FOREWORD

This Committee Print gathers together in one publication those statutes which are within the jurisdiction of the House Permanent Select Committee on Intelligence and statutes and Executive orders which are of interest to the Committee and the intelligence com munity.

Amended through March 1, 1985, and annotated to show perti nent history and cross-references, the print will be updated when necessary to reflect significant changes in the laws and Executive orders which bear on intelligence activities.

LEE H. HAMILTON, Chairman, Permanent Select Committee on Intelligence.

(III)

CONTENTS

I. INTELLIGENCE AGENCY STATUTES

A. CENTRAL INTELLIGENCE AGENCY

National Security Act of 1947

Central Intelligence Agency Act of 1949.

Central Intelligence Agency Retirement Act of 1964 for Certain Employees

(with related laws and Executive orders).

B. NATIONAL SECURITY AGENCY

Central Intelligence Agency Information Act.

107

Chapter 83 of title 10, United States Code (Defense Intelligence Agency Civil-

ian Personnel).

Intelligence Authorization Act for Fiscal Year 1983 (including the Central

Intelligence Agency Spouses' Retirement Equity Act of 1982)..

Intelligence Authorization Act for Fiscal Year 1982

Intelligence Authorization Act for Fiscal Year 1981

125

139

145

Intelligence and Intelligence-Related Activities Authorization Act for Fiscal

Year 1980..

149

Intelligence and Intelligence-Related Activities Authorization Act for Fiscal

Year 1979..

153

II. SELECTED LAWS OF INTEREST TO THE NATIONAL INTELLIGENCE

COMMUNITY

A. DISCLOSURE AND PROTECTION OF INFORMATION

Section 552 of title 5, United States Code (the "Freedom of Information Act")..

Section 552a of title 5, United States Code (the "Privacy Act").

157

162

Selected sections of the Right to Financial Privacy Act of 1978 (exemption for

intelligence agencies; reporting requirement)

172

Section 13(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(b)) (report-

ing requirements and national security exemption).

175

Chapter 37 of title 18, United States Code (espionage and censorship)..

177

Sections 3 and 4 of the Subversive Activities Control Act of 1950 (the "Scar-

beck Act")

182

Section 952 of title 18, United States Code (diplomatic codes and correspond-

ence)....

185

Sections 1702 and 1703 of title 18, United States Code (tampering with the

mails).

185

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Page

Chapter 17 of title 35, United States Code (secrecy of certain inventions)..

Chapters 12 and 18 of the Atomic Energy Act of 1954 (protection of atomic

energy information).

Section 3623(d) of title 39, United States Code (mail classification)..

Section 716 of title 31, United States Code (access to agency records by

Comptroller General)..

186

186

188

191

Section 705 of the Communications Act of 1934 (47 U.S.C. 605) (unauthorized

publication or use of communications)....

204

Sections 102, 103, and 104 of the Revised Statutes of the United States (2

U.S.C. 192-194) (Congressional investigations)....

Sections 6002 and 6005 of title 18, United States Code (testimonial immunity)..

Section 8(b) of the Inspector General Act of 1978.....

206

207

208

B. CONGRESSIONAL OVERSIGHT

Title V of the National Security Act of 1947 (50 U.S.C. 413) (accountability for

intelligence activities)......

211

Section 112b of title 1, United States Code (United States international agree-

ments) (the "Case Act").

Section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422) (the

"Hughes-Ryan Amendment")

212

212

C. REGISTRATION LAWS

Section 951 of title 18, United States Code (agents of foreign governments)..

Foreign Agents Registration Act of 1938, as amended....

Act of August 1, 1956 (registration of certain persons trained in foreign

espionage systems)

Section 13 of Public Law 85–316 (8 U.S.C. 1255b) (adjustment of status of

certain nonimmigrants to that of permanent resident alien)

Section 21 of the Act of August 1, 1956 (22 U.S.C. 2691) (the "McGovern

Amendment")..

255

256

E. BUDGET-RELATED LAWS

Section 3524 of title 31, United States Code (unvouchered expenditures)

Sections 109, 610, and 614 of the Foreign Assistance Act of 1961 (22 U.S.C.

