GUIDE TO CENTRAL INTELLIGENCE AGENCY STATUTES AND LAW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00269R000200020001-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 220
• Document Creation Date: December 14, 2016
• Document Release Date: June 16, 2003
• Sequence Number: 1
• Content Type: REGULATION

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Not.
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Act
1947
extracts from
NATIONAL SECURITY ACT OF 1947,
as amended
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CONTENTS-National Security Act of 1947, as amended
footnote page
Sec. 101 National Security Council
(a) establishment, function and composi-
tion of ............................ 1
President to preside over meetings of .. 1
Sec. 102 Central Intelligence Agency
(a) establishment of ..................... 2
Director and Deputy Director, authority
and appointment of ............... 2
(b) Director and Deputy Director,
additional to armed service authoriza-
tion ............................ 3
compensation of ................... 3
status, if commissioned officer of
armed services .................. 2
(c) authority of Director to terminate em-
ployment ......................... 3
Kochan v. Dulles ................ 19 13
Torpats v. Dulles ................ 19 13
Rhodes v. United States .......... 19 13
(d) Agency duties, under direction of Na-
tional Security Council ............ 3
Heine v. Raus .................. 21 15
United States v. ]arvinen ......... 21 14
(e) intelligence of departments and agencies
open to inspection by Director ...... 4
(f) National Intelligence Authority and
Central Intelligence Group to cease
to exist ........................... 5
Sec. 303 Advisory Committees and Personnel
(a) authority of Director to utilize ....... 5
(b) service of members not in conflict of
interest ........................... 5
Sec. 310 Effective Date ......................... 6
Footnotes ...................................... 7
(page numbers reserved) ........... ............ 24-30
July 1971
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CONTENTS-Statutes Having Special Application to CIA
footnote page
Atomic Energy Act of 1954, as amended ............
121
Executive Order 10899 .......................
123
Atomic Weapons Rewards Act of 1955 .............
129
Civil Service Act of 1883, amendment to ............
132
Classification Act of 1949 ........................
114
Comprehensive Alcohol Abuse and Alcoholism Pre-
vention, Treatment, and Rehabilitation Act of 1970
147
Disclosure of Classified Information Concerning
Cryptographic Systems and Communications
Intelligence Activities of the United States ......
116.3
Green v. McElroy ..........................
3
116.5
United States v. Petersen ....................
3
116.6
Footnotes ..................................
116.3
Duty to Assist in Protecting the President .........
142.1
Scherer v. Brennan ......................... 12
142.3
Emergency Detention Act of 1950 ................
117
Federal Executive Salary Act of 1964 ..............
135.1
Federal Property and Administrative Services Act of
1949, as amended ................. ............
111
Foreign Espionage Agents Registration Act .........
134
Freedom of Information Act ......................
136
CIA Notice under ...........................
4
138
Epstein v. Resor .............................
8
140
Footnotes ..................................
138
Immigration and Nationality Act ..................
118
Military Construction Act of 1955 .................
126
Omnibus Crime Control and Safe Streets Act of 1968
143
Giordano v. United States ....................
144
United States v. Stone ........................
144
Performance Rating Act of 1950, amendment to .....
125
Supplemental Appropriation Act, 1956 .............
131
Supplemental Appropriation Act, 1957 .............
133
(page numbers reserved) ........................
149-160
July 1971
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NATIONAL SECURITY ACT OF 1947,
as amended
(61 Stat. 495, P.L. 80-253, July 26, 1947;'
63 Stat. 578, P.L. 81-216, August 10, 1949;
65 Stat. 373, P.L. 82-165, October 10, 1951;
67 Stat. 19, P.L. 83-15, April 4, 1953;
68 Stat. 1226, P.L. 83-779, September 3, 1954;
70A Stat. 679, P.L. 84-1028, August 10, 1956;
78 Stat. 484, P.L. 88-448, August 10, 1964)
TITLE I-COORDINATION FOR NATIONAL SECURITY
NATIONAL SECURITY COUNCIL
SECTION 101. (a) There is established a council to be known as the
National Security Council 2 (hereinafter in this section referred
to as the "Council").
The President of the United States shall preside over meetings
of the Council: Provided, That in his absence he may designate a
member of the Council to preside in his place.
The function of the Council shall be to advise the President
with respect to the integration of domestic, foreign, and military
policies relating to the national security so as to enable the mili-
tary services and the other departments and agencies of the Gov-
ernment to cooperate more effectively in matters
national security.
The Council shall be composed of-3
(1) the President;
(2) the Vice President;4
(3) the Secretary of State;
(4) the Secretary of Defense;
involving the
(5) the Director for Mutual Security [now abolished];"
(6) the Chairman of the National Security Resources Board
[now the Director of the Office of Emergency Pre-
paredness];6 and
(7) the Secretaries and Under Secretaries of other executive
departments and of the military departments,7 the chair-
man of the Munitions Board [now abolished];8 and the
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U.S.C.A.
402(a)
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Chairman of the Research and Development Board
[now abolished],9 when appointed by the President by
and with the advice and consent of the Senate, to serve
at his pleasure,-.10
50
U.S.C.A.
403
SEC. 102. (a) There is established under the National Security
Council a Central Intelligence Agency with a Director of Central In-
telligence 11 who shall be t he head thereof, and with a Deputy Direc-
tor of Central Intelligence 12 who shall act for, and exercise the
powers of, the Director during his absence or disability. The Direc-
tor 13 and the Deputy Director 14 shall be appointed by the President,
by and with the advice a: id 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.1,
(b) (1) If a commissioned officer of the armed services is ap-
pointed 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 c r otherwise) other than would be opera-
tive 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 au-
thorized 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 divi-
sion thereof, or with respect to any of the personnel (military or
civilian) of any of the fa..egoing.
(2) Except as provided in paragraph (1) of this subsection, the
appointment to the office of Director, or Deputy Director, of a
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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
commissioned officer shall, while serving in the office of Director,
or Deputy Director, continue to hold rank and grade not lower
OW 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 nay and adlnwancee 16
(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.17
(c) Notwithstanding the provisions of section 652 [now 7501]
of Title 5,18 or the provisions of any other law, the Director of
Central Intelligence may, in his discretion, terminate the employ-
ment of any officer or employee of the Agency whenever he shall
deem such termination necessary or advisable in the interests of
the United States,19 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 Commis-
sion.
(d) 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-20
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(1) to advise the National Security Council in matters con-
cerning 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 depart-
ments and agencies of the Government as relate to the national
security;
(3) to correlate and evaluate intelligence relating to the na-
tional 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, subpoena, law-enforcement 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 respon-
sible for protecting intelligence sources and methods from unau-
thorized disclosure;21
(4) to perform, for the benefit of the existing intelligence agen-
cies, 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 in-
telligence affecting the national security as the National Security
Council may from time tc time direct.
(e) To the extent recommended by the National Security Coun-
cil and approved by the President, such intelligence of the de-
partments 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 in-
telligence 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 dissemi-
nation: 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
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Intelligence such information for correlation, evaluation, and dis-
semination as may be essential to the national security.
