose of computing the annuity of a child under section 221(c) that commences after October 31, 1969, the items $900, $1,080, $2,700, and $3,240 appearing in section 221(c) shall be increased by the total per centum increases allowed and in force under this section on or after such day, and, in case of a deceased annuitant, the items 60 per centum and 75 per centum appearing in section 221(c) shall be increased by the total per centum allowed and in force to the annuitant under this section on or after such day. '(4) The annuity of each surviving child receiving an annuity under section 221 immediately prior to November 1, 1969, shall be recomputed effective November 1, 1969, in accordance with paragraph (b)(2). No increase allowed and in force prior to such date under section 291 shall be included in the recomputation of any such annuity, and this paragraph shall not operate to reduce any annuity. '(c) Any annuity increased under this section shall be decreased by the amount of increase in force and effect with respect to that annuity under section 291 prior to the date of enactment of this subsection. '(d) The term 'price index' shall mean the Consumer Price Index (all items - United States city average) published monthly by the Bureau of Labor Statistics. The term 'base month' shall mean the month of October 1966 for the first increase under section 291(a)(2) and thereafter the month for which the price index showed a per centum rise forming the basis for a cost-of-living annuity increase. '(e) No increase in annuity provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions. '(f) The monthly installment of annuity after adjustment under this section shall be rounded to the next lowest dollar, except that such installment shall, after adjustment, reflect an increase of at least $1. '(g)(1) An annuity shall not be increased by reason of an adjustment under this section to an amount which exceeds the greater of - '(A) the maximum pay payable for GS-15 thirty days before the effective date of the adjustment under this section; or '(B) the final pay (or average pay, if higher) of the participant with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the General Schedule under subchapter I of chapter 53 of title 5 of the United States Code during the period - '(i) beginning on the date the annuity commenced (or, in the case of a survivor of the participant, the date of the participant's annuity commenced), and '(ii) ending on the effective date of the adjustment under this section. '(2) For the purposes of paragraph (1) of this subsection, 'pay' means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds. (Amended Pub. L. 99-335, title V, Sec. 501(3), June 6, 1986, 100 Stat. 622. Amendment effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (Amended Ex. Ord. No. 12443, Sec. 6, 14, Sept. 27, 1983, 48 F.R. 44752, 44754. For effective date of amendments, see section 16(e), (h) of Ex. Ord. No. 12443, set out below.) (Amended Ex. Ord. No. 12326, Sec. 4, Sept. 30, 1981, 46 F.R. 48889. For effective date of amendments, see section 7(d) of Ex. Ord. No. 12326, set out below.) (Amended Pub. L. 94-361, title VIII, Sec. 801(b), July 14, 1976, 90 Stat. 929.) (Amended Pub. L. 93-210, Sec. 1(a), Dec. 28, 1973, 87 Stat. 908. For effective date of amendment, see Effective Date of 1973 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 91-185, Sec. 5, Dec. 30, 1969, 83 Stat. 849. For effective date of amendment, see Effective Date of 1969 Amendment to Pub. L. 88-643, set out below.) (Amended Pub. L. 90-539, Sept. 30, 1968, 82 Stat. 902.) (Cost-of-Living Adjustment of Retired Pay or Retainer Pay of Members and Former Members of Armed Forces and Commissioned Officers of National Oceanic and Atmospheric Administration and Public Health Service, and Effective Date of 1976 Amendment, see Pub. L. 94-361, title VIII, Sec. 801(c), July 14, 1976, 90 Stat. 929, set out as a note under section 1401a of Title 10, Armed Forces.) 'PART K - CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM 'AUTHORITY TO MAINTAIN EXISTING AREAS OF CONFORMITY BETWEEN CIVIL SERVICE AND CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEMS 'Sec. 292. (a) Whenever the President determines that it would be appropriate for the purpose of maintaining existing conformity between the Civil Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System with respect to substantially identical provisions, he may, by Executive order, extend to current or former participants in the Central Intelligence Agency Retirement and Disability System, or to their survivors, a provision of law enacted after January 1, 1975, which: '(1) amends subchapter III, chapter 83, title 5, United States Code, and is applicable to civil service employees generally, or '(2) otherwise affects current or former participants in the Civil Service Retirement and Disability System, or their survivors. Any such order shall extend such provision of law so that it applies in like manner with respect to such Central Intelligence Agency Retirement and Disability System participants, former participants, or survivors. Any such order shall have the force and effect of law and may be given retroactive effect to a date not earlier than the effective date of the corresponding provision of law applicable to employees under the Civil Service Retirement System. '(b) Any provisions of an Executive order issued pursuant to this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith - '(1) all provisions of law enacted prior to the effective date of the provision of such Executive order, and '(2) any prior provision of an Executive order issued under authority of this section. (Added Pub. L. 94-522, title II, Sec. 213, Oct. 17, 1976, 90 Stat. 2471, 2472. For effective date of section, see Effective Date of 1976 Amendment to Pub. L. 88-643, set out below.) 'THRIFT SAVINGS FUND PARTICIPATION BY PARTICIPANTS IN THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM 'Sec. 293. (a) Participants in the Central Intelligence Agency Retirement and Disability System shall be deemed to be employees for the purposes of section 8351 of title 5, United States Code. '(b) Subsections (k) and (m) of section 8461 of title 5, United States Code, shall apply with respect to contributions made by officers and employees of the Agency to the Thrift Savings Fund under section 8351 of such title, and to earnings attributable to the investment of such contributions. (Added Pub. L. 99-335, title V, Sec. 504, June 6, 1986, 100 Stat. 623. Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'ALTERNATIVE FORMS OF ANNUITIES 'Sec. 294. (a) The Director shall prescribe regulations under which an officer or employee of the Agency may, at the time of retiring under this title (other than under section 231), elect annuity benefits under this section instead of any other benefits under this title (including any survivor benefits under this title) based on the service of the officer or employee creditable under this title. The regulations and alternatives shall, to the maximum extent practicable, meet the requirements prescribed in section 8343a of title 5, United States Code. '(b) Notwithstanding any other provision of law, any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits provided under such subsection. '(c) The Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. (Added Pub. L. 99-335, title V, Sec. 505, June 6, 1986, 100 Stat. 624. Section effective June. 6, 1986, see section 702(b)(5) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'PAYMENTS FROM CIARDS FUND FOR PORTIONS OF CERTAIN CIVIL SERVICE RETIREMENT SYSTEM ANNUITIES 'Sec. 295. Notwithstanding any other provision of law, the amount of the increase in any annuity that results from the application of section 18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403r), if and when such increase is based on an individual's overseas service as an employee of the Central Intelligence Agency, shall be paid from the fund. (Added Pub. L. 101-193, title III, Sec. 307(b), Nov. 30, 1989, 103 Stat. 1707.) 'TITLE III - PARTICIPATION IN THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM 'APPLICATION OF FEDERAL EMPLOYEES' RETIREMENT SYSTEM TO AGENCY EMPLOYEES 'Sec. 301. (a) Except as provided in subsections (b) and (c), all officers and employees of the Agency, any of whose service after December 31, 1983, is employment for the purpose of title II of the Social Security Act (42 U.S.C. 401 et seq.) and chapter 21 of the Internal Revenue Code of 1986 (26 U.S.C. 3101 et seq.), shall be subject to chapter 84 of title 5, United States Code. '(b) Participants in the Central Intelligence Agency Retirement and Disability System who were participants in such system on or before December 31, 1983, and who have not had a break in service in excess of 1 year since that date, are not subject to chapter 84 of title 5, United States Code, without regard to whether they are subject to title II of the Social Security Act (42 U.S.C. 401 et seq.). '(c)(1) The provisions of chapter 84 of title 5, United States Code, shall not apply with respect to - '(A) any individual who separates, or who has separated, from Federal Government service after having been an officer or employee of the Agency subject to title II of this Act; and '(B) any officer or employee of the Agency having at least 5 years of civilian service which was performed before January 1, 1987, and is creditable under title II of this Act (determined without regard to any deposit or redeposit requirement under subchapter III of chapter 83 of title 5, United States Code, or under title II of this Act, or any requirement that the individual become subject to such subchapter or to title II of this Act after performing the service involved). '(2) Paragraph (1) shall not apply with respect to an individual who has elected under regulations prescribed under section 307 of this Act to become subject to chapter 84 of title 5, United States Code, to the extent provided in such regulations. '(3) An individual described in paragraph (1) shall be deemed to be an individual excluded under section 8402(b)(2) of title 5, United States Code. '(d) An employee who has been designated as a participant in the Central Intelligence Agency Retirement System after December 31, 1987, pursuant to section 203 of this Act, may elect to become subject to chapter 84 of title 5, United States Code. An election under this paragraph - '(1) shall not be effective unless it is made during the six-month period after the enactment of this section (probably means Sept. 29, 1988, the date of enactment of this subsection), or during the six-month period beginning on the date on which the employee is so designated, whichever comes later; '(2) shall take effect beginning with the first pay period beginning after the date of the election; and '(3) shall be irrevocable. '(e) The application of the provisions of chapter 84 of title 5, United States Code, to officers and employees referred to in subsection (a) shall be subject to the exceptions and special rules provided in this title. Any provision of such chapter which is inconsistent with a special rule provided in this title shall not apply to such officers and employees. (Amended Pub. L. 100-453, title V, Sec. 502, Sept. 29, 1988, 102 Stat. 1909.) (Amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) (Added Pub. L. 99-335, title V, Sec. 506, June 6, 1986, 100 Stat. 624. Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'SPECIAL RULES RELATING TO SECTION 203 CRITERIA EMPLOYEES 'Sec. 302. (a) Except as otherwise provided in this section, in the application of chapter 84 of title 5, United States Code, to an officer or employee of the Agency who is subject to such chapter and is designated by the Director under the criteria prescribed in section 203, such officer or employee shall be treated for purposes of determining such officer's or employee's retirement benefits and obligations under such chapter as if the officer or employee were a law enforcement officer (as defined in section 8401(17) of title 5, United States Code). '(b) The provisions of sections 233 and 235 of this Act shall apply to officers and employees referred to in subsection (a), except that the retirement benefits shall be determined under the provisions of chapter 84 of title 5, United States Code. '(c)(1) Except as provided in paragraph (2), section 271 of this Act shall apply to an officer or employee referred to in subsection (a). '(2) Contributions during recall service shall be made as provided in section 8422 of title 5, United States Code. '(3) When an officer or employee recalled under this subsection reverts to a retired status, the annuity of such officer or employee shall be redetermined under the provisions of chapter 84 of title 5, United States Code. (Added Pub. L. 99-335, title V, Sec. 506, June 6, 1986, 100 Stat. 625. Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'SPECIAL RULES FOR OTHER EMPLOYEES FOR SERVICE ABROAD 'Sec. 303. (a) Notwithstanding any provision of chapter 84 of title 5, United States Code, the annuity under subchapter II of such chapter of a retired officer or employee of the Agency who is not designated under section 302(a) of this Act and has served abroad as an officer or employee of the Agency shall be computed as provided in subsection (b). '(b)(1) The portion of the annuity relating to service abroad performed on or after the effective date of the Federal Employees' Retirement System Act of 1986 (see Sec. 702 of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees) shall be computed as provided in section 8415(d) of title 5, United States Code. '(2) The portions of the annuity relating to other service in the Agency shall be computed as provided in the provision of section 8415 of such title that is applicable to such service under the conditions prescribed in chapter 84 of such title. (Added Pub. L. 99-335, title V, Sec. 506, June 6, 1986, 100 Stat. 626. Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'SPECIAL RULES FOR FORMER SPOUSES 'Sec. 304. (a) Section 8445 of title 5, United States Code, and subsections (d) and (e) of section 8435 of such title shall not apply in the case of an officer or employee of the Agency who is subject to chapter 84 of title 5, United States Code, and who has a former spouse (as defined in section 204(b)(4) of this Act). Any reference in such chapter to a survivor annuity for a former spouse, as applied to such officer or employee, shall be deemed to refer to a survivor annuity for a former spouse of such officer or employee provided under subsection (c) of this section. '(b) Section 221(b)(1)(C) of this Act shall apply to a survivor annuity under subsection (c)(2) and (3) of this section. '(c) Except as otherwise provided in this section, the following provisions of title II of this Act shall apply in the case of an officer or employee of the Agency who is entitled to receive an annuity under subchapter II, III, or V of chapter 84 of title 5, United States Code, in the same manner as such provisions apply in the case of an officer or employee of the Agency under title II: '(1) Section 222, except that subsections (b) and (c) of such section shall be subject to a waiver under subsection (b) of this section. '(2) Subsections (a), (b)(1), and (b)(3) of section 223 and the first sentence of subsection (c) of such section. '(3) Section 232(b). '(4) Subsections (c) and (d) of section 234 (in the case of any lump-sum payment under section 8424(a) of title 5, United States Code, and any payment under subsection (b)(3), (b)(4), (c)(3), (c)(4), or (d) of section 8433 of such title). '(5) Section 263(b). '(d) In the application of section 222(a) under subsection (c)(1) - '(1) the reference in paragraph (4)(B) of such section to section 271, 272, or 273 of this Act shall be deemed to refer to any similar provision of law applicable to such officer or employee for purposes of chapter 84 of title 5, United States Code; '(2) the amount of the reduction in the salary of a recalled or reinstated officer or employee under such paragraph (4)(B) shall be only the amount by which the annuity under subchapter II or V of chapter 84 of title 5, United States Code, would have been reduced; and '(3) amounts to be deposited in the Treasury of the United States pursuant to such paragraph (4)(B) shall be credited to the Civil Service Retirement and Disability Fund. '(e) In the application of subsections (b) and (c) of section 222 under subsection (c)(2) - '(1) the percentage prescribed in subsections (b)(1)(A), (b)(1)(B), (b)(4)(A), and (c)(2) of such section shall be deemed to be 50 percent; '(2) for the purpose of computing the amount of the former spouse's annuity under subsection (b)(1) of such section and the maximum amount of survivor annuities under subsection (b)(4) or (c)(2) of such section, the full amount of the deceased officer's or employee's annuity - '(A) in the case of an annuity under subchapter II or V of chapter 84 of title 5, United States Code, is the amount of such annuity computed without regard to the reduction for survivor annuities; and '(B) in the case of an annuity under subchapter III of such chapter, is the amount of such annuity computed on an actuarial basis as provided in such subchapter taking into account the application of section 222(b)(1) in the case of such annuity; '(3) an election under subsection (b)(5)(B) of such section shall apply with respect to a survivor annuity for a spouse under section 8442 of title 5, United States Code; '(4) the reference in subsection (c)(2) of such section to a survivor annuity for a spouse shall be deemed to refer - '(A) in the case of an annuity under subchapter II or V of chapter 84 of title 5, United States Code, to the survivor annuity provided in section 8442 of title 5, United States Code; and '(B) in the case of an annuity under subchapter III of such chapter, to the survivor annuity described in section 8435(c) of such title; and '(5) the fund referred to in subsections (c)(3)(A) and (c)(3)(B) of such section shall be deemed to refer - '(A) in the case of an annuity under subchapter II or V of chapter 84 of title 5, United States Code, to the Civil Service Retirement and Disability Fund; and '(B) in the case of an annuity under subchapter III of such chapter, the Thrift Savings Fund established by section 8437 of such title. '(f) A reduction in the annuity of an officer or employee of the Agency to provide a survivor annuity or survivor annuities under this section shall be computed as provided in section 8419(a) of title 5, United States Code. '(g) The entitlement of a former spouse to a portion of an annuity of a retired officer or employee of the Agency under this section shall extend to any supplementary annuity payment that such officer or employee is entitled to receive under section 8421 of title 5, United States Code. (Amended Pub. L. 100-178, title IV, Sec. 402(b)(2), Dec. 2, 1987, 101 Stat. 1014. For effective date of amendment, see Effective Date of 1987 Amendment to Pub. L. 88-643, set out below.) (Added Pub. L. 99-335, title V, Sec. 506, June 6, 1986, 100 Stat. 626. Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'ADMINISTRATIVE PROVISIONS 'Sec. 305. (a) Section 201(c) of this Act shall apply in the administration of chapter 84 of title 5, United States Code, with respect to officers and employees of the Agency. '(b) Notwithstanding subsection (a), section 8461(e) of title 5, United States Code, shall apply with respect to officers and employees of the Agency who are not participants in the Central Intelligence Agency Retirement and Disability System and are not designated under section 302(a) of this Act. (Added Pub. L. 99-335, title V, Sec. 506, June 6, 1986, 100 Stat. 627. Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'REGULATIONS 'Sec. 306. (a) The Director, in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board, shall prescribe in regulations appropriate procedures to carry out this title. '(b) The Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. (Added Pub. L. 99-335, title V, Sec. 506, June 6, 1986, 100 Stat. 628. Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) 'TRANSITION PROVISIONS 'Sec. 307. (a) The Director shall issue regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees' Retirement System provided in chapter 84 of title 5, United States Code, in a manner consistent with sections 301 through 304 of the Federal Employees' Retirement System Act of 1986 (amending section 3121 of Title 26, Internal Revenue Code, and section 410 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 8331 of Title 5, Government Organization and Employees). '(b) The Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect.' (Added Pub. L. 99-335, title V, Sec. 506, June 6, 1986, 100 Stat. 628. Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.) (References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.) EFFECTIVE DATE OF 1989 AMENDMENT TO PUB. L. 88-643 Pub. L. 101-193, title III, Sec. 304(b), Nov. 30, 1989, 103 Stat. 1703, provided that: 'The amendment made by this section (amending Pub. L. 88-643, set out above) shall be effective as of October 1, 1986.' EFFECTIVE DATE OF 1988 AMENDMENT TO PUB. L. 88-643 Pub. L. 100-453, title III, Sec. 302(b)(2), Sept. 29, 1988, 102 Stat. 1907, provided that: 'The amendments made by paragraph (1) (amending Pub. L. 88-643, set out above) shall take effect as of October 1, 1986.' Pub. L. 100-453, title III, Sec. 302(c)(2), Sept. 29, 1988, 102 Stat. 1907, provided that: 'The amendment made by paragraph (1) (amending Pub. L. 88-643, set out above) shall take effect as of December 2, 1987.' Pub. L. 100-453, title III, Sec. 302(d)(3), Sept. 29, 1988, 102 Stat. 1907, provided that: 'The amendment made by this subsection (amending Pub. L. 88-643, set out above) shall apply to marriages which occur on or after May 7, 1985.' EFFECTIVE DATE AND CONSTRUCTION OF 1987 AMENDMENT TO PUB. L. 88-643 Pub. L. 100-178, title IV, Sec. 402(c)-(e), Dec. 2, 1987, 101 Stat. 1014, provided that: '(c)(1) Except as provided in paragraph (2), the amendments made by this section (amending section 403n of this title and Pub. L. 88-643, set out above) shall take effect on November 15, 1982, the effective date of the Central Intelligence Agency Spouses' Retirement Equity Act of 1982. '(2) The amendment made by subsection (b)(2) (amending Pub. L. 88-643, set out above) shall take effect on January 1, 1987, the effective date of the Federal Employees' Retirement System Act of 1986. '(d) Nothing in this section or any amendment made by this section shall be construed to require the forfeiture by any individual of benefits received before the date of the enactment of this Act (Dec. 2, 1987). '(e) Nothing in this section or any amendment made by this section shall be construed to require a reduction in the level of benefits received by any individual who was receiving benefits under section 232 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (section 232 of Pub. L. 88-643) before the date of enactment of this Act (Dec. 2, 1987)'. EFFECTIVE DATE OF 1982 AMENDMENT TO PUB. L. 88-643 Pub. L. 97-269, title VI, Sec. 613, Sept. 27, 1982, 96 Stat. 1154, provided that: '(a) Except as provided in subsections (b) and (c) of this section, this title (enacting section 403n of this title and amending Pub. L. 88-643, set out above) shall take effect on November 15, 1982. '(b) The provisions of section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (section 222(a) of Pub. L. 88-643), as added by this title, regarding the rights of former spouses to an annuity shall apply in the case of any individual who after the effective date of this title (Nov. 15, 1982) becomes a former spouse of an individual who separates from service with the Agency after such date. '(c) Except to the extent provided in section 223 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (section 223 of Pub. L. 88-643), the provisions of section 221(b) (section 221(b) of Pub. L. 88-643) (as amended by this title) and the provisions of subsections (b) and (c) of section 222 of such Act (section 222(b) and (c) of Pub. L. 88-643), as added by this title, regarding the rights of former spouses to receive survivor annuities shall apply in the case of any individual who after the effective date of this title (Nov. 15, 1982) becomes a former spouse of a participant or former participant in the Central Intelligence Agency Retirement and Disability System.' EFFECTIVE DATE OF 1976 AMENDMENT TO PUB. L. 88-643 Pub. L. 94-522, title II, Sec. 215, Oct. 17, 1976, 90 Stat. 2472, provided that: '(a) This Act (amending Pub. L. 88-643, set out above) shall become effective October 1, 1976. '(b) The amendments made by sections 201(a), (b), (c), and (d), 202, and 208 (amending sections 204(a), (b)(2), (3)(i), 221(b) and 232(b) of Pub. L. 88-643) shall not apply in the case of participants who died before January 8, 1971. The amendments made by section 201(e) (substituting 'one year' for 'two years' in section 204 of Pub. L. 88-643) shall not apply in the case of participants who died before April 9, 1974. The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted. '(c) The amendment made by section 203 (enacting section 221(f)(2) of Pub. L. 88-643) shall apply to a participant who married prior to enactment (Oct. 17, 1976) but only if the election is made within one year after enactment (Oct. 17, 1976). '(d) The amendment made by section 210 (amending section 251 of Pub. L. 88-643) is effective only with respect to annuity accruing for full months beginning after January 8, 1971; but any part of a period of separation referred to in such amendment in which the participant or former participant was receiving benefits under chapter 81 of title 5, United States Code or any earlier statute on which such chapter is based shall be counted whether the person returns to duty before, on, or after January 8, 1971. With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only upon application of the retired person. '(e) The amendment in section 211 (amending section 252(a)(2) of Pub. L. 88-643) to credit certain service in the Public Health Service is effective as of April 8, 1960, and the amendment to credit certain service in the National Oceanic and Atmospheric Administration is effective as of September 14, 1961. '(f) The amendment in section 212 (enacting section 264 of Pub. L. 88-643) is effective as of June 30, 1974. '(g) The amendment to recompute a reduced annuity during periods when not married in section 202 (amending section 221(b) of Pub. L. 88-643) shall apply to annuities which commence before, on, or after the date of enactment of this Act (Oct. 17, 1976), but no increase in annuity shall be paid for any period prior to November 1, 1974. '(h) Annuity increases under sections 204 (enacting section 221(l), of Pub. L. 88-643) and 214 (set out below) shall apply to annuities which commence before, on, or