A.  CENTRAL  INTELLIGENCE  AGENCY 
NATIONAL  SECURITY  ACT  OF  1947 
ACT  OF  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  Depart- 
ment of  the  Navy,  arid  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  "Nation- 
al Security  Act  of  1947". 
TABLE  OF  CONTENTS 
Sec    2.  Declaration  of  policy. 
Title  I — Coordination  tor  National  Security 
Sec.  10!.  National  Security  Council. 
Sec.  102.  Central  Intelligence  Agency. 
Sec.  103.  National  Security  Resources  Board. 
Title  II— The  Department  of  Defense 
Sec.  201.  Department  of  Defense. 
Sec.  202.  Secretary  of  Defense." 
Sec    203.  Military  Assistants  to  the  Secretary.* 
Civilian  personnel.* 
Department  of  the  Army. 
Department  of  the  Navy. 
Department  of  the  Air  Force. 
United  States  Air  Force.* 
Effective  date  of  transfers.* 
War  Council  * 
Joint  Chiefs  of  Staff.* 
Joint  Staff.* 
Munitions  Board.* 
Kesearch  and  Development  Board.* 
Title  III— Miscellaneous 
Sec  301    Compensation  of  Secretaries.' 
Sec  3()li    Under  Secretaries  and  Assistant  Secretaries.* 
Sec.  303    Advisory  committees  and  personnel. 
bee.  304.  SUitusof  transferred  civilian  personnel.* 
bee  30;i    SavinK  provisions.* 
Sec.  30G.  Transfer  of  funds.* 
Sec  :  )7    Authorization  for  appropriations 
Sec.  30H.  Definitions 
Sec.  309    Separabilitv 
Sec.  310.   Effective  date 
'Srction  rrpeult-d  without  amending  table  of  contents. 
(3) 
Sec. 204 
Sec 
20">. 
Sec. 
20«"i. 
Sec 
207. 
Sec. 20>v 
Sec. 20U. 
Sec. 210. 
Sec 
211. 
Sec. 212. 
Sec 
213. 
S.1- 
214.
Sec  311.  Succession  to  the  Presidency. 
Sec  411.  Repealing  and  saving  provisions." 
Title  V— Accountability  for  Intelligence  Activities 
Sec.  501.  Congressional  oversight. 
TrrLB  VI— Protection  of  Certain  National  Security  Information 
Sec.  601.  Protection  of  identities  of  certain  United  States  undercover  intelligence  of- 
ficers, 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. 
DECLARATION  OF  POLICY 
Sec  2  [50  U.S.C.  401 J  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  establish- 
ment 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  avi- 
ation and  the  United  States  Marine  Corps),  ana  the  Air  force 
under  the  direction,  authority,  and  control  of  the  Secretary  of  De- 
fense; to  provide  that  each  military  department  shad  be  separately 
organized  under  its  own  Secretary  and  shall  function  under  .he  di- 
rection, authority,  and  control  of  the  Secretary  of  Defense;  to  pro- 
vide for  their  unified  direction  under  civilian  control  of  the  becre- 
tary  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  com- 
mands; to  eliminate  unnecessary  duplication  in  the  Department  ot 
Defense,  and  particularly  in  the  field  of  research  and  engineering 
by  vesting  its  overall  direction  and  control  in  the  Secretary  ot  De- 
fense: to  provide  more  effective,  efficient,  and  economical  adminis- 
tration 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. 
TITLE  INCOORDINATION  FOR  NATIONAL  SECURITY 
NATIONAL  SECURITY  COUNCIL 
Sec.  101.  [50  U.S.C.  4022  (a)  There  is  hereby  established  a  coun- 
cil to  be  known  as  the  National  Security  Council  (hereinafter  in 
this  section  referred  to  as  the  "Council").  m     ,.  ^  nf 
The  President  of  the  United  States  shall  preside  over  meetings  ot 
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 
*  *  Item  editorially  insetted.
relating  to  the  national  security  so  as  to  enable  the  military  serv- 
ices and  the  other  departments  and  agencies  of  the  Government  to 
cooperate  more  effectively  in  matters  involving  the  national  secu- 
rity. 
The  Council  shall  be  composed  of  '  — 
(1)  the  President; 
(2)  the  Vice  President; 
(3)  the  Secretary  of  State; 
i4)  the  Secretary  of  Defense; 
v5)  the  Director  for  Mutual  Security; 
(6)  the  Chairman  of  the  National  Security  Resources  Beard; 
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 
Dt  veionment  Board,  when  appointed  by  the  President  by  and 
with  the  advice  and  consent  of  the  Senate,  to  serve  at   his 
pleasure.  . 
ib)'  In  addition  to  performing  such  other  functions  as  the  Presi- 
dent may  direct,  for  the  purpose  of  more  effectively  coordinating 
the  policies  and  functions  of  the  departments  and  agencies  of  tne 
Government  relating  to  the  national  security,  it  shall,  subject  to 
the  direction  of  the  President,  be  the  duty  of  the  Council— 
(l.i  to  assess  and  appraise  the  objectives,  commitments,  and 
risks  of  the  United  States  :i  relation  to  our  actual  and  poten- 
tial military  power,  in  the  interest  of  national  security,  for  the 
purpose  of  making  recommendations  to  the  President  in  con- 
nection 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. 
