Title 50 — War and National Defense
Chapter 46 — Central Intelligence Agency
§ 3506. General authorities
Statutory text
In general
In the performance of its functions, the Central Intelligence Agency is authorized to—
Transfer to and receive from other Government agencies such sums as may be approved by the Office of Management and Budget, for the performance of any of the functions or activities authorized under section 3036 of this title, and any other Government agency is authorized to transfer to or receive from the Agency such sums without regard to any provisions of law limiting or prohibiting transfers between appropriations. Sums transferred to the Agency in accordance with this paragraph may be expended for the purposes and under the authority of this chapter without regard to limitations of appropriations from which transferred;
Exchange funds without regard to section 3651 of the Revised Statutes;
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;
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—
the training of Agency personnel and other authorized persons in the use of firearms;
the protection of classified materials and information;
the protection of installations and property of the Agency;
the protection of—
current and former Agency personnel and their immediate families;
individuals nominated by the President to the position of Director (including with respect to an individual whom a President-elect (as defined in section 3(c) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) has declared an intent to nominate) and their immediate families; and
defectors and their immediate families, and other persons in the United States under Agency auspices; and
with respect to the Office of the Director of National Intelligence, the protection of—
installations and property of the Office of the Director of National Intelligence;
the Director of National Intelligence and the immediate family of the Director;
current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate; and
individuals nominated by the President to the position of Director of National Intelligence (including with respect to an individual whom a President-elect has declared an intent to nominate) and their immediate families;
Make alterations, improvements, and repairs on premises rented by the Agency, and pay rent therefor;
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;
Notwithstanding section 1341(a)(1) of title 31, enter into multiyear leases for up to 15 years; and
Upon the approval of the Director, provide, during any fiscal year, with or without reimbursement, subsistence to any personnel assigned to an overseas location designated by the Agency as an austere location.
Scope of authority for expenditure
The authority to enter into a multiyear lease under subsection (a)(7) shall be subject to appropriations provided in advance for—
the entire lease; or
the first 12 months of the lease and the Government’s estimated termination liability.
In the case of any such lease entered into under subparagraph (B) of paragraph (1)—
such lease shall include a clause that provides that the contract shall be terminated if budget authority (as defined by section 622(2) of title 2) is not provided specifically for that project in an appropriations Act in advance of an obligation of funds in respect thereto;
notwithstanding section 1552 of title 31, amounts obligated for paying termination costs with respect to such lease shall remain available until the costs associated with termination of such lease are paid;
funds available for termination liability shall remain available to satisfy rental obligations with respect to such lease in subsequent fiscal years in the event such lease is not terminated early, but only to the extent those funds are in excess of the amount of termination liability at the time of their use to satisfy such rental obligations; and
funds appropriated for a fiscal year may be used to make payments on such lease, for a maximum of 12 months, beginning any time during such fiscal year.
Transfers for acquisition of land
Sums appropriated or otherwise made available to the Agency for the acquisition of land that are transferred to another department or agency for that purpose shall remain available for 3 years.
The Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the transfer of sums described in paragraph (1) each time that authority is exercised.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Central Intelligence Agency Act of 1949
Pub. L. 81–227 § 5 · 63 Stat. 208
Enacted · 50 U.S.C. § 3506
June 20, 1949, ch. 227, § 5, formerly § 6, 63 Stat. 211
Source evidence
Code source credit
June 20, 1949, ch. 227, § 5, formerly § 6, 63 Stat. 211Enacted provision · exact public law section
