U.S. Title 50—War and National Defense, Chapter 15—National Security contains, in one place, a collation of most of the law as it pertains to the Central Intelligence Agency. Most people who write about the CIA and who talk about the CIA—indeed, many who have served with the CIA—have never read this law. It is most significant that the legislation that pertains to war and national defense is the same legislation that includes all reference to the CIA. It is almost as if the bomb contained its own live fuse or the gun came with the trigger cocked for action. As we have seen, during the past twenty-five years the CIA has become the active agent that ignites the military establishment whenever that great mass becomes supercritical.
Fundamental to the whole concept and character of the CIA is the statement of the five powers and duties, which appears in Section 403 (d). This is a precise, clear, and unequivocal delineation of what Congress and the President wanted the Central Intelligence Agency to be. The language of the law has never been substantively altered; yet in practice the CIA and its Secret Team mentors have changed it beyond recognition. (This appendix includes all important material relevant to the CIA from the National Security Act.)
In enacting this legislation, it is the intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establishment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; to provide a Department of Defense, including the three military Departments of the Army, the Navy (including naval aviation and the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of Defense; to provide that each military department shall be separately organized under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense; to provide for their unified direction under civilian control of the Secretary of Defense, but not to merge these departments or services; to provide for the establishment of unified or specified combatant commands, and a clear and direct line of command to such commands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its overall direction and control in the Secretary of Defense; to provide more effective, efficient, and economical administration in the Department of Defense; to provide for the unified strategic direction of the combatant forces, for their operation under unified command, and for their integration into an efficient team of land, naval, and air forces but not to establish a single Chief of Staff over the armed forces nor an overall armed forces general staff. ( July 6, 1947, ch. 343, § 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, § 2, 63 Stat. 579; Aug. 6, 1958, Pub. L. 85–599, § 2, 72 Stat. 514)
There is established a council to be known as the National Security Council (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 military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security.
The Council shall be composed of—
In addition to performing such other functions as the President may direct, for the purpose of more effectively coordinating the policies and functions of the departments and agencies of the Government relating to the national security, it shall, subject to the direction of the President, be the duty of the Council—
The Council shall have a staff to be headed by a civilian executive secretary who shall be appointed by the President. The executive secretary, subject to the direction of the Council, is authorized, subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title %, to appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the Council in connection with the performance of its functions.
The Council shall, from time to time, make such recommendations, and such other reports to the President as it deems appropriate or as the President may require. ( July 6, 1947, ch. 343, title I, § 101, 61 Stat. 497; Aug. 10, 1949, ch. 412, § 3, 63 Stat. 579; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972; Oct. 10, 1951, ch. 479, title V, § 501 (e) (1), 65 Stat. 378.)
1949—Subsec. (a) Act Aug. 10, 1949, added the Vice President to the Council, removed the Secretaries of the military departments, to authorize the President to add, with the consent of the Senate, Secretaries and Under Secretaries of other executive departments, to authorize the President to add, with the consent of the Senate, Secretaries and Under Secretaries of other executive departments and of the military department, and the Chairmen of the Munitions Board and the Research and Development Board.
The National Security Council, together with its functions, records, property, personnel, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) were transferred to the Executive Office of the President by 1949 Reorg. Plan No. 4, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. 1067, set out in the Appendix to Title 5, Government Organization and Employees.
There is established under the National Security Council a Central Intelligence Agency with a Director of Central Intelligence who shall be the head thereof, and with a Deputy Director of Central Intelligence who shall act for, and exercise the powers of, the Director during his absence or disability. The Director and the Deputy Director shall be appointed by the President, by and with the advice and consent of the Senate, from among the commissioned officers of the armed services, whether in an active or retired status, or from among individuals in civilian life: Provided, however, That at no time shall the two positions of the Director and Deputy Director be occupied simultaneously by commissioned officers of the armed services, whether in active or retired status.
Notwithstanding the provisions of section 652 of Title 5, or the provisions of any other law, the Director of Central Intelligence may, in his discretion, terminate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States, but such termination shall not affect the right of such officer or employee to seek or accept employment in any other department or agency of the Government if declared eligible for such employment by the United States Civil Service Commission.
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—
To the extent recommended by the National Security Council and approved by the President, such intelligence of the departments and agencies of the Government, except as hereinafter provided, relating to the national security shall be open to the inspection of the Director of Central Intelligence, and such intelligence as relates to the national security and is possessed by such departments and other agencies of the Government, except as hereinafter provided, shall be made available to the Director of Central Intelligence for correlation, evaluation, and dissemination: Provided, however, That upon the written request of the Director of Central Intelligence, the Director of the Federal Bureau of Investigation shall make available to the Director of Central Intelligence such information for correlation, evaluation, and dissemination as may be essential to the national security.
Effective when the Director first appointed under subsection (a) of this section has taken office—
(July 26, 1947, ch. 343, title I, § 102, 61 Stat. 498; Apr. 4, 1953, ch. 16, 67 Stat. 20.)