(d  The  Council  shall  have  a  staff  to  be  headed  by  a  civilian  ex- 
ecutive secretary  who  shall  be  appointed  by  the  President,  and  who 
shall  receive  compensation  at  the  rate  of  $10,000  a  year.2  The  ex- 
ecutive 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,3  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  positfons  of  Director  for  Mutual  Secuntv.  Chairman  of  the  National  Security  Resources 
Board.  Chairman  of  the  Munitions  Board,  anJ  Chairman  of  the  Research  and  Development 
Boexd  have  been  abolished  bv  various  Reorganization  Plans.  The  statutory  members  ol  the  >a- 
UonaJ  Security  Council  are  the  President,  Vice  President,  Secretary  of  State,  and  secretary  ot 
*  Tnt'specificaticn  of  the  salary  of  the  head  of  the  National  Security  Council  staff  is  obsolete 
and  has  been  superseded. 
»  The  Classification  Act  of  1923  was  repealed  by  the  Classification  Act  of  104±_ The  Cla-wlica- 
uonActof  1949  was  repealed  by  the  law  enacting  title  5,  United  States  Code  (Public  Law  r.<- 
S44  Sepc  6  1966.  80  Stat.  378).  and  its  provisions  were  codified  as  chapter  51  and  subchapter  ■>•< 
o(  Uile  ;>  Section  lib)  of  that  Act  (SO  Stat.  631)  provided:  "A  reference  to  a  law  replaced  by  sec- 
tions 1-6  of  this  Act,  including  a  reference  in  a  regulation,  order,  or  other  iaw,  is  deemed  to 
rrier  to  the  corresponding  provision  enacted  by  this  Act."'
(d)  The  Council  shall,  from  time  to  time,  make  such  recommenda- 
tions, and  such  other  reports  to  the  President  as  it  deems  appropri- 
ate or  as  the  President  may  require. 
CENTRAL  INTELLIGENCE  AGENCY 
Sec  102  [50  U.S.C.  403]  (a)  There  is  hereby  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  dis- 
ability. The  Director  and  the  Deputy  Director  shall  be  appointed  by 
the  President,  by  and  with  the  advice  and  consent  of  the  benate, 
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 
posh  ions  of  the  Director  and  Deputy  Director  be  occupied  simuita- 
neoudy  by  commissioned  officers  of  the  armed  services,  whether  in 
an  active  or  retired  status.  , 
(bXi)  If  a  commissioned  officer  of  the  armed  services  is  appointed 
as  Director,  or  Deputy  Director,  then— 
(A)  in  the  performance  of  his  duties  as  Director,  or  Deputy 
Director,  he  shall  be  subject  to  no  supervision,  control,  restric- 
tion, or  prohibition  (military  or  otherwise)  other  than  would  be 
operative  with  respect  to  him  if  he  were  a  Chilian  in  no  way 
connected  with  the  Department  of  the  Army,  the  Department 
of  the  Navy,  the  Department  of  the  Air  Force,  or  the  armed 
services  or  any  component  thereof;  and 
(B)  he  shall  not  possess  or  exercise  any  supervision,  control, 
powers,  or  functions  (other  than  such  as  he  possesses,  or  is  au- 
thorized or  directed  to  exercise,  as  Director,  or  Deputy  Direc- 
tor) with  respect  to  the  armed  services  or  any  component 
thereof,  the  Department  of  the  Army,  the  Department  ot  the 
Navy,  or  the  Department  of  the  Air  Force,  or  any  branch, 
bureau,  unit,  or  division  thereof,  or  with  respect  to  any  ot  the 
personnel  (military  or  civilian)  of  any  of  the  foregoing. 
(2)  Except  as  provided  in  paragraph  (1),  the  appointment  to  the 
office  of  Director,  or  Deputy  Director,  of  a  commissioned  officer  ot 
the  armed  services,  and  his  acceptance  of  and  service  in  such  oitice, 
shall  in  no  way  affect  any  status,  office,  ranK,  or  grade  he  may 
occupv  or  hold  in  the  armed  services,  or  any  emolument,  perqui- 
site right,  privilege,  or  benefit  incident  to  or  arising  out  of  any 
such  stet^office^rank,  or  grade.  Any  such  commissioned  officer 
shall,  while  serving  in  the  office  of  Director,  or  Deputy  Director, 
continue  to  hold  rank  and  grade  not  lower  than  that  in  J^cn  serv- 
ing at  the  time  of  his  appointment  and  to  receive  the  military  pay 
and  allowance  (active  or  retired,  as  the  case  may  be,  including ^ per- 
sonal money  allowance)  payable  to  a  commissioned  officer  of  his 
grade  and  length  of  service  for  which  the  appropriate  department 
shall  be  reimbursed  from  any  funds  available  to  defray  the  ex- 
penses of  the  Central  Intelligence  Agency.  He  also  shall  be  paid i  by 
the  Central  Intelligence  Agency  from  such  fund* l™™*™*™' 
pensation  at  a  rate  equal  to  the  amount  by  which  the  compensa-
tion  established  for  such  position  exceeds  the  amount  of  his  annual 
military  pay  and  allowances. 
(3)  The  rank  or  grade  of  any  such  commissioned  officer  shall, 
during  the  period  in  which  such  commissioned  officer  occupies  the 
office  of  Director  of  Central  Intelligence,  or  Deputy  Director  of  Cen- 
tral Intelligence,  be  in  addition  to  the  numbers  and  percentages 
otherwise  authorized  and  appropriated  for  the  armed  service  of 
which  he  is  a  member. 
