National Security Act of 1947
National Security Act of 1947
1
NATIONAL SECURITY ACT OF 1947
(Chapter 343; 61 Stat. 496; approved July 26, 1947)
That 50 U.S.C. 401 note this Act may be cited as the Na-
tional Security Act of 1947.
TABLE OF CONTENTS
Sec. 2. Declaration of policy.
Sec. 3. Definitions. 1
TITLE ICOORDINATION FOR NATIONAL SECURITY
Sec. 101. National Security Council.
Sec. 101A. Joint Intelligence Community Council.
Sec. 102. Director of National Intelligence.
Sec. 102A. Responsibilities and authorities of the Director of National Intelligence.
Sec. 103. Office of the Director of National Intelligence.
Sec. 103A. Deputy Directors of National Intelligence.
Sec. 103B. National Intelligence Council.
Sec. 103C. General Counsel.
Sec. 103D. Civil Liberties Protection Officer.
Sec. 103E. Director of Science and Technology.
Sec. 103F. National Counterintelligence Executive.
Sec. 103G. Chief Information Officer.
Sec. 104. Central Intelligence Agency.
Sec. 104A. Director of the Central Intelligence Agency.
Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National
Intelligence Program.
Sec. 105A. Assistance to United States law enforcement agencies.
Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations; no-
tice of criminal investigations of foreign intelligence sources.
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 Geospatial-Intelligence Agency.
Sec. 112. Restrictions on intelligence sharing with the United Nations.
Sec. 113. Detail of intelligence community personnelintelligence community as-
signment program.
Sec. 114. Additional annual reports from the Director of National Intelligence.
Sec. 114A. Annual report on improvement of financial statements for auditing pur-
poses.
Sec. 115. Limitation on establishment or operation of diplomatic intelligence sup-
port centers.
Sec. 116. Travel on any common carrier for certain intelligence collection personnel.
Sec. 117. POW/MIA analytic capability.
Sec. 118. Semiannual report on financial intelligence on terrorist assets.
Sec. 119. National Counterterrorism Center.
Sec. 119A. National Counter Proliferation Center.
Sec. 119B. National intelligence centers.
TITLE IITHE DEPARTMENT OF DEFENSE
Sec. 201. Department of Defense.
Sec. 202. Secretary of Defense. 1
Sec. 203. Military Assistants to the Secretary. 1
Sec. 204. Civilian personnel. 1
Sec. 205. Department of the Army.
Sec. 206. Department of the Navy.
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 IIIMISCELLANEOUS
Sec. 301. National Security Agency voluntary separation.
Sec. 301. Compensation of Secretaries. 1
Sec. 302. Authority of Federal Bureau of Investigation to award personal services
contracts.
Sec. 302. Under Secretaries and Assistant Secretaries. 1
Sec. 303. Advisory committees and personnel.
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 VACCOUNTABILITY 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 Intelligence Program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and counter-
intelligence.
Sec. 506A. Budget treatment of costs of acquisition of major systems by the intel-
ligence community.
Sec. 507. Dates for submittal of various annual and semiannual reports to the con-
gressional intelligence committees.
TITLE VIPROTECTION 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.
DECLARATION OF POLICY
SEC. 107. 50 U.S.C. 404 (a) The Director of the Office of De-
fense Mobilization, 2 subject to the direction of the President, is
authorized, subject to the civil-service laws and the Classification
Act of 1949, 3 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 De-
fense Mobilization to advise the President concerning the coordina-
tion of military, industrial, and civilian mobilization, including
(1) policies concerning industrial and civilian mobilization
in order to assure the most effective mobilization and max-
imum utilization of the Nations manpower in the event of war.
(2) programs for the effective use in time of war of the Na-
tions 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 econ-
omy to war needs and conditions;
(3) policies for unifying, in time of war, the activities of
Federal agencies and departments engaged in or concerned
with production, procurement, distribution, or transportation of
military or civilian supplies, materials, and products;
(4) the relationship between potential supplies of, and
potential requirements for, manpower, resources, and produc-
tive facilities in time of war;
(5) policies for establishing adequate reserves of strategic
and critical material, and for the conservation of these re-
serves;
(6) the strategic relocation of industries, services, govern-
ment, and economic activities, the continuous operation of
which is essential to the Nations security.
(c) In performing 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.
1 Section 107 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 (b)(d) as subsections (a)(c).
The section heading was not amended accordingly.
2 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 4102 of Executive Order No. 12148 (July 20, 1979,
44 F.R. 43239, 50 U.S.C. App. 2251 note).
3 The Classification Act of 1949 was repealed by the law enacting title 5, United States Code
(Public Law 89544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter
51 and chapter 53 of that title.