Sec. 5. travel, allowances, and related expenses (a) Under such regulations as the Director may prescribe, the Agency, with respect to its officers and employees assigned to permanent-duty stations outside the continental United States, its territories, and possessions, shall— (1) (A) pay the travel expenses of officers and employees of Travel expenses. the Agency including expenses incurred while traveling pursuant to orders issued by the Director in accordance with the provisions of section 5 (a) (3) with regard to the granting of 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 this or any other Act; (C) pay the cost of transporting the furniture and household Transportation of household and personal effects. 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 storing the furniture and household and Storage. personal effects of an officer or employee of the Agency who is absent under orders from his usual post of duty, or who is assigned to a post to which, because of emergency conditions, he cannot take or at which he is unable to use, his furniture and household and personal effects; (E) pay the cost of storing the furniture and household and personal effects of an officer or employee of the Agency on first arrival at a post for a period not in excess of three months after such first arrival at such post or until the establishment of residence quarters, whichever shall be shorter; (F) pay the travel expenses and transportation costs incident Removal from dangerous post, etc. 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, Change of permanent station. 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 the United States or its Territories and Return to U. S. on leave. 27 Stat. 715; 47 Stat. 407; 49 Stat. 1161. 5 U. S. C. Supp. II, § 30b note. possessions on leave provided for in 5 U. S. C. 30, 30a, 30b, 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. (B) While in the 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; and the time of such work or duty shall not be counted as leave. (C) Where an officer or employee on leave returns to the United States or its Territories and possessions, leave of absence granted shall be exclusive of the time actually and necessarily occupied in going to and from the United States or its Territories and possessions, 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 automobile in any case where it shall be determined that water, rail, or air transportation of the automobile is necessary or expedient for any part or of all the distance between points of origin and destination, and pay the costs of such transportation. (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 10 of the Act of March 3, 1933 (47 Stat. 1516; 5 U. S. C. 73b), 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 inoculations 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) In accordance with such regulations as the President may prescribe Allowances. and notwithstanding the provisions of section 1765 of the Revised Statutes (5 U. S. C. 70), the Director is authorized to grant to any officer or employee of the Agency allowances in accordance with the provisions of section 901 (1) and 901 (2) of the Foreign Service Act of 1946.Public Law not identified
Added · 50 U.S.C. § 3506(f)
Subsec. (f). Act June 26, 1951, added subsec. (f)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (f). Act June 26, 1951, added subsec. (f).Dual Compensation Act
Pub. L. 88–448 title IV § 402(a)(28) · 78 Stat. 484
Repealed · 50 U.S.C. § 3506(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(28) Section 5(f) of the Central Intelligence Agency Act of 1949, as amended (65 Stat. 89, 72 Stat. 337; 50 U.S.C. 403f (f)), authorizing employment of not more than fifteen retired officers who must elect between civilian salary and retired pay.Pub. L. 97–89 title V § 502 · 95 Stat. 1150
Substituted · 50 U.S.C. § 3506(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;”
Source evidence
Code amendment note
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;”.Enacted provision · exact public law section
Sec. 502. authority to carry firearms Subsection (d) of section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(d)) is amended to read as follows: “(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; and”.Intelligence Authorization Act for Fiscal Year 1984
Pub. L. 98–215 title IV § 401 · 97 Stat. 1473
Added · 50 U.S.C. § 3506(f)
Pub. L. 98–215 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–215 added subsec. (f).Enacted provision · exact public law section
Sec. 401. eligibility for appointment to certain central intelligence agency positions Section 5 of the Central Intelligence Agency Act of 1949 Age limits. (50 U.S.C. 4030 is amended by striking the last “and” in subsection (d), by striking the period at the end of subsection (e) and substituting in lieu thereof “; and”, and by adding at the end thereof the following new subsection: “(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.”.Intelligence Authorization Act for Fiscal Year 1994
Pub. L. 103–178 title V § 501(1) · 107 Stat. 2024
Substituted · 50 U.S.C. § 3506(a)
Pub. L. 103–178 substituted “Office of Management and Budget” for “Bureau of the Budget”
Substituted · 50 U.S.C. § 3506(a)
Pub. L. 103–178 substituted “subparagraphs (B) and (C) of section 403(a)(2) of this title, subsections (c)(5) and (d) of section 403–3 of this title, subsections (a) and (g) of section 403–4 of this title, and section 405 of this title” for “sections 403 and 405 of this title”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–178 substituted “Office of Management and Budget” for “Bureau of the Budget” and “subparagraphs (B) and (C) of section 403(a)(2) of this title, subsections (c)(5) and (d) of section 403–3 of this title, subsections (a) and (g) of section 403–4 of this title, and section 405 of this title” for “sections 403 and 405 of this title”.Enacted provision · exact public law section
(1) in section 5(a) (50 U.S.C. 403f(a))— (A) by striking “Bureau of the Budget” and inserting in lieu thereof “Office of Management and Budget”; and (B) by striking “sections 102 and 303 of the National Security Act of 1947 (Public Law 253, Eightieth Congress)” in the rust sentence and inserting in lieu thereof “subparagraphs (B) and (C) of section 102(a)(2), subsections (c)(5) and (d) of section 103, subsections (a) and (g) of section 104, and section 303 of the National Security Act of 1947 (50 U.S.C. 403(a)(2), 403–3, 403–4, and 405)”;Intelligence Authorization Act for Fiscal Year 1998
