§ 403. Central Intelligence Agency. (a) Establishment; Director and Deputy Director; appointment. There is established under the National Security Council a Central Intelligence Agency 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. 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. (b) Commissioned officer as Director or Deputy Director; powers and limitations, effect on commissioned status. (1) If a commissioned officer of the armed services is appointed as Director, or Deputy Director, then(A) in the performance of his duties as Director, or Deputy Director, he shall be subject to no supervision, control, restriction, or prohibition (military or otherwise) other than would be operative with respect to him if he were a civilian in no way connected with the Department of the Army, the Department of the Navy, the Department of the Air Force, or the armed services or any component thereof; and (B) he shall not possess or exercise any supervision, control, powers, or functions (other than such as he possesses, or is authorized or directed to exercise, as Director, or Deputy Director) with respect to the armed services or any component thereof, the Department of the Army, the Department of the Navy, or the Department of the Air Force, or any branch, bureau, unit, or division thereof, or with respect to any of the personnel (military or civilian) of any of the foregoing. (2) Except as provided in paragraph (1) of this subsection, the appointment to the office of Director, or Deputy Director, of a commissioned officer of the armed services, and his acceptance of and service in such office, shall in no way affect any status, office, rank, or grade he may occupy or hold in the armed services, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade. Any such com missioned officer shall, while serving in the office of Director, or Deputy Director, continue to hold rank and grade not lower than that in which serving at the time of his appointment and to receive the military pay and allowances (active or retired, as the case may be, including personal money allowance) payable to a commissioned officer of his grade and length of service for which the appropriate department shall be reimbursed from any funds available to defray the expenses of the Central Intelligence Agency. He also shall be paid by the Central Intelligence Agency from such funds an annual compensation at a rate equal to the amount by which the compensation established for such position exceeds the amount of his annual military pay and allowances. (3) The rank or grade of any such commissioned officer shall, during the period in which such commissioned officer occupies the office of Director of Central Intelligence, or Deputy Director of Central Intelligence, be in addition to the numbers and percentages otherwise authorized and appropriated for the armed service of which he is a member. (c) Termination of employment of officers and employees; effect on right of subsequent employment. Notwithstanding the provisions of section 652 of Title 5, or the provisions of any other law, the Director of Central Intelligence may, in his discretion, terminate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States, but such termination shall not affect the right of such officer or employee to seek or accept employment in any other department or agency of the Government if declared eligible for such employment by the United States Civil Service Commission. (d) Powers and duties. For the purpose of coordinating the intelligence activities of the several Government departments and agencies in the interest of national security, it shall be the duty of the Agency, under the direction of the National Security Council (1) to advise the National Security Council in matters concerning such intelligence activities of the Government departments and agencies as relate to national security; (2) to make recommendations to the National Security Council for the coordination of such intelligence activities of the departments and agencies of the Government as relate to the national security; (3) to correlate and evaluate intelligence relating to the national security, and provide for the appropriate dissemination of such intelligence within the Government using where appropriate existing agencies and facilities: Provided, That the Agency shall have no police, subpena, lawenforcement powers, or internal-security functions: Provided further, That the departments and other agencies of the Government shall continue to collect, evaluate, correlate, and disseminate departmental intelligence: And provided further, That the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure; (4) to perform, for the benefit of the existing intelligence agencies, such additional services of common concern as the National Security Council determines can be more efficiently accomplished centrally; (5) to perform such other functions and duties related to intelligence affecting the national security as the National Security Council may from time to time direct. (e) Inspection of intelligence of other departments. To the extent recommended by the National Security Council and approved by the President, such intelligence of the departments and agencies of the Government, except as hereinafter provided, relating to the national security shall be open to the inspection of the Director of Central Intelligence, and such intelligence as relates to the national security and is possessed by such departments and other agencies of the Government, except as hereinafter provided, shall be made available to the Director of Central Intelligence for correlation, evaluation, and dissemination: Provided, however, That upon the written request of the Director of Central Intelligence, the Director of the Federal Bureau of Investigation shall make available