§403. Office of the Director of Central Intelligence

(a) Director of Central Intelligence

There is 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-

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

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

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

(b) Deputy Directors of Central Intelligence

(1) There is a Deputy Director of Central Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) There is a Deputy Director of Central Intelligence for Community Management who shall be appointed by the President, by and with the advice and consent of the Senate.

(3) Each Deputy Director of Central Intelligence shall have extensive national security expertise.

(c) Military status of Director and Deputy Directors

(1)(A) Not more than one of the individuals serving in the positions specified in subparagraph (B) may be a commissioned officer of the Armed Forces, whether in active or retired status.

(B) The positions referred to in subparagraph (A) are the following:

(i) The Director of Central Intelligence.

(ii) The Deputy Director of Central Intelligence.

(iii) The Deputy Director of Central Intelligence for Community Management.

(2) It is the sense of Congress that, under ordinary circumstances, it is desirable that one of the individuals serving in the positions specified in paragraph (1)(B)-

(A) be a commissioned officer of the Armed Forces, whether in active or retired status; or

(B) have, by training or experience, an appreciation of military intelligence activities and requirements.

(3) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (1)(B)-

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

(B) 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

(C) 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 that officer.

(4) Except as provided in subparagraph (A) or (B) of paragraph (3), the appointment of an officer of the Armed Forces to a position specified in paragraph (1)(B) shall not 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.

(5) A commissioned officer of the Armed Forces on active duty who is appointed to a position specified in paragraph (1)(B), while serving in such position and while remaining on active duty, shall continue to receive military pay and allowances and shall not receive the pay prescribed for such position. Funds from which such pay and allowances are paid shall be reimbursed from funds available to the Director of Central Intelligence.

(d) Duties of Deputy Directors

(1)(A) The Deputy Director of Central Intelligence shall assist the Director of Central Intelligence in carrying out the Director's responsibilities under this Act.

(B) The Deputy Director of Central Intelligence shall act for, and exercise the powers of, the Director of Central Intelligence during the Director's absence or disability or during a vacancy in the position of the Director of Central Intelligence.

(2) The Deputy Director of Central Intelligence for Community Management shall, subject to the direction of the Director of Central Intelligence, be responsible for the following:

(A) Directing the operations of the Community Management Staff.

(B) Through the Assistant Director of Central Intelligence for Collection, ensuring the efficient and effective collection of national intelligence using technical means and human sources.

(C) Through the Assistant Director of Central Intelligence for Analysis and Production, conducting oversight of the analysis and production of intelligence by elements of the intelligence community.

(D) Through the Assistant Director of Central Intelligence for Administration, performing community-wide management functions of the intelligence community, including the management of personnel and resources.

(3)(A) The Deputy Director of Central Intelligence takes precedence in the Office of the Director of Central Intelligence immediately after the Director of Central Intelligence.

(B) The Deputy Director of Central Intelligence for Community Management takes precedence in the Office of the Director of Central Intelligence immediately after the Deputy Director of Central Intelligence.

(e) Office of the Director of Central Intelligence

(1) There is an Office of the Director of Central Intelligence. The function of the Office is to assist the Director of Central Intelligence in carrying out the duties and responsibilities of the Director under this Act and to carry out such other duties as may be prescribed by law.

(2) The Office of the Director of Central Intelligence is composed of the following:

(A) The Director of Central Intelligence.

(B) The Deputy Director of Central Intelligence.

(C) The Deputy Director of Central Intelligence for Community Management.

(D) The National Intelligence Council.

(E) The Assistant Director of Central Intelligence for Collection.

(F) The Assistant Director of Central Intelligence for Analysis and Production.

(G) The Assistant Director of Central Intelligence for Administration.

(H) Such other offices and officials as may be established by law or the Director of Central Intelligence may establish or designate in the Office.

(3) To assist the Director in fulfilling the responsibilities of the Director as head of the intelligence community, the Director shall employ and utilize in the Office of the Director of Central Intelligence a professional staff having an expertise in matters relating to such responsibilities and may establish permanent positions and appropriate rates of pay with respect to that staff.