37 UNOFFICIAL VERSION Sec. 109
SEC. 114A. 50 U.S.C. 404i1 Not later each year than the
date provided in section 507, the Director of National Intelligence,
the Director of the Central Intelligence Agency, the Director of the
National Security Agency, the Director of the Defense Intelligence
Agency, and the Director of the National Imagery and Mapping
Agency shall each submit to the congressional intelligence commit-
tees a report describing the activities being undertaken by such
official to ensure that the financial statements of such agency can
be audited in accordance with applicable law and requirements of
the Office of Management and Budget.
LIMITATION ON ESTABLISHMENT OR OPERATION OF DIPLOMATIC
INTELLIGENCE SUPPORT CENTERS
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, 70A 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 incon-
sistent with the provisions of this Act, be deemed to relate to the
Department 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 all 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. 207. [Subsections (a), (b), (d), (e), and (f) were repealed by
the law enacting titles 10 and 32, United States Code (Act of Au-
gust 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 all field headquarters,
forces, reserve components, installations, activities, and functions
under the control or supervision of the Department of the Air
Force.
1 Title IV of the Revised Statutes consisted of sections 158198 of the Revised Statutes. Sec-
tions 176 and 193 are codified as sections 4921 and 4922 of title 31, United States Code. The
remainder of those sections have been repealed or replaced by provisions of title 5, United States
Code, as enacted. See the Tables volume of the United States Code for the distribution of spe-
cific sections.
51 UNOFFICIAL VERSION Sec. 301
[Section 208 (less subsection (c)) was repealed by the law en-
acting 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 89544, September 6, 1966,
80 Stat. 654).]
[Sections 209214 were repealed by the law enacting titles 10
and 32, United States Code (Act of August 10, 1956, 70A Stat.
676).]
TITLE IIIMISCELLANEOUS
NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION
(B) $25,000.
(2) TREATMENT.Separation pay shall not
(A) be a basis for payment, and shall not be included
in the computation, of any other type of Government ben-
efit; and
(B) be taken into account for the purpose of deter-
mining the amount of any severance pay to which an indi-
vidual may be entitled under section 5595 of title 5,
United States Code, based on any other separation.
(f ) REEMPLOYMENT RESTRICTIONS.An employee who receives
separation pay under such program may not be reemployed by the
National Security Agency for the 12-month period beginning on the
effective date of the employees separation. An employee who re-
ceives separation pay under this section on the basis of a separa-
tion occurring on or after the date of the enactment of the Federal
Workforce Restructuring Act of 1994 (Public Law 103236; 108
Stat. 111) and accepts employment with the Government of the
United States within 5 years after the date of the separation on
which payment of the separation pay is based shall be required to
repay the entire amount of the separation pay to the National
Security Agency. If the employment is with an Executive agency
(as defined by section 105 of title 5, United States Code), the Direc-
tor of the Office of Personnel Management may, at the request of
the head of the agency, waive the repayment if the individual in-
volved possesses unique abilities and is the only qualified applicant
available for the position. If the employment is with an entity in
the legislative branch, the head of the entity or the appointing offi-
cial may waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant available for the
position. If the employment is with the judicial branch, the Director
of the Administrative Office of the United States Courts may waive
the repayment if the individual involved possesses unique abilities
and is the only qualified applicant available for the position.
(g) BAR ON CERTAIN EMPLOYMENT.
(1) BAR.An employee may not be separated from service
under this section unless the employee agrees that the em-
ployee will not
(A) act as agent or attorney for, or otherwise rep-
resent, any other person (except the United States) in any
formal or informal appearance before, or, with the intent
to influence, make any oral or written communication on
behalf of any other person (except the United States) to
the National Security Agency; or
(B) participate in any manner in the award, modifica-
tion, or extension of any contract for property or services
with the National Security Agency,
during the 12-month period beginning on the effective date of
the employees separation from service.
(2) PENALTY.An employee who violates an agreement
under this subsection shall be liable to the United States in
the amount of the separation pay paid to the employee pursu-
ant to this section multiplied by the proportion of the 12-month
period during which the employee was in violation of the
agreement.
53 UNOFFICIAL VERSION Sec. 302
SEC. 303. 50 U.S.C. 405 (a) The Director of the Office of De-
fense Mobilization, the Director of National Intelligence, and the
National Security Council, 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 advisory
personnel as they may deem necessary in carrying out their respec-
tive functions and the functions of agencies under their control.
