1994 U.S. Code
Title 50 - WAR AND NATIONAL DEFENSE
CHAPTER 15 - NATIONAL SECURITY
SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY
Sec. 403 - Central Intelligence Agency

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§403. Central Intelligence Agency (a) Establishment; Director

(1) There is established a Central Intelligence Agency.

(2) There shall be a Director of Central Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall—

(A) serve as head of the United States intelligence community;

(B) act as the principal adviser to the President for intelligence matters related to the national security; and

(C) serve as head of the Central Intelligence Agency.

(b) Deputy Director

To assist the Director of Central Intelligence in carrying out the Director's responsibilities under this Act, there shall be a Deputy Director of Central Intelligence, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall act for, and exercise the powers of, the Director during the Director's absence or disability.

(c) Commissioned officers as Director or Deputy Director; powers and limitations; effect on commissioned status

(1) The Director or Deputy Director of Central Intelligence may be appointed from among the commissioned officers of the Armed Forces, or from civilian life, but at no time shall both positions be simultaneously occupied by commissioned officers of the Armed Forces, whether in an active or retired status.

(2) It is the sense of the Congress that under ordinary circumstances, it is desirable that either the Director or the Deputy Director be a commissioned officer of the Armed Forces or that either such appointee otherwise have, by training or experience, an appreciation of military intelligence activities and requirements.

(3)(A) A commissioned officer of the Armed Forces appointed pursuant to paragraph (2) or (3),1 while serving in such position—

(i) shall not be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of Defense;

(ii) shall not exercise, by reason of the officer's status as a commissioned officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law; and

(iii) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of which such officer is a member.

(B) Except as provided in clause (i) or (ii) of paragraph (A), the appointment of a commissioned officer of the Armed Forces pursuant to paragraph (2) or (3) 1 shall in no way affect the status, position, rank, or grade of such officer in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, position, rank, or grade.

(C) A commissioned officer of the Armed Forces appointed pursuant to subsection (a) or (b) of this section, while serving in such position, shall continue to receive military pay and allowances (including retired pay) payable to a commissioned officer of the officer's grade and length of service for which the appropriate military department shall be reimbursed from funds available to the Director of Central Intelligence.

(d) Office of Director within Agency

The Office of the Director of Central Intelligence shall, for administrative purposes, be within the Central Intelligence Agency.

(July 26, 1947, ch. 343, title I, §102, 61 Stat. 497; Apr. 4, 1953, ch. 16, 67 Stat. 19; Oct. 24, 1992, Pub. L. 102–496, title VII, §704, 106 Stat. 3189.)

References in Text

This Act, referred to in subsec. (b), means act July 26, 1947, ch. 343, 61 Stat. 495, as amended, known as the National Security Act of 1947. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables.

Amendments

1992—Subsec. (a). Pub. L. 102–496 designated existing provisions as par. (1), struck out “under the National Security Council” after “established”, struck out “with a Director of Central Intelligence who shall be the head thereof, and with a Deputy Director of Central Intelligence who shall act for, and exercise the powers of, the Director during his absence or disability” after “Agency”, struck out after first sentence “The Director and the Deputy Director shall be appointed by the President, by and with the advice and consent of the Senate, from among the commissioned officers of the armed services, whether in an active or retired status, or from among individuals in civilian life: Provided, however, That at no time shall the two positions of the Director and Deputy Director be occupied simultaneously by commissioned officers of the armed services, whether in an active or retired status.”, and added par. (2).

Subsecs. (b) to (f). Pub. L. 102–496, §704(3), added subsecs. (b) to (d) and struck out former subsecs. (b) to (f) which related to, in subsec. (b), commissioned officers of the Armed Forces serving as Director or Deputy Director, powers and limitations, and effect on commissioned status, in subsec. (c), termination of employment of officers and employees and effect on right of subsequent employment, in subsec. (d), powers and duties of Agency, in subsec. (e), inspection of intelligence of other departments, and in subsec. (f), termination of National Intelligence Authority along with transfer of personnel, property, records, and unexpended funds.

1953—Subsecs. (a), (b). Act Apr. 4, 1953, provided for appointment of a Deputy Director of Central Intelligence and defined his duties and status.

Support for Science, Mathematics, and Engineering Education

Pub. L. 103–178, title IV, §401, Dec. 3, 1993, 107 Stat. 2037, provided that:

“(a) General Authority.—In recognition of the importance of science, mathematics, and engineering to the national security and in order to encourage students to pursue studies in science, mathematics, and engineering, the Director of Central Intelligence may carry out a program in fiscal years 1994 and 1995 to award cash prizes and visits to the Central Intelligence Agency (including the payment of costs associated with such visits) for students who participate in high school science fairs within the United States.