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

(f) Assistant Director of Central Intelligence for Collection

(1) To assist the Director of Central Intelligence in carrying out the Director's responsibilities under this Act, there shall be an Assistant Director of Central Intelligence for Collection who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) The Assistant Director for Collection shall assist the Director of Central Intelligence in carrying out the Director's collection responsibilities in order to ensure the efficient and effective collection of national intelligence.

(g) Assistant Director of Central Intelligence for Analysis and Production

(1) To assist the Director of Central Intelligence in carrying out the Director's responsibilities under this Act, there shall be an Assistant Director of Central Intelligence for Analysis and Production who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) The Assistant Director for Analysis and Production shall-

(A) oversee the analysis and production of intelligence by the elements of the intelligence community;

(B) establish standards and priorities relating to such analysis and production;

(C) monitor the allocation of resources for the analysis and production of intelligence in order to identify unnecessary duplication in the analysis and production of intelligence;

(D) direct competitive analysis of analytical products having National ¹ importance;

(E) identify intelligence to be collected for purposes of the Assistant Director of Central Intelligence for Collection; and

(F) provide such additional analysis and production of intelligence as the President and the National Security Council may require.

(h) Assistant Director of Central Intelligence for Administration

(1) To assist the Director of Central Intelligence in carrying out the Director's responsibilities under this Act, there shall be an Assistant Director of Central Intelligence for Administration who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) The Assistant Director for Administration shall manage such activities relating to the administration of the intelligence community as the Director of Central Intelligence shall require.

(July 26, 1947, ch. 343, title I, §102, as added and amended Pub. L. 104–293, title VIII, §§805(a), 809(a), 810, 811, Oct. 11, 1996, 110 Stat. 3477 , 3481, 3482; Pub. L. 105–107, title IV, §405, Nov. 20, 1997, 111 Stat. 2261 ; Pub. L. 105–272, title III, §306, Oct. 20, 1998, 112 Stat. 2401 .)

References in Text

This Act, referred to in subsecs. (d)(1)(A), (e)(1), (f)(1), (g)(1), and (h)(1), 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.

Prior Provisions

A prior section 403, acts 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 ; Jan. 6, 1996, Pub. L. 104–93, title VII, §701, 109 Stat. 977 ; Feb. 10, 1996, Pub. L. 104–106, div. A, title V, §570, 110 Stat. 353 , related to establishment of Central Intelligence Agency and appointment and functions of its Director and Deputy Director prior to repeal by Pub. L. 104–293, title VIII, §805(a), Oct. 11, 1996, 110 Stat. 3477 .

Amendments

1998-Subsec. (g)(2)(D) to (F). Pub. L. 105–272 added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.

1997-Subsec. (e)(4). Pub. L. 105–107 added par. (4).

1996-Subsec. (f). Pub. L. 104–293, §809(a), added subsec. (f).

Subsec. (g). Pub. L. 104–293, §810, added subsec. (g).

Subsec. (h). Pub. L. 104–293, §811, added subsec. (h).

Transfer of Functions

Missions and functions of elements of Central Intelligence Agency as specified in classified annex to Pub. L. 104–201, and related personnel, assets, and balances of appropriations and authorizations of appropriations, transferred to National Imagery and Mapping Agency, see sections 1111 and 1113 of Pub. L. 104–201, set out as notes under section 441 of Title 10, Armed Forces.

Support for Science, Mathematics, and Engineering Education

Pub. L. 103–178, title IV, §401, Dec. 3, 1993, 107 Stat. 2037 , authorized Director of Central Intelligence to 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.

Central Intelligence Agency Consolidation Plan

Pub. L. 102–183, title VI, §601, Dec. 4, 1991, 105 Stat. 1269 , authorized funding in fiscal year 1992 for costs associated with the land acquisition and related expenditures necessary to implement a plan for consolidation of Central Intelligence Agency facilities. 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 sections 403f, 411 of this title; title 5 section 2305; title 42 section 2162.

¹ So in original. Probably should not be capitalized.