Pub. L. 105–107 title IV § 401(a) · 111 Stat. 2248
Amended · 50 U.S.C. § 3506
Pub. L. 105–107 designated existing provisions as subsec. (a)
Redesignated · 50 U.S.C. § 3506
Pub. L. 105–107 redesignated former subsecs. (a) to (f) as pars. (1) to (6), respectively, of subsec. (a), in par. (5) substituted semicolon for “without regard to limitations on expenditures contained in the Act of June 30, 1932, as amended: Provided, That in each case the Director shall certify that exception from such limitations is necessary to the successful performance of the Agency’s functions or to the security of its activities; and”
Added · 50 U.S.C. § 3506
Pub. L. 105–107 added par. (7) and subsec. (b)
Source evidence
Code amendment note
Pub. L. 105–107 designated existing provisions as subsec. (a), redesignated former subsecs. (a) to (f) as pars. (1) to (6), respectively, of subsec. (a), in par. (5) substituted semicolon for “without regard to limitations on expenditures contained in the Act of June 30, 1932, as amended: Provided, That in each case the Director shall certify that exception from such limitations is necessary to the successful performance of the Agency’s functions or to the security of its activities; and”, and added par. (7) and subsec. (b).Enacted provision · exact public law section
(a) In General.— Section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f) is amended— (1) by redesignating paragraphs (a) through (f) as paragraphs (1) through (6), respectively; (2) by inserting “(a)” after “Sec. 5.”; (3) in paragraph (5), as so redesignated, by striking out “without regard” and all that follows through “; and” and inserting in lieu thereof a semicolon; (4) by striking out the period at the end of paragraph (6), as so redesignated, and inserting in lieu thereof “; and”; (5) by inserting after paragraph (6) the following new paragraph: “(7) Notwithstanding section 1341(a)(1) of title 31, United States Code, enter into multiyear leases for up to 15 years.”; and (6) by inserting at the end the following new subsection: “(b) (1) The authority to enter into a multiyear lease under subsection (a)(7) shall be subject to appropriations provided in advance for— “(A) the entire lease; or “(B) the first 12 months of the lease and the Government’s estimated termination liability. “(2) In the case of any such lease entered into under subparagraph (B) of paragraph (1)— “(A) such lease shall include a clause that provides that the contract shall be terminated if budget authority (as defined by section 3(2) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(2))) is not provided specifically for that project in an appropriations Act in advance of an obligation of funds in respect thereto; “(B) notwithstanding section 1552 of title 31, United States Code, amounts obligated for paying termination costs with respect to such lease shall remain available until the costs associated with termination of such lease are paid; “(C) funds available for termination liability shall remain available to satisfy rental obligations with respect to such lease in subsequent fiscal years in the event such lease is not terminated early, but only to the extent those funds are in excess of the amount of termination liability at the time of their use to satisfy such rental obligations; and “(D) funds appropriated for a fiscal year may be used to make payments on such lease, for a maximum of 12 months, beginning any time during such fiscal year.”.Intelligence Authorization Act for Fiscal Year 1999
Pub. L. 105–272 § 403(a)(1) · 112 Stat. 2396
Substituted · 50 U.S.C. § 3506(a)(1)
Pub. L. 105–272, § 403(a)(1), substituted “paragraphs (2) and (3) of section 403(a)” for “subparagraphs (B) and (C) of section 403(a)(2)” made technical amendments to references in original act which appear in text as references to sections 403, 403–3, 403–4 of this title
Substituted · 50 U.S.C. § 3506(a)(1)
Pub. L. 105–272, § 403(a)(1), substituted “(c)(6)” for “(c)(5)” made technical amendments to references in original act which appear in text as references to sections 403, 403–3, 403–4 of this title
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 105–272, § 403(a)(1), substituted “paragraphs (2) and (3) of section 403(a)” for “subparagraphs (B) and (C) of section 403(a)(2)” and “(c)(6)” for “(c)(5)” and made technical amendments to references in original act which appear in text as references to sections 403, 403–3, 403–4 of this title.Enacted provision · exact public law section
(1) Section 5(a)(1) (50 U.S.C. 403f(a)(1)) is amended— (A) by striking out “subparagraphs (B) and (C) of section 102(a)(2)” and inserting in lieu thereof “paragraphs (2) and (3) of section 102(a)”; (B) by striking out “(c)(5)” and inserting in lieu thereof “(c)(6)”; (C) by inserting “(3),” after “403(a)(2),”; (D) by inserting “(c)(6), (d)” after “403–3”; and (E) by inserting “(a), (g)” after “403–4”.Intelligence Authorization Act for Fiscal Year 1999
Pub. L. 105–272 § 401 · 112 Stat. 2396
Substituted · 50 U.S.C. § 3506(a)(4)
Pub. L. 105–272, § 401, substituted “and the protection of current and former Agency personnel and their immediate families, defectors and their immediate families,” for “and the protection of Agency personnel and of defectors, their families,”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 105–272, § 401, substituted “and the protection of current and former Agency personnel and their immediate families, defectors and their immediate families,” for “and the protection of Agency personnel and of defectors, their families,”.Enacted provision · exact public law section