“(b) Merit.—Awards made under subsection (a) shall be made solely on the basis of merit.

“(c) Equitable Regional Representation.—The Director shall ensure that there is equitable regional representation with respect to the program carried out under subsection (a).

“(d) Limitation on Expenditures.—The Director may not expend more than ,000 for each of the fiscal years 1994 and 1995 to carry out this section.”

Central Intelligence Agency Consolidation Plan

Pub. L. 102–183, title VI, §601, Dec. 4, 1991, 105 Stat. 1269, provided that:

“(a) Funding Limitation.—Of the amount authorized by this Act [see Tables for classification] for the Central Intelligence Agency Program, not more than ,000,000 is authorized for costs associated with the land acquisition and related expenditures necessary to implement a plan for consolidation of Central Intelligence Agency facilities. None of such funds may be obligated to implement such plan until all of the conditions set forth in subsection (d) have been met and (except as provided in subsection (c)) a period of 60 days beginning on the date on which all of such conditions have been met has expired. Any certification or report required under that subsection shall be provided in writing to the intelligence committees and the appropriations committees. If any of the required certifications cannot be provided, then the Director of Central Intelligence shall reopen the planning process with respect to the consolidation plan to the extent required to address any procedures that were determined to be deficient.

“(b) Additional Funding.—Pursuant to the procedures set forth in the joint explanatory statement of managers to accompany the conference report on the bill H.R. 2038 of the 102d Congress [Pub. L. 102–183], an amount not to exceed ,000,000 is authorized and may be made available if the Director determines that funds in addition to the amount specified in subsection (a) are required during fiscal year 1992 for costs associated with the land acquisition and related expenditures necessary to implement the consolidation plan.

“(c) Limited Waiver of 60-Day Review Period.—The Director may spend not to exceed 0,000 of the funds specified in subsection (a) for options and agreements to ensure the continued availability of property under consideration for the consolidation plan without regard to the 60-day period specified in subsection (a).

“(d) Conditions.—The following conditions and certifications must be met before the funds specified in subsection (a) may be obligated:

“(1) The Director of Central Intelligence has certified—

“(A) that with respect to procedures governing land acquisition by the Central Intelligence Agency—

“(i) there are written procedures for such acquisition currently in effect;

“(ii) those procedures are consistent with land acquisition procedures of the General Services Administration; and

“(iii) the process used by the Central Intelligence Agency in developing the consolidation plan was in accordance with those written procedures; and

“(B) that with respect to contracts of the Agency for construction and for the acquisition of movable property, equipment, and services, the procedures of the Agency are consistent with procedures under the Federal Acquisition Regulation.

“(2) The Administrator of General Services has provided a written report stating that in the opinion of the Administrator (A) implementing the consolidation plan will result in cost savings to the United States Government, and (B) the consolidation plan will conform to applicable local governmental regulations.

“(3) The Director of the Office of Management and Budget has certified—

“(A) that the consolidation plan (and associated costs) have been reviewed by the Office of Management and Budget;

“(B) that the funding for such plan is consistent with the 1990 budget agreement; and

“(C) that funding for such plan has been approved by the Administration for fiscal year 1992.

“(4) The Inspector General of the Central Intelligence Agency has certified that corrective actions, if any, recommended as a result of the Inspector General's inquiry into the consolidation plan, and concurred in by the Director of Central Intelligence, will be implemented.

“(5) The Director of Central Intelligence has provided to the intelligence committees and appropriations committees a written report on the consolidation plan that includes—

“(A) a comprehensive site evaluation, including zoning, site engineering, and environmental requirements, logistics, physical and technical security, and communications compatibility;

“(B) a description of the anticipated effect of implementing the consolidation plan on personnel of the Central Intelligence Agency, including a discussion of the organizations and personnel that will be relocated and the rationale for such relocations and the Director's assurance that personnel are consulted and considered in the consolidation effort; and

“(C) the Director's assurances that the Director, in evaluating and approving the plan, has considered global changes and budget constraints that may have the effect of reducing Central Intelligence Agency personnel requirements in the future.

“(e) Definitions.—For purposes of this section:

“(1) The term ‘intelligence committees’ means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

“(2) The term ‘appropriations committees’ means the Committees on Appropriations of the Senate and the House of Representatives.”

Similar provisions were contained in Pub. L. 102–172, title VIII, §8083A, Nov. 26, 1991, 105 Stat. 1191.