(c)  Notwithstanding  the  provisions  of  section  6  of  the  Act  of 
August  24,  1912  (37  Stat.  555)/  or  the  provisions  of  any  other  law, 
the  Director  of  Central  Intelligence  may,  in  his  discretion,  termi- 
nate 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  em- 
ployment in  any  other  department  or  agency  of  the  Government  if 
declared  eligible  for  such  employment  by  the  United  States  Civil 
Service  Commission.5 
(d)  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 — 
(1)  to  advise  the  National  Security  Council  in  matters  con- 
cerning such  intelligence  activities  of  the  Government  depart- 
ments and  agencies  as  relate  to  national  security; 
(2)  to  make  recommendations  to  the  National  Security  Coun- 
cil for  the  coordination  of  such  intelligence  activities  of  the  de- 
partments and  agencies  of  the  Government  as  relate  to  the  na- 
tional security; 
(3)  to  correlate  and  evaluate  intelligence  relating  to  the  na- 
tional security,  and  provide  for  the  appropriate  dissemination 
of  such  intelligence  within  the  Government  using  where  appro- 
priate existing  agencies  and  facilites:  Provided,  That  the 
Agency  shall  have  no  police,  subpena,  law-enforcement  powers, 
or  internal-security  functions:  Provided  further,  That  the  de- 
partments and  other  agencies  of  the  Government  shall  contin- 
ue to  collect,  evaluate,  correlate,  and  disseminate  departmental 
intelligence:  And  provided  further,  That  the  Director  of  Cen- 
tral Intelligence  shall  be  responsible  for  protecting  intelligence 
sources  and  methods  from  unauthorized  disclosure; 
(4)  to  perform,  for  the  benefit  of  the  existing  intelligence 
agencies,  such  additional  services  of  common  concern  as  the 
National  Security  Council  determines  can  be  more  efficiently 
accomplished  centrally; 
(5)  to  perform  such  other  functions  and  duties  related  to  in- 
telligence affecting  the  national  security  as  the  National  Secu- 
rity Council  may  from  time  to  time  direct. 
*  The  cited  Act  cf  August  24.  1912,  was  repealed  by  the  law  enacting  title  5.  United  States 
Code  <Pubiic  Law  83-544,  Sept.  6.  1966,  80  Stat.  378).  The  provisions  of  section  6  of  that  Act  were 
codifsed  m  section  7501  of  title  5. 
*  The  functions  of  the  Civil  Service  Commission  were  transferred  to  the  Director  of  the  Office 
of  Personnel  Management  by  section  102  of  Reorganisation  Plan  No.  2  of  1978  (92  Stat  3783;  5 
USC.  1101  aoul
(e)  To  the  extent  recommended  by  the  National  Security  Council 
and  approved  by  the  President,  such  intelligence  of  the  depart- 
ments and  agencies  of  the  Government,  except  as  hereinafter  pro- 
vided, relating  to  the  national  security  shall  be  open  to  the  inspec- 
tion of  the  Director  of  Central  Intelligence,  and  such  intelligence  as 
relates  to  the  national  security  and  is  possessed  by  such  depart- 
ments and  other  agencies  of  the  Government,  except  as  hereinafter 
provided,  shall  be  made  available  to  the  Director  of  Central  Intelli- 
gence for  correlation,  evaluation,  and  dissemination:  Provided  how- 
ever, That  upon  the  written  request  of  the  Director  of  Central  Intel- 
ligence, the  Director  of  the  Federal  Bureau  of  Investigation  shall 
make  available  to  the  Director  of  Central  Intelligence  such  infor- 
mation for  correlation,  evaluation,  and  dissemination  as  may  be  es- 
sential to  the  national  security. 
(f)  Effective  when  the  Director  first  appointed  under  subsection 
(a)  has  taken  office — 
(1)  the  National  Intelligence  Authority  (11  Fed.  Reg.  1337, 
1339,  February  5,  1946)  shall  cease  to  exist;  and 
(2)  the  personnel,  property,  and  records  of  the  Central  Intel- 
ligence Group  are  transferred  to  the  Central  Intelligence 
Agency,  and  such  Group  shall  cease  to  exist.  Any  unexpended 
balances  of  appropriations,  allocations,  or  other  funds  available 
or  authorized  to  be  made  available  for  such  Group  shall  be 
available  and  shall  be  authorized  to  be  made  available  in  like 
manner  for  expenditure  by  the  Agency. 
NATIONAL  SECURITY  RESOURCES  BOARD  6 
Sec.  103.  £50  U.S.C.  4043  (a)  The  Director  of  the  Office  of  De- 
fense Mobilization,7  subject  to  the  direction  of  the  President,  is  au- 
thorized, subject  to  the  civil-service  laws  and  the  Classification  Act 
of  1949,8  to  appoint  and  fix  the  compensation  of  such  personnel  as 
may  be  necessary  to  assist  the  Director  in  carrying  out  his  func- 
tions. 
(b)  It  shall  be  the  function  of  the  Director  of  the  Office  of  Defense 
Mobilization  to  advise  the  President  concerning  the  coordination  of 
military,  industrial,  and  civilian  mobilization,  including — 
(1)  policies  concerning  industrial  and  civilian  mobilization  in 
order  to  assure  the  most  effective  mobilization  and  maximum 
utilization  of  the  N  .iion's  manpower  in  the  event  of  war; 
(2)  programs  for  the  effective  use  in  time  of  war  of  the  Na- 
tion's natural  and  industrial  resources  for  military  and  civilian 
needs,  for  the  maintenance  and  stabilization  of  the  civilian 
economy  in  time  of  war,  and  for  the  adjustment  of  such  econo- 
my to  war  needs  and  conditions; 
•  Section  103  deals  with  emergency  preparedness.  Section  50  of  the  Act  of  September  3,  1954 
(68  Stat  1244),  eliminated  former  subsection  (a),  relating  to  the  establishment  of  the  National 
Security  Resources  Board,  and  redesignated  former  subsections  (bHd)  as  subsections  (aHc).  The 
section  heading  was  not  arn^^ed  accordingly. 