after the date of enactment of this Act (Oct. 17, 1976), but no increase in annuity shall be paid for any period prior to August 1, 1974, or the date on which the annuity commences, whichever is later.' EFFECTIVE DATE OF 1973 AMENDMENT TO PUB. L. 88-643 Pub. L. 93-210, Sec. 1(b), Dec. 28, 1973, 87 Stat. 908, provided that: 'The amendments made by subsection (a) (adding par. (1) of section 291(b) of Pub. L. 88-643, set out above, and redesignating pars. (1), (2) and (3) of such section as pars. (2), (3) and (4)) shall apply only with respect to annuities which commence on or after July 2, 1973.' EFFECTIVE DATE OF 1969 AMENDMENTS TO PUB. L. 88-643 Pub. L. 91-185, Sec. 6, Dec. 30, 1969, 83 Stat. 849, provided that: '(a) The amendments made by section 1 (amending section 211(a) of Pub. L. 88-643, set out above) shall become effective at the beginning of the first applicable pay period beginning after December 31, 1969. '(b) The amendments made by sections 3, 4 (amending sections 231(a) and 232(h) of Pub. L. 88-643), and 2 (amending section 221 of Pub. L. 88-643, and adding new pars. (g) and (h) at the end thereof), with the exception of 2(c) (amending subsec. (c) thereof), shall become effective October 20, 1969. '(c) The amendments made by sections 2(c) and 5 (amending sections 221(c) and 291 of Pub. L. 88-643) shall become effective November 1, 1969. '(d) The amendments made by sections 2(a), 2(e), 3, and 4(a)(1)-(2) (amending section 221(a), adding section 221(h), and amending sections 231(a) and 232(b) of Pub. L. 88-643) shall not apply in the cases of persons retired or otherwise separated prior to October 20, 1969, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such sections had not been enacted.' SHORT TITLE OF 1982 AMENDMENT OF PUB. L. 88-643 Pub. L. 97-269, title VI, Sec. 601, Sept. 27, 1982, 96 Stat. 1145, provided that: 'This title (enacting section 403n of this title and amending Pub. L. 88-643, set out above) may be cited as the 'Central Intelligence Agency Spouses' Retirement Equity Act of 1982'.' FUNDING REQUIREMENTS FOR 1988 AMENDMENT TO PUB. L. 88-643 Pub. L. 100-453, title III, Sec. 302(e), Sept. 29, 1988, 102 Stat. 1907, provided that: 'Any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c))) provided pursuant to the amendments made by this section (amending Pub. L. 88-643, set out above) shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts.' CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY FUND; ANNUITY INCREASE PAYMENT; MONTHLY RATE Pub. L. 94-522, title II, Sec. 214, Oct. 17, 1976, 90 Stat. 2472, provided that: '(a) An annuity payable from the Central Intelligence Agency Retirement and Disability Fund to an annuitant which is based on a separation occurring prior to October 20, 1969, is increased by $240 per annum. '(b) In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the Central Intelligence Agency Retirement and Disability Fund to the surviving spouse of an annuitant, which is based on a separation occurring prior to October 20, 1969, shall be increased by $132 per annum. '(c) The monthly rate of an annuity resulting from an increase under this section shall be considered as the monthly rate of annuity payable under section 221(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note) for purposes of computing the minimum annuity under new section 221(l) of the Act, as added by section 204 of this Act (section 221(l) of Pub. L. 88-643, set out above).' COMMUNICATION OF RESTRICTED DATA Authorization for the communication of Restricted Data by the Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, set out as a note under section 2162 of Title 42, The Public Health and Welfare. -EXEC- EXECUTIVE ORDER NO. 10656 Ex. Ord. No. 10656, Feb. 6, 1956, 21 F.R. 859, which established the President's Board of Consultants on Foreign Intelligence Activities, was revoked by Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, formerly set out below. EXECUTIVE ORDER NO. 10938 Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, formerly set out below. EXECUTIVE ORDER NO. 11460 Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, set out below. EX. ORD. NO. 11950. CONFORMING CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS RESPECTING COST OF LIVING ADJUSTMENTS Ex. Ord. No. 11950, Jan. 6, 1977, 42 F.R. 1451, provided: By virtue of the authority vested in me by section 801(c) of the Department of Defense Appropriation Authorization Act, 1977 (90 Stat. 929; 10 U.S.C. 1401a note), section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (90 Stat. 2472; 50 U.S.C. 403 note), and as President of the United States of America, it is hereby ordered as follows: Section 1. The Director of Central Intelligence shall: (a) on January 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for December of the preceding year over the price index published for June of the preceding year, and (b) on July 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for June of such year over the price index published for December of the preceding year. Sec. 2. If in any year the percent change determined under either section 1(a) or 1(b) indicates a rise in the price index, then: (a) effective March 1 of such year, in the case of an increase under section 1(a), each annuity payable from the Central Intelligence Agency Retirement and Disability Fund having a commencing date not later than such March 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent, or (b) effective September 1 of such year, in the case of an increase under section 1(b), each annuity payable from the Central Intelligence Agency Retirement and Disability Fund having a commencing date not later than such September 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent. Sec. 3. The changes made by sections 1 and 2 of this order shall apply to any increase in annuities after October 1, 1976, except that with respect to the first date after October 1, 1976 on which the Director is to determine a percent change, such percent change shall be determined by computing the change in the price index published for the month immediately preceding such first date over the price index for the last month immediately prior to October 1, 1976 for which the price index showed a percent rise forming the basis of a cost of living annuity increase under section 291(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (set out as a note above), as in effect immediately prior to October 1, 1976. Gerald R. Ford. EX. ORD. NO. 11984. ABOLITION OF PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to abolish the President's Foreign Intelligence Advisory Board, Executive Order No. 11460 of March 20, 1969, is hereby revoked. Jimmy Carter. EX. ORD. NO. 12023. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS Ex. Ord. No. 12023, Dec. 1, 1977, 42 F.R. 61443, provided: By virtue of the authority vested in me by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (90 Stat. 2472; 50 U.S.C. 403 note), and as President of the United States of America, it is hereby ordered as follows: Section 1. The Director of Central Intelligence, hereafter referred to as the Director, shall maintain the Central Intelligence Agency Retirement and Disability System and the Central Intelligence Agency Retirement and Disability Fund, hereafter referred to as the Fund, in accordance with the following principles: (a) None of the moneys mentioned in the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043, as amended; 50 U.S.C. 403 note), shall be assignable, either in law or equity, except under the provisions of subsection (b) of this Section, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws. (b) An individual entitled to an annuity from the Fund may make allotments or assignments of amounts of such annuity for such purposes as the Director in his sole discretion considers appropriate. (c) No payment shall be made from the Fund unless an application for benefits based on the service of the participant is received by the Director before the one hundred and fifteenth anniversary of the participant's birth. (d) Notwithstanding the provisions of subsection (c) of this Section, after the death of a participant or annuitant, no benefit based on the service of such person shall be paid from the Fund unless an application therefor is received by the Director within 30 years after the death or other event which gives rise to title to benefit. (e) Sums deducted from salaries pursuant to Section 273 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (78 Stat. 1053; 50 U.S.C. 403 note) shall be deposited in the Treasury of the United States to the credit of the Fund. Sec. 2. The provisions of this Order are effective as follows: (a) The provisions of Sections 1(a) and 1(b) are effective as of December 23, 1975. (b) The provisions of Sections 1(c) and 1(d) are effective as of December 31, 1975. (c) The provisions of Section 1(e) are effective as of October 1, 1976 and shall apply to annuitants serving in appointed positions on and after that date. Sec. 3. The Director of Central Intelligence is authorized to prescribe such regulations as are necessary to carry out the provisions of this Order. Jimmy Carter. EX. ORD. NO. 12197. CONFORMING CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM TO AMENDMENTS TO CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEM Ex. Ord. No. 12197, Mar. 5, 1980, 45 F.R. 14833, provided: By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to conform the Central Intelligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System (Public Law 95-317 (amending sections 8339 and 8341 of Title 5, Government Organization and Employees and enacting provisions set out as notes under section 8339 of Title 5) and Public Law 95-366 (amending sections 8345 and 8346 of Title 5 and enacting a provision set out as a note under section 8345 of Title 5)), it is hereby ordered as follows: 1-101. The Director of Central Intelligence shall maintain the Central Intelligence Agency Retirement and Disability System in accordance with the following principles: (a) The automatic restoration of the reduction in the annuity of the annuitant upon his or her remarriage shall be eliminated and the annuitant shall be allowed to elect, upon such remarriage, whether to provide a survivor annuity for the new spouse. The annuitant's election shall be irrevocable during the remarriage, and must be made in a signed writing and received by the Director within one year after the date of the remarriage. If the annuitant makes such an election, his or her annuity shall be reduced by the same percentage reduction which was in effect immediately before the dissolution of the previous marriage, and such reduction shall take effect on the first day of the month beginning one year after the date of the remarriage. (b) The reduction in the annuity of an annuitant shall be restored when a person designated as having an insurable interest in the annuitant predeceases the annuitant. Payment of the annuity at the single-life rate shall be effective the first day of the month following the death of the individual designated as having had the insurable interest. (c) An annuitant who was unmarried at the time of retirement but who marries after retirement shall be allowed to irrevocably elect, in a signed writing received by the Director within one year after the date of the marriage, a reduction in his or her annuity to provide a survivor annuity for his or her spouse. Such reduction shall be effective the first day of the month beginning one year after the date of marriage. An election to provide an annuity to a surviving spouse made under this provision, voids prospectively any previous election to provide a survivor annuity to an individual named as having an insurable interest in the annuitant. Since the annuity reduction for the benefit of a surviving spouse will not take effect until the first day of the first month beginning one year after the date of the marriage, any annuity reduction in effect for an insurable interest benefit will not terminate until such date. (d) Each annuitant shall be informed, on an annual basis, of such annuitant's rights of election under this Order. (e) Payments to an annuitant which are based upon his or her service shall be paid, in whole or in part by the CIA Retirement and Disability System to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this provision to a person bars recovery by any other person. This provision shall only apply to payments made after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information and documentation as the Director may prescribe. As used in this subsection 'court' means any court of any State or the District of Columbia. 1-102. (a) The provisions of Section 1-101(a) are effective as of October 1, 1978, and shall apply with respect to annuities which commence before, on, or after October 1, 1978. No monetary benefit by reason of such provisions shall accrue for any period before such effective date. The provisions of Section 1-101(a) of this Order shall not affect the eligibility of any individual to a survivor annuity in the case of an annuitant who remarried before October 1, 1978, unless the annuitant notifies the Director in a signed writing received by the Director no later than December 31, 1980, that such annuitant does not desire the spouse of the annuitant to receive a survivor annuity in the event of the annuitant's death. Such notification shall take effect the first day of the first month after it is received by the Director. (b) The provisions of Section 1-101(b) and (c) are effective as of October 1, 1978, and shall apply with respect to annuities which commence before, on, or after October 1, 1978. No monetary benefit by reason of such provisions shall accrue for any period before such effective date. (c) The provisions of Sections 1-101(d) and (e) are effective immediately. 