SEC. 401. ENHANCED PROTECTIVE AUTHORITY FOR CIA PERSONNEL AND FAMILY MEMBERS. Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is amended by striking out “and the protection of Agency personnel and of defectors, their families,” and inserting in lieu thereof “and the protection of current and former Agency personnel and their immediate families, defectors and their immediate families,”.Intelligence Authorization Act for Fiscal Year 2001
Pub. L. 106–567 title IV § 405(a) · 114 Stat. 2831
Added · 50 U.S.C. § 3506
Pub. L. 106–567 added subsec. (a) and (b) headings and subsec. (c)
Source evidence
Code amendment note
Pub. L. 106–567 added subsec. (a) and (b) headings and subsec. (c).Enacted provision · exact public law section
(a) In General.— Section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f) is amended by adding at the end the following new subsection: “(c) Transfers for Acquisition of Land.— (1) Sums appropriated or otherwise made available to the Agency for the acquisition of land that are transferred to another department or agency for that purpose shall remain available for 3 years. “(2) The Director shall submit to the Select Committee on Reports. Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives an annual report on the transfers of sums described in paragraph (1). ” .Effective date note
Pub. L. 106–567, title IV, § 405(c), Dec. 27, 2000, 114 Stat. 2849, provided that: “Subsection (c) of section 5 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3506(c)], as added by subsection (a) of this section, shall apply with respect to amounts appropriated or otherwise made available for the Central Intelligence Agency for fiscal years after fiscal year 2000.”Pub. L. 107–306 title VIII § 841(c) · 116 Stat. 2383
Substituted · 50 U.S.C. § 3506(c)(2)
Pub. L. 107–306 substituted “a report on the transfer of sums described in paragraph (1) each time that authority is exercised.” for “an annual report on the transfers of sums described in paragraph (1).”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 107–306 substituted “a report on the transfer of sums described in paragraph (1) each time that authority is exercised.” for “an annual report on the transfers of sums described in paragraph (1).”Enacted provision · exact public law section
(c) Annual Report on Transfers of Amounts for Acquisition of Land by the Central Intelligence Agency.— Section 5(c)(2) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(c)(2)) is amended by striking “an annual report on the transfers of sums described in paragraph (1).” and inserting “a report on the transfer of sums described in paragraph (1) each time that authority is exercised.”.Intelligence Authorization Act for Fiscal Year 2004
Pub. L. 108–177 title III § 377(b)(1) · 117 Stat. 2599
Substituted · 50 U.S.C. § 3506(a)(1)
Pub. L. 108–177 substituted “(c)(7)” for “(c)(6)”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 108–177 substituted “(c)(7)” for “(c)(6)”.Enacted provision · exact public law section
(1) Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking “(c)(6)” each place it appears and inserting “(c)(7)”.Intelligence Authorization Act for Fiscal Year 2010
Pub. L. 111–259 § 802(1) · 124 Stat. 2654
Substituted · 50 U.S.C. § 3506(a)(1)
Pub. L. 111–259, § 802(1), substituted “authorized under section 403–4a of this title.” for “authorized under paragraphs (2) and (3) of section 403(a) of this title, subsections (c)(7) and (d) of section 403–3 of this title, subsections (a) and (g) of section 403–4 of this title, and section 405 of this title”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 111–259, § 802(1), substituted “authorized under section 403–4a of this title.” for “authorized under paragraphs (2) and (3) of section 403(a) of this title, subsections (c)(7) and (d) of section 403–3 of this title, subsections (a) and (g) of section 403–4 of this title, and section 405 of this title”.Enacted provision · exact public law section
(1) in paragraph (1) of section 5(a), 50 USC 403f. by striking “authorized under paragraphs (2) and (3) of section 102(a), subsections (c)(7) and (d) of section 103, subsections (a) and (g) of section 104, and section 303 of the National Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)” and inserting “authorized under section 104A of the National Security Act of 1947 (50 U.S.C. 403–4a).”; andIntelligence Authorization Act for Fiscal Year 2010
Pub. L. 111–259 § 421 · 124 Stat. 2654
Substituted · 50 U.S.C. § 3506(a)(4)
Pub. L. 111–259, § 421, substituted “the protection of current” for “and the protection of current”
Inserted · 50 U.S.C. § 3506(a)(4)
Pub. L. 111–259, § 421, inserted “, and the protection of the Director of National Intelligence and such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate” before the semicolon
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 111–259, § 421, substituted “the protection of current” for “and the protection of current” and inserted “, and the protection of the Director of National Intelligence and such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate” before the semicolon.Enacted provision · exact public law section
SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY. Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is amended— (1) by striking “and the protection” and inserting “the protection”; and (2) by inserting before the semicolon the following: “, and the protection of the Director of National Intelligence and such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate”.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 6411(1) · 133 Stat. 1198