(f) Effective when the Director first appointed under sub-
section (a) of this section has taken office-
(1) the National Intelligence Authority (11 Fed. Reg. 1337,
1339, February 5, 1946) 22 shall cease to exist; and
(2) the personnel, property, and records of the Central Intelli-
gence Group are transferred to the Central Intelligence Agency,
and such Group shall cease to exist.22A 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 28
SEC. 303. (a) The Secretary of Defense,24 the Director of the
Office of Defense Mobilization [now abolished],25 the Direc-
tor of Central Intelligence, and the National Security Council,
acting through its Executive Secretary,26 are authorized to appoint
such advisory committees and to employ, consistent with other
provisions of sections 171-171n, 172-172j, 181-1, 182-1, 411a, 411b,
and 626-626d of Title 5,27 and sections 401-403, 404, and 405 of this
title,28 such part-time advisory personnel 20 as they may deem
necessary in carrying out their respective functions and the func-
tions of agencies under their control. Persons holding other offices
or positions under the United States for which they receive com-
pensation, 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 em-
ployed may serve without compensation or may receive compen-
sation at a rate not to exceed $50 30 for each day of service, as
determined by the appointing authority.
(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 sections 281 [now 203],
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50
U.S.C.
405
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283 [now 205], or 284 [now 207] of Title 18,31 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 de-
partment or agency which such person is advising or in which such
department or agency is directly interested.
SEC. 310. (a) The first sentence of section 202(a) and sec-
tions 1, 2, 307, 308, 309, and 310 shall take effect immediately
upon the enactment of this Act.
(b) Except as provided in subsection (a), the provisions of
this Act shall take effect on whichever of the following days is
the earlier: The day after the day upon which the Secretary of
Defense first appointed takes office, or the sixtieth day after the
date of the enactment of this Act.-12
September 1970
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National Security Act Footnotes
1 Legislative history materials include:
Sen. Rep. No. 239, 80th Cong., 1st Sess., June 5, 1947;
H.R. Rep. No. 961, 80th Cong., 1st Sess., July 16, 1947; and
H.R. Rep. No. 1051 (Conference Report), 80th Cong., 1st Sess., July 24,
1947.
2 Reorganization Plan No. 4 of 1949 (63 Stat. 1067, 5 U.S.C.A., App., p.
222), effective August 20, 1949, transferred the National Security Council, to-
gether with its "functions, records, property, personnel, and unexpended bal-
ances of appropriations, allocations, and other funds (available or to be made
available)," to the Executive Office of the President. The latter Office was es-
tablished by Reorganization Plan No. 1 of 1939 (53 Stat. 1423, 5 U.S.C.A.,
App., p. 121), effective July 1, 1939.
As a result of the statutes and reorganization plans indicated in Footnotes 4
through 9, the current membership of the Council is not accurately stated
by the current language of the statute as set forth above. The officials who
now are members of the Council are:
The President;
The Vice President;
The Secretary of State;
The Secretary of Defense; and
The Director, Office of Emergency Preparedness
See Footnote 10 concerning the attendance of the Director of Central Intel-
ligence and other officials at Council meetings.
'Under the 1947 Act, the Vice President was not a member. He became a
member by the enactment of section 3 of the National Security Act Amend-
ments of 1949 (63 Stat. 578, P.L. 81-216, August 10, 1949).
When the Act was enacted in 1947, the position of "Director for Mutual
Security" did not exist. The position was established, and its incumbent made
a member of the Council, by section 501 of the Mutual Security Act of 1951
(65 Stat. 373, P.L. 82-165, October 10, 1951). The office of the Director
for Mutual Security was abolished and the functions of the Director as a mem-
ber of the Council were transferred to the Director of the Foreign Operations
Administration by Reorganization Plan No. 7 of 1953 (67 Stat. 639), effective
August 1, 1953. The office of the Director of the Foreign Operations Admin-
istration and the membership of the Director on the National Security Council
were abolished by section 303 of Executive Order 10810 (3 C.F.R., 1954-
1958 Comp., p. 250, May 9, 1955), effective June 30, 1955.
September 1970
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'The functions of the Chairman of the National Security Resources Board
as a member of the Council were transferred to the Director of the Office
of Defense Mobilization by section 2 of Reorganization Plan No. 3 of 1953
(67 Stat. 634, 5 U.S.C.A., App., p. 295), effective June 12, 1953. The
Office of Defense Mobilization was consolidated into the Office of Defense
and Civilian Mobilization by section 2 of Reorganization Plan No. 1 of 1958
(72 Stat. 1799, 5 U.S.C.A., App., p. 336), effective July 1, 1958, and redesig-
nated the "Office of Civil and Defense Mobilization" by P.L. 85-763
(72
Stat. 861, August 26, 1958), as the "Office of Emergency Planning"
by
section 1 of P.L. 87-296 (Ti Stat. 630, September 22, 1961), and as
the
"Office of Emergency Preparedness" by section 402 of P.L. 90-608
Stat. 1190, October 21, 1968).
(82
"Under the 1947 Act, the Secretaries of the Army, Navy, and Air Force
also were members. Their memberships were abolished by the National Security
Act Amendments of 1949 (Footnote 4) . Item 7 of section 101(a) authorizes
the President to appoint the ;ecretari6s of the military departments as mem-
bers but none has done so.
8 The office of the Chairman of the Munitions Board was abolished
and the functions of the Board transferred to the Secretary of Defense, by
Reorganization Plan No. 6 of 1953 (67 Stat. 638, 5 U.S.C.A., App., p. 304),
effective June 30, 1953.
'The office of the Chairman of the Research and Development Board was
abolished, and the functions Af the Board were transferred to the Secretary
of Defense, by Reorganization Plan No. 6 of 1953 (Footnote 8).
'? No members have been appointed by any President under the authority of
item 7 section 101(a). Various other officials have been invited by the Presi-
dents to participate regularly n Council meetings, most notably the Secretary
of the Treasury, the Attorney General and the Director, Bureau of the Budget.
At the first meeting of the Council, on September 18, 1947, the effective date
of the National Security Act, i'_: was agreed that the Director of Central Intelli-
gence should attend all Council meetings as an advisor and observer. Accord-
ingly, the Director has atttended regularly in that capacity from the inception of
the Council. Subsection 7(b) cf the National Security Act Amendments of 1949
(Footnote 4) designated the joint Chiefs of Staff as "the principal military
advisers to . . . the National Security Council . . ... The Chairman of . the
Joint Chiefs thereafter has attended Council meetings on a regular basis.
'The duties, powers and responsibilities of the Director of Central Intelli-
gence, and those of the Central Intelligence Agency, prescribed by section
102 of the National Security A A include certain interagency responsibilities and
coordinating authority of the Director. These, together with the title "Director
of Central Intelligence" and -he relationship. of the Agency to the National
Security Council and the Pry isident, as prescribed by sections 101(a) and
102, establish the Director s the principal foreign intelligence officer of
the government. He has been so designated by various actions of the Presi-
September 1970
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(Footnote 11-Continued)
dents. The primary Presidential action in this regard is a letter of January 16,
1962, from President Kennedy to Director John A. McCone:
In coordinating and guiding the total intelligence effort, you will
serve as Chairman of the United States Intelligence Board, with a
view to assuring the efficient and effective operation of the Board
and its associated bodies. In this connection I note with approval
that you have designated your deputy to serve as a member of the
Board, thereby bringing to the Board's deliberations the relevant facts
and judgments of the Central Intelligence Agency.
As directed by the President and the National Security Council,
you will establish with the advice and assistance of the United States
Intelligence Board the necessary policies and procedures to assure
adequate coordination of foreign intelligence activities at all levels.
With the heads of the Departments and Agencies concerned you
will maintain a continuing review of the programs and activities of
all U.S. agencies engaged in foreign intelligence activities with a view
to assuring efficiency and effectiveness and to avoiding undesirable
duplication.