Persons holding other offices or positions under the United States
for which they receive compensation, while serving as members of
such committees, shall receive no additional compensation for such
service. Retired members of the uniformed services employed by
the Director of National Intelligence who hold no other office or
position under the United States for which they receive compensa-
tion, other members of such committees and other part-time advi-
sory personnel so employed may serve without compensation or
may receive compensation at a daily rate not to exceed the daily
equivalent of the rate of pay in effect for grade GS18 of the Gen-
eral 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-
ested.
[Sections 304306 were repealed by the law enacting title 5,
United States Code (Public Law 89544, September 6, 1966, 80
Stat. 654).]
AUTHORIZATION FOR APPROPRIATIONS
SEC. 308. 50 U.S.C. 410 (a) 1 As used in this Act, the term
function includes functions, powers, and duties.
(b) As used in this Act, the term, Department of Defense
shall 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.
1 Section 307 of Public Law 87651 (Act of September 7, 1962, 76 Stat. 526) repealed section
308(a) less its applicability to sections 2, 101103, and 303.
55 UNOFFICIAL VERSION Sec. 501
SEPARABILITY
SEC. 310. 50 U.S.C. 401 note (a) The first sentence of section
202 (a) and sections 1, 2, 307, 308, 309, and 310 shall take effect
immediately upon the enactment of this Act.
(b) Except as provided in subsection (a), the provisions of this
Act shall take effect on whichever of the following days is the ear-
lier: The day after the day upon which the Secretary of Defense
first appointed takes office, or the sixtieth day after the date of the
enactment of this Act.
SUCCESSION TO THE PRESIDENCY
SEC. 503. 50 U.S.C. 413b (a) The President may not author-
ize the conduct of a covert action by departments, agencies, or enti-
ties of the United States Government unless the President deter-
mines such an action is necessary to support identifiable foreign
policy objectives of the United States and is important to the na-
tional security of the United States, which determination shall be
set forth in a finding that shall meet each of the following condi-
tions:
(1) Each finding shall be in writing, unless immediate ac-
tion by the United States is required and time does not permit
the preparation of a written finding, in which case a written
record of the Presidents decision shall be contemporaneously
made and shall be reduced to a written finding as soon as pos-
sible but in no event more than 48 hours after the decision is
made.
(2) Except as permitted by paragraph (1), a finding may
not authorize or sanction a covert action, or any aspect of any
such action, which already has occurred.
(3) Each finding shall specify each department, agency, or
entity of the United States Government authorized to fund or
otherwise participate in any significant way in such action.
Any employee, contractor, or contract agent of a department,
agency, or entity of the United States Government other than
the Central Intelligence Agency directed to participate in any
way in a covert action shall be subject either to the policies
and regulations of the Central Intelligence Agency, or to writ-
ten policies or regulations adopted by such department,
agency, or entity, to govern such participation.
(4) Each finding shall specify whether it is contemplated
that any third party which is not an element of, or a contractor
or contract agent of, the United States Government, or is not
otherwise subject to United States Government policies and
regulations, will be used to fund or otherwise participate in
any significant way in the covert action concerned, or be used
Sec. 503 UNOFFICIAL VERSION 58
tended that the role of the United States Government will not be
apparent or acknowledged publicly, but does not include
(1) activities the primary purpose of which is to acquire
intelligence, traditional counterintelligence activities, tradi-
tional activities to improve or maintain the operational secu-
rity of United States Government programs, or administrative
activities;
(2) traditional diplomatic or military activities or routine
support to such activities;
(3) traditional law enforcement activities conducted by
United States Government law enforcement agencies or rou-
tine support to such activities; or
(4) activities to provide routine support to the overt activi-
ties (other than activities described in paragraph (1), (2), or (3))
of other United States Government agencies abroad.
(f) No covert action may be conducted which is intended to in-
fluence United States political processes, public opinion, policies, or
media.
FUNDING OF INTELLIGENCE ACTIVITIES
fense, the Director and the Secretary of Defense shall provide that
the independent cost estimate, and any updates thereof, under sub-
section (a) be prepared by an entity jointly designated by the Direc-
tor and the Secretary in accordance with section 2434(b)(1)(A) of
title 10, United States Code.
(c) UTILIZATION IN BUDGETS OF PRESIDENT.(1) If the budget
of the President requests appropriations for any fiscal year for the
development or procurement of a major system by the intelligence
community, the President shall, subject to paragraph (2), request
in such budget an amount of appropriations for the development or
procurement, as the case may be, of the major system that is equiv-
alent to the amount of appropriations identified in the most current
independent cost estimate for the major system for obligation for
each fiscal year for which appropriations are requested for the
major system in such budget.
