Department of Defense [National Military Establishment] Deputy Secretary of Defense; Assistant Secretaries of Defense Title IV-Promotion of Economy and Efficiency through Establishment of Uniform Budgetary and Fiscal Procedures and Organizations [new; Title IV added to National Security Act] Comptroller of Department of Defense Sec. 410. Reports of Property Sec. 411. Repealing and Saving Provisions Declaration of Policy Sec. 2. 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 three military departments, separately administered, for the operation and administration of the Army, the Navy (including naval aviation and the United States Marine Corps), and the Air Force, with their assigned combat and service components; to provide for their authoritative coordination and unified direction under civilian control of the Secretary of Defense but not to merge them; to provide for the effective strategic direction of the armed forces and for their operation under unified control 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 armed forces general staff (but this is not to be interpreted as applying to the Joint Chiefs of Staff or Joint Staff). TITLE I-COORDINATION FOR NATIONAL SECURITY National Security Council Sec. 101. (a) There is hereby 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 (1) the President; (2) the Vice President; (3) the Secretary of State; (4) the Secretary of Defense [appointed under section 202; the Secretary of the Army, referred to in section 205; the Secretary of the Navy; the Secretary of the Air Force, appointed under section 207]; (5) the Chairman of the National Security Resources Board [appointed under section 103]; and (6) [such of the following named officers as the President may designate from time to time] the Secretaries and Under Secretaries of other [the] executive departments and of the military departments, the Chairman of the Munitions Board [appointed under section 213,] and the Chairman of the Research and Development Board [appointed under section 214], when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure, [but no such additional member shall be designated until the advice and consent of the Senate has been given to his appointment to the office the holding of which authorizes his designation as a member of the Council]. (b) 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 (1) to assess and appraise the objectives, commitments, and risks of the United States in relation to our actual and potential military power, in the interest of national security, for the purpose of making recommendations to the President in connection therewith; and (2) to consider policies on matters of common interest to the departments and agencies of the Government concerned with the national security, and to make recommendations to the President in connection therewith. (c) The Council shall have a staff to be headed by a civilian executive secretary who shall be appointed by the President, and who shall receive compensation at the rate of $10,000 a year. The executive secretary, subject to the direction of the Council, is hereby authorized, subject to the civil-service laws and the Classification Act of 1923, as amended, 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. (d) 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. Central Intelligence Agency [No changes were made in section 102 by Public Law 216, 81st Congress] National Security Resources Board [No changes were made in section 103 by Public Law 216, 81st Congress] TITLE II-THE DEPARTMENT OF DEFENSE [National Military Establishment] Sec. 201. (a) There is hereby established, as an Executive Department of the Government, the Department of Defense [the National Military Establishment], and the Secretary of Defense shall be the head thereof. (b) There shall be within the Department of Defense (1) the Department of the Army, the Department of the Navy, and the Department of the Air Force, and each such department shall on and after the date of enactment of the National Security Act Amendments of 1949 be military departments in lieu of their prior status as Executive Departments, and (2) all other agencies created under title II of this Act. [The National Military Establishment shall consist of the Department of the Army, the Department of the Navy, and the Department of the Air Force, together with all other agencies created under title II of this Act.] (c) Section 158 of the Revised Statutes, as amended, is amended to read as follows: Sec. 158. The provisions of this title shall apply to the following Executive Departments: First. The Department of State. Second. The Department of Defense. Third. The Department of the Treasury. Eighth. The Department of Commerce. (d) Except to the extent inconsistent with the provisions of this Act, the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense. The Secretary of Defense Sec. 202. (a) There shall be a Secretary of Defense, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. PROVIDED, That a person who has within ten years been on active duty as a commissioned officer in a Regular component of the armed services shall not be eligible for appointment as Secretary of Defense. (b) The Secretary of Defense shall be the principal assistant to the President in all matters relating to the