A. CENTRAL INTELLIGENCE AGENCY NATIONAL SECURITY ACT OF 1947

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00551R002001190004-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 23, 2016
• Document Release Date: January 22, 2013
• Sequence Number: 4
• Publication Date: August 30, 1984
• Content Type: REGULATION

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A. CENTRAL INTELLIGENCE AGENCY
NATIONAL SECURITY ACT OF 1947
ACT OF JULY 26, 1947
AN ACT To promote the national security by providing for a Secretary of Defense;
for a National Military Establishment; for a Department of the Army, a Depart-
ment of the Navy, and a Department of the Air Force; and for the coordination of
the activities of the National Military Establishment with other departments and
agencies of the Government concerned with the national security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SHORT TITLE
That (50 U.S.C. 401 note] this Act may be cited as the "Nation-
al Security Act of 1947".
TABLE OF CONTENTS
Sec. 2. Declaration of policy.
Tms 1?COORDINATION roa NATIONAL SECURITT
Sec. 101. National Security Council.
Sec. 102. Central Intelligence Agency.
Sec. 102a. Appointment of Director of Intelligence Community Staff.
Sec. 103. National Security Resources Board.
Trris DEPARTMCNT or Dtrerrsz
Sec. 201. Department of Defense.
Sec. 202. Secretary of Defense.'
Sec. 203. Military Assistants to the Secretary.'
Sec. 204. Ovilian personnel.'
Sec. 205. Department of the Army.
Sec. 206. Department of the Navy.
Sec. 207. Department of the Air Force.
Sec. 208. United States Air Force.'
Sec. 209. Effective date of transfers.'
Sec. 210. War Council.'
Sec. 211. Joint Chiefs of Staff.'
Sec. 212. Joint Staff.
Sec. 213. Munitions Board.'
Sec. 214. Research and Development Board.'
TIT 1:111?MI8CELLANIOUS
SOC. 301. Compensation of Secretaries.'
Sec. 302. Under Secretaries and Assistant Secretaries.'
Sec. 303. Advisory committees and personnel.
Sec. 304. Status of transferred civilian personnel.'
Sec. 305. Saving provisions.'
Sec. 306. Transfer of funds.'
Sec. 307. Authorization for appropriations.
Sec. 308. Definitions.
Sec. 309. Separability.
Sec. 310. Effective date.
'Section repealed without amending table of contents.
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? (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 Intelli-
gence " who shall act for, and exercise the powers of, the Director
during his absence or disability.'' The Director " and the Deputy
Director 6 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, wheth-
er 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 shubject 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 Depart-
ment 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 emolu-
ment, perquisite, right, privilege, or benefit incident to or arising out
of any such status, office, rank, or grade. Any such commissioned
officer shall, while serving in the office of Director, or Deputy
Director, continue to hold rank and grade not lower than
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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 Intelli-
gence, 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 [now repealed] 20 of
Title 5, or the provisions of any other law," the Director of Central In-
telligence may, in his discretion, terminate the employment of any
officer or employee of the Agency whenever he shall deem such
termination necessary or advisable to 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 agen-
cies as relate to national security;
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(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 intelli-
gence within the Government using where appropriate existing agen-
cies and facilities: Provided, That the Agency shall have no police,
subpena, law-enforcement powers," or internal-security functions: Pro-
vided further, That the departments and other agencies of the Govern-
ment 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; and
(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 Intelli-
gence such information for correlation, evaluation, and dissemination
as may be essential to the national security.
(f) Termination of National Intelligence Authority; transfer of per-
sonnel, 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; 26 and
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(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 unexpected balances of appropria-
tions, 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.
50 U.S.C.A. 403-1 [? 102a of Nat. Sec. Act]. Intelligence Community
Staff; appointment of Director
(1) If a commissioned officer of the Armed Forces is appointed as
Director of the Intelligence Community Staff, such commissioned
officer, while serving in such position?
(A) shall not be subject to supervision, control, restriction, or
prohibition by the Department of Defense or any component thereof;
and
(B) shall not exercise, by reason of his status as a commissioned
officer, any supervision, control, powers, or functions (other than as
authorized as Director of the Intelligence Community Staff) with
respect to any of the military or civilian personnel thereof.