1  The  functions  of  the  Director  of  the  Office  of  Defense  Mobilization  under  this  section,  which 
previously  were  transferred  to  the  President,  were  delegated  to  the  Director  of  the  Federal 
Emergency  Management  Agency  by  section  4-102  of  Executive  Order  To.  12148  ( July  20,  1979, 
44  F.R  43239.  50  U.S.C.  App.  225l  note). 
•The  Classification  Act  of  1949  was  repealed  by  the  law  enacting  title  5,  United  States  Code 
(Public  Law  89-544,  Sept.  6,  1966,  80  Stat  378),  and  its  provisions  were  codified  as  chapter  51 
and  subchapter  53  of  that  title.
(3)  policies  for  unifying,  in  time  of  war,  the  activities  of  Fed- 
eral agencies  and  departments  engaged  in  or  concerned  with 
production,  procurement,  distribution,  or  transportation  of  mil- 
itary or  civilian  supplies,  material-?,  and  products; 
(4)  the  relationship  between  potential  supplies  of,  and  poten- 
tial requirements  for,  manpower,  resources,  and  productive 
facilities  in  time  of  war; 
(5)  poiicies  for  establishing  adequate  reserves  of  strategic  and 
critical  material,  and  for  the  conservation  of  these  reserves; 
(6)  the  strategic  relocation  of  industries,  services,  govern- 
ment, and  economic  activities,  the  continuous  operation  of 
which  is  essential  to  the  Nation's  security. 
(c)  In  perrcrming  his  functions,  the  Director  of  the  Office  of  De- 
fense Mobilization  shall  utilize  to  the  maximum  extent  the  facili- 
ties and  resources  of  the  departments  and  agencies  of  the  Govern- 
ment. 
TITLE  II-THE  DEPARTMENT  OF  DEFENSE 
Sec.  201.  [Subsections  (.a)  and  (b)  were  repealed  by  section  307  of 
Public  Law  "87-651  (Act  of  September  7,  1962,  76  Stat.  526).  Subsec- 
tion (c)  consisted  of  an  amendment  to  another  Act.] 
(d)  £50  U.S.C.  4083  Except  to  the  extent  inconsistent  with  the 
provisions  of  this  Act,  the  provisions  of  title  IV  of  the  Revised  Stat- 
utes 3  as  now  or  hereafter  amended  shall  be  applicable  to  the  De- 
partment of  Defense. 
[Sections  202-204  were  repealed  by  section  307  of  Public  Law  87- 
651  (Act  of  September  7,  1962,  76  Stat.  526).] 
DEPARTMENT  OF  THE  ARMY 
Sec.  205.  [Subsections  (a),  (d),  and  (e)  were  repealed  by  the  law 
enacting  titles  10  and  32,  United  States  Code  (Act  of  August  10, 
1956,  70 A  Stat.  676;]. 
(b)  All  laws,  orders,  regulations,  and  other  actions  relating  to  the 
Department  of  War  or  to  any  officer  or  activity  whose  title  is 
changed  under  this  section  shall,  insofar  as  they  are  not  inconsist- 
ent with  the  provisions  of  this  Act,  be  deemed  to  relate  to  the  De- 
partment of  the  Army  within  the  Department  of  Defense  or  to  such 
officer  or  activity  designated  by  his  or  its  new  title. 
(c)  £50  U.S.C.  409(a)]  the  term  "Department  of  the  Army"  as 
used  in  this  Act  shall  be  construed  to  mean  the  Department  of  the 
Army  at  the  seat  of  government  and  ail  field  headquarters,  forces, 
reserve  components,  installations,  activities,  and  functions  under 
the  control  or  supervision  of  the  Department  of  the  Army. 
DEPARTMENT  OF  THE  NAVY 
Sec.  206.  (a)  £50  U.S.C.  409(b)]  The  term  "Department  of  the 
Navy"  as  used  in  this  Act  shall  be  construed  to  mean  the  Depart- 
ment of  the  Navy  at  the  seat  of  government;  the  headquarters, 
•Tule  IV  of  the  Revised  Statutes  consisted  of  sections  158-1S8  of  the  Revised  Statutes  Sec- 
tions 176  mod  293  are  codified  as  sections  492-1  and  492-2  of  title  31,  United  States  Code.  The 
remainder  of  those  sections  have  been  repealed  or  replaced  by  provisions  of  title  5,  United 
States  Code,  ss  enacted.  See  the  'Tables"  volume  of  the  United  States  Code  for  the  distribution 
of  specific  section*.
United  States  Marine  Corps;  the  entire  operating  forces  of  the 
United  States  Navy,  including  naval  aviation,  and  of  the  United 
States  Marine  Corps,  including  the  reserve  components  of  such 
forces;  all  field  activities,  headquarters,  forces,  bases,  installations, 
activities  and  functions  under  the  control  or  supervision  of  the  De- 
partment of  the  Navy;  and  the  United  States  Coast  Guard  when 
operating  as  a  part  of  the  Navy  pursuant  to  law. 