Department of Defense [national security.] Under the direction of the President, and subject to the provisions of this Act, he shall have direction, authority, and control over the Department of Defense. [perform the following duties:] [(1) Establish general policies and programs for the National Military Establishment and for all of the departments and agencies therein;] [(2) Exercise general direction, authority, and control over such departments and agencies;] [(3) Take appropriate steps to eliminate unnecessary duplication or overlapping in the fields of procurement, supply, transportation, storage, health, and research;] [(4) Supervise and coordinate the preparation of the budget estimates of the departments and agencies comprising the National Military Establishment; formulate and determine the budget estimates for submittal to the Bureau of the Budget; and supervise the budget programs of such departments and agencies under the applicable appropriation Act:] (c) (1) Notwithstanding any other provision of this Act, the combatant functions assigned to the military services by sections 205 (e), 206 (b), 206 (c), and 208 (f) hereof shall not be transferred, reassigned, abolished, or consolidated. (2) Military personnel shall not be so detailed or assigned as to impair such combatant functions. (3) The Secretary of Defense shall not direct the use and expenditure of funds of the Department of Defense in such manner as to effect the results prohibited by paragraphs (1) and (2) of this subsection. (4) The Departments of the Army, Navy, and Air Force shall be separately administered by their respective Secretaries under the direction, authority, and control of the Secretary of Defense. [And provided further, That the Department of the Army, the Department of the Navy, and the Department of the Air Force shall be administered as individual executive departments by their respective Secretaries and all powers and duties relating to such departments not specifically conferred upon the Secretary of Defense by this Act shall be retained by each of their respective Secretaries.] (5) Subject to the provisions of paragraph (1) of this subsection no function which has been or is hereafter authorized by law to be performed by the Department of Defense shall be substantially transferred, reassigned, abolished or consolidated until after a report in regard to all pertinent details shall have been made by the Secretary of Defense to the Committees on Armed Services of the Congress. (6) No provision of this Act shall be so construed as to prevent a Secretary of a military department or a member of the Joint Chiefs of Staff from presenting to the Congress, on his own initiative, after first so informing the Secretary of Defense, any recommendation relating to the Department of Defense that he may deem proper. [Provided, That nothing herein contained shall prevent the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force from presenting to the President or to the Director of the Budget, after first so informing the Secretary of Defense, any report or recommendation relating to his department which he may deem necessary.] (d) The Secretary of Defense shall not less often than semiannually submit [annual] written reports to the President and the Congress covering expenditures, work, and accomplishments of the Department of Defense, [National Military Establishment] accompanied by [together with] (1) such recommendations as he shall deem appropriate; (2) separate reports from the military departments covering their expenditures, work, and accomplishments; and (3) itemized statements showing the savings of public funds and the eliminations of unnecessary duplications and overlappings that have been accomplished pursuant to the provisions of this Act. (e) The Secretary of Defense shall cause a seal of office to be made for the Department of Defense, [National Military Establishment] of such design as the President shall approve, and judicial notice shall be taken thereof. (f) The Secretary of Defense may, without being relieved of his responsibility therefor, and unless prohibited by some specific provision of this Act or other specific provision of law, perform any function vested in him through or with the aid of such officials or organizational entities of the Department of Defense as he may designate. Deputy Secretary of Defense; Assistant Secretaries of Defense; Military Assistants [to the Secretary] Sec. 203. (a) There shall be a Deputy Secretary of Defense, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate: PROVIDED, That a person who has within ten years been on active duty as a commissioned office in a Regular component of the armed services shall not be eligible for appointment as Deputy Secretary of Defense. The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe and shall take precedence in the Department of Defense next after the Secretary of Defense. The Deputy Secretary shall act for, and exercise the powers of, the Secretary of Defense during his absence or disability. (b) There shall be three Assistant Secretaries of Defense, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe and shall take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force. (c) Officers of the armed services may be detailed to duty as assistants |