(2) Except as provided in subsection (1), the appointment of a
commissioned officer of the Armed Forces to the position of Director of
the Intelligence Community Staff, his acceptance of such appointment
and his service in such position shall in no way affect his status,
position, rank, or grade 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. Any such commissioned officer,
while serving in the position of Director of the Intelligence Community
Staff, shall continue to hold a rank and grade not lower than that in
which he was serving at the time of his appointment to such position
and to receive the military pay and allowances (including retired or
retainer pay) payable to a commissioned officer of his grade and length
of service for which the appropriate military department shall be
reimbursed from any funds available to defray the expenses of the
Intelligence Community Staff. In addition to any pay or allowance
payable under the preceding sentence, such commissioned officer shall
be paid by the Intelligence Community Staff, from funds available to
defray the expenses of such staff, an annual compensation at a rate
equal to the excess of the rate of compensation payable for such
position over the annual rate of his military pay (including retired and
retainer pay) and allowances.
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(3) Any commissioned officer to which subsection (1) applies, during
the period of his service as Director of the Intelligence Community
Staff, shall not be counted against the numbers and percentages of
commissioned officers of the rank and grade of such officer authorized
for the Armed Force of which he is a member, except that only one
commissioned officer of the Armed Forces occupying the position of
Director of Central Intelligence or Deputy Director of Central Intelli-
gence as provided for in section 403 of this title or the position of
Director of the Intelligence Community Staff, under this section, shall
be exempt from such numbers and percentage at any one time."
SUBCHAPTER II?MISCELLANEOUS AND
CONFORMING PROVISIONS
50 U.S.C.A. 405 [? 303 of Nat. Sec. Act]. Advisory Committees;
appointment; compensation of part-time personnel; applicability of
other laws
(a) The Director of the Office of Emergency Preparedness, the
Director of Central Intelligence, and the National Security Council,'
acting through its Executive Secretary, are authorized to appoint such
advisory committees and to employ, consistent with other provisions of
this chapter, such part-time advisory personnel as they may deem
necessary in carrying out their respective functions and the functions of
agencies under their control. Persons holding other offices or positions
under the United States for which they receive compensation, while
serving as members of such committees, shall receive no additional
compensation for such service. Other members of such committees and
other part-time advisory personnel so employed may serve without
compensation or may receive compensation at a daily rate not to exceed
the daily equivalent of the rate of pay in effect for grade GS-18 of the
General Schedule established by section 5332 of Title 5, United States
Code, as determined by the appointing authority.30
(b) Service of an individual as a member of any such advisory
committee, or in any other part-time capacity for a department or
agency hereunder, shall not be considered as service bringing such
individual within the provisions of section 203, 205, or 207 of Title 18,'1
unless the act of such individual, which by such section is made
unlawful when performed by an individual referred to in such section,
is with respect to any particular matter which directly involves a
department or agency which such person is advising or in which such
department or agency is directly interested.
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wound up. By memoranda of 26 and 27 September 1945, Assistant Secretary
of War John J. McCloy and Secretary of War Robert B. Peterson created the
Strategic Services Unit, with Brigadier General John Magruder as its head, to
"exercise, administer and operate (with power of delegation and successive
redelegation where appropriate) the functions, personnel, records and proper-
ty which have been or will be transferred to the War Department and the
Secretary of War under" Executive Order 9621.
28 In addition, subsection 1001(c) of the Department of Defense Authoriza-
tion Act, 1984 (97 Stat. 614, Pub. L. 98-94, September 24, 1983), provides:
(c) During fiscal year 1984, a commissioned officer serving in the
position of Director of the Intelligence Community Staff shall not be
counted against the numbers and percentages of commissioned officers of
the grade of such officer authorized for the Armed Forces of which he is a
member, except that during such year only one commissioned officer of the
Armed Forces occupying the position of Director of Central Intelligence or
Deputy Director of Central Intelligence as provided for in section 102 of
the National Security Act of 1947 (50 U.S.C. 403) or the position of
Director of the Intelligence Community Staff may be exempt from such
numbers and percentages at any one time.
" Section 303, as enacted in 1947, did not apply to the National Security
Council. The Council was included in the subsection by the National Security
Act Amendments of 1949 (Pub. L. 81-216).
38 The 1947 Act authorized compensation "not to exceed $35." The
provision was changed to "$50" by section 10 of the National Security Act
Amendments of 1949 (63 Stat. 578) and to the current language by the 1981
amendments (95 Stat. 1150).
31 Section 203 prohibits bribes and similar activities and sections 205 and
207 prohibit activities by government employees and former employees which
are inconsistent with their duties as government employees.
" Section 501 was added to the National Security Act of 1947 by section
407(b) of the Intelligence Authorization Act for Fiscal Year 1981 (Pub. L. 96-
450, Guide, Part VII(A)). See also the charters of the intelligence committees
of the Senate and the House of Representatives, at Part VIII of the Guide.
" Section 502 was added to the National Security Act of 1947 by section
401 of the Intelligence Authorization Act for Fiscal Year 1986 (Guide, Part
VII (A)).
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