Substituted · 50 U.S.C. § 3506(a)(1)
Pub. L. 116–92, § 6411(1), substituted “section 3036 of this title,” for “section 3036 of this title.,”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 116–92, § 6411(1), substituted “section 3036 of this title,” for “section 3036 of this title.,”.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 6401 · 133 Stat. 1198
Substituted · 50 U.S.C. § 3506(a)(4)
Pub. L. 116–92, § 6401, substituted “current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;” for “such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate;”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 116–92, § 6401, substituted “current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;” for “such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate;”.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 6411(2) · 133 Stat. 1198
Added · 50 U.S.C. § 3506(a)(8)
Pub. L. 116–92, § 6411(2)–(4), added par. (8)
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 116–92, § 6411(2)–(4), added par. (8).Intelligence Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 6414(a) · 136 Stat. 2395
Amended · 50 U.S.C. § 3506(a)(4)
Pub. L. 117–263, § 6414(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency’s authorized functions, except that, within the United States, such authority shall be limited to the purposes of protection of classified materials and information, the training of Agency personnel and other authorized persons in the use of firearms, the protection of Agency and Office of the Director of National Intelligence installations and property, the protection of current and former Agency personnel and their immediate families, defectors and their immediate families, and other persons in the United States under Agency auspices, and the protection of the Director of National Intelligence and current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 117–263, § 6414(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency’s authorized functions, except that, within the United States, such authority shall be limited to the purposes of protection of classified materials and information, the training of Agency personnel and other authorized persons in the use of firearms, the protection of Agency and Office of the Director of National Intelligence installations and property, the protection of current and former Agency personnel and their immediate families, defectors and their immediate families, and other persons in the United States under Agency auspices, and the protection of the Director of National Intelligence and current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;”.Enacted provision · exact public law section
(a) Authority.— Paragraph (4) of section 5(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)), as amended by section 6303, is further amended to read as follows: “(4) Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency’s authorized functions, except that, within the United States, such authority shall be limited to the purposes of— “(A) the training of Agency personnel and other authorized persons in the use of firearms; “(B) the protection of classified materials and information; “(C) the protection of installations and property of the Agency; “(D) the protection of— “(i) current and former Agency personnel and their immediate families; “(ii) individuals nominated by the President to the position of Director (including with respect to an individual whom a President-elect (as defined in section 3(c) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) has declared an intent to nominate) and their immediate families; and “(iii) defectors and their immediate families, and other persons in the United States under Agency auspices; and “(E) with respect to the Office of the Director of National Intelligence, the protection of— “(i) installations and property of the Office of the Director of National Intelligence; “(ii) the Director of National Intelligence and the immediate family of the Director; “(iii) current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate; and “(iv) individuals nominated by the President to the position of Director of National Intelligence (including with respect to an individual whom a President-elect has declared an intent to nominate) and their immediate families;” .Intelligence Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 6303(b) · 136 Stat. 2395
Inserted · 50 U.S.C. § 3506(a)(4)
Pub. L. 117–263, § 6303(b), inserted “and Office of the Director of National Intelligence” after “protection of Agency”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–263, § 6303(b), inserted “and Office of the Director of National Intelligence” after “protection of Agency”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 5(a)(4) of such Act (50 U.S.C. 3506(a)(4)) is amended by inserting “and Office of the Director of National Intelligence” after “protection of Agency”.Intelligence Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 6414(c) · 136 Stat. 2395
Changed · 50 U.S.C. § 3506(a)(7); 50 U.S.C. § 3506(a)(8)
Pub. L. 117–263, § 6414(c), realigned margins
Source evidence
Code amendment note
Subsec. (a)(7), (8). Pub. L. 117–263, § 6414(c), realigned margins.Enacted provision · exact public law section
(c) Technical Amendment.— Paragraphs (7) and (8) of section 5(a) of such Act (50 U.S.C. 3506(a)) are amended by adjusting the margins to conform with the other paragraphs in such section.