See also Public Papers of the Presidents of the United States, John F.
Kennedy (1961), p. 753, item 458; Public Papers of the Presidents of the
United States, Lyndon B. Johnson, Vol. I (1965), p. 458, item 209 (Note).
And see President Nixon's memorandum of March 24, 1969, for the Secretary
of State, the Secretary of Defense, the Director of Central Intelligence, and
the Chairman, President's Foreign Intelligence Advisory Board, quoted in full at
page 68 of PART IV:
I shall look to the Director of Central Intelligence to continue to
provide coordination and guidance to the total foreign intelligence
activities of the United States with the view to assuring a compre-
hensive and integrated effort on the part of the United States Govern-
ment agencies.
The Director was a member of the Operations Coordinating Board, es-
tablished by Executive Order 10483 (3 C.F.R., 1949-1953 Comp., p. 968,
September 2, 1953) and continued in operation by Executive Order 10700
(3 C.F.R., 1954-1958 Comp., p. 360, February 25, 1957), until the Board
was abolished by Executive Order 10920 (3 C.F.R., 1959-1963 Comp., p. 446,
February 18, 1961).
12 The Act of 1947 did not include the position of Deputy Director and
for several years thereafter there was no "provision of law establishing a
Deputy Director with statutory authority to act for the Director or to per-
form such functions as the Director may assign to him" (H.R. Rep. No. 83-219,
March 30, 1953). The existence of the position was given statutory recog-
nition by the enactment of the Executive Pay Act of 1949 (63 Stat. 880,
P.L. 81-359, October 15, 1949), which prescribed compensation for the posi-
tion. This feature proved troublesome when in early 1943 the Agency desired
the establishment of the office by statute, with statutory authority, and the
President intended to appoint an Air Force lieutenant general (Charles P.
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(Footnote 12-Continued)
Cabell) as Deputy Director. It was felt, at least in some quarters, that existing
law (then 10 U.S.C.A. 576, now 10 U.S.C.A. 973) prohibited the appointment
of General Cabell unless he vacated his commission. The view was that since
section 576 prohibited the appointment of a commissioned officer to an ap-
pointive office, the reference to the position of Deputy Director in the Execu-
tive Pay Act of 1949 "created the statutory office of Deputy Director, at least
to the extent that no officer of the Armed Forces could be appointed to that
position" (Congressional Record, April 1, 1953, p. 2742). Senator Saltonstall,
in fact, stated that the purp,)se of the bill was to make possible the appoint-
ment of a commissioned officer of the Armed Forces as Deputy Director
"without the officer concerned having to relinquish his commission and
cease being a military off .cer" (Congressional Record, March 18, 1953,
p. 2072). And finally, it was believed the establishment of the office
by statute, with the incumbent to be appointed by the President by and
with the advice and consen': of the Senate, would do much to enhance the
standing, authority and effic ency of the Agency. Accordingly, an appropriate
amendment to the National Security Act was sought, and enacted on April 4,
1953 (67 Stat. 19, P.L. 83-15). The new act also amended subsections 102(a)
and (b) to establish the o:ifice of Deputy Director, to direct the Deputy
Director to "act, and exercis., the powers of, the Director during his absence
or disability," and to cause the remainder of these subsections to apply also
with respect to the office of Deputy Director. See also Footnote 15.
A decision of the Comptroller General in 1962 affirmed the authority of the
Deputy Director to perform the duties of the Director. "Our view is that it
is inherent in the statutory position of the Deputy Director that the holder
will assist the Director in the performance of his duties, including those vested
by law in the Director." See 41 Comp. Gen. 429, January 2, 1962, also
reprinted at page 195 of PART VIII. See also the action of the Director
delegating to the Deputy Director "all authorities vested in me by law or
by virtue of my position as Director of Central Intelligence and head of the
Central Intelligence Agency, . . . except for any authorities the delegation of
which is prohibited by law" (Footnote 47, PART II).
An amendment of July 2, 1958 (67 Stat. 136, P.L. 83-102, 5 U.S.C.A. 6301),
to the Annual and Sick Leav; Act of 1951 (65 Stat. 679, P.L. 82-233, October
30, 1951, 5 U.S.C.A. 6301 Et seq.) exempts from the Act any officer in the
executive branch of the government "who is appointed by the President and
whose rate of basic pay exceeds the highest rate payable" under the General
Schedule established by the Classification Act of 1949 (5 U.S.C.A. 5101 et
seq.). The amendment also authorizes the President to exempt officials from
the provisions of the Act. The premise of the amendment is that the duties
and responsibilities of certain officials are so important that "such officials
never completely divest, themselves of their responsibilities even during periods
of vacation or illness" (Sen. Rep. No. 83-294, May 19, 1963, p. 1). President
Eisenhower, by Executive Oder 10540 (3 C.F.R. 1954-1958 Comp., p. 196,
June 29, 1954), designated certain officials as exempt from the Act, including
the Deputy Director. The President's action thus served to recognize and
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(Footnote 12-Continued)
confirm the importance of the duties of the Deputy Director. Since the rate
of basic pay of the Deputy Director now exceeds the highest rate payable
under the General Schedule and the Deputy Director is appointed by the
President, the Deputy Director is exempt from the terms of the Annual and
Sick Leave Act and the Executive Order no longer has effect as to the holder
of that office.
"The following inen have been appointed Director of Central Intelligence
.r under the authority of the Act, and served in that capacity for the periods
indicated:
Rear Admiral Roscoe Henry Hillenkoetter, USN
September 26, 1947-October 7, 1950
Lieutenant General (later General) Walter Bedell Smith, USA
October 7, 1950-February 9, 1953
Allen Welsh Dulles
February 26, 1953-November 29, 1961
John Alex McCone
November 29, 1961-April 28, 1965
Vice Admiral William Francis Raborn, Jr., USN (Retired)
April 28, 1965-June 30, 1966
Richard Helms
June 30, 1966-
Admiral Hillenkoetter took office on September 26, 1947, under a recess
appointment. He was nominated by the President on November 24 and con-
firmed by the Senate on December 8, 1947. Admiral Hillenkoetter also had
been appointed Director of Central Intelligence, and had served in that capacity
from May 1, 1947, to September 26, 1947, under the authority of the Presi-
dent's Directive of January 22, 1946, which had established that Office as
well as the National Intelligence Authority and the Central Intelligence Group.
See the text of that Directive at Footnote 22. Mr. Dulles also served as Acting
Director from February 9 to February 26 in 1953.
" The following men have been appointed Deputy Director of Central Intel-
ligence under the authority of section 102(a) of the Act, as amended, and
served in that capacity for the periods indicated:
Lieutenant General (later General) Charles Pearre
April 23, 1953-January 31, 1962
Lieutenant General Marshall Sylvester
April 3, 1962-April 28, 1965
Richard Helms
April 28, 1965-June 30, 1966
Vice Admiral Rufus Lackland Taylor, USN
October 13, 1966-January 31, 1969
Lieutenant General Robert Everton Cushman, Jr., USMC
May 7, 1969-
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(Footnote 14-Continued)
Also appointed and serving as Deputy Director under the Act during the period
when that office was not a position established by statute (September 18, 1947;
to April 4, 1953) were:
Brigadier General Edwin Kennedy Wright, USA
September 26, 1947-March 9, 1949
William Harding Jackson
October 7, 1950-August 3, 1951
Allen Welsh Dulles
August 23, 1951-February 28, 1953.
