50 U.S.C. § 3036 — Director of the Central Intelligence Agen-

Page 624 TITLE 50—WAR AND NATIONAL DEFENSE § 3035 (10) Provide oversight on behalf of, and make recommendations to, the Director of National Intelligence on the extent to which the activi- ties, program recommendations, and budget proposals made by elements of the intelligence community sufficiently address mission objec- tives, intelligence gaps, and unmet require- ments. (d) Mission management of members Members of the National Intelligence Manage- ment Council, under the direction of the Direc- tor of National Intelligence, shall serve as mis- sion managers to ensure integration among the elements of the intelligence community and across intelligence functions, disciplines, and activities for the purpose of achieving unity of effort and effect, including through the fol- lowing responsibilities: (1) Planning and programming efforts. (2) Budget and program execution oversight. (3) Engagement with elements of the intel- ligence community and with policymakers in other agencies. (4) Workforce competencies and training ac- tivities. (5) Development of capability requirements. (6) Development of governance fora, policies, and procedures. (e) Staff; availability (1) Staff The Director of National Intelligence shall make available to the National Intelligence Management Council such staff as may be nec- essary to assist the National Intelligence Man- agement Council in carrying out the respon- sibilities described in this section. (2) Availability Under the direction of the Director of Na- tional Intelligence, the National Intelligence Management Council shall make reasonable efforts to advise and consult with officers and employees of other departments or agencies, or components thereof, of the United States Government not otherwise associated with the intelligence community. (f) Support from elements of the intelligence community The heads of the elements of the intelligence community shall provide appropriate support to the National Intelligence Management Council, including with respect to intelligence activities, as required by the Director of National Intel- ligence. (July 26, 1947, ch. 343, title I, § 103M, as added Pub. L. 118–159, div. F, title LXIII, § 6307(a)(1), Dec. 23, 2024, 138 Stat. 2475.) § 3035. Central Intelligence Agency (a) Central Intelligence Agency There is a Central Intelligence Agency. (b) Function The function of the Central Intelligence Agen- cy is to assist the Director of the Central Intel- ligence Agency in carrying out the responsibil- ities specified in section 3036(c) of this title. (July 26, 1947, ch. 343, title I, § 104, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660.) Editorial Notes CODIFICATION Section was formerly classified to section 403–4 of this title prior to editorial reclassification and renum- bering as this section. PRIOR PROVISIONS A prior section 104 of act July 26, 1947, ch. 343, title I, as added Pub. L. 102–496, title VII, § 705(a)(3), Oct. 24, 1992, 106 Stat. 3192; amended Pub. L. 104–106, div. A, title XV, § 1502(f)(5), Feb. 10, 1996, 110 Stat. 510; Pub. L. 104–293, title VIII, § 807(b), Oct. 11, 1996, 110 Stat. 3480; Pub. L. 106–65, div. A, title X, § 1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 106–567, title I, § 105, Dec. 27, 2000, 114 Stat. 2834; Pub. L. 107–306, title III, §§ 321, 353(b)(1)(A), (4), Nov. 27, 2002, 116 Stat. 2391, 2402, related to authori- ties of Director of Central Intelligence, prior to repeal by Pub. L. 108–458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, effective not later than six months after Dec. 17, 2004, except as otherwise expressly pro- vided. See sections 3024 and 3036 of this title. Another prior section 104 of act July 26, 1947, was re- numbered section 108 and is classified to section 3043 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For Determination by President that section take ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. Executive Documents COMMUNICATION OF RESTRICTED DATA Authorization for the communication of Restricted Data by the Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, set out as a note under section 2162 of Title 42, The Public Health and Welfare. § 3036. Director of the Central Intelligence Agen- cy (a) Director of Central Intelligence Agency There is a Director of the Central Intelligence Agency who shall be appointed by the President, by and with the advice and consent of the Sen- ate. (b) Supervision The Director of the Central Intelligence Agen- cy shall report to the Director of National Intel- ligence regarding the activities of the Central Intelligence Agency. (c) Duties The Director of the Central Intelligence Agen- cy shall— (1) serve as the head of the Central Intel- ligence Agency; and (2) carry out the responsibilities specified in subsection (d). (d) Responsibilities The Director of the Central Intelligence Agen- cy shall— (1) collect intelligence through human sources and by other appropriate means, ex- Page 625 TITLE 50—WAR AND NATIONAL DEFENSE § 3036 cept that the Director of the Central Intel- ligence Agency shall have no police, subpoena, or law enforcement powers or internal secu- rity functions; (2) correlate and evaluate intelligence re- lated to the national security and provide ap- propriate dissemination of such intelligence; (3) provide overall direction for and coordi- nation of the collection of national intel- ligence outside the United States through human sources by elements of the intelligence community authorized to undertake such col- lection and, in coordination with other depart- ments, agencies, or elements of the United States Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that appropriate account is taken of the risks to the United States and those involved