[Subsections  (b)  and  (c)  were  repealed  by  the  law  enacting  titles 
10  and  32,  United  States  Code  (Act  of  August  10,  1956,  70A  Stat. 
676)]. 
DEPARTMENT  OF  THE  AIR  FORCE 
Sec.  207.  [Subsections  (a),  (b),  (d),  (e),  and  (f)  were  repealed  by  the 
law  enacting  titles  10  and  32,  United  States  Code  (Act  of  August  10, 
1956,  70A  stat.  676)]. 
(c)  £50  U.S.C.  409(c)!  The  term  "Department  of  the  Air  Force" 
as  used  in  this  Act  shall  be  construed  to  mean  the  Department  of 
the  Air  Force  at  the  seat  of  government  and  ail  field  headquarters, 
forces,  reserve  components,  installations,  activities,  and  functions 
under  the  control  or  supervision  of  the  Department  of  the  Air 
Force. 
[Section  208  (less  subsection  (c))  was  repealed  by  the  law  enacting 
titles  10  and  32,  United  States  Code  (Act  of  August  10,  1956,  70A 
Stat.  676).  Section  208(c)  was  repealed  by  the  law  enacting  title  5, 
United  States  Code  (Public  Law  89-544,  September  6,  1966,  80  Stat. 
654).] 
[Sections  209-214  were  repealed  by  the  law  enacting  titles  10  and 
32,  United  States  Code  (Act  of  August  10,  1956,  70A  Stat.  676).] 
TITLE  m— MISCELLANEOUS 
[Section  301  was  repealed  by  the  law  enacting  title  5,  United 
States  Code  (Public  Law  89-544,  September  6,  1966,  80  Stat.  654).] 
[Section  302  was  repealed  by  the  law  enacting  titles  10  and  32, 
United  States  Code  (Act  of  August  10,  1956,  70A  Stat.  676).] 
ADVISORY  COMMITTEES  AND  PERSONNEL 
Sec.  303.  £50  U.S.C.  4053  (a)  The  Director  of  the  Office  of  De- 
fense Mobilization,  the  Director  of  Central  Intelligence,  and  the 
National  Security  Counsel,  acting  through  its  Executive  Secretary, 
are  authorized  to  appoint  such  advisory  committees  and  to  employ, 
consistent  with  other  provisions  of  this  Act,  such  part-time  adviso- 
ry personnel  as  they  may  deem  necessary  in  carrying  out  their  re- 
spective functions  and  the  functions  of  agencies  under  their  con- 
trol. Persons  holding  other  offices  or  positions  under  the  United 
States  for  which  they  receive  compensation,  while  serving  as  mem- 
bers of  such  committees,  shall  receive  no  additional  compensation 
for  such  service.  Other  members  of  such  committees  and  other 
part-time  advisory  personnel  so  employed  may  serve  without  com- 
pensation or  may  receive  compensation  at  a  daily  rate  not  to 
exceed  the  daily  equivalent  of  the  rate  of  pay  in  effect  for  grade 
GS-18  of  the  General  Schedule  established  by  section  5332  of  title 
5,  United  States  Code,  as  determined  by  the  appointing  authority.
(b)  Service  of  an  individual  as  a  member  of  any  such  advisory 
committee,  or  in  any  other  part-time  capacity  for  a  department  or 
agency  hereunder,  shall  not  be  considered  as  service  bringing^  such 
individual  within  the  provisions  of  section  203,  205,  or  207,  of  title 
18,  United  States  Code,  unless  the  act  of  such  individual,  which  by 
such  section  is  made  unlawful  when  performed  by  an  individual  re- 
ferred to  in  such  section,  is  with  respect  to  any  particular  matter 
which  directly  involves  a  department  or  agency  which  such  person 
is  advising  or' in  which  such  department  or  agency  is  directly  inter- 
[Sections  304-306  were  repealed  by  the  law  enacting  title  5, 
United  States  Code  (Public  Law  89-544,  September  6,  1966,  80  Stat. 
654).] 
AUTHORIZATION  FOR  APPROPRIATIONS 
Sec.  307.  £50  U.S.C.  41 1]  There  are  hereby  authorized  to  be  ap- 
propriated such  sums  as  may  be  necessary  and  appropriate  to  carry 
out  the  provisions  and  purposes  of  this  Act. 
DEFINITIONS 
Sec.  308.  £50  U.S.C.  4103  (a)  l0  As  used  in  this  Act,  the  term 
"function"  includes  functions,  powers,  and  duties. 
(b)  As  used  in  this  Act,  the  term,  "Department  of  Defense"  shaJl 
be  deemed  to  include  the  military  departments  of  the  Army,  the 
Navy,  and  the  Air  Force,  and  all  agencies  created  under  title  II  of 
this  Act. 
SEPARABILITY 
.Sec  309.  [50  U.S.C.  401  note!  If  any  provision  of  this  Act  or  the 
application  thereof  to  any  person  or  circumstances  is  held  invalid, 
the  validity  of  the  remainder  of  the  Act  and  of  the  application  of 
such  provision  to  other  persons  and  circumstances  shall  not  be  af- 
fected thereby. 
EFFECTIVE  DATE 
Sec  310.  £50  U.S.C.  401  note!  (a)  The  first  sentence  o.  section 
202  (a)  and  sections  1,  2,  307,  308,  309,  and  310  shall  take  effect  im- 
mediately upon  the  enactment  of  this  Act. 
