Pub. L. 102-496, tit. VII, sec. 704
APPOINTMENT OF THE DIRECTOR AND DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.
SEC. 704. APPOINTMENT OF THE DIRECTOR AND DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.Section 102 of the National Security Act of 1947 (50 U.S.C. 403(a)) is amended— (1) by inserting “(1)” after “(a)”; (2) in the first sentence of subsection (a)— (A) by striking out “under the National Security Council”; and (B) by striking out “with a Director” and all that follows through “disability”; and (3) by striking out the second sentence of subsection (a) and subsections (b) through (f) and inserting in lieu thereof the following: “(2) There shall be a Director of Central Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall— “(A) serve as head of the United States intelligence community; “(B) act as the principal adviser to the President for intelligence matters related to the national security; and “(C) serve as head of the Central Intelligence Agency. “(b) To assist the Director of Central Intelligence in carrying out the Director’s responsibilities under this Act, there shall be a Deputy Director of Central Intelligence, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall act for, and exercise the powers of, the Director during the Director’s absence or disability. 106 STAT. 3190 “(c) (1) The Director or Deputy Director of Central Intelligence may be appointed from among the commissioned officers of the Armed Forces, or from civilian life, but at no time shall both positions be simultaneously occupied by commissioned officers of the Armed Forces, whether in an active or retired status. “(2) It is the sense of the Congress that under ordinary circumstances, it is desirable that either the Director or the Deputy Director be a commissioned officer of the Armed Forces or that either such appointee otherwise have, by training or experience, an appreciation of military intelligence activities and requirements. “(3) (A) A commissioned officer of the Armed Forces appointed pursuant to paragraph (2) or (3), while serving in such position— “(i) shall not be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of Defense; “(ii) shall not exercise, by reason of the officer’s status as a commissioned officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law; and “(iii) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of which such officer is a member. “(B) Except as provided in clause (i) or (ii) of paragraph (A), the appointment of a commissioned officer of the Armed Forces pursuant to paragraph (2) or (3) shall in no way affect the status, position, rank, or grade of such officer in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, position, rank, or grade. “(C) A commissioned officer of the Armed Forces appointed pursuant to subsection (a) or (b), while serving in such position, shall continue to receive military pay and allowances (including retired pay) payable to a commissioned officer of the officer’s grade and length of service for which the appropriate military department shall be reimbursed from funds available to the Director of Central Intelligence. “(d) The Office of the Director of Central Intelligence shall, for administrative purposes, be within the Central intelligence Agency.”.