in such collection; and (4) perform such other functions and duties related to intelligence affecting the national security as the President or the Director of National Intelligence may direct. (e) Termination of employment of CIA employees (1) Notwithstanding the provisions of any other law, the Director of the Central Intel- ligence Agency may, in the discretion of the Di- rector, terminate the employment of any officer or employee of the Central Intelligence Agency whenever the Director deems the termination of employment of such officer or employee nec- essary or advisable in the interests of the United States. (2) Any termination of employment of an offi- cer or employee under paragraph (1) shall not af- fect the right of the officer or employee to seek or accept employment in any other department, agency, or element of the United States Govern- ment if declared eligible for such employment by the Office of Personnel Management. (f) Coordination with foreign governments Under the direction of the Director of Na- tional Intelligence and in a manner consistent with section 3927 of title 22, the Director of the Central Intelligence Agency shall coordinate the relationships between elements of the intel- ligence community and the intelligence or secu- rity services of foreign governments or inter- national organizations on all matters involving intelligence related to the national security or involving intelligence acquired through clandes- tine means. (July 26, 1947, ch. 343, title I, § 104A, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660; amended Pub. L. 108–487, title VI, § 611(a), Dec. 23, 2004, 118 Stat. 3954; Pub. L. 111–259, title VIII, § 804(4), Oct. 7, 2010, 124 Stat. 2747; Pub. L. 112–87, title IV, § 412(a), Jan. 3, 2012, 125 Stat. 1890; Pub. L. 116–92, div. E, title LXIV, § 6414(a), Dec. 20, 2019, 133 Stat. 2199.) Editorial Notes CODIFICATION Section was formerly classified to section 403–4a of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2019—Subsec. (g). Pub. L. 116–92 struck out subsec. (g) which related to foreign language proficiency require- ment for certain senior level positions in the Central Intelligence Agency. 2012—Subsec. (g)(1). Pub. L. 112–87, § 412(a)(1), inserted ‘‘in the Directorate of Intelligence career service or the National Clandestine Service career service’’ after ‘‘an individual’’ and ‘‘or promoted’’ after ‘‘appointed’’, sub- stituted ‘‘individual has been certified as having a pro- fessional speaking and reading proficiency in a foreign language, such proficiency being at least level 3 on the Interagency Language Roundtable Language Skills Level or commensurate proficiency level using such other indicator of proficiency as the Director of the Central Intelligence Agency considers appropriate.’’ for ‘‘individual—’’, and struck out subpars. (A) and (B) which related to required level of proficiency in a for- eign language and ability to effectively communicate and exercise influence in that language, respectively. Subsec. (g)(2). Pub. L. 112–87, § 412(a)(2), substituted ‘‘position, category of positions, or occupation’’ for ‘‘position or category of positions’’ in two places. 2010—Subsec. (g)(1). Pub. L. 111–259 substituted ‘‘Na- tional Clandestine Service’’ for ‘‘Directorate of Oper- ations’’ in introductory provisions. 2004—Subsec. (g). Pub. L. 108–487 added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–487, title VI, § 611(b), Dec. 23, 2004, 118 Stat. 3955, as amended by Pub. L. 112–87, title IV, § 412(b), Jan. 3, 2012, 125 Stat. 1890, provided that: ‘‘The amend- ment made by subsection (a) [amending this section] shall apply with respect to appointments or promotions made on or after the date of the enactment of this Act [Dec. 23, 2004].’’ EFFECTIVE DATE For Determination by President that section take ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. CREATING AN OFFICIAL RECORD OF THE OSAMA BIN LADEN OPERATION Pub. L. 112–87, title IV, § 414, Jan. 3, 2012, 125 Stat. 1891, provided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) On May 1, 2011, United States personnel killed terrorist leader Osama bin Laden during the course of a targeted strike against his secret compound in Abbottabad, Pakistan. ‘‘(2) Osama bin Laden was the leader of the al Qaeda terrorist organization, the most significant terrorism threat to the United States and the international community. ‘‘(3) Osama bin Laden was the architect of terrorist attacks which killed nearly 3,000 civilians on Sep- tember 11, 2001, the most deadly terrorist attack against our Nation, in which al Qaeda terrorists hi- jacked four airplanes and crashed them into the World Trade Center in New York City, the Pentagon in Washington, D.C., and, due to heroic efforts by ci- vilian passengers to disrupt the terrorists, near Shanksville, Pennsylvania. ‘‘(4) Osama bin Laden planned or supported numer- ous other deadly terrorist attacks against the United States and its allies, including the 1998 bombings of United States embassies in Kenya and Tanzania and the 2000 attack on the U.S.S. Cole in Yemen, and against innocent civilians in countries around the world, including the 2004 attack on commuter trains in Madrid, Spain and the 2005 bombings of the mass transit system in London, England. ‘‘(5) Following the September 11, 2001, terrorist at- tacks, the United States, under President George W. Page 626 TITLE 50—WAR AND NATIONAL DEFENSE § 3037 Bush, led an international coalition into Afghanistan to dismantle al Qaeda, deny them a safe haven in Af- ghanistan and ungoverned areas along the Pakistani border, and bring Osama bin Laden to justice. ‘‘(6) President Barack Obama in 2009 committed ad- ditional forces and resources to efforts in Afghani- stan and Pakistan as ‘the central front in our endur- ing struggle against terrorism and extremism’. ‘‘(7) The valiant members of the United States Armed Forces have courageously and vigorously pur- sued al Qaeda and its affiliates in Afghanistan and around the world. ‘‘(8) The anonymous, unsung heroes of the intel- ligence community have pursued al Qaeda and affili- ates in Afghanistan, Pakistan, and around the world with tremendous dedication, sacrifice, and profes- sionalism. ‘‘(9) The close collaboration between the Armed Forces and the intelligence community prompted the Director of National Intelligence, General James Clapper, to state, ‘Never have I seen a more remark- able example of focused integration, seamless col- laboration, and sheer professional magnificence as was demonstrated by the Intelligence Community in the ultimate demise of Osama bin Laden.’