50 U.S.C. § 3325 — Reaffirmation of longstanding prohibition

Page 791 TITLE 50—WAR AND NATIONAL DEFENSE § 3325 (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 de- tailed 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 mem- bers of Armed Forces assigned to foreign in- telligence 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 mem- bers 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 In- telligence 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 ac- cepted 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. (Pub. L. 98–215, title IV, § 402, Dec. 9, 1983, 97 Stat. 1477; Pub. L. 99–569, title V, § 503, Oct. 27, 1986, 100 Stat. 3198.) Editorial Notes CODIFICATION Section was formerly classified to section 403e–1 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 1986—Subsecs. (c), (d). Pub. L. 99–569 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title. § 3324. Prohibition on using journalists as agents or assets (a) Policy It is the policy of the United States that an element of the Intelligence Community may not use as an agent or asset for the purposes of col- lecting intelligence any individual who— (1) is authorized by contract or by the issuance of press credentials to represent him- self or herself, either in the United States or abroad, as a correspondent of a United States news media organization; or (2) is officially recognized by a foreign gov- ernment as a representative of a United States media organization. (b) Waiver Pursuant to such procedures as the President may prescribe, the President or the Director of Central Intelligence may waive subsection (a) in the case of an individual if the President or the Director, as the case may be, makes a written determination that the waiver is necessary to address the overriding national security interest of the United States. The Permanent Select Committee on Intelligence of the House of Rep- resentatives and the Select Committee on Intel- ligence of the Senate shall be notified of any waiver under this subsection. (c) Voluntary cooperation Subsection (a) shall not be construed to pro- hibit the voluntary cooperation of any person who is aware that the cooperation is being pro- vided to an element of the United States Intel- ligence Community. (Pub. L. 104–293, title III, § 309, Oct. 11, 1996, 110 Stat. 3467.) Editorial Notes CODIFICATION Section was formerly classified to section 403–7 of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title. § 3325. Reaffirmation of longstanding prohibition against drug trafficking by employees of the intelligence community (a) Finding Congress finds that longstanding statutes, reg- ulations, and policies of the United States pro- hibit employees, agents, and assets of the ele- ments of the intelligence community, and of every other Federal department and agency, from engaging in the illegal manufacture, pur- chase, sale, transport, and distribution of drugs. (b) Obligation of employees of intelligence com- munity Any employee of the intelligence community having knowledge of a fact or circumstance that reasonably indicates that an employee, agent, or asset of an element of the intelligence commu- nity is involved in any activity that violates a statute, regulation, or policy described in sub- section (a) shall report such knowledge to an ap- propriate official. Page 792 TITLE 50—WAR AND NATIONAL DEFENSE § 3326 (c) Intelligence community defined In this section, the term ‘‘intelligence commu- nity’’ has the meaning given that term in sec- tion 3003(4) of this title. (Pub. L. 106–120, title III, § 313, Dec. 3, 1999, 113 Stat. 1615.) Editorial Notes CODIFICATION Section was formerly classified to section 403–8 of this title prior to editorial reclassification and renum- bering as this section. § 3326. Limitation of expenditure of funds appro- priated for Department of Defense intel- ligence programs During the current fiscal year and hereafter, none of the funds appropriated for intelligence programs to the Department of Defense which are transferred to another Federal agency for execution shall be expended by the Department of Defense in any fiscal year in excess of amounts required for expenditure during such fiscal year by the Federal agency to which such funds are transferred. (Pub. L. 102–172, title VIII, § 8089, Nov. 26, 1991, 105 Stat. 1193.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 414 of this title prior to editorial reclassification as this section. § 3327. Limitation on transfer of funds between CIA and Department of Defense; congres- sional notification required During the current fiscal year and thereafter, no funds may be made available through trans- fer, reprogramming, or other means between the Central Intelligence Agency and the Department of Defense for any intelligence or special activ- ity different from that previously justified to the Congress unless the Director of Central In- telligence or the Secretary of Defense has noti- fied the House and Senate Appropriations Com- mittees of the intent to make such funds avail- able for such activity. (Pub. L. 103–139, title VIII, § 8107, Nov. 11, 1993, 107 Stat. 1464.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 414 of this title prior to editorial reclassification as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title. SIMILAR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 102–396, title IX, § 9014, Oct. 6, 1992, 106 Stat. 1903. Pub. L. 102–172, title VIII, § 8014, Nov. 26, 1991, 105 Stat. 1174. Pub. L. 101–511, title VIII, § 8015, Nov. 5, 1990, 104 Stat. 1878. Pub. L. 101–165, title IX, § 9022, Nov. 21, 1989, 103 Stat. 1134. Pub. L. 100–463, title VIII, § 8035, Oct. 1, 1988, 102 Stat. 2270–23. Pub. L. 100–202, § 101(b) [title VIII, § 8037], Dec. 22, 1987, 101 Stat. 1329–43, 1329–68. § 3328. Study or plan of surrender; use of appro- priations No part of the funds appropriated in any act shall be used to pay (1) any person, firm, or cor- poration, or any combinations of persons, firms, or corporations, to conduct a study or to plan when and how or in what circumstances the Government of the United States should sur- render this country and its people to any foreign power, (2) the salary or compensation of any em- ployee or official of the Government of the United States who proposes or contracts or who has entered into contracts for the making of studies or plans for the surrender by the Govern- ment of the United States of this country and its people to any foreign power in any event or under any circumstances. (Pub. L. 85–766, ch. XVI, § 1602, Aug. 27, 1958, 72 Stat. 884.) Editorial Notes CODIFICATION Section was formerly classified to section 407 of this title prior to editorial reclassification and renumbering as this section. § 3329. Intelligence community contracting (a) In general The Director of National Intelligence shall di- rect that elements of the intelligence commu- nity, whenever compatible with the national se- curity interests of the United States and con- sistent with the operational and security con- cerns related to the conduct of intelligence ac- tivities, and where fiscally sound, shall award contracts in a manner that would maximize the procurement of products in the United States. (b) Intelligence community defined In this section, the term ‘‘intelligence commu- nity’’ has the meaning given that term in sec- tion 3003(4) of this title. (Pub. L. 102–183, title IV, § 403, Dec. 4, 1991, 105 Stat. 1267; Pub. L. 111–259, title VIII, § 810, Oct. 7, 2010, 124 Stat. 2750.) Editorial Notes CODIFICATION Section was formerly classified to section 403–2 of this title prior to editorial reclassification and renum- bering as this section.