16 The 1947 Act, which did not include the current language establishing the
position of Deputy Director (see Footnote 12), did include the language that
the Director could be appointed "from among the commissioned officers of the
armed services or from among individuals in civilian life." The proviso in
section 102(a) was added by the House Committee on Armed Services to the
legislation which in 1953 amended the 1947 Act (P.L. 83-15, Footnote 12).
The Committee, "in its amendment to the bill, precludes the possibility of mili-
tary officers simultaneously occupying the positions of Director and Deputy
Director. The committee feels that at all times either the Director or the
Deputy Director should be a -:ivilian and that at no time should it be possible
for both offices to be occupied by military personnel" (H.R. Rep. No. 83-219,
March 30, 1953). Congressm~ n Short supported the principle, noting that "it
carries out the traditional cone pt of civilian control in all phases of our military
structure" (Congressional Record, April 1, 1953, p. 2646). But it was desirable,
the Congressman stated, to permit the appointment of a commissioned officer
as Director or Deputy Directcr.
It is felt that this Agency working so closely with the Armed Forces,
should have one military man in a high position in the Agency. The
collection and dissemination of information dealing with our national
security must of necessity involve the Armed Forces (Congresssional
Record, April 1, 1953, p. 2645).
As noted in Footnote 12, the 1953 amendment concerning the Deputy Director
was accomplished by language which caused other provisions of subsections
102(a) and (b) to apply wi?h respect to the office of Deputy Director, as
well as that of Director. Thus, the authority to appoint "from among the com-
missioned officers of the armed services or from among individuals in civilian
life," applies with respect to either office.
10 The 1947 Act set the pay of the Director at $14,000 per year and, if he
was a commissioned officer of the Armed Forces, he was to be paid from Agency
funds "compensation at a rate equal to the amount by which $14,000 exceeds
the amount of his annual military pay and allowances." The rate of basic com-
pensation of the Director was raised to $16,000 per annum, and that of the
Deputy Director of Central Intelligence (which was not then a statutory
office) set at $14,000 per annum, by sections 4 and 6 of P.L. 81-359 (63 Stat.
880, October 15, 1949), a statute which established compensation rates for
cabinet and other senior posi:ions in the government. Compensation for the
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(Footnote 16-Continued)
M Deputy Director was increased to $14,800 by administrative action pursuant
to section 10 (now section 8) of the CIA Act and P.L. 82-375 (66 Stat. 101,
June 5, 1952), with retroactive effect to June 30, 1951. The provision that the
amount to be paid by CIA to a commissioned officer of the armed services ap-
rr pointed Director or Deputy Director is "the amount by which the compensation
established for such position exceeds the amount of his annual military pay and
allowances" was added by the amendment of April 4, 1953 (Footnote 12). A
1965 decision of the Comptroller General holds that because of the Dual Com-
so pensation Act (78 Stat. 484, P.L. 88-448, August 19, 1964) those provisions
of the National Security Act, as amended, "relating to the civilian compensa-
tion and retired pay of a retired commissioned officer who may be appointed
as Director of the Central Intelligence Agency no longer are in effect" (44
Comp. Gen. 708, May 12, 1965, summarized at page 199 of PART VIII).
Under the ruling, the Director, if he is a retired commissioned officer,
receives both the compensation of his civilian position and that portion of his
retired pay permitted by the Dual Compensation Act, namely, $2,000 "plus
r one-half of the remainder" of his retired pay. The ruling would apply also
with respect to the compensation of the Deputy Director if he is a retired
commissioned officer.
Compensation for the Director was raised to $21,000, and that of the Deputy
Director to $20,500, by sections 104 and 105 of the Federal Executive Pay
Act of 1956 (70 Stat. 736, P.L. 84-854, July 31, 1956). Sections 302 and
303 of the Federal Executive Salary Act of 1964 (78 Stat. 415, P.L. 88-426,
August 14, 1964; PART VI, p. 135.1) established the Federal Executive Salary
- Schedule, placed the office of the Director in Level II and that of the Deputy
Director in Level III thereof, and set the annual rates of basic compensation
for those Levels at $30,000 and $28,500, respectively. The latter was raised
to $29,500 by section 215 of the Federal Salary Act of 1967 (81 Stat. 624,
P.L. 90-206, December 16, 1967).
Section 225 of the Federal Salary Act of 1967 established the Commission
on Executive, Legislative, and Judicial Salaries to conduct "a review of the
rates of pay of" various senior positions in the government, including those
in Levels II and III, and to report to the President the results of its review
"together with its recommendations." The President, in turn, is required to
include "in the budget next submitted by him to the Congress after the date
of the submission of the report and recommendations of the Commission . . .
his recommendations with respect to the exact rates of pay which he deems
advisable" for those positions. The President, on January 15, 1969, recom-
mended for Levels II and III, $42,500 and $40,000, respectively, and Con-
gress took no contrary action. (Further in compliance with section 225, the
President's recommendations were published in 34 Fed. Reg. 2241 (February
12, 1969), 3 C.F.R., 1969 Comp., p. 217, and 83 Stat. 863.) The effective
date, in the case of the new pay rates of the Director and Deputy Director,
thus was March 1, 1969.
Under section 225, Executive Schedule pay rates are to be established
by this procedure every four years.
The statute establishing the Executive Schedule is codified at 5 U.S.C.A.
5311-5317. The provisions establishing the Commission and the procedures
aw for setting executive pay rates are codified at 2 U.S.C.A. 351-361.
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'Subparagraph (3) was first enacted by P.L. 83-15 (Footnote 12). The
purpose of the subparagraph vas explained by Senator Saltonstall. Because of
the requirements of existing law (see 10 U.S.C.A. 3202, 5231, 8202) and
limitations imposed by the Committee on Armed Services, there is a rather
rigid restriction on the total number of general and flag officers that the military
services are allowed to have on active duty. The committee therefore amended
the bill to allow the armed , ervice furnishing a Deputy Director of Central
Intelligence one additional officer so long as a commissioned officer from that
branch of service is serving as Deputy Director (Congressional Record, March
18, 1953, p. 2072).
'Section 7501 of Title 5 prohibits. the removal or suspension of any in-
dividual in the competitive se:-vice except "for such cause as will promote the
efficiency of the service," ar d prescribes procedures for removals. Sections
2102 and 2101 of Title 5 define the "competitive service" to include all
appointive positions in the executive branch except "positions which are
specifically excepted from the competitive service by or under statute." Since
CIA employees are appointed under the authority of section 8(a) of the
CIA Act, which authorizes expenditures for personal services notwithstanding
"any other provisions of law," CIA positions are excluded from the competitive
civil service. Enactment of the CIA Act in 1949, subsequent to the enactment
of the National Security Act ii 1947, thus obsolesced the reference to section
7501.
19 Kochan v. Dulles
The authority of the Director to terminate an employee under this sub-
section was challenged by a former employee in a suit in 1959 in the United
States District Court for the District of Columbia, in which he sought rein-
statement and back pay. The Court (Judge Holtzoff) granted the Govern-
ment's motion for summary judgment, holding that subsection 102(c) "con-
stitutes complete authority fcr the action taken against the plaintiff" and
that the Director had "plena y power to discharge any employee at will."
The Court also stated "the Director had a right to discharge this man for
any reason, or no reason at all." And the Court noted that although the Director
in this case explained why the plaintiff was discharged, "the law does not
require him to do so." Kochan v. Dulles, Civ. Act. No. 2728-58, May 20, 1959
(unpublished). The ruling wa:: not appealed.