. ‘‘(10) While the death of Osama bin Laden rep- resents a significant blow to the al Qaeda organiza- tion and its affiliates and to terrorist organizations around the world, terrorism remains a critical threat to United States national security. ‘‘(11) President Obama said, ‘For over two decades, bin Laden has been al Qaeda’s leader and symbol, and has continued to plot attacks against our country and our friends and allies. The death of bin Laden marks the most significant achievement to date in our Nation’s effort to defeat al Qaeda.’. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) the raid that killed Osama bin Laden dem- onstrated the best of the intelligence community’s capabilities and teamwork; ‘‘(2) for years to come, Americans will look back at this event as a defining point in the history of the United States; ‘‘(3) it is vitally important that the United States memorialize all the events that led to the raid so that future generations will have an official record of the events that transpired before, during, and as a re- sult of the operation; and ‘‘(4) preserving this history now will allow the United States to have an accurate account of the events while those that participated in the events are still serving in the Government. ‘‘(c) REPORT ON THE OPERATION THAT KILLED OSAMA BIN LADEN.—Not later than 90 days after the comple- tion of the report being prepared by the Center for the Study of Intelligence that documents the history of and lessons learned from the raid that resulted in the death of Osama bin Laden, the Director of the Central Intelligence Agency shall submit such report to the congressional intelligence committees. ‘‘(d) PRESERVATION OF RECORDS.—The Director of the Central Intelligence Agency shall preserve any records, including intelligence information and assessments, used to generate the report described in subsection (c).’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 414 of Pub. L. 112–87, set out above, see section 2 of Pub. L. 112–87, set out as a note under section 3003 of this title.] ANNUAL REPORT ON FOREIGN COMPANIES INVOLVED IN THE PROLIFERATION OF WEAPONS OF MASS DESTRUC- TION THAT RAISE FUNDS IN THE UNITED STATES CAP- ITAL MARKETS Pub. L. 107–306, title VIII, § 827, Nov. 27, 2002, 116 Stat. 2430, required Director of Central Intelligence to sub- mit annual report on foreign companies involved in the proliferation of weapons of mass destruction that raised or attempted to raise funds in the United States capital markets, prior to repeal by Pub. L. 108–177, title III, § 361(e), Dec. 13, 2003, 117 Stat. 2625. Executive Documents EXECUTIVE ORDER NO. 13355 Ex. Ord. No. 13355, Aug. 27, 2004, 69 F.R. 53593, which related to strengthened management of the Intel- ligence Community, was revoked by Ex. Ord. No. 12333, § 3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, § 4(j), July 30, 2008, 73 F.R. 45341, set out as a note under section 3001 of this title. § 3037. Deputy Director of the Central Intel- ligence Agency (a) Deputy Director of the Central Intelligence Agency There is a Deputy Director of the Central In- telligence Agency who shall be appointed by the President. (b) Duties The Deputy Director of the Central Intel- ligence Agency shall— (1) assist the Director of the Central Intel- ligence Agency in carrying out the duties and responsibilities of the Director of the Central Intelligence Agency; and (2) during the absence or disability of the Di- rector of the Central Intelligence Agency, or during a vacancy in the position of Director of the Central Intelligence Agency, act for and exercise the powers of the Director of the Cen- tral Intelligence Agency. (July 26, 1947, ch. 343, title I, § 104B, as added Pub. L. 111–259, title IV, § 423(a), Oct. 7, 2010, 124 Stat. 2727.) Editorial Notes CODIFICATION Section was formerly classified to section 403–4c of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 111–259, title IV, § 423(c), Oct. 7, 2010, 124 Stat. 2728, provided that: ‘‘The amendments made by this section [enacting this section and amending section 5314 of Title 5, Government Organization and Employ- ees] shall apply on the earlier of— ‘‘(1) the date of the appointment by the President of an individual to serve as Deputy Director of the Cen- tral Intelligence Agency pursuant to section 104B of the National Security Act of 1947 [50 U.S.C. 3037], as added by subsection (a), except that the individual administratively performing the duties of the Deputy Director of the Central Intelligence Agency as of the date of the enactment of this Act [Oct. 7, 2010] may continue to perform such duties until the individual appointed to the position of Deputy Director of the Central Intelligence Agency assumes the duties of such position; or ‘‘(2) the date of the cessation of the performance of the duties of the Deputy Director of the Central In- telligence Agency by the individual administratively performing such duties as of the date of the enact- ment of this Act.’’