2151g, 2360, and 2364)

Excerpts from the Foreign Military Sales Act Amendments, 1971.

Examples of recurring budget-related language in Department of Defense

appropriation Acts, from Public Law 98-473, the resolution making continu-

ing appropriations for Fiscal Year 1984

Sections 1535 and 1536 of title 31, United States Code (the "Economy Act").

Chapter 5 of the Arms Export Control Act (Special Defense Acquisition Fund).

Sections 1341, 1342, 1350, and 1351 of title 31, United States Code (the "Anti-

deficiency Act" and related provisions).

259

260

261

262

263

265

268

F. PROHIBITORY LAWS

Sections 620A and 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2371

and 2420).

269

Section 118 of the International Security and Development Cooperation Act of

1980 (the "Clark Amendment”).

270

Examples of recurring prohibitory language in Department of Defense appro-

priation Acts, from Public Law 98-473, the resolution making continuing

appropriations for Fiscal Year 1984.

271

G. MERCENARy Laws

Sections 956 through 960 of title 18, United States Code (certain private

activities with respect to foreign countries).....

H. RESTRICTIONS ON EMPLOYMENT OF OFFICERS OF THE UNITED STATES

Clause 8 of Article I, section 9 of the United States Constitution...........

275

Sections 207 and 219 of title 18, United States Code.

Sections 801 and 908 of title 37, United States Code..

I. PERSONNEL-RELATED LAWS

Chapter 12 of title 5, United States Code (Merit Systems Protection Board and

Special Counsel)...

Section 205 of the Ethics in Government Act of 1978 (5 U.S.C. App.) (Public

access to executive personnel financial disclosure reports; exemptions).............................

J. MISCELLANEOUS RELEVANT LAWS

Page

275

277

279

289

National Emergencies Act (50 U.S.C. 1601-1651)

War Powers Resolution (50 U.S.C. 1541-1548)..

Section 36 of the Arms Export Control Act (22 U.S.C. 2776)..

Miscellaneous provisions from the Foreign Assistance Act of 1961.

Title II of the State Department Basic Authorities Act of 1956 (as added by

the Foreign Missions Act)....

293

297

301

307

322

Section 1385 of title 18, United States Code (the "Posse Comitatus Act")..

Chapter 18 of title 10, United States Code (Military Cooperation with Civilian

Law Enforcement Officials).

331

331

Section 1101 of Public Law 90-351 (Tenure and Senate confirmation of FBI

Director)..

334

Section 203(b) of Public Law 98-411 (FBI undercover operations)

334

Section 1307 of the Department of Defense Authorization Act, 1985 (Poly-

graph limitations)..

337

Section 1028 of title 18, United States Code (False identities crime exemption).

National Narcotics Act (Chapter XIII of Public Law 98-473)

337

339

342

Section 1114 of title 18, United States Code (Assault on intelligence officers)....

K. PROVISIONS RELATING TO NICARAGUA

Section 793 of Public Law 97-377 (the "Boland Amendment”).

Section 775 of Public Law 98-212 (limit on 1984 funding).

Section 1540 of Public Law 98-525 (the "Denton Amendment")

Section 8066 of Public Law 98-473 (fiscal year 1985 restrictions)

III. EXECUTIVE ORDERS RELATING TO THE NATIONAL INTELLIGENCE

COMMUNITY

Executive Order No. 10450, security requirements for Government employees.

Executive Order No. 12139, exercise of certain authority respecting electronic

surveillance

354

359

Executive Order No. 12331, President's Foreign Intelligence Advisory Board....

Executive Order No. 12333, United States Intelligence Activities..

Executive Order No. 12334, President's Intelligence Oversight Board..

Executive Order No. 12356, National Security Information...

360

361

375

376

IV. ESTABLISHMENT OF CONGRESSIONAL INTELLIGENCE COMMITTEES

Rule XLVIII of the Rules of the House of Representatives (Permanent Select

Committee on Intelligence)

389

S. Res. 400 from the 94th Congress (establishment of Senate Select Committee

on Intelligence)....

395