Torpats v. Dulles
In 1961 the Director's auth 3rity under this subsection again was judicially
challenged by another terminated employee, also in the United States District
Court for the District of Columbia, he also seeking to be restored to his former
position. Again the Court, without issuing an opinion, granted summary judg-
ment for the defendant. Torpats v. Dulles, Civ. Act. No. 1111:61, July 27,
1961. On appeal the United States Court of Appeals for the District of
Columbia noted "that the statute vests in the Director of the Central Intelli-
gence Agency a broad discrel ion to terminate employees in the interest of
the United States, but it is i o be distinguished from a so-called `security'
discharge such as was involved in Service v. Dulles, 354 U.S. 363 (1957),
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(Footnote 19-Continued)
and related cases." The Court held "that the Director acted within the
authority conferred upon him by Congress and in accordance with his
own regulations." Plaintiff's petition for rehearing was denied. Tarpats v.
McCone, 300 F. 2d 914, March 23, 1962, April 11, 1962. The Supreme Court
declined to accept an appeal. Torpats v. McCone, 371 U.S. 886, November 5,
1962.
Rhodes v. United States
The Director's authority again was tested in a 1962 case, this time in the
United States Court of Claims. The terminated employee, after an unsuccessful
appeal to the Civil Service Commission, sought damages for an alleged wrong-
ful termination, contending that he was terminated in violation of the Veterans'
Preference Act, the regulations of the Civil Service Commission and those of
the Central Intelligence Agency. The Court indicated that cross motions for
summary judgment presented two questions: (1) whether the Director had
discretion to terminate plaintiff's employment with the Agency when the Di-
rector deemed such termination either necessary or advisable in the interests
of the United States, and (2) whether the Agency violated its own regula-
tions in terminating plaintiff's employment. From the decision of the Court,
it also appears the plaintiff was contending that the action of the Commission
was arbitrary and capricious. In granting motion for summary judgment for
the defendant, the Court held that clearly the statute and implementing regula-
tion "gave the Director of Central Intelligence Agency the absolute right to
terminate any employee whenever he deemed it necessary or advisable." Fur-
ther, "we hold that no regulation of the Central Intelligence Agency was
violated when plaintiff's employment was terminated and, consequently, the
action of the Civil Service Commission could not be arbitrary, capricious or
contrary to law." Plaintiff's motion for reconsideration was denied. George S.
Rhodes v. United States, 156 Ct. Cl. 31, January 12, 1962, April 4, 1962. The
Supreme Court declined to accept an appeal. Rhodes v. United States, 371
U.S. 821, October 8, 1962.
20 Subsection (d) is the statutory authority for directives by the National
Security Council under which CIA collects, evaluates, correlates and dissemi-
nates foreign intelligence, and performs additional services of common concern,
and other functions and duties related to intelligence affecting the national
security.
The Atomic Energy Act of 1954 authorizes the Atomic Energy Commission
to protect certain information concerning atomic energy (Restricted Data) and
specifically authorizes the Commission to remove from the Restricted Data
category such information concerning the atomic energy programs of other
nations as the Commission and the Director jointly determine "to be necessary
to carry out the provisions of section 102(d) of the National Security Act of
1947, as amended, and can be adequately safeguarded as defense information."
See extracts from the Atomic Energy Act at page 121 of PART VI. This pro-
vision in the Atomic Energy Act is the only statute, other than section 102(d)
of the National Security Act, which confers joint authority on the Director of
Central Intelligence and another agency to carry out the provisions of section
102(d).
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"United States v. Jarvinen
The authority to exercise the responsibility established by this proviso was
at issue in a criminal case in the United States District Court for the Western
District, State of Washingto i, in 1952. One Jarvinen, a Seattle travel agent,
had been developed by the CIA office in Seattle as a source of foreign intel-
ligence information. On one occasion he reported to CIA representatives that
a Seattle lawyer had booked passage to Moscow and return for Professor
Owen Lattimore. The CIA representatives referred Jarvinen to the FBI office
in Seattle to whom he also reported the information. Subsequently, Jarvinen
advised CIA and FBI representatives that his report was a fabrication. He was
indicted for furnishing false information to government agencies (18 U.S.C.
1001). The Agency was concerned with the adverse effect that public identifica-
tion of the informant by CIA representatives would have on the develop-
ment and retention of intelligence sources. Accordingly, the Director instructed
the CIA officers not to testify on this point, and they of course complied. The
CIA General Counsel was permitted to make an appearance at the trial to
present the CIA position on this one issue. (Thus, the novel situation wherein
a United States Attorney is :attempting to compel testimony, and another gov-
ernment legal officer is urging to the contrary.) He argued that the Director
had authority under 102(d)(3) to direct the refusal to testify and to assert
executive privilege. The Court permitted the prosecution to continue to ques-
tion the witnesses and, whe;i the CIA representatives continued to refuse to
answer, ordered a separate hearing on the question of criminal contempt. In
that hearing, the Court again denied the claim of privilege and convicted the
two, on October 3, 1952. The Court relied heavily on the fact that the trial was
for a criminal offense, and felt that all testimony therefore must be heard to
insure a fair trial. It was, the Court held, a matter of having all pertinent testi-
mony aired, and not allowing the claim of privilege to be abused. The attorneys
involved-the Department o: Justice, CIA General Counsel, the local defense
counsel and Donovan, Leisure, Newton and Irvine (General William J.
Donovan's firm whose servi yes had been offered pro bona publico)-inde-
pendently concluded the fact situation was not a good one on which to appeal.
Since the intelligence source was hardly a secret one and since no classified
information was involved, an appeal, risking an adverse decision in terms
harmful to the exercise of tl,e Director's responsibility to protect sources and
methods in the future, was not warranted. Pardon was sought, and granted by
President Truman on December 16, 1952. Jarvinen, in the original case, was
acquitted. United States v. Jarvinen, No. 48547, October 1952 (unpublished).
Heine v. Raus
The reach of this proviso again was at issue in a case filed in 1964 in the
United States District Court for Maryland (Heine v. Raus, 261 F. Supp. 570,
December 8, 1966). The plaintiff contended he was slandered by a Central In-
telligence Agency employee who, pursuant to instructions, had warned "mem-
bers of the Estonian emigre groups that Eerik Heine was a dispatched Soviet
intelligence operative, a KGB agent." The defendant's motion for summary
judgment asserted the defense of absolute privilege on the ground that when he
made certain defamatory statements he was acting within the scope and course
of his employment by the Central Intelligence Agency on behalf of the United
States, and had been instructed by the Central Intelligence Agency to give
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(Footnote 21-Continued)
the warning concerning Heine. Additionally, the United States asserted its
privilege against disclosing state secrets. Summary judgment was entered for
the defendant. The Court concluded that an official who acts under the orders
of a superior official, which he has a duty to carry out, is absolutely exempt
from liability if the harm done by him is done solely in implicit obedience to
an order lawful upon its face. Further, the Court concluded the action com-
plained of was within the outer perimeter of the defendant's line of duty.