(b)  Exept  as  provide  in  subsection  (a),  the  provisions  of  this  Act 
shaU  take  effect  on  whichever  of  the  following  days  is  the  earlier: 
The  day  after  the  day  upon  which  the  Secretary  of  Defense  first 
appointed  takes  office,  or  the  sixtieth  day  after  the  date  of  the  en- 
actment of  this  Act. 
SUCCESSION  TO  THE  PRESIDENCY 
Sec.  311.  [Section  311  consisted  of  an  amendment  to  the  Act  en- 
titled "An  Act  to  provide  for  the  performance  of  the  duties  of  the 
office  of  President  in  case  of  the  removal,  resignation,  death,  or  in- 
ability both  of  the  President  and  Vice  President".] 
••Secitoa  307  of  Public  Law  87-651  (Act  of  September  7,  1962,  76  Stat.  526)  repealed  section 
tSfe&t  Jcm  tu  applicability  to  sections  2,  101-103,  and  303.
[Title  IV  less  section  411  was  repeaded  by  section  30?  of  Public 
Law  87-651  (Act  of  September  7, 1962,  76  Stat.  526).] 
Repealing  and  Saving  Provisions 
Sec.  411.  £50  U.S.C.  412J  All  laws,  orders,  and  regulations  incon- 
sistent with  the  provisions  of  this  title  are  repealed  insofar  as  they 
are  inconsistent  with  the  powers,  duties,  and  responsibilities  en- 
acted hereby:  Provided,  That  the  powers,  duties,  and  responsibil- 
ities of  the  Secretary  of  Defense  under  this  title  shall  be  adminis- 
tered in  conformance  with  the  policy  and  requirements  for  admin- 
istration of  budgetary  and  fiscal  matters  in  the  Government  gener- 
ally, including  accounting  and  financial  reporting,  and  that  noth- 
ing in  this  title  shall  be  construed  as  eliminating  or  modifying  the 
powers,  duties,  and  responsibilities  of  any  other  department, 
agency,  or  officer  of  the  Government  in  connection  with  such  mat- 
ters, but  no  such  department,  agency,  or  officer  shall  exercise  any 
such  powers,  duties,  or  responsibilities  in  a  manner  that  will 
render  ineffective  the  provisions  of  this  title. 
TITLE  V— ACCOUNTABILITY  FOR  INTELLIGENCE 
ACTIVITIES11 
CONGRESSIONAL  OVERSIGHT 
Sec.  501.  £50  U.S.C.  4133  (a)  To  the  extent  consistent  with  all 
applicable  authorities  and  duties,  including  those  conferred  by  the 
Constitution  upon  the  executive  and  legislative  branches  of  the 
Government,  and  to  the  extent  consistent  with  due  regard  for  the 
protection  from  unauthorized  disclosure  of  classified  information 
and  information  relating  to  intelligence  sources  and  methods,  the 
Director  of  Central  Intelligence  and  the  heads  of  all  departments, 
agencies,  and  other  entities  of  the  United  States  involved  in  intelli- 
gence activities  shall — 
(1)  keep  the  Select  Committee  on  Intelligence  of  the  Senate 
and  the  Permanent  Select  Committee  on  Intelligence  of  the 
House  of  Representatives  (hereinafter  in  this  section  referred 
to  as  the  "intelligence  committees")  fully  and  currently  in- 
formed of  all  intelligence  activities  which  are  the  responsibility 
of,  are  engaged  in  by,  or  are  carried  out  for  or  on  behalf  of,  any 
department,  agency,  or  entity  of  the  United  States,  including 
any  significant  anticipated  intelligence  activity,  except  that  (A) 
the  foregoing  provision  shall  not  require  approval  of  the  intelli- 
gence committees  as  a  condition  precedent  to  the  initiation  of 
any  such  anticipated  intelligence  activity,  and  (B)  if  the  Presi- 
dent determines  it  is  essential  to  limit  prior  notice  to  meet  ex- 
traordinary circumstances  affecting  vital  interests  of  the 
United  States,  such  notice  shall  be  limited  to  the  chairman 
and  ranking  minority  members  of  the  intelligence  committees, 
the  Speaker  and  minority  leader  of  the  House  of  Representa- 
tives, and  the  majority  and  minority  leaders  of  the  Senate; 
"  This  title  is  also  set  out  post  at  page  177  along  with  other  materials  relating  to  congressional  over- 
sight .of  intelligence  activities.
(2)  furnish  any  information  or  material  concerning  intelli- 
gence activities  which  is  in  the  possession,  custody,  or  control 
of  any  department,  agency,  or  entity  of  the  United  States  and 
which  is  requested  by  either  of  the  intelligence  committees  in 
order  to  carry  out  its  authorized  responsibilities;  and 
(3)  report  in  a  timely  fashion  to  the  intelligence  committees 
any  illegal  intelligence  activity  or  significant  intelligence  fail- 
ure and  any  corrective  action  that  has  been  taken  or  is 
planned  to  be  taken  in  connection  with  such  illegal  activity  or 
failure. 
(b)  The  President  shall  fully  inform  the  intelligence  committees 
in  a  timely  fashion  of  intelligence  operations  in  foreign  countries, 
other  than  activities  intended  solely  for  obtaining  necessary  intelli- 
gence, for  which  prior  notice  was  not  given  under  subsection  (a) 
and  shall  provide  a  statement  of  the  reasons  for  not  giving  prior 
notice. 
