OPTIONS FOR CREATING TWO DEPUTIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91M00696R000800120003-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 16, 2016
• Document Release Date: October 22, 2004
• Sequence Number: 3
• Content Type: NOTES

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OPTIONS FOR CREATING TWO DEPUTIES
I. Options Requiring Amendment of National Security Act
TAB A
Create a Deputy for CIA and a Deputy for IC. Give DCI broad
delegation powers. Remain silent on order of succession and division
of responsibilities in DCI's absence.
Create a Deputy for CIA and a Deputy for IC. Give DCI broad
delegation powers. Provide that the Deputy for CIA shall act for the DCI
in his absence, except in certain IC matters otherwise delegated.
II. Options Not Requiring Legislation
Retain existing DDCI position. Appoint a non-statutory "Deputy
to the Director for the CIA" who would be the Agency counterpart of the
existing "Deputy to the Director for the IC." In the DCI's absence, the
DDCI acts as Director, the Deputy for CIA continues to manage the
Agency, and the Deputy for IC would continue his functions under
E.O. 11905. Only a very slight modification of E.O. 11905 would be
required.
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To amend the National Security Act of 1947, as.amended , and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 102(a) of the National Security Act of 1947
(50 U.S.C.A. 403(a)) is amended to read as follows:
it (a) There is established under the National Security
Council a Central Intelligence Agency with a Director of Central
Intelligence who shall be the head thereof. There shall be two
Deputy Directors of Central Intelligence: a Deputy Director of
Central Intelligence for the Central Intelligence Agency (Deputy
Director, Agency) and a Deputy Director of Central Intelligence
for the Intelligence Community (Deputy Director, Community).
The Director may, to the extent he deems appropriate and without
being relieved of his responsibility, :delegate to each of the Deputy
Directors any of those authorities vested in him by.virtue of his position
as Director of Central Intelligence and as head of the Central Intelligence
Agency and may perform any of his functions or duties, or exercise
any of his powers through, or with the aid of, such persons in, or
organizations of, the Central Intelligence Agency as he may designate.
The Director and the Deputy Directors shall be appointed by the
President, by and with the advice and consent of the Senate, from
among individuals in civilian life or from among the commissioned
officers of the armed services whether in active or retired status:
Provided, however, that at no time shall more than one of the three
positions of Director, Deputy Director, Agency, or Deputy Director,
Community, be occupied simultaneously by a commissioned officer
of the armed services, whether in an active or retired status. "
SECTION 2. (a) Section 102(b)(3) of the National Security Act
of 1947 (50 U . S . C . A . 403(b)(3)) is amended by striking the words
"of Central Intelligence" wherever they appear my that subsection.
(b) Section 3(b) of the Central Intelligence Agency Act of 1949
(50 U . S . C . A . 403c (b)) is amended to read as follows:
" (b) In the exercise of the authorities granted in subsection
(a) of this section, the term "Agency head" shall mean the Director
of Central Intelligence, or the Deputy Director of Central Intelligence
for the Central Intelligence Agency."
(c) Section 5314(36) of title 5, United States Code, is amended by
striking the word "Director" and inserting in lieu thereof the word
"Director!;. "
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To amend the National Security Act of 1947, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 102(a) of the National Security Act of 1947
(50 U . S . C . A . 403(a)) is amended to read as follows:
" (a) There is established under the National Security
Council a Central Intelligence Agency with a Director of Central
Intelligence who shall be the head thereof. There shall be two
Deputy Directors of Central Intelligence: a Deputy Director of
Central Intelligence for the Central Intelligence Agency (Deputy
Director, Agency) and a Deputy Director of Central Intelligence
for the Intelligence Community (Deputy Director, Community).
The Deputy Director, Agency, shall assist the Director in the
supervision and direction of the Central Intelligence Agency,
shall perform such other duties and exercise such powers as the
Director may prescribe. The Deputy Director, Community, shall
assist the Director in his responsibilities with respect to the Intelligence
Community, as that Community is defined by Executive order. The
Director may, to the extent he deems appropriate and without being
relieved of his responsibility, delegate to each of the Deputy Directors
any of those authorities vested in him by virtue of his position as
Director of Central Intelligence and as head of the Central Intelligence
Agency and may perform any of his functions or duties, or exercise
any of his powers through, or with the aid of, such persons in, or
organizations of, the Central Intelligence Agency as he may designate.
