50 U.S.C. § 3508 — Admission of essential aliens; limitation

Page 887 TITLE 50—WAR AND NATIONAL DEFENSE § 3508 United States have not received the necessary and commensurate priorities; ‘‘(3) human intelligence is becoming an increas- ingly important capability to provide information on the asymmetric threats to the national security of the United States; ‘‘(4) the continued development and improvement of a robust and empowered and flexible human intel- ligence work force is critical to identifying, under- standing, and countering the plans and intentions of the adversaries of the United States; and ‘‘(5) an increased emphasis on, and resources ap- plied to, enhancing the depth and breadth of human intelligence capabilities of the United States intel- ligence community must be among the top priorities of the Director of National Intelligence.’’ § 3507. Protection of nature of Agency’s functions In the interests of the security of the foreign intelligence activities of the United States and in order further to implement section 3024(i) of this title that the Director of National Intel- ligence shall be responsible for protecting intel- ligence 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 re- quire the publication or disclosure of the organi- zation or functions of the Agency, or of the 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)). (June 20, 1949, ch. 227, § 6, formerly § 7, 63 Stat. 211; renumbered § 6, Pub. L. 85–507, § 21(b)(2), July 7, 1958, 72 Stat. 337; amended Pub. L. 103–178, title V, § 501(2), Dec. 3, 1993, 107 Stat. 2038; Pub. L. 105–272, title IV, § 403(a)(2), Oct. 20, 1998, 112 Stat. 2404; Pub. L. 108–177, title III, § 377(b)(2), Dec. 13, 2003, 117 Stat. 2630; Pub. L. 108–458, title I, §§ 1071(b)(1)(A), 1072(b), Dec. 17, 2004, 118 Stat. 3690, 3692; Pub. L. 111–259, title VIII, § 806(a)(3), Oct. 7, 2010, 124 Stat. 2748; Pub. L. 117–263, div. F, title LXIV, § 6411, Dec. 23, 2022, 136 Stat. 3526; Pub. L. 118–31, div. G, title IX, § 7901(g)(2), Dec. 22, 2023, 137 Stat. 1107.) Editorial Notes REFERENCES IN TEXT Act of August 28, 1935, referred to in text, which pro- vided for the yearly publication of the Official Register of the United States, was repealed by Pub. L. 86–626, title I, § 101, July 12, 1960, 74 Stat. 427. Section 607 of the Act of June 30, 1945, referred to in text, was repealed by act Sept. 12, 1950, ch. 946, title III, § 301(85), 64 Stat. 843. CODIFICATION Section was formerly classified to section 403g of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification. PRIOR PROVISIONS A prior section 6 of act June 20, 1949, was renumbered section 5 and is classified to section 3506 of this title. AMENDMENTS 2023—Pub. L. 118–31 substituted ‘‘or of the names’’ for ‘‘or of the, names’’. 2022—Pub. L. 117–263 substituted ‘‘or functions of the Agency, or of the’’ for ‘‘, functions’’. 2010—Pub. L. 111–259 made technical amendment to directory language of Pub. L. 108–458, § 1072(b). See 2004 Amendment note below. 2004—Pub. L. 108–458, § 1072(b), as amended by Pub. L. 111–259, substituted ‘‘section 403–1(i)’’ for ‘‘section 403–3(c)(7)’’. Reference appears in text as ‘‘section 3024(i)’’ pursuant to the editorial reclassification of sec- tion 403–1 of this title as section 3024. See Codification note above. Pub. L. 108–458, § 1071(b)(1)(A), substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intel- ligence’’. 2003—Pub. L. 108–177 substituted ‘‘section 403–3(c)(7) of this title’’ for ‘‘section 403–3(c)(6) of this title’’. 1998—Pub. L. 105–272 substituted ‘‘403–3(c)(6)’’ for ‘‘403–3(c)(5)’’. 1993—Pub. L. 103–178 substituted ‘‘section 403–3(c)(5) of this title’’ for ‘‘the proviso of section 403(d)(3) of this title’’ and ‘‘Office of Management and Budget’’ for ‘‘Bu- reau of the Budget’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. § 3508. Admission of essential aliens; limitation on number Whenever the Director, the Attorney General, and the Commissioner of Immigration and Natu- ralization shall determine that the admission of a particular alien into the United States for per- manent 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 admitted to the United States for permanent residence without regard to their inadmissibility under the immi- gration or any other laws and regulations, or to the failure to comply with such laws and regula- tions pertaining to admissibility: Provided, That the number of aliens and members of their im- mediate families admitted to the United States under the authority of this section shall in no case exceed one hundred persons in any one fis- cal year. (June 20, 1949, ch. 227, § 7, formerly § 8, 63 Stat. 212; renumbered § 7, Pub. L. 85–507, § 21(b)(2), July 7, 1958, 72 Stat. 337; Pub. L. 104–208, div. C, title III, § 308(f)(6), Sept. 30, 1996, 110 Stat. 3009–622.) Editorial Notes CODIFICATION Section was formerly classified to section 403h of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 7 of act June 20, 1949, was renumbered section 6 and is classified to section 3507 of this title. Page 888 TITLE 50—WAR AND NATIONAL DEFENSE § 3509 1 See References in Text note below. AMENDMENTS 1996—Pub. L. 104–208 substituted ‘‘that the admis- sion’’ for ‘‘that the