1-103. The Director of Central Intelligence is authorized to prescribe such regulations as are necessary to carry out the provisions of this Order. Jimmy Carter. EX. ORD. NO. 12253. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS Ex. Ord. No. 12253, Nov. 25, 1980, 45 F.R. 78995, provided: By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to conform the Central Intelligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System (Public Law 96-179 (amending sections 8901, 8902, 8341 and 8944 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 8341 and 8902 of Title 5)), it is hereby ordered as follows: 1-101. The Director of Central Intelligence shall maintain the Central Intelligence Agency Retirement and Disability System in accordance with the following: (a) Eliminate the 'living with' requirement in the case of recognized natural children. (b) Add a requirement of dependency to the definition of child and define 'dependent' as follows: 'Dependent,' in the case of any child, means that the participant involved was, at the time of the participant's death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Director shall prescribe. 1-102. The provisions of Section 1-101 are effective as of January 2, 1980. 1-103. The Director of Central Intelligence is authorized to prescribe such regulations as are necessary to carry out the provisions of this Order. Jimmy Carter. EX. ORD. NO. 12273. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854, provided: By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to further conform the Central Intelligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System, it is hereby ordered as follows: 1-101. Section 291(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended (a) by striking out paragraph (1) thereof, and (b) by inserting in lieu thereof the following: '(1) The first cost-of-living increase (if any) made to an annuity which is payable from the Central Intelligence Agency Retirement and Disability Fund to a participant who retires, or to the widow or widower of a deceased participant, shall be equal to the product (adjusted to the nearest of 1/10 of one percent) of: 'a. 1/6 of the applicable percent change computed under subsection (a) of this Section, multiplied by 'b. the number of full months for which the annuity was payable from the Fund before the effective date of the increase (counting any portion of a month as a full month).'. 1-102. The amendment made by subsection 1-101(a) hereof shall apply with respect to annuities commencing after January 19, 1981. Jimmy Carter. EX. ORD. NO. 12326. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889, as amended by Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, provided: By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to conform further the Central Intelligence Agency Retirement and Disability System to certain amendments in the Civil Service Retirement and Disability System, it is hereby ordered as follows: Section 1. Section 221(b)(1) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by inserting the following after the last sentence of that paragraph: 'Any written notification (or designation) by any participant under this section shall not be considered valid unless the participant establishes to the satisfaction of the Director (a) that the spouse has been notified of the loss of or reduction in survivor benefits or (b) that the participant has complied with such notification requirements as the Director shall, by regulation, prescribe.' Sec. 2. Section 231(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by deleting the first sentence thereof, and inserting in lieu thereof the following: 'Any participant who has five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with provisions of section 251 or 252(a)(2) and who has become disabled shall, upon his own application or upon order of the Director, be retired on an annuity computed as prescribed in section 221. A participant shall be considered to be disabled only if the participant is found by the Director to be unable, because of disease or injury, to render useful and efficient service in the participant's position and is not qualified for reassignment, under procedures prescribed by the Director, to a vacant position which is in the Agency at the same grade or level and in which the participant would be able to render useful and efficient service.' Sec. 3. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by inserting after subsection (l) thereof the following new subsection: '(m) If a participant retiring under section 231 of this Act is receiving retired pay or retainer pay for military service (except that specified in section 252(e)) or Veterans Administration pension or compensation in lieu of such retired or retainer pay, the annuity of that participant shall be computed under subsection (a) of this section, excluding credit for such military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in Section 5532 of Title 5 of the United States Code, or the Veterans Administration pension or compensation in lieu of such retired or retainer pay, is less than the annuity that would otherwise be payable under Section 231, an amount equal to the difference shall be added to the annuity payable under subsection (a) of this Section.' Sec. 4. Section 291(a) and (b)(1) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended to read as follows: '(a) On the basis of determination made by the Director pertaining to per centum change in the Price Index, the following adjustments shall be made: '(1) Except as provided in subsection (b) of this Section, effective March 1 of each year each annuity payable from the Fund having a commencing date not later than such March 1 shall be increased by the percent change in the Price Index published for December of the preceding year, adjusted to the nearest one-tenth of one percent. '(b) Eligibility for an annuity increase under this Section shall be governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows: '(1) The first cost-of-living increase (if any) made under subsection (a) of this Section to an annuity which is payable from the Fund to a participant who retires or to the widow or widower of a deceased participant whose annuity has not been increased under this subsection or subsection (a) of this Section, shall be equal to the product (adjusted to the nearest one-tenth of one percent) of - '(A) one-twelfth of the applicable percent change computed under subsection (a) of this Section, multiplied by '(B) the number of months (counting any portion of a month as a month) - '(i) for which the annuity was payable from the Fund before the effective date of the increase, or '(ii) in the case of a widow or widower of a deceased annuitant whose annuity was first payable to the deceased annuitant.' Sec. 5. For the purpose of ensuring the accuracy of information used in the administration of the Central Intelligence Agency Retirement and Disability System, the Director of Central Intelligence may request, from the Secretaries of Defense, Health and Human Services, and Labor, and the Administrator of Veterans Affairs, such information as the Director deems necessary. To the extent permitted by law: (a) the Secretary of Defense or the Secretary's designee shall provide information on retired or retainer pay provided under Title 10 of the United States Code; (b) The Administrator of Veterans Affairs shall provide information on pensions or compensation provided under Title 38 of the United States Code; (c) The Secretary of Health and Human Services or the Secretary's designee shall provide information contained in the records of the Social Security Administration; and (d) The Secretary of Labor or the Secretary's designee shall provide information on benefits paid under subchapter I of Chapter 81 of Title 5 of the United States Code. The Director, in consultation with the officials from whom information is requested, shall ensure that information made available under this Section is used only for the purposes authorized. Sec. 6. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by adding thereto a new subsection (e) as follows: '(e)(1) The Director shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Director shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter. '(2) An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests in effect during any one calendar year. '(3) Subject to paragraph (2) of this subsection, an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Director, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Director. '(4) This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Director may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Director shall be repaid by the State in accordance with regulations issued by the Director. '(5) For the purpose of this subsection, 'State' means a State, the District of Columbia, or any territory or possession of the United States.' Sec. 7. The amendments made by Sections 1, 2, 3, 4, 5, and 6 of this Order shall be effective as follows: (a) Section 1 shall be effective as of January 5, 1981; (b) Section 2 shall be effective as of March 5, 1981; (c) Section 3 shall be effective as of this date for all participants who retire under Section 231 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), on or after December 5, 1980. (d) Section 4 shall be effective as of the date of this Order (Sept. 30, 1981). (e) Section 5 shall be effective as of August 13, 1981, and shall apply to annuities which commence before, on, or after such date. (f) Section 6 shall be effective as of October 1, 1981. Ronald Reagan. EXECUTIVE ORDER NO. 12331 Ex. Ord. No. 12331, Oct. 20, 1981, 46 F.R. 51705, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, set out below. EX. ORD. NO. 12443. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, provided: By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to conform further the Central Intelligence Agency Retirement and Disability System to certain amendments in the Civil Service Retirement and Disability System pursuant to Public Laws 97-253, 97-346, and 97-377 (see Tables for classification), it is hereby ordered as follows: Section 1. Section 231(b)(2) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended to read as follows: '(b)(2) If the annuitant receiving disability retirement annuity is restored to earning capacity, before becoming sixty years of age, payment of the annuity terminates on reemployment by the Government or 180 days after the end of the calendar year in which earning capacity is restored, whichever is earlier. Earning capacity is restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80 per centum of the current rate of pay of the position occupied at the time of retirement.'. Sec. 2. Section 5 of Executive Order No. 12326 of September 30, 1981 (set out above), which previously amended the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended to read as follows: 'Sec. 5. For the purpose of ensuring the accuracy of information used in the administration of the Central Intelligence Agency Retirement and Disability System, the Director of Central Intelligence may request, from the Secretaries of Defense, Health and Human Services, and Labor, and the Administrator of Veterans Affairs, such information as the Director deems necessary. To the extent permitted by law: '(a) the Secretary of Defense or the Secretary's designee shall provide information on retired or retainer pay provided under Title 10 of the United States Code; '(b) The Administrator of Veterans Affairs shall provide information on pensions or compensation provided under Title 38 of the United States Code; '(c) The Secretary of Health and Human Services or the Secretary's designee shall provide information contained in the records of the Social Security Administration; and '(d) The Secretary of Labor or the Secretary's designee shall provide information on benefits paid under subchapter I of Chapter 81 of Title 5 of the United States Code. 'The Director, in consultation with the officials from whom information is requested, shall ensure that information made available under this Section is used only for the purposes authorized.'. Sec. 3. Section 281(a) of the Central Intelligence Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by inserting after 'at 3 per centum per annum' the following: 'through December 31, 1984, and thereafter at the rate computed under Section 8334(e) of Title 5 of the United States Code.' Sec. 4. Section 221(k) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended to read as follows: '(k) For the purpose of an annuity computed under this section, the total service of any participant shall not include any period of civilian service on or after October 1, 1982, for which retirement deductions or deposits have not been made under section 252(b), unless the participant makes a deposit for such period as provided in section 252, or no deposit is required for such service as provided under Section 8334(g) of Title 5 of the United States Code, or under any statute.'