to the Director of Central Intelligence such information for correlation, evaluation, and dissemination as may be essential to the national security. (f) Termination of National Intelligence Authority; transfer of personnel, property, records, and unexpended funds. Effective when the Director first appointed under subsection (a) of this section has taken office (1) the National Intelligence Authority (11 Fed. Reg. 1337, 1339, February 5, 1946) shall cease to exist; and (2) the personnel, property, and records of the Central Intelligence Group are transferred to the Central Intelligence Agency, and such Group shall cease to exist. Any unexpended balances of appropriations, allocations, or other funds available or authorized to be made available for such Group shall be available and shall be authorized to be made available in like manner for expenditure by the Agency. (July 26, 1947, ch. 343, title I, § 102, 61 Stat. 498; Oct. 15, 1949, ch. 695, § 4, 63 Stat. 880; Apr. 4, 1953, ch. 16, 67 Stat. 20.) 1953 AMENDMENTS Subsecs. (a) and (b) amended by act Apr. 4, 1953, to provide for the appointment of a Deputy Director of Central Intelligence and to define his duties and status. 1949 Subsec. (a) amended by act Oct. 15, 1949, to increase Director's compensation from $14,000 to $16,000 per annum. EFFECTIVE DATE OF 1949 AMENDMENT The increased compensation provided for by act Oct. 15, 1949, took effect on the first day of the first pay period which began after Oct. 15, 1949, by the provisions of section 9 of act Oct. 15, 1949, which is set out as a note under section 273 of Title 2, The Congress. EFFECTIVE DATE For effective date of this section, see note set out under section 171 of Title 5, Executive Departments and Government Officers and Employees. TRANSFER OF FUNCTIONS The National Security Council was transferred to the Executive Office of the President by 1949 Reorg. Plan No. 4, eff. Aug. 19, 1949, 14 F. R. 5227, 63 Stat. 1067. See Annual rate of compensation of Director as $21,000, and as $20,500 for Deputy Director, see sections 2203 (a) and 2204 of Title 5, Executive Departments and Government Officers and Employees. EX. ORD. NO. 10656. ESTABLISHMENT OF PRESIDENT'S BOARD OF CONSULTANTS ON FOREIGN INTELLIGENCE ACTIVITIES Ex. Ord. No. 10656, Feb. 6, 1956, 21 F. R. 859, provided: By virtue of the authority vested in me as President of the United States, and in order to enhance the security of the United States and the conduct of its foreign affairs by furthering the availability of intelligence of the highest order, it is ordered as follows: SECTION 1. There is hereby established the President's Board of Consultants on Foreign Intelligence Activities, hereinafter referred to as the President's Board. The members of the President's Board shall be appointed by the President, from among persons outside the Government and on the basis of ability, experience, and knowledge of matters relating to the national defense and security, and shall serve without compensation, but may receive transportation and per-diem allowances as authorized by law for persons serving without compensation. SEC. 2. The President's Board shall conduct an objective review of the foreign intelligence activities of the Government and of the performance of the functions of the Central Intelligence Agency and shall report its findings to the President semi-annually or at more frequent intervals as the President's Board may deem appropriate. Such reports shall embrace the quality of the foreign intelligence provided to the Executive Branch of the Government, the performance by the Central Intelligence Agency of its functions, the performance of their respective foreign intelligence functions by the principal intelligence elements of executive departments and other agencies, and any other related foreign intelligence matter which the President's Board deems appropriate. SEC. 3. The members of the President's Board, individually and sitting as the President's Board, shall consult from time to time with the Director of Central Intelligence concerning the activities of the Central Intelligence Agency and with intelligence elements of other departments and agencies. The Director of Central Intelligence and the intelligence elements concerned are authorized to make available to the President's Board or to its individual members any information concerning foreign intelligence activities relating to the national interest which the President's Board or its members may require to fulfill their responsibilities to the President under this order. SEC. 4. Each member of the President's Board shall execute an undertaking not to reveal any classified information obtained by virtue of his service on the President's Board except to the President or to such persons as the President may designate. SEC. 5. The transportation and per-diem allowances referred to in section 1 of this order, and any other expenditures arising in connection with the activities of the President's Board, shall be paid from the appropriation appearing under the heading "Special Projects" in Title I of the General Government Matters Appropriation Act, 1956 (Public Law 110, approved June 29 1955), without regard to the provisions of section 3681 of the Revised Statutes [section 672 of Title 31] and section 9 of the Act of March 4, 1909, 35 Stat. 1027 [section 673 of Title 31]. SEC. 6. This order shall be effective as of January 13, DWIGHT D. EISENHOWER 1956. § 403a. Same; definitions. When used in sections 403b-403c, 403e-403h, 403j of this title, the term (a) "Agency" means the Central Intelligence Agency; (b) "Director" means the Director of Central Intelligence; (c) "Government agency" means any executive department, commission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government; and (d) "Continental United States" means