One "of the functions entrusted to the Central Intelligence Agency and its
Director is `protecting intelligence sources and methods from unauthorized
disclosure' " and it "is reasonable that emigre groups from nations behind the
Iron Curtain would be a valuable source of intelligence information as to
what goes on in their old homeland. . . . The court concludes that activities
of the Central Intelligence Agency to protect its foreign intelligence sources
located in the United States are within the power granted by Congress to
the CIA." Moreover, the "fact that the immediate intelligence source is
located in the United States does not make it an `internal-security' function"
within the limiting proviso of clause (3) of subsection 102(d). With respect
to the assertion of privilege by the government, the Court held that the proviso
of clause (3), together with section 6 of the Central Intelligence Agency Act,
as amended, and Executive Order 10501, as amended (which requires the pro-
tection of classified information), reinforce the well-established principle that
the government has and may assert a privilege against revealing state secrets
without thereby causing the facts at issue to be taken as established against
the government.
On appeal, the United States Court of Appeals, Fourth Circuit, in an opinion
by Chief Judge Haynsworth, affirmed "the right of the Central Intelligence
Agency in this case to invoke the governmental privilege against disclosure of
state secrets" as enunciated by the District Court. "The Court made sufficient
inquiry-some of it in camera-to assure that it had not been done lightly,
without pressing so far as to reveal the very state secrets the privilege is
intended to protect." With respect to the question of executive privilege, the
Court of Appeals generally upheld the District Court. "The CIA and its
Director are specifically charged with the duty and responsibility of protect-
ing sources of foreign intelligence and methods of collecting such intelligence
from unauthorized disclosure. That aliens within this country are sources of
r foreign intelligence, as claimed by the Director, has been recognized by the
Congress. If the Director determines that an alien's entry for permanent
residence in the United States is in the interest of national security or essential
to the Agency's intelligence mission, the entry of the alien and his family is
allowed though they would be otherwise inadmissible." (The Court here is
referring to section 7 of the CIA Act.) Noting a difference between the facts
in this case and those in a leading Supreme Court decision, the Court said,
"action here to protect the integrity of sources of foreign intelligence was ex-
plicitly directed by Congress." The Court concluded the absolute privilege is
available to Raus "if his instructions were issued with the approval of the Di-
rector or of a subordinate authorized by the Director, in the subordinate's dis-
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(Footnote 21-Continued)
sequently ratified and approved by such official." The Court of Appeals vacated
judgment and remanded to tae District Court for appropriate findings on that
point. "The inquiry should be directed to the identity of the official within the
Agency who authorized or approved the instructions to Raus. Disclosure of the
identity of the individual who dealt with Raus is not required; the answer
to be sought is whether or not the Director or a Deputy Director or a
subordinate official, having a ithority to do so, authorized, approved, or ratified
the instructions. If such disclosures are reasonably thought by the District
Judge, to violate the claimed privilege for state secrets, they may be made
in camera, to that extent."
One judge dissented. He agreed with Chief Judge Haynsworth's basis
for remand, but he thought the decision for summary judgment was addi-
tionally deficient. He would have the scope of Raus' duties be further de-
veloped before the District Court and he would not rely on the affidavits
submitted for Raus. He further wrote: "The National Security Act specifically
delegates to the Director, and not to the Agency, the statutory power relied on
by the CIA and the district judge to justify the defamatory statements, and
the affidavits do not sugges: that the Director personally instructed Raus to
defame Heine, nor is there any showing that the Director approved the def-
amation of Heine or properly delegated his responsibility to protect intelli-
gence sources." And finally, he distinguished the Heine case from a leading
recent Supreme Court decision in which absolute privilege on the part of a
government employee who had defamed two subordinate employees was
upheld. He thought the immunity conferred by that case "has no application
to a fact situation where d;famation is chosen by a government agency as
deliberate policy." Heine v. Raus, 399 F. 2d 785, July 22, 1968.
In the limited inquiry directed by the Fourth Circuit, the District Court
found that "the instructions to Raus were given by a subordinate official of
the Agency, authorized to do so, and acting in the course of his prescribed duties
and not by an unauthorized underling" and that Richard Helms, at that time
(December 1964) the Deputy Director of the Agency, "was authorized to and
did ratify and approve the action taken by the counterintelligence officer who
instructed Juri Raus to warn members of the Estonian emigre groups that Eerik
Heine was a Soviet intelligen-e operative, a KGB agent." (The Court concluded
that it was therefore "unnecossary to consider whether the reiterated approval
of the instructions by Helms as the present Director would be sufficient.")
Summary judgment was entered for the defendant. Heine v. Raus, 305 F. Supp.
816, November 3, 1969 (D. Md. ). The Fourth Circuit affirmed, holding that
,.the district court fairly resolved the question of authority and ratification left
open by our prior decision, Heine v. Raus, 399 F. 2d 785 (4th Cir. 1968).
Thereupon he entered summary judgment in accordance with the law of the
case." Heine v. Raus, 432 F. 2d 1007, October 30, 1970. The plaintiff petitioned
the Supreme Court to review the case, which the Court, on April 19, 1971,
declined (Justices Douglas and Stewart dissenting). Heine v. Raus, 28 L. Ed.
2d 658 (May 15, 1971).
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22 The Federal Register citation is to the President's Directive of January 22,
1946 (3 C.F.R., 1943-1948 Comp., p. 1080), establishing the National Intelli-
gence Authority and the Central Intelligence Group. That Directive, set out
below, has striking similarities with subsection 102(d):
PRESIDENTIAL DIRECTIVE OF
JANUARY 22, 1946
Coordination of Federal Foreign Intelligence Activities
The White House,
Washington, January 22, 1946.
To The Secretary of State, The Secretary of War, and The Secre-
tary of the Navy.
1. It is my desire, and I hereby direct, that all Federal foreign
intelligence activities be planned, developed and coordinated so as to
assure the most effective accomplishment of the intelligence mission
related to the national security. I hereby designate you, together with
another person to be named by me as my personal representative,
as the National Intelligence Authority to accomplish this purpose.
2. Within the limits of available appropriations, you shall each from
time to time assign persons and facilities from your respective De-
partments, which persons shall collectively form a Central Intelligence
Group and shall, under the direction of a Director of Central Intelli-
gence, assist the National Intelligence Authority. The Director of
Central Intelligence shall be designated by me, shall be responsible
to the National Intelligence Authority, and shall sit as a non-voting
member thereof.
3. Subject to the existing law, and to the direction and control of
the National Intelligence Authority, the Director of Central Intelli-
gence shall:
a. Accomplish the correlation and evaluation of intelligence re-
lating to the national security, and the appropriate dissemination
within the Government of the resulting strategic and national policy
intelligence. In so doing, full use shall be made of the staff and
facilities of the intelligence agencies of your Departments.
b. Plan for the coordination of such of the activities of the
intelligence agencies of your Departments as relate to the national se-
curity and recommend to the National Intelligence Authority the
establishment of such over-all policies and obje Lives as ,,411 ass
ure
the most effective accomplishment of the national intelligence mission.
c. Perform, for the benefit of said intelligence agencies, such
services of common concern as the National Intelligence Authority
determines can be more efficiently accomplished centrally.
d. Perform such other functions and duties related to intelligence
affecting the national security as the President and the National In-
telligence Authority may from time to time direct.
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(Footnote 22-Continued)
4. No police, law enforcement or internal security functions shall
be exercised under this directive.
5. Such intelligence received by the intelligence agencies of your
Departments as may be designated by the National Intelligence Au-
thority shall be freely c vailable to the Director of Central Intelligence
for correlation, evaluation or dissemination. To the extent approved
by the National Intelligence Authority, the operations of said intel-
ligence agencies shall be open to inspection by the Director of Central
Intelligence in conned ion with planning functions.