. Sec. 5. Section 241(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended to read as follows: '(a) Whenever a participant becomes separated from the Agency, or is transferred to a position in which he is not subject to this Act, for at least thirty-one consecutive days without becoming eligible for an annuity in accordance with the provisions of this Act, the total amount of contributions from his salary with interest thereon at 4 percent per year to December 31, 1947, and 3 percent per year thereafter compounded annually to December 31, 1956, except as provided in section 281, shall, upon application, be returned to him. The return of contributions shall be made only if the participant is not reemployed in a position in which he is subject to this Act at the time he files the application for refund and will not become eligible for an annuity within thirty-one days after filing such application. The receipt of the payment of the lump-sum credit by the participant voids all annuity rights under the Act based on the service on which the lump-sum credit is based, until the participant is reemployed in the service subject to the Act. The payment of the lump-sum credit shall include amounts deposited by a participant covering earlier service as well as any amounts deposited under section 252(h)'.' Sec. 6. Section 291(f) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by striking out 'fixed at the nearest' and inserting 'rounded to the next lowest' in lieu thereof. Sec. 7. Section 221(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by adding the following at the end thereof: 'Each annuity shall be stated as an annual amount, one twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued.'. Sec. 8. Section 221(i) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended to read as follows: '(i) Except as otherwise provided, the annuity of a paticipant shall commence on the first day of the month after separation from the service, or on the first day of the month after pay ceases and the service and age requirements for title to an annuity are met. With respect to those participants who serve three days or less in the month of retirement, the annuity will commence on the day after separation or the day after pay ceases and the service and age requirements for title to an annuity are met. The annuity of a participant involuntarily separated from the service, except for removal for cause on charges of misconduct or delinquency, or of a participant retiring due to a disability shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to an annuity are met. Any other annuity payable from the Fund shall commence on the first day of the month after the occurrence of the event on which payment thereof is based.'. Sec. 9. Section 252(e) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by inserting '(1)' before the first sentence thereof, by inserting '(2)' before the second sentence thereof and by striking out 'chapter 11' and inserting 'section 301' in lieu thereof, by deleting the last sentence thereof and by adding the following paragraph (3): '(3) Except as provided in paragraphs (1) and (2) of this subsection, the service of an individual who first becomes a Federal employee before October 1, 1982 shall include credit for each period of military service performed before the date of the separation on which the entitlement to an annuity under this subsection is based, subject to section 252(f); and the service of an individual who first becomes a Federal employee on or after October 1, 1982 shall include credit for: '(i) each period of military service performed before January 1, 1957, and '(ii) each period of military service performed after December 31, 1956, and before separation on which the entitlement to annuity under this section is based, only if a deposit (with interest, if any) is made with respect to that period as provided in subsection (h) of this section.'. Sec. 10. Section 252(f) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by inserting '(1)' after '(f)' and adding new paragraphs (2) and (3) as follows: '(2) The provisions of paragraph (1) above relating to credit for military service shall not apply to - '(A) any period of military service of a participant with respect to which he or she has made a deposit with interest, if any, under section 252(e) of this Act; or '(B) the military service of any participant who has been awarded retired pay on account of a service-connected disability caused by an instrumentality of war and incurred in the line of duty during a period of war as that term is defined in section 301 of Title 38 of the United States Code.'. '(3) The annuity recomputation required by paragraph (1) above shall not apply to any individual who was entitled to an annuity under this section on or before September 8, 1982. Instead of an annuity recomputation, the annuities of such individuals shall be reduced at age 62 by an amount equal to a fraction of their Social Security benefit. This reduction shall be computed by multiplying their monthly Social Security benefit by a fraction, the numerator of which is their total military wages that were subject to Social Security deductions and the denominator of which is their total lifetime wages, including military wages, that were subject to Social Security deductions. The reductions so computed shall not be permitted to be greater than the reductions that will be required by paragraph (1) if that paragraph applied to the individual for that period. The new formula shall be applicable to all annuity payments payable after October 1, 1982, including annuity payments to those individuals who had previously reached age 62 and whose annuities had already been recomputed.'. Sec. 11. Section 252 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by adding a new subsection (h) as follows: '(h)(1) Each participant who has performed military service before the date of separation on which the entitlement to any annuity under this section is based may pay, in accordance with rules issued by the Director, to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of Title 37 of the United States Code to the participant for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide, or if the Director or his designee determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4).'. '(2) Any deposit made under paragraph (1) of this subsection more than two years after the later of - (A) October 1, 1982; or (B) the date on which the participant making the deposit first becomes an employee of the Federal government - shall include interest on such amount computed and compounded annually beginning on the date of expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (b) of this section.'. '(3) Any payment received by the Agency under this subsection shall be immediately remitted to the Office of Finance for deposit in the Treasury of the United States to the Credit of the CIARDS Fund. '(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Director as the Director may determine to be necessary for the administration of this subsection.'. Sec. 12. Section 261(d)(2) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by adding after the words 'allowed for military service' the following: ', less an amount determined by the Director to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 252(e), and'. Sec. 13. Section 235(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by deleting the final sentence thereof and substituting the following wording: 'A participant who is separated involuntarily from service, except by removal for cause on charges of misconduct or delinquency, is entitled to an annuity only if the participant has not declined a reasonable offer of another position for which he or she is qualified, which is not lower than two grades below his or her current position and which is in the same commuting area. Voluntary early retirements will be permitted only if a major reorganization, reduction in force, or transfer of function will result in a significant number of participants being separated or immediately reduced in pay. Participants retired under this subsection shall receive retirement benefits in accordance with the provisions of section 221.'. Sec. 14. Section 291 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by adding a new subsection (g) as follows: '(g)(1) An annuity shall not be increased by reason of an adjustment under this section to an amount which exceeds the greater of - '(A) the maximum pay payable for GS-15 thirty days before the effective date of the adjustment under this section; or '(B) the final pay (or average pay, if higher) of the participant with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the General Schedule under subchapter I of chapter 53 of title 5 of the United States Code during the period - (i) beginning on the date the annuity commenced (or, in the case of a survivor of the participant, the date of the participant's annuity commenced), and (ii) ending on the effective date of the adjustment under this section. '(2) For the purposes of paragraph (1) of this subsection, 'pay' means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.'. Sec. 15. Section 252(g) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), shall be deemed to be amended by deleting 'paragraph (b)' and inserting 'paragraphs (b), (c)(4), and (h)' in lieu thereof. Sec. 16. The amendments made by this Order shall be effective as follows: (a) Sections 2, 5, 9, 19 (10), 12 and 13 shall be effective October 1, 1982. (b) Section 1 shall be effective October 1, 1982 but shall apply only with respect to income earned after December 31, 1982. (c) Section 3 shall apply with respect to deposits for service performed on or after October 1, 1982, and with respect to funds for which application is received on or after such date. The provisions of section 252, as in effect on September 7, 1982, shall continue to apply with respect to periods of service and refunds for which application was received on or before September 30, 1982. (d) Section 4 shall apply with respect to deposits for military service performed on or after October 1, 1982 and military service performed on or after January 1, 1957 and with respect to refunds for which applications are received by the Agency on or after October 1, 1982. The provisions of section 221(k), as in effect on September 7, 1982 shall continue to apply with respect to periods of civilian service occurring before October 1, 1982. (e) Section 6 and Section 7 shall apply with respect to any annuity commencing on or after October 1, 1982, and with respect to any adjustment or redetermination of any annuity made on or after such date. (f) Section 8 shall apply to annuities which commence on or after January 1, 1983. (g) Section 11 shall take effect October 1, 1982, except that any participant who retired after September 8, 1982 and before October 1, 1983, or is entitled to an annuity under the CIA Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), based on a separation from service occurring during such period, or a survivor of such individual, may make a payment under section 252(h). (h) Section 14 shall not cause any annuity to be reduced below the rate that is payable on September 8, 1982 but shall apply to any adjustment occurring on or after this date under section 291, or to any annuity payable from the Central Intelligence Agency Retirement and Disability Fund, whether such annuity has a commencing date before, on, or after September 8, 1982. (i) Section 15 shall be effective as of September 8, 1982. Ronald Reagan. EX. ORD. NO. 12537. PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, as amended by Ex. Ord. No. 12624, Jan. 6, 1988, 53 F.R. 489, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to enhance the security of the United States by improving the quality and effectiveness of intelligence available to the United States, it is ordered as follows: Section 1. There is hereby established within the White House Office, Executive Office of the President, the President's Foreign Intelligence Advisory Board (the 'Board'). The Board shall consist of not more than sixteen members, who shall serve at the pleasure of the President and shall be appointed by the President from among trustworthy and distinguished citizens outside the government who are qualified on the basis of achievement, experience, and independence. The President shall establish the terms of the members upon their appointment. To the extent practicable, one-third of the Board at any one time shall be comprised of members whose current term of service does not exceed two years. The President shall designate a Chairman and Vice Chairman from among the members. The Board shall utilize full-time staff and consultants as authorized by the President. Such staff shall be headed by an Executive Director, appointed by the President. Sec. 2. The Board shall assess the quality, quantity, and adequacy of intelligence collection, of analysis and estimates, of couterintelligence, and other intelligence activities. The Board shall have the authority to continually review the performance of all agencies of the Federal government that are engaged in the collection, evaluation, or production of intelligence or the execution of intelligence policy. The Board shall further be authorized to assess the adequacy of management, personnel, and organization in the intelligence agencies. Sec. 3. The Board shall