54 1 gence community to provide operational assistance in the 2 conduct of any clandestine intelligence activity unless such 3 person is informed of the nature of such assistance and of 4 any reasonably anticipated risks to physical safety that such 5 assistance may pose and such person voluntarily consents to 6 provide such assistance. 7 (d) The Director shall formulate regulations necessary 8 to carry out the provisions of this section and submit such 9 proposed regulations to the Permanent Select Committee 10 on Intelligence of the House of Representatives and the 11 Select Committee on Intelligence of the Senate; and no such 12 regulation, or amendment thereto, shall become effective 13 until sixty days after the date on which such regulation or 14 amendment, as the case may be, has been submitted to such 15 committees. 16 (e) Nothing in this section shall be construed to pro17 hibit voluntary contacts or the voluntary exchange of infor18 mation between any person referred to in subsection (a) and 19 entities of the intelligence community. 20 (f) Nothing in this Act shall be construed to prohibit 21 222 any person described in subsection (a) or (b) from recom22 mending or assisting in the recruitment of (1) employees 23 for any entity of the intelligence community, (2) sources of 24 information for any such entity, or (3) sources of opera25 tional assistance for any such entity. 55. 1 RESTRICTIONS ON THE USE OF UNITED STATES PERSONS AS 2 3 COMBATANTS IN FOREIGN COUNTRIES SEC. 133. (a) No United States person acting for or 4 on behalf of any entity of the intelligence community, who 5 is not a member of the armed forces of the United States 6 serving on active duty, may be assigned by any entity of the 7 intelligence community as a combatant in any foreign coun8 try, except pursuant to a declaration of war by the Congress, or unless— 9 (1) the proposed assignment has been approved in accordance with the provisions for approval of special activities set forth in section 131 of this title; and (2) the Committee on International Relations and the Permanent Select Committee on Intelligence of the House of Representatives, and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate have been notified at least seventy-two hours in advance of the proposed assignment and informed of the circumstances necessitating the assignment, the constitutional and legislative authority under which the assignment will take place, and the estimated scope and duration of the assignment; except that in extraordinary circumstances the President may authorize such assignment without such prior notification of such committees if the President notifies such commit 1 2 3 4 5. 6 7 8 9 10 11 56 tees no later than 48 hours after the assignment has been made, describes in writing the nature of the situation that precluded notification to the committees 72 hours in advance of the proposed assignment, and informs the committees of the circumstances necessitating the assignment, the constitutional and legislative authority under which the assignment took place, and the estimated scope and duration of the assignment. The foregoing shall not be construed as requiring the approval of any committee of the Congress prior to making any such assignment. 12 (b) The President shall discontinue the assignment of 13 any United States person described in subsection (a) not 14 later than 60 days after the committees of the Congress 15 named in subsection (a) (2) have been notified of such 16 assignment unless the Congress has declared war or the 17 continued assignment of such United States person as a 18 combatant has been specifically authorized by law. Such 19 60-day period may be extended for not more than an 20 additional 30 days if the President determines and certi21 fies in writing to the committees of Congress named in 22 subsection (a) (2) that unavoidable necessity requires the 23 temporary continued assignment of such combatants in such 24 foreign country solely for the purpose of insuring their 25 prompt and safe removal from such country. 57 1 (c) No member of the armed forces of the United 2 States serving on active duty who is assigned to duty with, 3 or otherwise subject to the direction or supervision of, any 4 entity of the intelligence community may be assigned by any 5 entity of the intelligence community to any duty as a com6 batant except during a war declared by the Congress or 7 during any period beginning on the day on which armed 8 forces are introduced into a situation which requires a 9 reporting of the President to the Congress under the War Powers Resolution (87 Stat. 555) and ending on the last 11 day such forces are authorized to be in such situation (as 12 provided in the War Powers Resolution). 10 13 14 (d) As used in this section, the term "combatant" means an individual who is introduced into hostilities in a foreign 15 country or who is introduced into a situation in a foreign 16 country where imminent involvement in hostilities is clearly 17 indicated by circumstances. Such term does not include mili18 tary or technical advisers not assigned to participate in 19 hostilities. PROHIBITION ON ASSASSINATION SEC. 134. Title 18, United States Code, is amended by (1) redesignating chapter 85 (relating to prison made goods) as chapter 86; (2) redesignating section numbers 1761 and 1762 1 2 3 4 5 6 58 in the table of sections at the beginning of chapter 85 as section numbers 1771 and 1772, respectively; (3) redesignating sections 1761 and 1762 as sections 1771 and 1772, respectively; (4) amending the table of chapters in part I of such 7 "85. Prison-made goods----- title by striking out and inserting in lieu thereof "85. Assassination of foreign officials__ "86. Prison-made goods--- 1751" 1751" 1771"; (5) inserting after chapter 84 a new chapter as follows: "(a) Whoever, while within the United States or the special maritime and territorial jurisdiction of the United States, conspires with any other person to kill any foreign official because of such official's office or position or because of such official's political views, actions, or statements while such official is outside the United States and such jurisdic tion, and one or more such persons do any overt act within the United States or such jurisdiction to effect the object of the conspiracy, shall be punished by imprisonment for any term of years or for life. |