6. The existing intelligence agencies of your Departments shall con-
tinue to collect, evaluate, correlate and disseminate departmental in-
telligence.
7. The Director of Central Intelligence shall be advised by an In-
telligence Advisory Bom.rd consisting of the heads (or their representa-
tives) of the principal military and civilian intelligence agencies of
the Government havin: functions related to national security, as de-
termined by the National Intelligence Authority.
8. Within the scope of existing law and Presidential directives, other
departments and agencies of the executive branch of the Federal Gov-
ernment shall furnish such intelligence information relating to the
national security as is in their possession, and as the Director of Cen-
tral Intelligence may i-rom time to time request pursuant to regula-
tions of the National Intelligence Authority.
9. Nothing herein shall be construed to authorize the making of
investigations inside the continental limits of the United States and its
possessions, except as ;' )rovided by law and Presidential. directives.
10. In the conduct ~)f their activities the National Intelligence Au-
thority and the Director of Central Intelligence shall be responsible
for fully protecting intelligence sources and methods.
Sincerely yours.
12' The Central Intelligence Group was established by the Presidential Di-
rective of January 22, 1943 (Footnote 22). That Directive, it will be noted,
did not terminate the Office of Strategic Services. OSS was not in law a
predecessor organization oi` CIG, and thus not of CIA, notwithstanding that
its experience and concepts played a major role in the creation of CIA.
The legal existence of OSS was accomplished by a number of Presidential
orders. An Order by the Fresident of July 11, 1941,
established the positio i of Coordinator of Information, with authority
to collect and analyze all information and data, which may bear upon
national security; to correlate such information and data, and to make
such information and data available to the President and to such de-
partments and officials of the Government as the President may deter-
mine; and to carry out, when requested by the President, such sup-
plementary activities as may facilitate the securing of information
important for national security not now available to the Govern-
ment.
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(Footnote 22A-Continued)
The Order contained other provisions concerning the authority of the Co-
ordinator and the impact of such duties on the duties and responsibilities
"of the regular military and naval advisories of the President as Commander
in Chief of the Army and Navy." The Order designated William J. Donovan
as Coordinator.
By Executive Order 9182 of June 13, 1942, the Office of War Informa-
tion was established within the Office of Emergency Management in the
Executive Office of the President to which were transferred the powers and
rr+ duties of a number of other offices. Among those transferred were the "powers
and duties of the Coordinator of Information relating to the gathering of
public information and its dissemination abroad, including, but not limited
to, all powers and duties now assigned to the Foreign Information Service,
Outpost, Publications, and Pictorial Branches of the Coordinator of Informa-
tion." Also on June 13, 1942, a military order signed by Franklin D. Roosevelt
in his capacity as "Commander-in-Chief" revoked the Order of July 11, 1941,
designated the office of Coordinator of Information as the Office of Strategic
Services and transferred it to the jurisdiction of the joint Chiefs of Staff and
ordered as follows:
2. The Office of Strategic Services shall perform the following
duties:
UW a. Collect and analyze such strategic information as may be re-
quired by the United States Joint Chiefs of Staff.
b. Plan and operate such special services as may be directed by the
United States Joint Chiefs of Staff.
3. At the head of the Office of Strategic Services shall be a Di-
rector of Strategic Services who shall be appointed by the President
and who shall perform his duties under the direction and supervision
of the United States Joint Chiefs of Staff.
4. William J. Donovan is hereby appointed as Director of Strategic
Services.
By Executive Order 9312 of March 9, 1943, various duties concerning
foreign propaganda activities were assigned to the Office of War Information,
so the War and Navy Departments, the Joint Chiefs of Staff and military theater
commanders. "The military order of June 13, 1942, establishing the Office
of Strategic Services, is hereby modified to the extent necessary to make this
order effective."
The Office of Strategic Services was terminated as of October 1, 1945,
by Executive Order 9621 of September 20, 1945, and certain of its functions
transferred to the Department of State and the Secretary of State, and all
other functions of OSS transferred to the Department of War and the
it Secretary of War. "The Secretary of War shall, whenever he deems it com-
patible with the national interest, discontinue any activity transferred by
this paragraph and wind up all affairs relating thereto." 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 appro-
priate) the functions, personnel, records and property which have been or
will be transferred to the War Department and the Secretary of War under"
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 tP
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(Footnote 22A-Continued) 0,
Executive Order 9621. (The several orders mentioned in this Footnote are
found in 3 C.F.R., 1938-143 Comp., at pages 1324, 1169, 1308 and 1259
and 3 C.F.R., 1943-1948 Comp., at page 431, respectively.)
"As indicated at Footnote 13, the first Director appointed under subsection
102(a) took office as of September 26, 1947. Thus, the National Intelligence
Authority and the Central Intelligence Group ceased to exist as of that date
and personnel, property, records and funds thereupon transferred to CIA. CIA
was established as of September 18, 1947. See Footnote 32.
"Notwithstanding that he text of this section of the Code continues to
list the Secretary of Defe se, section 303 (a) of the National Security Act
was repealed, as to the Secretary of Defense, by section 53 of P.L. 84-1028
(70A Stat. 641, August 10, 1956). But that statute confers similar authority on
the Secretary (10 U.S.C.A. 173).
'Section 303(a) of the 1947 Act listed "the Chairman of the National
Security Resources Board." An amendment of 1954 substituted for that lan-
guage the "Director of the Office of Defense Mobilization" (68 Stat. 1226, P.L.
83-779, September 3, 1954). A series of reorganization plans and statutes, as
set out at Footnote 6, abolished the National Security Resources Board and
transferred its functions to the Office of Emergency Preparedness.
"The "National Security Council, acting through its Executive Secretary"
was added by the National Security Act Amendments of 1949 (Footnote 4).
'The subsections of Title 5, as listed above, have been renumbered by the
1966 codification of Title 5. See the Table of former and new sections of Title 5
at pp. XXI, XXII, XXIV and XXVII of 5 U.S.C.A. (1967).
" The listed subsections of "this title" are sections 2, 101, 102, 103, and
303 of the National Security Act.
"The Civil Service Commission by regulation, requires government em-
ployees, including "special government employees," to submit to their employ-
ing agency or department statements of employment and financial interests.
A "special government employee" is defined as an officer or employee of the
executive branch of the government "who is retained, designated, appointed
or employed to perform with or without compensation, but not to exceed
130 days during any period of 365 consecutive days, temporary duties either
on a full time or intermittent basis." At the request of CIA, the Commission
in April 1969 amended its regulation to exclude from that reporting require-
ment any "special government employee" who is a "specialist appointed for
intermittent confidential intelligence consultation of brief duration" (5 C.F.R.
735.412).
"The 1947 Act authorized compensation "not to exceed $35." The amount
was increased to "$50" by section 10 of the National Security Act Amend-
ments of 1949 (Footnote 4).
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el In the 1947 Act, the reference was to "section 109 or 113 of the Criminal
Code (U.S.C., 1940 edition, title 18, secs. 198 and 203), or section 19(e)
of the Contract Settlement Act of 1944." That language was replaced by the
current language by section 8 of P.L. 83-779 (Footnote 25).
Section 2 of P.L. 87-849 repealed sections 281 and 283 (except as they
may apply to retired officers of the Armed Forces of the United States) and
section 284 and "supplanted" them with sections 203, 205 and 207 (76 Stat.