21 of 25 references resolved to an enrolled provision · 3 partial · 1 unresolved
Editorial Notes
References in Text
Section 3651 of the Revised Statutes, referred to in subsec. (a)(2), was classified to section 543 of former Title 31, and was repealed by Pub. L. 97–258, § 5(b), , 96 Stat. 1084, the first section of which enacted Title 31, Money and Finance.
Section 3(c) of the Presidential Transition Act of 1963, referred to in subsec. (a)(4)(D)(ii), is section 3(c) of Pub. L. 88–277, which is set out in a note under section 102 of Title 3, The President.
Codification
Section was formerly classified to section 403f of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Prior Provisions
A prior section 5 of act , was renumbered section 4 and is classified to section 3505 of this title.
Amendments1951–2022 · 13 rounds
2022
Subsec. (a)(4). Pub. L. 117–263, § 6414(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency’s authorized functions, except that, within the United States, such authority shall be limited to the purposes of protection of classified materials and information, the training of Agency personnel and other authorized persons in the use of firearms, the protection of Agency and Office of the Director of National Intelligence installations and property, the protection of current and former Agency personnel and their immediate families, defectors and their immediate families, and other persons in the United States under Agency auspices, and the protection of the Director of National Intelligence and current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;”.
Pub. L. 117–263, § 6303(b), inserted “and Office of the Director of National Intelligence” after “protection of Agency”.
Subsec. (a)(7), (8). Pub. L. 117–263, § 6414(c), realigned margins.
2019
Subsec. (a)(1). Pub. L. 116–92, § 6411(1), substituted “section 3036 of this title,” for “section 3036 of this title.,”.
Subsec. (a)(4). Pub. L. 116–92, § 6401, substituted “current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;” for “such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate;”.
Subsec. (a)(8). Pub. L. 116–92, § 6411(2)–(4), added par. (8).
2010
Subsec. (a)(1). Pub. L. 111–259, § 802(1), substituted “authorized under section 403–4a of this title.” for “authorized under paragraphs (2) and (3) of section 403(a) of this title, subsections (c)(7) and (d) of section 403–3 of this title, subsections (a) and (g) of section 403–4 of this title, and section 405 of this title”.
Subsec. (a)(4). Pub. L. 111–259, § 421, substituted “the protection of current” for “and the protection of current” and inserted “, and the protection of the Director of National Intelligence and such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate” before the semicolon.
2003
Subsec. (a)(1). Pub. L. 108–177 substituted “(c)(7)” for “(c)(6)”.
2002
Subsec. (c)(2). Pub. L. 107–306 substituted “a report on the transfer of sums described in paragraph (1) each time that authority is exercised.” for “an annual report on the transfers of sums described in paragraph (1).”
2000
Pub. L. 106–567 added subsec. (a) and (b) headings and subsec. (c).
1998
Subsec. (a)(1). Pub. L. 105–272, § 403(a)(1), substituted “paragraphs (2) and (3) of section 403(a)” for “subparagraphs (B) and (C) of section 403(a)(2)” and “(c)(6)” for “(c)(5)” and made technical amendments to references in original act which appear in text as references to sections 403, 403–3, 403–4 of this title.
Subsec. (a)(4). Pub. L. 105–272, § 401, substituted “and the protection of current and former Agency personnel and their immediate families, defectors and their immediate families,” for “and the protection of Agency personnel and of defectors, their families,”.
1997
Pub. L. 105–107 designated existing provisions as subsec. (a), redesignated former subsecs. (a) to (f) as pars. (1) to (6), respectively, of subsec. (a), in par. (5) substituted semicolon for “without regard to limitations on expenditures contained in the Act of , as amended: Provided, That in each case the Director shall certify that exception from such limitations is necessary to the successful performance of the Agency’s functions or to the security of its activities; and”, and added par. (7) and subsec. (b).