report directly to the President and advise him concerning the objectives, conduct, management, and coordination of the various activities of the agencies of the intelligence community. The Board shall report periodically, but at least semiannually, concerning findings and appraisals and shall make appropriate recommendations for actions to improve and enhance the performance of the intelligence efforts of the United States. Sec. 4. The Board shall receive, consider, and recommend appropriate action with respect to matters, identified to the Board by the Director of Central Intelligence, the Central Intelligence Agency, or other government agencies engaged in intelligence or related activities, in which the support of the Board will further the effectiveness of the national intelligence effort. With respect to matters deemed appropriate by the President, the Board shall advise and make recommendations to the Director of Central Intelligence, the Central Intelligence Agency, and other government agencies engaged in intelligence and related activities, concerning ways to achieve increased effectiveness in meeting national intelligence needs. Sec. 5. The Board shall have access to the full extent permitted by applicable law to all information necessary to carry out its duties in the possession of any agency of the Federal government. Information made available to the Board shall be given all necessary security protection in accordance with applicable laws and regulations. Each member of the Board, each member of the Board's staff, and each of the Board's consultants shall execute an agreement never to reveal any classified information obtained by virtue of his or her service with the Board except to the President or to such persons as the President may designate. Sec. 6. Members of the Board shall serve without compensation, but may receive transportation, expenses, and per diem allowance as authorized by law. Staff and consultants to the Board shall receive pay and allowances as authorized by the President. Sec. 7. Executive Order No. 12331 of October 20, 1981 is revoked. Ronald Reagan. EX. ORD. NO. 12684. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS Ex. Ord. No. 12684, July 27, 1989, 54 F.R. 31643, provided: By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, including section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note) (the 'Act'), and in order to conform the Central Intelligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System, it is hereby ordered as follows: Section 1. The Director of Central Intelligence shall maintain the Central Intelligence Agency Retirement and Disability System in accordance with the following principles: (a) In computing an annuity for an employee whose service includes service on a part-time basis performed on or after April 7, 1986, such service, other than service subject to the Federal Employees Retirement System, shall be computed as follows: (1) the average pay of the employee, to the extent that it includes pay for service performed in any position on a part-time basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and (2) the benefit so computed shall then be multiplied by a fraction equal to the ratio that the employee's actual service, as determined by prorating an employee's total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis. (b) The provision of section 221(b)(3)(C) of the Act (50 U.S.C. 403 note) regarding the termination of annuity to surviving spouses due to remarriage prior to age 60 shall hereafter be administered by the Central Intelligence Agency by substituting age 55 in lieu of age 60. (c) The provisions of section 221(g)(1) of the Act regarding the remarriage of surviving spouses before, on, and after age 60 shall hereafter be administered by the Central Intelligence Agency by substituting age 55 in lieu of age 60. Sec. 2. Section 1(a) of this order shall be given retroactive effect to April 7, 1986. Section 1(b) and (c) of this order shall be effective on the date of signature. George Bush. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403-1, 403g of this title; title 5 section 2305; title 42 section 2162. ------DocID 56102 Document 201 of 1268------ -CITE- 50 USC Sec. 403-1 -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403-1. Intelligence Community Staff; appointment of Director -STATUTE- (1) If a commissioned officer of the Armed Forces is appointed as Director of the Intelligence Community Staff, such commissioned officer, while serving in such position - (A) shall not be subject to supervision, control, restriction, or prohibition by the Department of Defense or any component thereof; and (B) shall not exercise, by reason of his status as a commissioned officer, any supervision, control, powers, or functions (other than as authorized as Director of the Intelligence Community Staff) with respect to any of the military or civilian personnel thereof. (2) Except as provided in subsection (1), the appointment of a commissioned officer of the Armed Forces to the position of Director of the Intelligence Community Staff, his acceptance of such appointment and his service in such position shall in no way affect his status, position, rank, or grade in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, position, rank, or grade. Any such commissioned officer, while serving in the position of Director of the Intelligence Community Staff, shall continue to hold a rank and grade not lower than that in which he was serving at the time of his appointment to such position and to receive the military pay and allowances (including retired or retainer pay) payable to a commissioned officer of his grade and length of service for which the appropriate military department shall be reimbursed from any funds available to defray the expenses of the Intelligence Community Staff. In addition to any pay or allowance payable under the preceding sentence, such commissioned officer shall be paid by the Intelligence Community Staff, from funds available to defray the expenses of such staff, an annual compensation at a rate equal to the excess of the rate of compensation payable for such position over the annual rate of his military pay (including retired and retainer pay) and allowances. (3) Any commissioned officer to which subsection (1) applies, during the period of his service as Director of the Intelligence Community Staff, shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the Armed Force of which he is a member, except that only one commissioned officer of the Armed Forces occupying the position of Director of Central Intelligence or Deputy Director of Central Intelligence as provided for in section 403 of this title, or the position of Director of the Intelligence Community Staff, under this section, shall be exempt from such numbers and percentage at any one time. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 102a, as added Dec. 9, 1983, Pub. L. 98-215, title IV, Sec. 403, 97 Stat. 1477.) ------DocID 56103 Document 202 of 1268------ -CITE- 50 USC Sec. 403a -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403a. Definitions relating to Central Intelligence Agency -STATUTE- When used in sections 403a to 403s of this title, the term - (a) 'Agency' means the Central Intelligence Agency; (b) 'Director' means the Director of Central Intelligence; (c) 'Government agency' means any executive department, commission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government. -SOURCE- (June 20, 1949, ch. 227, Sec. 1, 63 Stat. 208; Sept. 6, 1960, Pub. L. 86-707, title V, Sec. 511(a)(3), (c)(1), 74 Stat. 800, 801.) -COD- 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. -MISC3- AMENDMENTS 1960 - Subsec. (c). Pub. L. 86-707, Sec. 511(c)(1), substituted 'Government.' for 'Government; and'. Subsec. (d). Pub. L. 86-707, Sec. 511(a)(3), repealed subsec. (d) which defined 'continental United States'. See section 5921 of Title 5, Government Organization and Employees. SHORT TITLE Act June 20, 1949, ch. 227, Sec. 10, formerly Sec. 12, 63 Stat. 212, renumbered July 7, 1958, Pub. L. 85-507, Sec. 21(b)(2), 72 Stat. 337, provided that: 'This Act (enacting section 403a et seq. of this title) may be cited as the 'Central Intelligence Agency Act of 1949'.' SEPARABILITY Act June 20, 1949, Sec. 9, formerly Sec. 11, 63 Stat. 212, renumbered July 7, 1958, Pub. L. 85-507, Sec. 21(b)(2), 72 Stat. 337, provided that: 'If any provision of this Act (enacting sections 403a et seq. of this title), or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.' -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Central Intelligence Agency Act of 1949 is referred to in title 5 sections 2305, 5373; title 22 section 2291. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403e, 403f of this title. ------DocID 56104 Document 203 of 1268------ -CITE- 50 USC Sec. 403b -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403b. Seal of office of Central Intelligence Agency -STATUTE- The Director of Central Intelligence shall cause a seal of office to be made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof. -SOURCE- (June 20, 1949, ch. 227, Sec. 2, 63 Stat. 208.) -COD- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403a, 403e, 403f of this title. ------DocID 56105 Document 204 of 1268------ -CITE- 50 USC Sec. 403c -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403c. Procurement authority of Central Intelligence Agency -STATUTE- (a) Purchases and contracts for supplies and services In the performance of its functions the Central Intelligence Agency is authorized to exercise the authorities contained in sections 2304(a)(1) to (6), (10), (12), (15), (17), and sections 2305(a) to (c), 2306, 2307, 2308, 2309, 2312, and 2313 of title 10. (FOOTNOTE 1) (FOOTNOTE 1) See Codification note below. (b) 'Agency head' defined In the exercise of the authorities granted in subsection (a) of this section, the term 'Agency head' shall mean the Director, the Deputy Director, or the Executive of the Agency. (c) Classes of purchases and contracts; finality of decision; powers delegable The determinations and decisions provided in subsection (a) of this section to be made by the Agency head may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. Except as provided in subsection (d) of this section, the Agency head is authorized to delegate his powers provided in this section, including the making of such determinations and decisions, in his discretion and subject to his direction, to any other officer or officers or officials of the Agency. (d) Powers not delegable; written findings The power of the Agency head to make the determinations or decisions specified in paragraphs (12) and (15) of section 2304(a) and section 2307(a) of title 10 (FOOTNOTE 1) shall not be delegable. Each determination or decision required by paragraphs (12) and (15) of section 2304(a), by sections 2306 and 2313, or by section 2307(a) of title 10, (FOOTNOTE 1) shall be based upon written findings made by the official making such determinations, which findings shall be final and shall be available within the Agency for a period of at least six years following the date of the determination. (e) Automatic data processing equipment and services Notwithstanding subsection (e) of section 759 of title 40, the provisions of section 759 of title 40 relating to the procurement of automatic data processing equipment or services shall not apply with respect to such procurement by the Central Intelligence Agency. -SOURCE- (June 20, 1949, ch. 227, Sec. 3, 63 Stat. 208; Sept. 27, 1982, Pub. L. 97-269, title V, Sec. 502(a), 96 Stat. 1145.) -COD- 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. In subsecs. (a) and (d), references to the appropriate sections of title 10 were substituted for references to sections 2(c)(1) to (6), (10), (12), (15), (17), 3, 4, 5, 6, and 10 of the Armed Services Procurement Act of 1947 (Public Law 413, 80th Congress), on authority of section 49(b) of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, section 1 of which enacted Title 10, Armed Forces. Prior to the enactment of Title 10, sections 2 to 6 and 10 of the Armed Services Procurement Act of 1947 were classified to sections 151 to 155 and 159 of Title 41, Public Contracts. Cited sections of the Act were restated in sections of Title 10 as follows: --------------------------------------------------------------------- --------------------------------------------------------------------- Act Title 10 2(c) 2304(a) 3 2305(a)-(c) 4 2306, 2313 5 2307 5(a) 2307(a) 6 2312 10 2308, 2309 ------------------------------- Sections 2304 and 2305 of title 10 were amended generally by Pub. L. 98-369, and as so amended contain provisions differing from those referred to in subsecs. (a) and (d). -MISC3- AMENDMENTS 1982 - Subsec. (e). Pub. L. 97-269 added subsec. (e). EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-269 effective Sept. 27, 1982, see section 703 of Pub. L. 97-269 set out as an Effective Date note under section 201 of Title 10, Armed Forces. PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIPMENT OR SERVICES; CONTRACTS MADE BEFORE SEPTEMBER 27, 1982 Section 502(b) of Pub. L. 97-269 provided that: 'Subsection (e) of section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(e)), as added by subsection (a) of this section, does not apply to a contract made before the date of the enactment of this Act (Sept. 27, 1982).