The Deputy Director, Agency, shall act for, and exercise the powers
of, the Director during his absence or disability, except for those
responsibilities relating to the Intelligence Community which the
Director has otherwise made provision for. The Director and the
Deputy Directors shall be appointed by the President, by and with
the advice and consent of the Senate, from among individuals in
civilian life or from among the commissioned officers of the armed
services whether in active or retired status: Provided, however,
that at no time shall more than one of the three positions of Director,
Deputy Director, Agency, or Deputy Director, Community, be
occupied simultaneously by a commissioned officer of the armed
services, whether in an active or retired status.'
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SECTION 2. (a) Section 102 (h) (3) of the National Security Act
of 1947 (50 U.S. G.A. 403 (b) (3)) is amended by striking the words
"of Central Intelligence" wherever they appear i?n that subsection.
(b) Section 3(b) of the Central Intelligence Agency Act of 1949
(50 U . S . C . A . 403 c (b)) is amended to read as follows:
" (b) In the exercise of the authorities granted in subsection
(a) of this section, the term "Agency head" shall mean the Director
of Central Intelligence, or the Deputy Director of Central Intelligence
for the Central Intelligence Agency. "
(c) Section 5314(36) of title 5, United States Code, is amended by
striking the word "Director" and inserting in lieu thereof the word
"Directors. "
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Section 3(d)(3) of Executive Order 11905, which now reads:
"To assist the Director of Central Intelligence in the
supervision and direction of the Central Intelligence Agency,
the Director of Central Intelligence shall, to the extent con-
sistent with his statutory responsibilities, delegate the day-
to-day operations of the Central Intelligence Agency to the
Deputy Director of Central Intelligence [50 U . S . C . 403(a)]
"To assist the Director of Central Intelligence in the
supervision and direction of the Central Intelligence Agency,
the position of Deputy to the Director of Central Intelligence
for the Central Intelligence Agency is hereby established."
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30 March 1976
MEMORANDUM FOR: The Director,
SUBJECT : Statutory Second Deputy
1. It is my understanding that you want the Deputy for
the Community to be your principal Deputy, and to act for you
in your absence. In routine matters, of course, he would ac:
for you in your role as the President's senior in.elligence
advisor; the Deputy for the Agency would act for you as head
of the Agency.
2. 1 have discussed this with Admiral. Murphy and u i th
Rogovin, Cary and PMorrison. Everyone understands what it is
you want to do. There -is a serious pr hlem, how-ver.
3. The Act of 1947 places the responsibilities to advi c
the NSC on intelligence activities, to make recommendations to
the USC for coordination of intelligence activities, and to
correlate and evaluate intelligence, o_n the CIA, under "a Di-
-r--- rector of Central Intelligence who shall be the head thereof.,"
and not directly on the DCI. (Congress did not address the exis-
tence of a Community to be coordinated.) To transFer any of these
responsibilities out of the Agency and vest them in a new Deputy
would require major revision of the Act. Unless that is done,
there is no way that the Agency Deputy can he kept from acting
for you in your absence, but there -is considerablce doubt that
Congress would be willing to accept such a change or even to
address it this year.
4. Rogovin believes the bill should simply create a
second Deputy and remain silent on which does hat and ~,wwhich it
the senior. This may be an out. If it could be done, you..i could,
with the powers you now have, simply designate which will tie
senior. This would enable you to do What you want now and pre-
serve for yourself or a successor maximum flexibility for the
'Future, should circumstances change.
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5. I have asked the troops to work up some options and
analyze difficulties inherent in each, for a discussion v:ith
you later in the week. These will include Pitch's suggestion.
--2.-
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DRAFT BILLS TO CREATE A SECOND
DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE
Creates a Deputy for CIA and a Deputy for IC. Permits
DCI to delegate various responsibilities, and provides that the
Deputy for CIA shall act for the DCI in his absence.
Creates a Deputy for CIA and a Deputy for IC. Permits DCI
to delegate various responsibilities, and provides that the Deputy Director
for CIA shall act for DCI in his absence, except in certain IC matters
otherwise delegated.