1993
Subsec. (a). Pub. L. 103–178 substituted “Office of Management and Budget” for “Bureau of the Budget” and “subparagraphs (B) and (C) of section 403(a)(2) of this title, subsections (c)(5) and (d) of section 403–3 of this title, subsections (a) and (g) of section 403–4 of this title, and section 405 of this title” for “sections 403 and 405 of this title”.
1983
Subsec. (f). Pub. L. 98–215 added subsec. (f).
1981
Subsec. (d). Pub. L. 97–89 substituted “Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency’s authorized functions, except that, within the United States, such authority shall be limited to the purposes of protection of classified materials and information, the training of Agency personnel and other authorized persons in the use of firearms, the protection of Agency installations and property, and the protection of Agency personnel and of defectors, their families, and other persons in the United States under Agency auspices; and” for “Authorize couriers and guards designated by the Director to carry firearms when engaged in transportation of confidential documents and materials affecting the national defense and security;”.
1964
Subsec. (f). Pub. L. 88–448 repealed subsec. (f) which authorized employment of not more than fifteen retired officers who must elect between civilian salary and retired pay. See section 3101 et seq. of Title 5, Government Organization and Employees.
1951
Subsec. (f). Act , added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Pub. L. 106–567, title IV, § 405(c), , 114 Stat. 2849, provided that: “Subsection (c) of section 5 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3506(c)], as added by subsection (a) of this section, shall apply with respect to amounts appropriated or otherwise made available for the Central Intelligence Agency for fiscal years after fiscal year 2000.”
Effective Date of 1997 Amendment
Pub. L. 105–107, title IV, § 401(b), , 111 Stat. 2257, provided that: “The amendments made by subsection (a) [amending this section] apply to multiyear leases entered into under section 5 of the Central Intelligence Agency Act of 1949 [this section], as so amended, on or after .”
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–89 effective , see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–448 effective on first day of first month which begins later than the ninetieth day following , see section 403 of Pub. L. 88–448, title IV, , 78 Stat. 496.
Historical Advisory Panel of Central Intelligence Agency
Pub. L. 117–263, div. F, title LXIV, § 6413, , 136 Stat. 3527, provided that:
“(a) Sense of Congress.—
It is the sense of Congress that Congress expresses its appreciation—
“(1) to the Director of the Central Intelligence Agency for reconstituting the Historical Advisory Panel; and
“(2) for the important work of the Historical Advisory Panel, especially for—
“(A) the efforts of the Panel to aid with the declassification of materials that enrich the historical national security record; and
“(B) the assistance of the Panel in liaison with the scholarly community.
“(b) Reporting Requirement.—
The Historical Advisory Panel shall report directly to the Director of the Central Intelligence Agency.
“(c) Historical Advisory Panel Defined.—
The term ‘Historical Advisory Panel’ means the panel of the Central Intelligence Agency, regardless of the name of the panel, that assists in conducting declassification reviews and providing other assistance with respect to matters of historical interest.”
Restriction on Transfer of Funds Available to Central Intelligence Agency for Drug Interdiction and Counter-Drug Activities
Pub. L. 119–75, div. A, title VIII, § 8049(b), , 140 Stat. 211, provided that: “None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 118–47, div. A, title VIII, § 8050(b), , 138 Stat. 496.
Pub. L. 117–328, div. C, title VIII, § 8051(b), , 136 Stat. 4599.
Pub. L. 117–103, div. C, title VIII, § 8052(b), , 136 Stat. 188.
Pub. L. 116–260, div. C, title VIII, § 8047(b), , 134 Stat. 1316.
Pub. L. 116–93, div. A, title VIII, § 8047(b), , 133 Stat. 2348.
Pub. L. 115–245, div. A, title VIII, § 8045(b), , 132 Stat. 3012.
Pub. L. 115–141, div. C, title VIII, § 8045(b), , 132 Stat. 475.
Pub. L. 115–31, div. C, title VIII, § 8047(b), , 131 Stat. 259.
Pub. L. 114–113, div. C, title VIII, § 8046(b), , 129 Stat. 2362.
Pub. L. 113–235, div. C, title VIII, § 8045(b), , 128 Stat. 2264.
Pub. L. 113–76, div. C, title VIII, § 8045(b), , 128 Stat. 115.
Pub. L. 113–6, div. C, title VIII, § 8045(b), , 127 Stat. 308.
Pub. L. 112–74, div. A, title VIII, § 8045(b), , 125 Stat. 817.
