A. CENTRAL INTELLIGENCE AGENCY NATIONAL SECURITY ACT OF 1947 (Chapter 343; 61 Stat. 496; approved July 26, 1947) AN ACT To promote the national security by providing for a Secretary of Defense; for a National Military Establishment; for a Department of the Army, a Department of the Navy, and a Department of the Air Force; and for the coordination of the activities of the National Military Establishment with other departments and agencies of the Government concerned with the national security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE That [50 U.S.C. 401 note] this Act may be cited as the "National Security Act of 1947”. Sec. 2. Declaration of policy. Sec. 3. Definitions. 1 TABLE OF CONTENTS TITLE I-COORDINATION FOR NATIONAL SECURITY Sec. 101. National Security Council. Sec. 102. Office of the Director of Central Intelligence. Sec. 102A. Central Intelligence Agency. Sec. 103. Responsibilities of the Director of Central Intelligence. Sec. 104. Authorities of the Director of Central Intelligence. Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National Foreign Intelligence Program. Sec. 105A. Assistance to United States law enforcement agencies. Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources. Sec. 105C. Protection of the operational files of the National Imagery and Mapping Agency. Sec. 105D. Protection of operational files of the National Reconnaissance Office. Sec. 106. Appointment of officials responsible for intelligence-related activities. Sec. 107. National Security Resources Board. Sec. 108. Annual National Security Strategy Report. Sec. 104. Annual national security strategy report. 2 Sec. 109. Annual report on intelligence. Sec. 110. National mission of National Imagery and Mapping Agency. Sec. 111. Collection tasking authority. Sec. 112. Restrictions on intelligence sharing with the United Nations. Sec. 113. Detail of intelligence community personnel-intelligence community assignment program. Sec. 114. Additional annual reports from the Director of Central Intelligence. Sec. 114A. Annual report on improvement of financial statements for auditing purposes. Sec. 115. Limitation on establishment or operation of diplomatic intelligence support centers. Sec. 116. Travel on any common carrier for certain intelligence collection personnel. 1 Item editorially inserted. 2 This section was redesignated as section 108 by section 705(a)(2) of P.L. 102-496, but this entry in the table of contents was not repealed. Sec. 117. POW/MIA analytic capability. Sec. 118. Semiannual report on financial intelligence on terrorist assets. TITLE II-THE DEPARTMENT OF DEFENSE Sec. 201. Department of Defense. Sec. 202. Secretary of Defense. 1 1 Sec. 203. Military Assistants to the Secretary. 1 Sec. 205. Department of the Army. Sec. 207. Department of the Air Force. Sec. 208. United States Air Force. 1 Sec. 209. Effective date of transfers. 1 Sec. 210. War Council. 1 Sec. 211. Joint Chiefs of Staff. 1 Sec. 212. Joint Staff. 1 Sec. 213. Munitions Board. 1 Sec. 214. Research and Development Board. 1 TITLE III-MISCELLANEOUS Sec. 301. National Security Agency voluntary separation. Sec. 302. Under Secretaries and Assistant Secretaries. 1 Sec. 304. Status of transferred civilian personnel. 1 Sec. 305. Saving provisions.1 Sec. 306. Transfer of funds. 1 Sec. 307. Authorization for appropriations. Sec. 308. Definitions. Sec. 309. Separability. Sec. 310. Effective date. Sec. 311. Succession to the Presidency. Sec. 411. Repealing and saving provisions. 2 TITLE V-ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES Sec. 501. General congressional oversight provisions. Sec. 502. Reporting of intelligence activities other than covert actions. Sec. 503. Presidential approval and reporting of covert actions. Sec. 504. Funding of intelligence activities. Sec. 505. Notice to Congress of certain transfers of defense articles and defense services. Sec. 506. Specificity of National Foreign Intelligence Program budget amounts for counterterrorism, counterproliferation, counternarcotics, and counterintelligence. Sec. 507. Dates for submittal of various annual and semiannual reports to the congressional intelligence committees. TITLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION Sec. 601. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources. Sec. 602. Defenses and exceptions. Sec. 603. Report. Sec. 604. Extraterritorial jurisdiction. Sec. 605. Providing information to Congress. Sec. 606. Definitions. TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY Sec. 701. Exemption of certain operational files from search, review, publication, or disclosure. Sec. 702. Decennial review of exempted operational files. 1 Section repealed without amending table of contents. 2 Item editorially inserted. TITLE X-EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science and technology. TITLE XI-OTHER PROVISIONS Sec. 1101. Applicability to United States intelligence activities of Federal laws implementing international treaties and agreements. DECLARATION OF POLICY SEC. 2. [50 U.S.C. 401] 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. DEFINITIONS SEC. 3. [50 U.S.C. 401a] As used in this Act: (1) The term "intelligence" includes foreign intelligence and counterintelligence. (2) The term "foreign intelligence" means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. (3) The term "counterintelligence" means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. (4) The term "intelligence community" includes— (A) the Office of the Director of Central Intelligence, which shall include the Office of the Deputy Director of Central Intelligence, the National Intelligence Council (as provided for in section 105(b)(3)), and such other offices as the Director may designate; (B) the Central Intelligence Agency; (C) the National Security Agency; (E) the National Imagery and Mapping Agency (F) the National Reconnaissance Office; (G) other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs; (H) the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, the Department of the Treasury, the Department of Energy, and the Coast Guard; (I) the Bureau of Intelligence and Research of the Department of State; (J) the elements of the Department of Homeland Security concerned with the analyses of foreign intelligence information; and (K) such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of Central Intelligence and the head of the department or agency concerned, as an element of the intelligence community. (5) The terms "national intelligence" and "intelligence related to the national security" (A) each refer to intelligence which pertains to the interests of more than one department or agency of the Government; and (B) do not refer to counterintelligence or law enforcement activities conducted by the Federal Bureau of Investigation except to the extent provided for in procedures agreed to by the Director of Central Intelligence and the Attorney General, or otherwise as expressly provided for in this title. (6) The term "National Foreign Intelligence Program" refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of Central Intelligence and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces. (7) The term "congressional intelligence committees" means and (A) the Select Committee on Intelligence of the Senate; (B) the Permanent Select Committee on Intelligence of the House of Representatives. TITLE I-COORDINATION FOR NATIONAL SECURITY NATIONAL SECURITY COUNCIL SEC. 101. [50 U.S.C. 402] (a) There is hereby established a council to be known as the National Security Council (thereinafter 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 of1— (1) the President; (2) the Vice President; (3) the Secretary of State; (4) the Secretary of Defense; (5) the Director for Mutual Security; (6) the Chairman of the National Security Resources Board; and (7) The Secretaries and Under Secretaries of other executive departments and the military departments, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure. (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. The positions of Director for Mutual Security, Chairman of the National Security Resources Board, Chairman of the Munitions Board, and Chairman of the Research and Development Board have been abolished by various Reorganiztion Plans. The statutory members of the National Security Council are the President, Vice President, Secretary of State, and Secretary of Defense. |