Creates a Deputy for CIA and a Deputy for IC. Gives DCI
broad delegation powers.
Retains existing DCI and DDCI positions. Creates five
"Assistant Directors," to be appointed by the Director. One of
the Assistant Directors would be for the IC.
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To amend the National Security Act of 1947, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 102 (a) of the National Security Act of 1947
(50 U.S.C.A. 403(a)) is amended to read as follows:
"(a) There is established under the National Security
Council a Central Intelligence Agency with a Director of Central
Intelligence who shall be the head thereof. There shall be two
Deputy Directors of Central Intelligence: a Deputy Director of
Central Intelligence for the Central Intelligence Agency (Deputy
Director, Agency) and a Deputy Director of Central Intelligence
for the Intelligence Community (Deputy Director, Community).
The Deputy Director, Agency, shall assist the Director in the
supervision and direction of the Central Intelligence Agency,
shall perform such other duties and exercise such powers as the
Director may prescribe, and shall act for, and exercise the
powers of, the Director during his absence or disability. The
Deputy Director, Community, shall assist the Director in his
responsibilities with respect to the Intelligence Community, as
that Community is defined by Executive order. The Director may,
to the extent he deems appropriate and without being relieved of
his responsibility, delegate to each of the Deputy Directors any of
those authorities vested in him by virtue of his position as Director
of Central Intelligence and as head of the Central Intelligence Agency
and may perform any of his functions or duties, or exercise any of
his powers through, or with the aid of, such persons in, or organiza-
tions of, the Central Intelligence Agency as he may designate. The
Director and the Deputy Directors shall be appointed by the President,
by and with the advice and consent of the Senate, from among indivi-
duals in civilian life or from among the commissioned officers of the
armed services whether in active or retired status: Provided, however,
that at no time shall more than one of the three positions of Director,
Deputy Director, Agency, or Deputy Director, Community, be occupied
simultaneously by a commissioned officer of the armed services,
whether in an active or retired status. "
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SECTION 2. (a) Section 102(b)(3) of the National Security Act
of 1947 (50 U . S . C . A . 403(b)(3)) is amended by striking the words
"of Central Intelligence" wherever they appear in that subsection.
(b) Section 3(b) of the Central Intelligence Agency Act of 1949
(50 U.S.C.A. 403c(b)) is amended to read as follows:
" (b) In the exercise of the authorities granted in subsection
(a) of this section, the term "Agency head" shall mean the Director
of Central Intelligence, or the Deputy Director of Central Intelligence
for the Central Intelligence Agency."
(c) Section 5314(36) of title 5, United States Code, is amended by
striking the word "Director" and inserting in lieu thereof the word
"Directors. "
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To amend the National Security Act of 1947, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 102 (a) of the National Security Act of 1947
(50 U.S.C.A. 403(a)) is amended to read as follows:
" (a) There is established under the National Security
Council a Central Intelligence Agency with a Director of Central
Intelligence who shall be the head thereof. There shall be two
Deputy Directors of Central Intelligence: a Deputy Director of
Central Intelligence for the Central Intelligence Agency (Deputy
Director, Agency) and a Deputy Director of Central Intelligence
for the Intelligence Community (Deputy Director, Community).
The Deputy Director, Agency, shall assist the Director in the
supervision and direction of the Central Intelligence Agency,
shall perform such other duties and exercise such powers as the
Director may prescribe. The Deputy Director, Community, shall
assist the Director in his responsibilities with respect to the Intelligence
Community, as that Community is defined by Executive order. The
Director may, to the extent he deems appropriate and without being
relieved of his responsibility, delegate to each of the Deputy Directors
any of those authorities vested in him by virtue of his position as
Director of Central Intelligence and as head of the Central Intelligence
Agency and may perform any of his functions or duties, or exercise
any of his powers through, or with the aid of, such persons in, or
organizations of, the Central Intelligence Agency as he may designate.