Pub. L. 112–10, div. A, title VIII, § 8045(b), , 125 Stat. 67.
Pub. L. 111–118, div. A, title VIII, § 8047(b), , 123 Stat. 3439.
Pub. L. 110–329, div. C, title VIII, § 8047(b), , 122 Stat. 3632.
Pub. L. 110–116, div. A, title VIII, § 8048(b), , 121 Stat. 1325.
Pub. L. 109–289, div. A, title VIII, § 8045(b), , 120 Stat. 1283.
Pub. L. 109–148, div. A, title VIII, § 8052(b), , 119 Stat. 2710.
Pub. L. 108–287, title VIII, § 8057(b), , 118 Stat. 983.
Pub. L. 108–87, title VIII, § 8057(b), , 117 Stat. 1085.
Pub. L. 107–248, title VIII, § 8058(b), , 116 Stat. 1550.
Pub. L. 107–117, div. A, title VIII, § 8063(b), , 115 Stat. 2261.
Pub. L. 106–259, title VIII, § 8062(b), , 114 Stat. 688.
Pub. L. 106–79, title VIII, § 8065(b), , 113 Stat. 1244.
Pub. L. 105–262, title VIII, § 8065(b), , 112 Stat. 2312.
Pub. L. 105–56, title VIII, § 8071(b), , 111 Stat. 1235.
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8080(b)], , 110 Stat. 3009–71, 3009–104.
Credits
1949–2022 · 15 acts
- 1949June 20, 1949, ch. 227, § 5, formerly § 6, 63 Stat. 211
- 1951June 26, 1951, ch. 151, 65 Stat. 89
- 1958renumbered § 5, Pub. L. 85–507, § 21(b)(2), , 72 Stat. 337
- 1964amended Pub. L. 88–448, title IV, § 402(a)(28), , 78 Stat. 494
- 1981Pub. L. 97–89, title V, § 502, , 95 Stat. 1153
- 1983Pub. L. 98–215, title IV, § 401, , 97 Stat. 1477
- 1993Pub. L. 103–178, title V, § 501(1), , 107 Stat. 2038
- 1997Pub. L. 105–107, title IV, § 401(a), , 111 Stat. 2257
- 1998Pub. L. 105–272, title IV, §§ 401, 403(a)(1), , 112 Stat. 2403, 2404
- 2000Pub. L. 106–567, title IV, § 405(a), (b), , 114 Stat. 2849
- 2002Pub. L. 107–306, title VIII, § 841(c), , 116 Stat. 2431
- 2003Pub. L. 108–177, title III, § 377(b)(1), , 117 Stat. 2630
- 2010Pub. L. 111–259, title IV, § 421, title VIII, § 802(1), , 124 Stat. 2727, 2746
- 2019Pub. L. 116–92, div. E, title LXIV, §§ 6401, 6411, , 133 Stat. 2195, 2196
- 2022Pub. L. 117–263, div. F, title LXIII, § 6303(b), title LXIV, § 6414(a), (c), , 136 Stat. 3503, 3527, 3528.
Show as published
(June 20, 1949, ch. 227, § 5, formerly § 6, 63 Stat. 211; June 26, 1951, ch. 151, 65 Stat. 89; renumbered § 5, Pub. L. 85–507, § 21(b)(2), , 72 Stat. 337; amended Pub. L. 88–448, title IV, § 402(a)(28), , 78 Stat. 494; Pub. L. 97–89, title V, § 502, , 95 Stat. 1153; Pub. L. 98–215, title IV, § 401, , 97 Stat. 1477; Pub. L. 103–178, title V, § 501(1), , 107 Stat. 2038; Pub. L. 105–107, title IV, § 401(a), , 111 Stat. 2257; Pub. L. 105–272, title IV, §§ 401, 403(a)(1), , 112 Stat. 2403, 2404; Pub. L. 106–567, title IV, § 405(a), (b), , 114 Stat. 2849; Pub. L. 107–306, title VIII, § 841(c), , 116 Stat. 2431; Pub. L. 108–177, title III, § 377(b)(1), , 117 Stat. 2630; Pub. L. 111–259, title IV, § 421, title VIII, § 802(1), , 124 Stat. 2727, 2746; Pub. L. 116–92, div. E, title LXIV, §§ 6401, 6411, , 133 Stat. 2195, 2196; Pub. L. 117–263, div. F, title LXIII, § 6303(b), title LXIV, § 6414(a), (c), , 136 Stat. 3503, 3527, 3528.)