entry’’, ‘‘shall be admitted to’’ for ‘‘shall be given entry into’’, and ‘‘families admitted to’’ for ‘‘families entering’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. Executive Documents CHANGE OF NAME Ex. Ord. No. 6166, § 14, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees, consolidated Bureaus of Immigration and Naturalization of Department of Labor to form an Immigration and Naturalization Service in Department of Labor, to be administered by a Commissioner of Im- migration and Naturalization, which was then trans- ferred from Department of Labor to Department of Jus- tice by Reorg. Plan No. V of 1940, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, set out in the Appendix to Title 5. Accordingly, ‘‘Commissioner of Immigration and Naturalization’’ was substituted for ‘‘Commissioner of Immigration’’. TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, were transferred to Attorney General, with power vested in the Attorney General to authorize their performance or performance of any of the Attorney General’s functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, formerly set out in the Appendix to Title 5, Government Organization and Employees, prior to re- peal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 662. See sections 509 and 510 of Title 28, Judiciary and Judi- cial Procedure. § 3509. Repealed. Sept. 1, 1954, ch. 1208, title VI, § 601(b), 68 Stat. 1115 Section, acts June 20, 1949, ch. 227, § 9, 63 Stat. 212; Aug. 16, 1950, ch. 719, 64 Stat. 450, related to establish- ment of positions in the professional and scientific field. Section was formerly classified to section 403i of this title and repealed prior to editorial reclassification and renumbering as this section. § 3510. Appropriations (a) Notwithstanding any other provisions of law, sums made available to the Agency by ap- propriation or otherwise may be expended for purposes necessary to carry out its functions, including— (1) personal services, including personal services without regard to limitations on types of persons to be employed, and rent at the seat of government and elsewhere; health- service program as authorized by law (5 U.S.C. 7901); payment of death benefits in cases in which the circumstances of the death of an employee of the Agency, a detailee of the Agency or other employee of another depart- ment or agency of the Federal Government as- signed to the Agency, or an individual affili- ated with the Agency (as determined by the Director), is not covered by section 3511 of this title, other similar provisions of Federal law, or any regulation issued by the Director pro- viding death benefits, but that the Director determines such payment appropriate; rental of news-reporting services; purchase or rental and operation of photographic, reproduction, cryptographic, duplication, and printing ma- chines, equipment, and devices, and radio-re- ceiving and radio-sending equipment and de- vices, including telegraph and teletype equip- ment; purchase, maintenance, operation, re- pair, and hire of passenger motor vehicles, and aircraft, and vessels of all kinds; subject to policies established by the Director, transpor- tation of officers and employees of the Agency in Government-owned automotive equipment between their domiciles and places of employ- ment, where such personnel are engaged in work which makes such transportation nec- essary, and transportation in such equipment, to and from school, of children of Agency per- sonnel who have quarters for themselves and their families at isolated stations outside the continental United States where adequate public or private transportation is not avail- able; printing and binding; purchase, mainte- nance, and cleaning of firearms, including pur- chase, storage, and maintenance of ammuni- tion; subject to policies established by the Di- rector, expenses of travel in connection with, and expenses incident to attendance at meet- ings of professional, technical, scientific, and other similar organizations when such attend- ance would be a benefit in the conduct of the work of the Agency; association and library dues; payment of premiums or costs of surety bonds for officers or employees without regard to the provisions of section 14 1 of title 6; pay- ment of claims pursuant to title 28; acquisi- tion of necessary land and the clearing of such land; construction of buildings and facilities without regard to 36 Stat. 699; 40 U.S.C. 259, 267; 1 repair, rental, operation, and mainte- nance of buildings, utilities, facilities, and ap- purtenances; and (2) supplies, equipment, and personnel and contractual services otherwise authorized by law and regulations, when approved by the Di- rector. (b) The sums made available to the Agency may be expended without regard to the provi- sions of law and regulations relating to the ex- penditure of Government funds; and for objects of a confidential, extraordinary, or emergency nature, such expenditures to be accounted for solely on the certificate of the Director and every such certificate shall be deemed a suffi- cient voucher for the amount therein certified. (c) NOTIFICATION.—Not later than 30 days after the date on which the Director makes a novel