The Deputy Director, Agency, shall act for, and exercise the powers
of, the Director during his absence or disability, except for those
responsibilities relating to the Intelligence Community which the
Director has otherwise made provision for. The Director and the
Deputy Directors shall be appointed by the President, by and with
the advice and consent of the Senate, from among individuals in
civilian life or from among the commissioned officers of the armed
services whether in active or retired status: Provided, however,
that at no time shall more than one of the three positions of Director,
Deputy Director, Agency, or Deputy Director, Community, be
occupied simultaneously by a commissioned officer of the armed
services, whether in an active or retired status."
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SECTION 2. (a) Section 102 (b) (3) of the National Security Act
of 1947 (50 U.S.C.A. 403(b)(3)) is amended by striking the words
"of Central Intelligence" wherever they appear in that subsection.
(b) Section 3(b) of the Central Intelligence Agency Act of 1949
(50 U . S . C .A . 403c (b)) is amended to read as follows:
"(b) In the exercise of the authorities granted in subsection
(a) of this section, the term "Agency head" shall mean the Director
of Central Intelligence, or the Deputy Director of Central Intelligence
for the Central Intelligence Agency. "
(c) Section 5314(36) of title 5, United States Code, is amended by
striking the word "Director" and inserting in lieu thereof the word
"Directors. "
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A BILL
To amend the National Security Act of 1947, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 102(a) of the National Security Act of 1.947
(50 U.S.C.A. 403(a)) is amended to read as follows:
"(a) There is established under the National Security
Council a Central Intelligence Agency with a Director of Central.
Intelligence who shall be the head thereof. There shall be two
Deputy Directors of Central Intelligence: a Deputy Director of
Central Intelligence for the Central Intelligence Agency (Deputy
Director, Agency) and a Deputy Director of Central Intelligence
for the Intelligence Community (Deputy Director, Community).
The Director may, to the extent he deems appropriate and without
being relieved of his responsibility, cdelegate to each of the Deputy
Directors any of those authorities vested in him by virtue of his position
as Director of Central Intelligence and as head of the Central Intelligence
Agency and may perform any of his functions or duties, or exercise
any of his powers through, or with the aid of, such persons in, or
organizations of, the Central Intelligence Agency as he may designate.
The Director and the Deputy Directors shall be appointed by the
President, by and with the advice and consent of the Senate, from
among individuals in civilian life or from among the commissioned
officers of the armed services whether in active or retired status:
Provided, however, that at no time shall more than one of the three
positions of Director, Deputy Director, Agency, or Deputy Director,
Community, be occupied simultaneously by a commissioned officer
of the armed services, whether in an active or retired status.
SECTION 2. (a) Section 102 (b) (3) of the National Security Act
of 1947 (50 U. S. C. A. 403 (b) (3)) is amended by striking the words
"of Central Intelligence" wherever they appear in` that subsection.
(b) Section 3(b) of the Central Intelligence Agency Act of 1949
(50 U . S . C . A . 403c (b)) is amended to read as follows:
"(b) In the exercise of the authorities granted in.subsection
(a) of this section, the term "Agency head" shall mean the Director
of Central Intelligence, or the Deputy Director of Central Intelligence
for the Central Intelligence Agency."
(c) Section 5314(36) of title 5, United States Code, is amended by
striking the word "Director" and inserting in lieu thereof the word
"Directors. "
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To amend the National Security Act of 1947, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. Section 102(a) of the National Security Act of 1947
(50 U . S . C .A . 403(a)) is amended to read as follows:
"(a)(1) 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 commis-
sioned officers of the armed forces, 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.
"(2) There shall be five Assistant Directors, appointed by the
Director of Central Intelligence, who shall perform such duties and
exercise such powers as the Director of Central Intelligence may
prescribe. One of the Assistant Directors shall be the Assistant
Director for the Intelligence Community. He shall have as his princi-
pal duty assisting the Director of Central Intelligence in his respon-
sibilities with respect to the Intelligence Community, as defined in
Executive order. The Director may, to the extent he deems appropriate
and without being relieved of his responsibility, delegate to each
of the Deputy Directors any of those authorities vested in him by virtue
of his position as Director of Central Intelligence and as head of the
Central Intelligence Agency and may perform any of his functions or
duties, or exercise any of his powers through, or with the aid of,
such persons in, or organizations of, the Central Intelligence Agency
as he may designate.
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