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403a, 403e, 403f of this title. ------DocID 56106 Document 205 of 1268------ -CITE- 50 USC Sec. 403d -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403d. Repealed. Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72 Stat. 337 -MISC1- Section, act June 20, 1949, ch. 227, Sec. 4, 63 Stat. 208, related to education and training of officers and employees. See section 4101 et seq. of Title 5, Government Organization and Employees. 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. ------DocID 56107 Document 206 of 1268------ -CITE- 50 USC Sec. 403e -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403e. Central Intelligence Agency personnel; allowances and benefits -STATUTE- (a) Travel, allowances, and related expenses for officers and employees assigned to duty stations outside United States Under such regulations as the Director may prescribe, the Agency, with respect to its officers and employees assigned to duty stations outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, shall - (1)(A) pay the travel expenses of officers and employees of the Agency, including expenses incurred while traveling pursuant to authorized home leave; (B) pay the travel expenses of members of the family of an officer or employee of the Agency when proceeding to or returning from his post of duty; accompanying him on authorized home leave; or otherwise traveling in accordance with authority granted pursuant to the terms of sections 403a to 403s of this title or any other Act; (C) pay the cost of transporting the furniture and household and personal effects of an officer or employee of the Agency to his successive posts of duty and, on the termination of his services, to his residence at time of appointment or to a point not more distant, or, upon retirement, to the place where he will reside; (D) pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Agency, when he is absent from his post of assignment under orders, or when he is assigned to a post to which he cannot take or at which he is unable to use such furniture and household and personal effects, or when it is in the public interest or more economical to authorize storage; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law; (E) pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Agency in connection with assignment or transfer to a new post, from the date of his departure from his last post or from the date of his departure, from his place of residence in the case of a new officer or employee and for not to exceed three months after arrival at the new post, or until the establishment of residence quarters, whichever shall be shorter; and in connection with separation of an officer or employee of the Agency, the cost of packing and unpacking, transporting to and from a place of storage, and storing for a period not to exceed three months, his furniture and household and personal effects; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law. (FOOTNOTE 1) (FOOTNOTE 1) So in original. The period probably should be a semicolon. (F) pay the travel expenses and transportation costs incident to the removal of the members of the family of an officer or employee of the Agency and his furniture and household and personal effects, including automobiles, from a post at which, because of the prevalence of disturbed conditions, there is imminent danger to life and property, and the return of such persons, furniture, and effects to such post upon the cessation of such conditions; or to such other post as may in the meantime have become the post to which such officer or employee has been assigned. (2) Charge expenses in connection with travel of personnel, their dependents, and transportation of their household goods and personal effects, involving a change of permanent station, to the appropriation for the fiscal year current when any part of either the travel or transportation pertaining to the transfer begins pursuant to previously issued travel and transfer orders, notwithstanding the fact that such travel or transportation may not all be effected during such fiscal year, or the travel and transfer orders may have been issued during the prior fiscal year. (3)(A) Order to any of the several States of the United States of America (including the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States) on leave of absence each officer or employee of the Agency who was a resident of the United States (as described above) at time of employment, upon completion of two years' continuous service abroad, or as soon as possible thereafter. (B) While in the United States (as described in paragraph (3)(A) of this subsection) (FOOTNOTE 2) on leave, the service of any officer or employee shall be available for work or duties in the Agency or elsewhere as the Director may prescribe; and the time of such work or duty shall not be counted as leave. (FOOTNOTE 2) See Codification note below. (C) Where an officer or employee on leave returns to the United States (as described in paragraph (3)(A) of this subsection), (FOOTNOTE 2) leave of absence granted shall be exclusive of the time actually and necessarily occupied in going to and from the United States (as so described) and such time as may be necessarily occupied in awaiting transportation. (4) Notwithstanding the provisions of any other law, transport for or on behalf of an officer or employee of the Agency, a privately owned motor vehicle in any case in which it shall be determined that water, rail, or air transportation of the motor vehicle is necessary or expedient for all or any part of the distance between points of origin and destination, and pay the costs of such transportation. Not more than one motor vehicle of any officer or employee of the Agency may be transported under authority of this paragraph during any four-year period, except that, as a replacement for such motor vehicle, one additional motor vehicle of any such officer or employee may be so transported during such period upon approval, in advance, by the Director and upon a determination, in advance, by the Director that such replacement is necessary for reasons beyond the control of the officer or employee and is in the interest of the Government. After the expiration of a period of four years following the date of transportation under authority of this paragraph of a privately owned motor vehicle of any officer or employee who has remained in continuous service outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, during such period, the transportation of a replacement for such motor vehicle for such officer or employee may be authorized by the Director in accordance with this paragraph. (5)(A) In the event of illness or injury requiring the hospitalization of an officer or full time employee of the Agency, not the result of vicious habits, intemperance, or misconduct on his part, incurred while on assignment abroad, in a locality where there does not exist a suitable hospital or clinic, pay the travel expenses of such officer or employee by whatever means he shall deem appropriate and without regard to the Standardized Government Travel Regulations and section 5731(a) of title 5, to the nearest locality where a suitable hospital or clinic exists and on his recovery pay for the travel expenses of his return to his post of duty. If the officer or employee is too ill to travel unattended, the Director may also pay the travel expenses of an attendant; (B) Establish a first-aid station and provide for the services of a nurse at a post at which, in his opinion, sufficient personnel is employed to warrant such a station: Provided, That, in his opinion, it is not feasible to utilize an existing facility; (C) In the event of illness or injury requiring hospitalization of an officer or full time employee of the Agency, not the result of vicious habits, intemperance, or misconduct on his part, incurred in the line of duty while such person is assigned abroad, pay for the cost of the treatment of such illness or injury at a suitable hospital or clinic; (D) Provide for the periodic physical examination of officers and employees of the Agency and for the cost of administering inoculation or vaccinations to such officers or employees. (6) Pay the costs of preparing and transporting the remains of an officer or employee of the Agency or a member of his family who may die while in travel status or abroad, to his home or official station, or to such other place as the Director may determine to be the appropriate place of interment, provided that in no case shall the expense payable be greater than the amount which would have been payable had the destination been the home or official station. (7) Pay the costs of travel of new appointees and their dependents, and the transportation of their household goods and personal effects, from places of actual residence in foreign countries at time of appointment to places of employment and return to their actual residences at the time of appointment or a point not more distant: Provided, That such appointees agree in writing to remain with the United States Government for a period of not less than twelve months from the time of appointment. Violation of such agreement for personal convenience of an employee or because of separation for misconduct will bar such return payments and, if determined by the Director or his designee to be in the best interests of the United States, any money expended by the United States on account of such travel and transportation shall be considered as a debt due by the individual concerned to the United States. (b) Allowances and benefits comparable to those paid members of Foreign Service; special requirements; persons detailed or assigned from other agencies; regulations (1) The Director may pay to officers and employees of the Agency, and to persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces, allowances and benefits comparable to the allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law. (2) The Director may pay allowances and benefits related to officially authorized travel, personnel and physical security activities, operational activities, and cover-related activities (whether or not such allowances and benefits are otherwise authorized under this section or any other provision of law) when payment of such allowances and benefits is necessary to meet the special requirements of work related to such activities. Payment of allowances and benefits under this paragraph shall be in accordance with regulations prescribed by the Director. Rates for allowances and benefits under this paragraph may not be set at rates in excess of those authorized by section 5724 and 5724a of title 5 when reimbursement is provided for relocation attributable, in whole or in part, to relocation within the United States. (3) Notwithstanding any other provision of this section or any other provision of law relating to the officially authorized travel of Government employees, the Director, in order to reflect Agency requirements not taken into account in the formulation of Government-wide travel procedures, may by regulation - (A) authorize the travel of officers and employees of the Agency, and of persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces who are engaged in the performance of intelligence functions, and (B) provide for payment for such travel, in classes of cases, as determined by the Director, in which such travel is important to the performance of intelligence functions. (4) Members of the Armed Forces may not receive benefits under both this section and title 37 for the same purpose. The Director and Secretary of Defense shall prescribe joint regulations to carry out the preceding sentence. (5) Regulations issued pursuant to this subsection shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. -SOURCE- (June 20, 1949, ch. 227, Sec. 4, formerly Sec. 5, 63 Stat. 209, renumbered July 7, 1958, Pub. L. 85-507, Sec. 21(b)(2), 72 Stat. 337, and amended Sept. 6, 1960, Pub. L. 86-707, title III, Sec. 301(b), 323, title V, Sec. 511(a)(3), (c)(2)-(5), 74 Stat. 795, 798, 800, 801; Dec. 4, 1981, Pub. L. 97-89, title V, Sec. 501, 95 Stat. 1152.) -REFTEXT- REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (b)(1), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended. Chapter 9 of title I of the Foreign Service Act of 1980 is classified generally to subchapter IX (Sec. 4081 et seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables. -COD- CODIFICATION In subsec. (a)(3)(B), (C), 'this subsection' substituted for 'this section' as the probable intent of Congress in view of the designation of the existing provisions of this section as subsec. (a) and the addition of subsec. (b) by Pub. L. 97-89, title V, Sec. 501, Dec. 4, 1981, 95 Stat. 1152. In subsec. (a)(5)(A), 'section 5731(a) of title 5' substituted for 'section 10 of the Act of March 3, 1933 (47 Stat. 1516; 5 U.S.C. 73b)' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. 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. -MISC3- AMENDMENTS 1981 - Pub. L. 97-89 designated existing provisions as subsec. (a) and added subsec. (b). 