the States and the District of Columbia. (June 20, 1949, ch. 227, § 1, 63 Stat. 208.) CODIFICATION Section was not enacted as a part of the National Security Act of 1947 which comprises this chapter. SHORT TITLE Act June 20, 1949, § 10, formerly § 12, 63 Stat. 212, renumbered July 7, 1958, Pub. L. 85-507, § 21(b)(2), 72 Stat. 337, provided that Act June 20, 1949, which is classified to sections 403a-403] of this title, should be popularly known as the "Central Intelligence Agency Act of 1949". SEPARABILITY CLAUSE Act June 20, 1949, § 9, formerly § 11, 63 Stat. 212, renumbered July 7, 1958, Pub. L. 85-507, § 21(b)(2), 72 Stat. 337, provided that: "If any provision of this Act [sections 403a-403] of this title], or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act [said sections] or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby." § 403b. Same; seal of office. The Director of Central Intelligence shall cause a seal of office to be made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof. (June 20, 1949, ch. 227, § 2, 63 Stat. 208.) CODIFICATION Section was not enacted as a part of the National Security Act of 1947 which comprises this chapter. § 403c. Same; procurement authority. (a) In the performance of its functions the Central Intelligence Agency is authorized to exercise the authorities contained in sections 151 (c) (1)-(6), (10), (12), (15), (17), 155 and 159 of Title 41. (b) In the exercise of the authorities granted in subsection (a) of this section, the term "Agency head" shall mean the Director, the Deputy Director, or the Executive of the Agency. (c) The determinations and decisions provided in subsection (a) of this section to be made by the Agency head may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. Except as provided in subsection (d) of this section, the Agency head is authorized to delegate his powers provided in this section, including the making of such determinations and decisions, in his discretion and subject to his direction, to any other officer or officers or officials of the Agency. (d) The power of the Agency head to make the determinations or decisions specified in sections 151 (c) (12), (15), and 154 (a) of Title 41 shall not be delegable. Each determination or decision required by sections 151 (c) (12), (15), 153, or 154 (a) of Title 41, shall be based upon written findings made findings shall be final and shall be available within the Agency for a period of at least six years following the date of the determination. (June 20, 1949, ch. 227, § 3, 63 Stat. 208.) REFERENCES IN TEXT Sections 151(c) (1)—(6), (10), (12), (15), (17), 153, 154(a), 155, and 159 of Title 41, referred to in subsec. (a) and (d), were repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, and are now covered by section 2301 et seq. of Title 10, Armed Forces. CODIFICATION Section was not enacted as a part of the National Security Act of 1947 which comprises this chapter. § 403d. Repealed. Pub. L. 85-507, § 21(b)(2), July 7, 1958, 72 Stat. 337. Section, act June 20, 1949, ch. 227, § 4, 63 Stat. 208, related to education and training of officers and employees, and is now covered by chapter 32 of Title 5, Executive Departments and Government Officers and Employees. EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 21(a) of Pub. L. 85-507, set out as a note under section 2301 of Title 5, Executive Departments and Government Officers and Employees. § 403e. Same; travel, allowance, and related expenses. (a) Under such regulations as the Director may prescribe, the Agency, with respect to its officers and employees assigned to permanent-duty stations outside the continental United States, its territories, and possessions, shall (1) (A) pay the travel expenses of officers and employees of the Agency including expenses incurred while traveling pursuant to orders issued by the Director in accordance with the provisions of subsection (a) (3) of this section with regard to the granting of home leave; (B) pay the travel expenses of members of the family of an officer or employee of the Agency when proceeding to or returning from his post of duty; accompanying him on authorized home leave; or otherwise traveling in accordance with authority granted pursuant to the terms of sections 403a-403c, 403e-403h, 403j of this title or any other Act; (C) pay the cost of transporting the furniture and household and personal effects of an officer or employee of the Agency to his successive posts of duty and, on the termination of his services, to his residence at time of appointment or to a point not more distant, or, upon retirement, to the place where he will reside; (D) pay the cost of storing the furniture and household and personal effects of an officer or employee of the Agency who is absent under orders from his usual post of duty, or who is assigned to a post to which, because of emergency conditions, he cannot take or at which he is unable to use, his furniture and household and personal effects; (E) pay the cost of storing the furniture and household and personal effects of an officer or employee of the Agency on first arrival at a post for a period not in excess of three months after such first arrival at such post or until the establishment of residence quarters, whichever shall be (F) pay the travel expenses and transportation costs incident to the removal of the members of the family of an officer or employee of the Agency and his furniture and household and personal effects, including automobiles, from a post at which, because of the prevalence of disturbed conditions, there is imminent danger to life and property, and the return of such persons, furniture, and effects to such post upon the cessation of such conditions; or to such other post as may in the meantime have become the post to which such officer or employee has been