1119, October 23, 1962). Section 203 of Title 18 prohibits graft. Sections 205
and 207 prohibit activities by government employees and former employees
inconsistent with their government employment duties.
52 The National Security Act was enacted July 26, 1947. James V. Forrestal
took office as the first Secretary of Defense on September 17, 1947. The
effective date of those provisions of the National Security Act of 1947 set
forth in the Guide (other than section 310) therefore was September 18,
1947, and the Central Intelligence Agency was established as of that date.
The National Military Establishment, the Office of Secretary of Defense
and the Department of the Air Force also were established by the National
Security Act, and the War Department was redesignated the "Department of
the Army." By the operation of section 310 these actions also were effective
September 18, 1947. The National Military Establishment was redesignated the
"Department of Defense," effective August 10, 1949, by the National Security
Act Amendments of 1949 (Footnote 4).
July 1971
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II
CIA
Act
1949
CENTRAL INTELLIGENCE AGENCY ACT OF 1949,
as amended
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CONTENTS-Central Intelligence Agency
Act of 1949, as amended
footnote
page
Sec. 1
Definitions ..............................
31
Sec. 2
Seal of Office ...........................
31
Executive Order 10111 ..................
4
40
Sec. 3
Procurement Authorities ..................
31
Sec. 4
Travel, Allowances, and Related Expenses . .
32
Sec. 5
General Authorities ......................
36
Richardson v. Sokol .................... 46
49
Sec. 6
Exemption from Publication of Organiza-
tion and Personnel I
37
Sec. 7
Admission of Aliens in Interest of National
Security or Intelligence Mission ..........
37
Heine v. Raus ......................... 40
48
Sec. 8
Appropriations ..........................
37
Richardson v. Sokol .................... 46
49
Sec. 9
Separability of Provisions ................
38
Sec. 10
Short Title ..............................
39
Footnotes .... ..................................
40
(page numbers reserved) .........................
52-60
1 The Act does not include a name for sections 6 and 7. The names used in
this table of contents arc descriptive of the contents of those sections.
September 1970
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949,
as amended
(63 Stat. 208, P.L. 81-110, June 20, 1949;'
64 Stat. 450, P.L. 81-697, August 16, 1950;
65 Stat. 89, P.L. 82-53, June 26, 1951;
68 Stat. 1105, P.L. 83-763, September 1, 1954;
72 Stat. 327, P.L. 85-507, July 7, 1958;
74 Stat. 792, P.L. 86-707, September 6, 1960;
78 Stat. 484, P.L. 88-448, August 19, 1964)
AN ACT
To provide for the administration of the Central Intelligence Agency,
established pursuant to section 102, National Security Act of 1947, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
DEFINITIONS
SECTION 1. When used in sections 403b-403j of this title,2 the
term-
(a) "Agency" means the Central Intelligence Agency;
(b) "Director" means the Director of Central Intelligence;
(c) "Government agency" means any executive department, com-
mission, 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.3
SEc. 2. 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,4 and judicial notice
shall be taken thereof.
PROCUREMENT AUTHORITIES
SEc. 3. (a) In the performance of its functions
Intelligence Agency is authorized to exercise the authorities con-
tained in sections [2(c)(1), (2), (3), (4), (5), (6), (10), (12),
(15), (17),5 and sections 3, 4, 5, 6, and 100 of the Armed Services
September 1970
50
U.S.C.A.
403a.
50
U.S.C.A.
403b.
50
U.S.C.A.
403c.
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50
U.S.C.A.
403e.
Procurement Act of 1947 (Public Law 413, Eightieth Congress,
second session) 1.7
(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 i: d) of this section, the Agency head is
authorized to delegate his powers provided in this section, in-
cluding the making of such determinations and decisions, in his
discretion and subject tD 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 [paragraphs (12) and (15) of section 2 (c) and
section 5 (a) of the Armec. Services Procurement Act of 1947] 10 shall
not be delegable. Each determination or decision required by [para-
graphs (12) and (15) of section 2 (c), by section 4 or by section 5 (a)
of the Armed Services Procurement Act of 1947],11 shall be based
upon written findings made by the official making such determina-
tions, which 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.
TRAVEL, ALLOWANCES, AND RELATED EXPENSES
SEC. 4.12 Under such regulations as the Director may prescribe,
the Agency, with respect to its officers and employees assigned to
duty stations 13 outside the several states of the United States of
America, excluding Alaska and Hawaii, but including the District of
Columbia,14 shall-
(1) (A) pay the travel Le expenses of officers and employees of
the Agency, including expenses incurred while traveling pursuant
to authorized 16 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-403j 17 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 suc-
cessive posts of duty and, on the termination of his services, to his
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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 packing and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects "I of an officer or employee of the Agency,
when he is absent from his post of assignment under orders, or
when he is assigned to a post to which he cannot take or at which
he is unable to use such furniture and household and personal
effects, or when it is in the public interest or more economical to
authorize storage; but in no instance shall the weight or volume of
the effects stored together with the weight or volume of the effects
transported exceed the maximum limitations fixed by regulations,1?
when not otherwise fixed by law;80
(E) pay the cost of packing and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Agency in
connection with assignment or transfer to a new post, from the date
of his departure from his last post or from the date of his departure
from his place of residence in the case of a new officer or employee
and for not to exceed three months after arrival at the new post,
or until the establishment of residence quarters, whichever shall be
shorter; and in connection with separation of an officer or employee
of the Agency, the cost of packing and unpacking, transporting to
and from a place of storage, and storing for a period not to exceed
three months, his furniture and household and personal effects; but
in no instance shall the weight or volume of the effects stored to-
gether with the weight or volume of the effects transported ex-
ceed the maximum limitations fixed by regulations,21 when not
otherwise fixed by law;22
(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 prev-
alence 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 per-
sonal effects, involving a change of permanent station, to the ap-
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propriation 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 -:ravel and transfer orders may have been
issued during the prior f: scal year.
(3) (A) Order to any of the several States of the United States of
America (including the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United States)
on leave of absence each officer or employee of the Agency who
was a resident of the United States (as described above) at time of
employment, upon com Dletion of two years' continuous service
abroad, or as soon as pcssible thereafter.23
(B) While in the Unii ed States (as described in paragraph (3)
(A) of this section) on lei.ve, the service of any officer or employee
shall be available for wo -k or duties in the Agency or elsewhere as
the Director may prescribe; and the time of such work or duty
shall not be counted as l ,ave.24
(C) Where an officer :)r employee on leave returns to the United
States (as described in paragraph (3) (A) of this section), leave of
absence granted shall be exclusive of the time actually and neces-
sarily occupied in going to and from the United States (as so
described) and such time as may be necessarily occupied in awaiting
transportation.25
(4) Notwithstanding the provisions of any other law, transport
for or on behalf of an officer or employee of the Agency, a privately
owned motor vehicle in any case in which it shall be determined
that water, rail, or air transportation of the motor vehicle is neces-
sary or expedient for all :)r any part of the distance between points
of origin and destination and pay the costs of such transportation.
Not more than one motor- vehicle of any officer or employee of the
Agency may be transported under authority of this paragraph during
any four-year period, except that, as a replacement for such motor
vehicle, one additional motor vehicle of any such officer or em-
ployee may be so transl orted during such period upon approval,
in advance, by the Director and upon a determination, in advance,
by the Director that such replacement is necessary for reasons
beyond the control of the officer or employee and is in the interest
of the Government. After the expiration of a period of four years
following the date of tr