1960 - Pub. L. 86-707, Sec. 323(a), substituted 'duty stations outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia' for 'permanent-duty stations outside the continental United States, its territories, and possessions' in opening provisions, and struck out subsec. (a) designation. Par. (1)(A). Pub. L. 86-707, Sec. 511(c)(2), substituted 'pursuant to authorized home leave' for 'pursuant to orders issued by the Director in accordance with the provisions of subsection (a)(3) of this section with regard to the granting of home leave'. Par. (1)(D). Pub. L. 86-707, Sec. 301(b), authorized payment of cost of packing and unpacking and transporting to and from a place of storage, extended authority to pay storage costs for an officer or employee assigned to a post to which he cannot take or at which he is unable to use his furniture and household personal effects by striking out provisions which restricted such payment only to cases where an emergency exists, empowered Director to pay storage costs when it is in the public interest or more economical to authorize storage, and limited weight or volume of effects stored or weight or volume of effects transported to not more than maximum limitations fixed by regulations, when not otherwise fixed by law. Par. (1)(E). Pub. L. 86-707, Sec. 301(b), authorized payment of cost of packing and unpacking and transporting to and from a place of storage, permitted payment from date of departure from officer's or employee's last post or from date of departure from place of residence in the case of a new officer or employee, empowered Director to pay storage costs in connection with separation of an officer or employee from the Agency, and limited weight or volume of effects stored or weight or volume of effects transported to not more than maximum limitations fixed by regulations, when not otherwise fixed by law. Par. (3)(A). Pub. L. 86-707, Sec. 511(c)(3), substituted 'to any of the several States of the United States of America (including the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States) on leave of absence each officer or employee of the Agency who was a resident of the United States (as described above) at time of employment, upon completion of two years' continuous service abroad, or as soon as possible thereafter' for 'to the United States or its Territories and possessions on leave provided for in sections 30-30b of Title 5 (former Title 5, Executive Departments and Government Officers and Employees), or as such sections may hereafter be amended, every officer and employee of the agency who was a resident of the United States or its Territories and possessions at time of employment, upon completion of two years' continuous service abroad, or as soon as possible thereafter: Provided, That such officer or employee has accrued to his credit at the time of such order, annual leave sufficient to carry him in a pay status while in the United States for at least a thirty-day period'. Par. (3)(B). Pub. L. 86-707, Sec. 511(c)(4), substituted 'United States (as described in paragraph (3)(A) of this section) on leave, the service of any officer or employee shall be available for work or duties in the Agency or elsewhere as the Director may prescribe' for 'continental United States on leave, the service of any officer or employee shall not be available for work or duties except in the agency or for training or for reorientation for work'. Par. (3)(C). Pub. L. 86-707, Sec. 511(c)(5), substituted 'returns to the United States (as described in paragraph (3)(A) of this section)' for 'returns to the United States or its Territories and possessions', and 'from the United States (as so described)' for 'from the United States or its Territories and possessions'. Par. (4). Pub. L. 86-707, Sec. 323(b), limited transportation of motor vehicles to one for any officer or employee during any four-year period, and empowered Director to approve transportation of one additional motor vehicle for replacement either during the four-year period or after expiration of four years following date of transportation of a motor vehicle of any officer or employee who has remained in continuous service outside the several States, excluding Alaska and Hawaii, but including the District of Columbia, for such period. Pub. L. 86-707, Sec. 511(a)(3), repealed subsec. (b) which authorized Director to grant allowances in accordance with provisions of section 1131(1), (2) of Title 22, Foreign Relations and Intercourse. See pars. (1)(D) and (1)(E) of this section. 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 1601 of Title 10, Armed Forces. CLARIFICATION OF TERMS APPLIED TO FURNITURE, HOUSEHOLD GOODS, AND PERSONAL EFFECTS IN 1960 AMENDMENT Section 301(d) of Pub. L. 86-707 provided that: 'The term 'furniture and household and personal effects', as used in the amendments made by this part to the Foreign Service Act of 1946, as amended (amending section 1136 of Title 22, Foreign Relations and Intercourse), and the Central Intelligence Agency Act of 1949, as amended (amending this section), and the term 'household goods and personal effects', as used in the amendments made by this part to the Administrative Expenses Act of 1946, as amended (amending section 73b-1 of former Title 5, Executive Departments and Government Officers and Employees), mean such personal property of an employee and the dependents of such employee as the Secretary of State and the Director of Central Intelligence, as the case may be, with respect to the term 'furniture and household and personal effects', and the President, with respect to the term 'household goods and personal effects', shall by regulation authorize to be transported or stored under the amendments made by this part to such Acts (including, in emergencies, motor vehicles authorized to be shipped at Government expense). Such motor vehicle shall be excluded from the weight and volume limitations prescribed by the laws set forth in this part.' Section 301(d) of Pub. L. 86-707 was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 661, insofar as it is applicable to the Administrative Expenses Act of 1946, as amended. -EXEC- EXECUTIVE ORDER NO. 10100 Ex. Ord. No. 10100, Jan. 28, 1950, 15 F.R. 499, which provided for regulations governing the granting of allowances by the Director of the Central Intelligence Agency under this section, was revoked by section 5(a) of Ex. Ord. No. 10903, Jan. 9, 1961, 26 F.R. 217, set out under section 5921 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403a, 403f of this title. ------DocID 56108 Document 207 of 1268------ -CITE- 50 USC Sec. 403e-1 -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403e-1. Eligibility for incentive awards -STATUTE- (a) Scope of authority with respect to Federal employees and members of Armed Forces The Director of Central Intelligence may exercise the authority granted in section 4503 of title 5, with respect to Federal employees and members of the Armed Forces detailed or assigned to the Central Intelligence Agency or to the Intelligence Community Staff, in the same manner as such authority may be exercised with respect to the personnel of the Central Intelligence Agency and the Intelligence Community Staff. (b) Time for exercise of authority The authority granted by subsection (a) of this section may be exercised with respect to Federal employees or members of the Armed Forces detailed or assigned to the Central Intelligence Agency or to the Intelligence Community Staff on or after a date five years before December 9, 1983. (c) Exercise of authority with respect to members of Armed Forces assigned to foreign intelligence duties During fiscal year 1987, the Director of Central Intelligence may exercise the authority granted in section 4503(2) of title 5 with respect to members of the Armed Forces who are assigned to foreign intelligence duties at the time of the conduct which gives rise to the exercise of such authority. (d) Payment and acceptance of award An award made by the Director of Central Intelligence to an employee or member of the Armed Forces under the authority of section 4503 of title 5 or this section may be paid and accepted notwithstanding - (1) section 5536 of title 5; and (2) the death, separation, or retirement of the employee or the member of the Armed Forces whose conduct gave rise to the award, or the assignment of such member to duties other than foreign intelligence duties. -SOURCE- (Pub. L. 98-215, title IV, Sec. 402, Dec. 9, 1983, 97 Stat. 1477; Pub. L. 99-569, title V, Sec. 503, Oct. 27, 1986, 100 Stat. 3198.) -COD- CODIFICATION Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 1984, and not as part of the Central Intelligence Agency Act of 1949 which is classified to section 403a et seq. of this title, nor as part of the National Security Act of 1947 which comprises this chapter. -MISC3- AMENDMENTS 1986 - Subsecs. (c), (d). Pub. L. 99-569 added subsecs. (c) and (d). ------DocID 56109 Document 208 of 1268------ -CITE- 50 USC Sec. 403f -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403f. General authorities of Agency -STATUTE- In the performance of its functions, the Central Intelligence Agency is authorized to - (a) 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 sections 403 and 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; (b) Exchange funds without regard to section 3651 of the Revised Statutes; (c) 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; (d) 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; (e) Make alterations, improvements, and repairs on premises rented by the Agency, and pay rent therefor 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 (f) 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. -SOURCE- (June 20, 1949, ch. 227, Sec. 5, formerly Sec. 6, 63 Stat. 211; June 26, 1951, ch. 151, 65 Stat. 89, renumbered July 7, 1958, Pub. L. 85-507, Sec. 21(b)(2), 72 Stat. 337, and amended Aug. 19, 1964, Pub. L. 88-448, title IV, Sec. 402(a)(28), 78 Stat. 494; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Dec. 4, 1981, Pub. L. 97-89, title V, Sec. 502, 95 Stat. 1153; Dec. 9, 1983, Pub. L. 98-215, title IV, Sec. 401, 97 Stat. 1477.) -REFTEXT- REFERENCES IN TEXT Section 403d of this title, included within the reference in subsec. (a) to sections 403a to 403q, was repealed by Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72 Stat. 337. Section 403i of this title, included within the reference in subsec. (a) to sections 403a to 403q, was repealed by act Sept. 1, 1954, ch. 1208, title VI, Sec. 601(b), 68 Stat. 1115. Section 3651 of the Revised Statutes, referred to in subsec. (b), 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. Act of June 30, 1932, as amended, referred to in subsec. (e), means act June 30, 1932, ch. 314, 47 Stat. 382, popularly known as the Legislative Branch Appropriation Act, 1933. For complete classification of this Act to the Code, see Tables. -COD- 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. -MISC3- AMENDMENTS 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 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 1601 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. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403a, 403e of this title. ------DocID 56110 Document 209 of 1268------ -CITE- 50 USC Sec. 403g -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403g. Protection of nature of Agency's functions -STATUTE- In the interests of the security of the foreign intelligence activities of the United States and in order further to implement the proviso of section 403(d)(3) of this title that the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, the Agency shall be exempted from the provisions of sections 1 and 2 of the Act of August 28, 1935 (49 Stat. 956, 957; 5 U.S.C. 654), and the provisions of any other law which require the publication or disclosure of the organization, functions, names, official titles, salaries, or numbers of personnel employed by the Agency: Provided, That in furtherance of this section, the Director of the Office of Management and Budget shall make no reports to the Congress in connection with the Agency under section 607 of the Act of June 30, 1945, as amended (5 U.S.C. 947(b)). -SOURCE- (June 20, 1949, ch. 227, Sec. 6, formerly Sec. 7, 63 Stat. 211, renumbered July 7, 1958, Pub. L. 85-507, Sec. 21(b)(2), 72 Stat. 337, and amended 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.) -REFTEXT- REFERENCES IN TEXT Act of August 28, 1935, referred to in text, which provided for the yearly publication of the Official Register of the United States, was repealed by Pub. L. 86-626, title I, Sec. 101, July 12, 1960, 74 Stat. 427. Section 607 of the Act of June 30, 1945, as amended, referred to in text, was repealed by act Sept. 12, 1950, ch. 946, title III, Sec. 301(85), 64 Stat. 843. -COD- 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. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403a, 403e, 403f of this title. ------DocID 56111 Document 210 of 1268------ -CITE- 50 USC Sec. 403h -EXPCITE- TITLE 50 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 403h. Admission of essential aliens; limitation on number -STATUTE- Whenever the Director, the Attorney General, and the Commissioner of Immigration and Naturalization shall determine that the entry of a particular alien into the United States for permanent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such alien and his immediate family shall be given entry into the United States for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility: Provided, That the number of aliens and members of their immediate families entering the United States under the authority of this section shall in no case exceed one hundred persons in any one fiscal year. -SOURCE- (June 20, 1949, ch. 227, Sec. 7, formerly Sec. 8, 63 Stat. 212,