Equal Employment Opportunity Plan

Pub. L. 100–453, title IV, §403, Sept. 29, 1988, 102 Stat. 1908, directed Director of Central Intelligence and Secretary of Defense, 90 days after Sept. 29, 1988, to submit to Congress a report setting forth an analysis of each equal employment opportunity group's representation in Central Intelligence Agency and National Security Agency respectively and proposing a plan for rectifying any underrepresentation of any such equal employment opportunity group by Sept. 30, 1991, and further directed submission of interim reports on Feb. 1, 1989, 1990, and 1991 concerning Central Intelligence Agency and National Security Agency respectively detailing efforts made, and progress realized, by each such agency in achieving objectives of each such plan, including, but not limited to, number of applications from, and hiring, promotion, and training of, members of each equal employment opportunity group.

Study of Intelligence Personnel Systems

Pub. L. 100–178, title VII, §701, Dec. 2, 1987, 101 Stat. 1016, provided for submission, no later than Jan. 20, 1989, to Congress by Director of Central Intelligence Agency, of classified objective study to consist of a comprehensive review and comparative analysis of all personnel management and compensation systems affecting civilian personnel of agencies and entities of intelligence community, accompanied by such recommendations for legislative, regulative or other changes as determined advisable.

Compensation of Director and Deputy Director of Central Intelligence

Compensation of Director and Deputy Director, see sections 5313 and 5314 of Title 5, Government Organization and Employees.

Central Intelligence Agency Retirement and Disability System

Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, as amended by Pub. L. 90–539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91–185, Dec. 30, 1969, 83 Stat. 847; Pub. L. 91–626, §§1–6, Dec. 31, 1970, 84 Stat. 1872–1874; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 93–210, §1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94–361, title VIII, §801(b), July 14, 1976, 90 Stat. 929; Pub. L. 94–522, title I, §§101, 102, title II, §§201–213, Oct. 17, 1976, 90 Stat. 2467–2471; Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854; Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 97–269, title VI, §§602–611, Sept. 27, 1982, 96 Stat. 1145–1148, 1152–1153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 98–618, title III, §302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99–169, title VII, §702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99–335, title V, §§501–506, June 6, 1986, 100 Stat. 622–624; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–569, title III, §302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100–178, title IV, §§401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat. 1012–1014; Pub. L. 100–453, title III, §302(a), (b)(1), (c)(1), (d)(1), (2), title V, §502, Sept. 29, 1988, 102 Stat. 1906, 1907, 1909; Pub. L. 101–193, title III, §§302–304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703, 1707; Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–88, title III, §§302–305(a), 306–307(b), Aug. 14, 1991, 105 Stat. 431–433; Pub. L. 102–183, title III, §§302(a)–(c), 303(a), 304–306(b), 307, 309(a), 310(a), Dec. 4, 1991, 105 Stat. 1262–1266; Pub. L. 102–496, title III, §304(b), Oct. 24, 1992, 106 Stat. 3183, known as the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, was revised generally by Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3196. As so revised, Pub. L. 88–643, now known as the Central Intelligence Agency Retirement Act, has been transferred to chapter 38 (§2001 et seq.) of this title. All notes, Executive orders, and other provisions relating to this Act have been transferred to section 2001 of this title.

Communication of Restricted Data

Authorization for the communication of Restricted Data by the Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, set out as a note under section 2162 of Title 42, The Public Health and Welfare.

Executive Order No. 10656

Ex. Ord. No. 10656, Feb. 6, 1956, 21 F.R. 859, which established the President's Board of Consultants on Foreign Intelligence Activities, was revoked by Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, formerly set out below.

Executive Order No. 10938

Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, formerly set out below.

Executive Order No. 11460

Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, set out below.

Ex. Ord. No. 11984. Abolition of President's Foreign Intelligence Advisory Board

Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, provided:

By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to abolish the President's Foreign Intelligence Advisory Board, Executive Order No. 11460 of March 20, 1969, is hereby revoked.

Jimmy Carter.

Executive Order No. 12331

Ex. Ord. No. 12331, Oct. 20, 1981, 46 F.R. 51705, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, formerly set out below.

Executive Order No. 12537

Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, as amended by Ex. Ord. No. 12624, Jan. 6, 1988, 53 F.R. 489, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12863, §3.3, Sept. 13, 1993, 58 F.R. 48441, set out as a note under section 401 of this title.

Section Referred to in Other Sections

This section is referred to in section 411 of this title; title 5 section 2305; title 42 section 2162.

1 So in original. Probably should be “subsection (a) or (b)”.