(c)  The  President  and  the  intelligence  committees  shall  each  es- 
tablish such  procedures  as  may  be  necessary  to  carry  out  the  provi- 
sions of  subsections  (a)  and  (b). 
(d)  the12  House  of  Representatives  and  the  Senate,  in  consulta- 
tion with  the  Director  of  Central  Intelligence,  shall  each  establish, 
by  rule  or  resolution  of  such  House,  procedures  to  protect  from  un- 
authorized disclosure  all  classified  information  and  all  information 
relating  to  intelligence  sources  and  methods  furnished  to  the  intel- 
ligence committees  or  to  Members  of  the  Congress  under  this  sec- 
tion. In  accordance  with  such  procedures,  each  of  the  intelligence 
committees  shall  promptly  call  to  the  attention  of  its  respective 
House,  or  to  any  appropriate  committee  or  committees  of  its  re- 
spective House,  any  matter  relating  to  intelligence  activities  re- 
quiring the  attention  of  such  House  or  such  committee  or  commit- 
(e)  Nothing  in  this  Act  shall  be  construed  as  authority  to  with- 
hold information  from  the  intelligence  committees  on  the  grounds 
that  providing  the  information  to  the  intelligence  committees 
would  constitute  the  unauthorized  disclosure  of  classified  informa- 
tion or  information  relating  to  intelligence  sources  and  methods. 
TITLE  VI— PROTECTION  OF  CERTAIN  NATIONAL  SECURITY 
LNFORMATION13 
PROTECTION  OF  IDENTITIES  OF  CERTAIN  UNITED  STATES  UNDERCOVER 
INTELLIGENCE  OFFICERS,  AGENTS,  INFORMANTS,  AND  SOURCES 
Sec  601.  (a)  Whoever,  having  or  having  had  authorized  access  to 
classified  information  that  identifies  a  covert  agent,  intentionally 
discloses  any  information  identifying  such  covert  agent  to  any  indi- 
vidual not  authorized  to  receive  classified  information,  knowing 
that  the  information  disclosed  so  identifies  such  covert  agent  and 
that  the  United  States  is  taking  affirmative  measures  to  conceal 
such  covert  agent's  intelligence  relationship  to  the  United  States, 
'*Tfcl»  V^w  added  by  the  Intelligence  Identities  Protection  Act  of  1982  (Public  Law  97-
shall  be  fined  not  more  than  $50,000  or  imprisoned  not  more  than 
ten  years,  or  both.  ...  i       r-  j 
(b)  Whoever,  as  a  result  of  having  authorized  access  to  classified 
information,  learns  the  identity  of  a  covert  agent  and  intentionally 
discloses  any  information  identifying  such  covert  agent  to  any  indi- 
vidual not  authorized  to  receive  classified  information,  knowing 
that  the  information  disclosed  so  identifies  such  covert  agent  and 
that  the  United  States  is  taking  affirmative  measures  to  conceal 
such  covert  agent's  intelligence  relationship  to  the  United  States, 
shall  be  fined  not  more  than  $25,000  or  imprisoned  not  more  than 
five  years,  or  both.  „      . .  ...      .   .      ,   ,  . 
(c)  Whoever,  in  the  course  of  a  pattern  of  activities  intended  to 
identify  and  expose  covert  agents  and  with  reason  to  believe  that 
such  activities  would  impair  or  impede  the  foreign intelligence  ac- 
tivities of  the  United  States,  discloses  any  information  that  identi- 
fies an  individual  as  a  covert  agent  to  any  individual  not  author- 
ized to  receive  classified  information,  knowing  ^at  the  information 
disclosed  so  identifies  such  individual  and  that  the  United  States  is 
taking  affirmative  measures  to  conceal  such  individual  s  classified 
intelligence  relationship  to  the  United  States,  shall  be  fined  not 
more  than  $15,000  or  imprisoned  not  more  than  three  years,  or 
both. 
DEFENSES  AND  EXCEPTIONS 
Sec.  602.  (a)  It  is  a  defense  to  a  prosecution  under  section  601 
that  before  the  commission  of  the  offense  with  which  the  defendant 
is  charged,  the  United  States  had  publicly  acknowledged  or  le- 
vUedthe  intelligence  relationship  to  the  United  States  of  the  indi- 
vidual the  disclosure  of  whose  intelligence  relationship  to  the 
United  States  is  the  basis  for  the  prosecution. 
CbXD  Subject  to  paragraph  (2),  no  person  other  than  a  person 
committing  an  offenWSnder  section  601  shall  be  subject  to  pros- 
ecution under  such  section  by  virtue  of  section  2  or  4  of  title  18, 
United  States  Code,  or  shall  be  subject  to  prosecution  for  conspir- 
acy to  commit  an  offense  under  such  section. 
(2)  Paragraph  (1)  shall  not  apply  (A)  in  the  case  of  a  person  who 
acted  inle  course  of  a  pattern  of  activities  intended  to  identify 
and  expose  covert  agents  and  with  reason  to  believe  that  such  ac- 
tivities would  impair  or  impede  fie  foreign  intelligence  activities  of 
the  United  States,  or  (B)  in  the  ase  of  a  person  who  has  authorized 
access  to  classified  information.  ^„  ..  .   - 
(c)  It  shaU  not  be  an  offense  under  section  601  to  transmit  infor- 
mation described  in  such  section  directly  to  the  Select  Comimttee 
on  Intelligence  of  the  Senate  or  to  the  Permanent  Select  Commit- 
tee on  Intelligence  of  the  House  of  Representatives. 