assigned. (2) Charge expenses in connection with travel of personnel, their dependents, and transportation of their household goods and personal effects, involving a change of permanent station, to the appropriation for the fiscal year current when any part of either the travel or transportation pertaining to the transfer begins pursuant to previously issued travel and transfer orders, notwithstanding the fact that such travel or transportation may not all be effected during such fiscal year, or the travel and transfer orders may have been issued during the prior fiscal year. (3) (A) Order to the United States or its Territories and possessions on leave provided for in sections 30-30b of Title 5, or as such sections may hereafter be amended, every officer and employee of the agency who was a resident of the United States or its Territories and possessions at time of employment, upon completion of two years' continuous service abroad, or as soon as possible thereafter: Provided, That such officer or employee has accrued to his credit at the time of such order, annual leave sufficient to carry him in a pay status while in the United States for at least a thirty-day period. (B) While in the continental United States on leave, the service of any officer or employee shall not be available for work or duties except in the agency or for training or for reorientation for work; and the time of such work or duty shall not be counted as leave. (C) Where an officer or employee on leave returns to the United States or its Territories and possessions, leave of absence granted shall be exclusive of the time actually and necessarily occupied in going to and from the United States or its Territories and possessions, and such time as may be necessarily occupied in awaiting transportation. (4) Notwithstanding the provisions of any other law, transport for or on behalf of an officer or employee of the Agency, a privately owned automobile in any case where it shall be determined that water, rail, or air transportation of the automobile is necessary or expedient for any part or of all the distance between points of origin and destination, and pay the costs of such transportation. (5) (A) In the event of illness or injury requiring the hospitalization of an officer or full time employee of the Agency, not the result of vicious habits, intemperance, or misconduct on his part, incurred while on assignment abroad, in a locality where there does not exist a suitable hospital or clinic, pay the travel expenses of such officer or employee by whatever means he shall deem appropriate and without regard to the Standardized Government Travel Regulations and section 73b of Title 5, to the nearest locality where a suitable hospital or clinic exists and on his recovery pay for the travel expenses of his return to his post of duty. If the officer or employee is too ill to travel unattended, the Director may also pay the travel expenses of an attendant; (B) Establish a first-aid station and provide for the services of a nurse at a post at which, in his opinion, sufficient personnel is employed to warrant such a station: Provided, That, in his opinion, it is not feasible to utilize an existing facility; (C) In the event of illness or injury requiring hospitalization of an officer or full time employee of the Agency, not the result of vicious habits, intemperance, or misconduct on his part, incurred in the line of duty while such person is assigned abroad, pay for the cost of the treatment of such illness or injury at a suitable hospital or clinic; (D) Provide for the periodic physical examination of officers and employees of the Agency and for the cost of administering inoculation or vaccinations to such officers or employees. (6) Pay the costs of preparing and transporting the remains of an officer or employee of the Agency or a member of his family who may die while in travel status or abroad, to his home or official station, or to such other place as the Director may determine to be the appropriate place of interment, provided that in no case shall the expense payable be greater than the amount which would have been payable had the destination been the home or official station. (7) Pay the costs of travel of new appointees and their dependents, and the transportation of their household goods and personal effects, from places of actual residence in foreign countries at time of appointment to places of employment and return to their actual residences at the time of appointment or a point not more distant: Provided, That such appointees agree in writing to remain with the United States Government for a period of not less than twelve months from the time of appointment. Violation of such agreement for personal convenlence of an employee or because of separation for misconduct will bar such return payments and, if determined by the Director or his designee to be in the best interests of the United States, any money expended by the United States on account of such travel and transportation shall be considered as a debt due by the individual concerned to the United States. (b) In accordance with such regulations as the President may prescribe and notwithstanding the provisions of section 70 of Title 5, the Director is authorized to grant to any officer or employee of the Agency allowances in accordance with the provisions of section 1131 (1), (2) of Title 22. (June 20, 1949, ch. 227, § 4, formerly § 5, 63 Stat. 209, renumbered July 7, 1958, Pub. L. 85-507, § 21 (b) (2), 72 Stat. 337.) REFERENCES IN TEXT Sections 30-30b of Title 5, referred to in subsec. (a) (1) (F) (3) (A), have been omitted from the Code as now covered by chapter 23 of Title 5, Executive Departments and Government Officers and Employees. CODIFICATION Section was not enacted as a part of the National Security Act of 1947 which comprises