EX. ORD. NO. 11460. PRESIDENTS FOREIGN INTELLIGENCE ADVISORY BOARD
Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, provided:
By virtue of the authority vested in me as President of the United States, it is ordered as follows:
SECTION 1. There is hereby established the Presidents Foreign Intelligence Advisory Board, hereinafter referred to as “the Board.” The Board shall:
SEC. 2. In order to facilitate performance of the Boards functions, the Director of Central Intelligence and the heads of all other departments and agencies shall make available to the Board all information with respect to foreign intelligence and related matters which the Board may require for the purpose of carrying out its responsibilities to the President in accordance with the terms of this Order. Such information made available to the Board shall be given all necessary security protection in accordance with the terms and provisions of applicable laws and regulations.
SEC. 3. Members of the Board shall be appointed by the President from among persons outside the Government, qualified on the basis of knowledge and experience in matters relating to the national defense and security, or possessing other knowledge and abilities which may be expected to contribute to the effective performance of the Boards duties. The members of the Board shall receive such compensation and allowances, consonant with law, as may be prescribed hereafter.
SEC. 4. The Board shall have a staff headed by an Executive Secretary, who shall be appointed by the President and shall receive such compensation and allowances, consonant with law, as may be prescribed by the Board. The Executive Secretary shall be authorized, subject to the approval of the Board and consonant with law, to appoint and fix the compensation of such personnel as may be necessary for performance of the Boards duties.
SEC. 5. Compensation and allowances of the Board, the Executive Secretary, and members of the staff, together with other expenses arising in connection with the work of the Board, shall be paid from the appropriation appearing under the heading “Special Projects” in the Executive Office Appropriation Act, 1969, Public Law 90–350, 82 Stat. 195, and, to the extent permitted by law, from any corresponding appropriation which may be made for subsequent years. Such payments shall be made without regard to the provisions of section 3681 of the Revised Statues and section 9 of the Act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 672 and 673)
SEC. 6. Executive Order No. 10938 of May 4, 1961, is hereby revoked.
Richard Nixon.
SHORT TITLE
Act June 20, 1949, § 10, formerly § 12, 63 Stat. 212, renumbered July 7, 1958, Pub. L. 85–507, § 21(b) (2), 72 Stat. 337, provided that Act June 20, 1949, which is classified to sections 403a–403j of this title, should be popularly known as the “Central Intelligence Agency Act of 1949.”
In the performance of its functions, the Central Intelligence Agency is authorized to—
REFERENCES IN TEXT
The act of June 30, 1932, as amended, referred to in subsec. (c), is the Legislative Branch Appropriation Act, 1933, act June 30, 1932, ch. 314, 47 Stat. 393, and is classified to section 303b of Title 40, Public Buildings, Property, and Works.
CODIFICATION
Section was not enacted as a part of the National Security Act of 1947 which comprises this chapter.
In the interests of the security of the foreign intelligence activities of the United States and in order further to implement the proviso of section 403 (d) (3) of this title that the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, the Agency shall be exempted from the provisions of section 654 of Title 5, and the provisions of any other law which require the publication or disclosure of the organization, functions, names, official titles, salaries, or numbers of personnel employed by the Agency: Provided, That in furtherance of this section, the Director of the Office of Management and Budget shall make no reports to the Congress in connection with the Agency under section 947(b) of Title 5. (June 20, 1949, ch. 227, § 6, formerly § 7, 63 Stat. 211, renumbered July 7, 1958, Pub. L. 85–507, § 21 (b) (2), 72 Stat. 337; 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.—.)
Whenever the Director, the Attorney General, and the Commissioner of Immigration shall determine that the entry of a particular alien into the United States for permanent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such alien and his immediate family shall be given entry into the United States for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility: Provided, That the number of aliens and members of their immediate families entering the United States under the authority of this section shall in no case exceed one hundred persons in any one fiscal year. ( June 20, 1949, ch. 227, § 7, formerly § 8, 63 Stat. 212, renumbered July 7, 1958, Pub. L. 85–507, § 21 (b) (2), 72 Stat. 337.)
CODIFICATION
Section was not enacted as a part of the National Security Act of 1947 which comprises this chapter.
REFERENCES IN TEXT
Sections 259 and 267 of Title 40, referred to in text, was repealed by Pub. L. 86–249, § 17 (12), Sept. 9, 1959, 73 Stat. 485. See chapter 12 of Title 40, Public Buildings, Property and Works.
CODIFICATION
Section was not enacted as a part of the National Security Act of 1947 which comprises this chapter.
No part of the funds appropriated in any act shall be used to pay (1) any person, firm, or corporation, or any combinations of persons, firms, or corporations, to conduct a study or to plan when and how or in what circumstances the Government of the United States should surrender this country and its people to any foreign power, (2) the salary or compensation of any employee or official of the Government of the united States who proposes or contracts or who has entered into contracts for the making of studies or plans for the surrender by the government of the United States of this country and its people to any foreign power in any event or under any circumstances. (Pub. L. 85–766, ch. XVI, § 1602, Aug. 27, 1958, 72 Stat. 884.)
CODIFICATION
Section was not enacted as part of the National Security Act of 1947, which comprises this chapter.