(d)  It  shallnot  be  an  offense  under  section  601  for  an  individual 
to  disclS  information  that  solely  identifies  himself  as  a  covert 
agent. 
REPORT 
Sec.  603.  (a)  The  President,  after  receiving  ^J^j^^^6 
Director  of  Central  Intelligence,  shall  submit  to  the  Select  Conim^- 
tee  on  Intelligence  of  the  Senate  and  the  Permanent  Select  Com-
mittee  on  Intelligence  of  the  House  of  Representatives  an  annual 
report  on  measures  to  protect  the  identities  of  covert  agents,  and 
on  any  other  matter  relevant  to  the  protection  of  the  identities  of 
covert  agents. 
(b)  The  report  described  in  subsection  (a)  shall  be  exempt  irom 
any  requirement  for  publication  or  disclosure.  The  first  such  report 
shall  be  submitted  no  later  than  February  1,  1983. 
EXTRATERRITORIAL  JURISDICTION 
Sec.  604.  There  is  jurisdiction  over  an  offense  under  section  601 
committed  outside  the  United  States  if  the  individual  committing 
the  offense  is  citizen  of  the  United  States  or  an  alien  lawfully  ad- 
mitted to  the  United  States  for  permanent  residence  (as  defined  in 
section  101(aX20)  of  the  Immigration  and  Nationality  Act). 
PROVIDING  INFORMATION  TO  CONGRESS 
Sec.  605.  Nothing  in  this  title  may  be  construed  as  authority  to 
withhold  information  from  the  Congress  or  from  a  committee  of 
either  House  of  Congress. 
DEFINITIONS 
Sec.  606.  For  the  purposes  of  this  title: 
(1)  The  term  "classified  information"  means  information  or 
material  designated  and  clearly  marked  or  clearly  represented, 
pursuant  to  the  provisions  of  a  statute  or  Executive  order  (or  a 
regulation  or  order  issued  pursuant  to  a  statute  or  Executive 
order),  as  requiring  a  specific  degree  of  protection  against  un- 
authorized disclosure  for  reasons  of  national  security. 
(2)  The  term  "authorized",  when  used  with  respect  to  access 
to  classified  information,  means  having  authority,  right,  or  per- 
mission pursuant  to  the  provisions  of  a  statute,  Executive 
order,  directive  of  the  head  of  any  department  or  agency  en- 
gaged in  foreign  intelligence  or  counterintelligence  activities, 
order  of  any  United  States  court,  or  provisions  of  any  Rule  of 
the  House  of  Representatives  or  resolution  of  the  Senate  which 
assigns  responsibility  within  the  respective  House  of  Congress 
for  the  oversight  of  intelligence  activities. 
(3)  The  term  "disclose"  means  to  communicate,  provide, 
impart,  transmit,  transfer,  convey,  publish,  or  otherwise  make 
available. 
(4)  The  term  "covert  agent"  means— 
(A)  an  officer  or  employee  of  an  intelligence  agency  or  a 
member  of  the  Armed  Forces  assigned  to  duty  with  an  in- 
telligence agency — 
(i)  whose  identity  as  such  an  officer,  employee,  or 
member  is  classified  information,  and 
(ii)  who  is  serving  outside  the  United  States  or  has 
within  the  last  five  years  served  outside  the  United 
States;  or 
(B)  a  United  States  citizen  whose  intelligence  relation- 
ship to  the  United  States  is  classified  information,  and—
(i)  who  resides  and  acts  outside  the  United  States  as 
an  agent  of,  or  informant  or  source  of  operational  as- 
sistance to,  an  intelligence  agency,  or  j
(ii)  who  is  at  the  time  of  the  disclosure  acting  as  an 
agent  of,  or  informant  to,  the  foreign  counterintelli-j 
gence  or  foreign  counterterrorism  components  of  thej 
Federal  Bureau  of  Investigation;  or 
(C)  an  individual,  other  than  a  United  States  citizen, 
whose   past   or   present   intelligence    relationship   to   the 
United   States    is   classified    information    and   who    is   a  \
present  or  former  agent  of,  or  a  present  or  former  inform-! 
ant  or  source  of  operational  assistance  to,  an  intelligence . 
agency. 
(5)  The  term  "intelligence  agency"  means  the  Central  Intelli- 
gence Agency,  a  foreign  intelligence  component  of  the  Depart- 
ment of  Defense,  or  the  foreign  counterintelligence  or  foreign 
counterterrorism  components  of  the  Federal  Bureau  of  Investi- 
gation. 
(6)  The  term  "informs tit"  means  any  individual  who  fur-  ' 
nishes  information  to  an  intelligence  agency  in  the  course  of  a 
confidential  relationship  protecting  the  identity  of  such  indi- 
vidual from  public  disclosure. 
(7)  The  terms  "officer"  and  "employee"  have  the  meanings 
given  such  terms  by  section  2104  and  2105,  respectively,  of  title 
5,  United  States  Code. 
(8)  The  term  "Armed  Forces"  means  the  Army,  Navy,  Air 
Force,  Marine  Corps,  and  Coast  Guard. 
(9)  The  term  "United  States",  when  used  in  a  geographic 
sense,  means  ail  areas  under  the  territorial  sovereignty  of  the 
United  States  and  the  Trust  Territory  of  the  Pacific  Islands. 
(10)  The  term  "pattern  of  activities"  requires  a  series  of  acts 
with  a  common  purpose  or  objective.