this chapter. Ex. ORD. No. 10100. REGULATIONS GOVERNING GRANTING OF ALLOWANCES Ex. Ord. No. 10100, Jan. 30, 1950, 15 F. R. 499, provided: By virtue of and pursuant to the authority vested in me by section 5 (b) of the Central Intelligence Agency Act of 1949, approved June 20, 1949 (Public Law 110, 81st Congress) [this section], and as President of the United States, I hereby prescribe the following regulations: 1. The allowances granted by the Director of Central Intelligence under section 5 (b) of the Central Intelligence Agency Act of 1949 [this section] shall conform to the allowances granted by the Secretary of State in accordance with the regulations prescribed by him pursuant to section 901 (1) and 901 (2) of the Foreign Service Act of 1946 [section 1131 (1) and (2) of Title 22] and Executive Order No. 10011 of October 22, 1948, as to places or cities with respect to which such regulations are applicable; and as to places or cities with respect to which such regulations are not applicable, the allowances granted by the Director shall conform, so far as practicable, to the general standards and rates contained in the said regulations of the Secretary of State. 2. The Director of Central Intelligence may prescribe such further regulations as he may deem necessary to effectuate the purposes of this order. 3. This order shall be effective as of June 20, 1949. § 403f. Same; general authorities of Agency. In the performance of its functions, the Central Intelligence Agency is authorized to (a) Transfer to and receive from other Government agencies such sums as may be approved by the Bureau of the Budget, for the performance of any of the functions or activities authorized under sections 403 and 405 of this title, and any other Government agency is authorized to transfer to or receive from the Agency such sums without regard to any provisions of law limiting or prohibiting transfers between appropriations. Sums transferred to the Agency in accordance with this paragraph may be expended for the purposes and under the authority of sections 403a-403c, 403e-403h, 403j of this title without regard to limitations of appropriations from which transferred; (b) Exchange funds without regard to section 543 of Title 31; (c) Reimburse other Government agencies for services of personnel assigned to the Agency, and such other Government agencies are authorized, without regard to provisions of law to the contrary, so to assign or detail any officer or employee for duty with the Agency; (d) Authorize couriers and guards designated by the Director to carry firearms when engaged in transportation of confidential documents and materials affecting the national defense and security; (e) Make alterations, improvements, and repairs on premises rented by the Agency, and pay rent therefor without regard to limitations on expenditures contained in the Act of June 30, 1932, as amended: Provided, That in each case the Director shall certify that exception from such limitations is necessary to the successful performance of the Agency's functions or to the security of its activities. (f) (1) Notwithstanding section 62 of Title 5, or any other law prohibiting the employment of any retired commissioned or warrant officer of the armed services, the Agency is authorized to employ and to pay the compensation of not more than fifteen retired officers or warrant officers of the armed services while performing service for the Agency, but while so serving such retired officer or warrant officer will be entitled to receive only the compensation of his position with the Agency, or his retired pay, whichever he may elect. (2) Nothing in this section shall limit or affect the appointment of and payment of compensation to retired officers or warrant officers not presently or hereafter prohibited by law. (June 20, 1949, ch. 227, § 5, formerly § 6, 63 Stat. 211; June 26, 1951, ch. 151, 65 Stat. 89; renumbered July 7, 1958, Pub. L. 85-507, § 21(b) (2), 72 Stat. 337.) REFERENCES IN TEXT The act of June 30, 1932, as amended, referred to in subsec. (e), is the Legislative Branch Appropriation Act, 1933, act June 30, 1932, ch. 314, 47 Stat. 382, and is classifled to sections 278a and 303b of Title 40, Public Buildings, Property, and Works. CODIFICATION Section was not enacted as a part of the National Security Act of 1947 which comprises this chapter. AMENDMENTS 1951-Subsec. (f) added by act June 26, 1951. § 403g. Same; 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 the proviso of section 403 (d) (3) of this title that the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, the Agency shall be exempted from the provisions of section 654 of Title 5, and the provisions of any other law which require the publication or disclosure of the organization, functions, names, official titles, salaries, or numbers of personnel employed by the Agency: Provided, That in furtherance of this section, the Director of the Bureau of the Budget shall make no reports to the Congress in connection with the Agency under section 947 (b) of Title 5. (June 20, 1949, ch. 227, § 6, formerly § 7, 63 Stat. 211, renumbered July 7, 1958, Pub. L. 85-507, § 21(b) (2), 72 Stat. 337.) REFERENCES IN TEXT Section 947(b) of Title 5, referred to in the text, was repealed by act Sept. 12, 1950, ch. 946, title III, § 301(85), 64 Stat. 843. CODIFICATION Section was not enacted as a part of the National Security Act of 1947 which comprises this chapter. § 403h. Same; admission of essential aliens; limitation on number. Whenever the Director, the Attorney General, and the Commissioner of Immigration shall determine that the entry of a particular alien into the United States for permanent 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 given entry into the United States for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to |