(2) If the amount of appropriations requested in the budget of
the President for the development or procurement of a major sys-
tem is less than the amount of appropriations identified in the
most current independent cost estimate for the major system for
obligation for each fiscal year for which appropriations are re-
quested for the major system in such budget, the President shall
include in the budget justification materials submitted to Congress
in support of such budget
(A) an explanation for the difference between the amount
of appropriations requested and the amount of appropriations
identified in the most current independent cost estimate;
(B) a description of the importance of the major system to
the national security;
(C) an assessment of the consequences for the funding of
all programs of the National Foreign Intelligence Program in
future fiscal years if the most current independent cost esti-
mate for the major system is accurate and additional appro-
priations are required in future fiscal years to ensure the con-
tinued development or procurement of the major system, in-
cluding the consequences of such funding shortfalls on the
major system and all other programs of the National Foreign
Intelligence Program; and
(D) such other information on the funding of the major sys-
tem as the President considers appropriate.
(d) INCLUSION OF ESTIMATES IN BUDGET JUSTIFICATION MATE-
RIALS.The budget justification materials submitted to Congress in
support of the budget of the President shall include the most cur-
rent independent cost estimate under this section for each major
system for which appropriations are requested in such budget for
any fiscal year.
(e) DEFINITIONS.In this section:
(1) The term budget of the President means the budget
of the President for a fiscal year as submitted to Congress
under section 1105(a) of title 31, United States Code.
(2) The term independent cost estimate means a prag-
matic and neutral analysis, assessment, and quantification of
all costs and risks associated with the acquisition of a major
system, which shall be based on programmatic and technical
specifications provided by the office within the element of the
Sec. 507 UNOFFICIAL VERSION 64
SEC. 701. 50 U.S.C. 431 (a) The Director of the Central Intel-
ligence Agency, with the coordination of the Director of National
Intelligence, may exempt operational files of the Central Intel-
ligence Agency from the provisions of section 552 of title 5, United
States Code (Freedom of Information Act), which require publica-
tion or disclosure, or search or review in connection therewith.
(b) In this section, the term operational files means
(1) files of the Directorate of Operations which document the
conduct of foreign intelligence or counterintelligence operations
or intelligence or security liaison arrangements or information
exchanges with foreign governments or their intelligence or
security services;
(2) files of the Directorate for Science and Technology
which document the means by which foreign intelligence or
counterintelligence is collected through scientific and technical
systems; and
(3) files of the Office of Personnel Security which document
investigations conducted to determine the suitability of poten-
tial foreign intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated intel-
ligence are not operational files.
(c) Notwithstanding subsection (a) of this section, exempted
operational files shall continue to be subject to search and review
for information concerning
(1) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on them-
selves pursuant to the provisions of section 552 of title 5,
United States Code (Freedom of Information Act), or section
552a of title 5, United States Code (Privacy Act of 1974);
Sec. 701 UNOFFICIAL VERSION 70
ply with this subsection may seek judicial review in the district
court of the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding, the
courts review shall be limited to determining the following:
(A) Whether the Defense Intelligence Agency has con-
ducted the review required by paragraph (1) before the expira-
tion of the 10-year period beginning on the date of the enact-
ment of this section or before the expiration of the 10-year pe-
riod beginning on the date of the most recent review.
(B) Whether the Defense Intelligence Agency, in fact, con-
sidered the criteria set forth in paragraph (2) in conducting the
required review.
(g) TERMINATION.This section shall cease to be effective on
December 31, 2007.
TITLE VIIIACCESS TO CLASSIFIED INFORMATION
PROCEDURES
SEC. 801. 50 U.S.C 435 (a) Not later than 180 days after the
date of enactment of this title, the President shall, by Executive
order or regulation, establish procedures to govern access to classi-
fied information which shall be binding upon all departments,
agencies, and offices of the executive branch of Government. Such
procedures shall, at a minimum
(1) provide that, except as may be permitted by the Presi-
dent, no employee in the executive branch of Government may
be given access to classified information by any department,
agency, or office of the executive branch of Government unless,
based upon an appropriate background investigation, such ac-
cess is determined to be clearly consistent with the national se-
curity interests of the United States;
(2) establish uniform minimum requirements governing
the scope and frequency of background investigations and re-
investigations for all employees in the executive branch of Gov-
ernment who require access to classified information as part of
their official responsibilities;
(3) provide that all employees in the executive branch of
Government who require access to classified information shall
be required as a condition of such access to provide to the em-
ploying department or agency written consent which permits
access by an authorized investigative agency to relevant finan-
cial records, other financial information, consumer reports,
travel records, and computers used in the performance of Gov-
ernment duties, as determined by the President, in accordance
with section 802 of this title, during the period of access to
classified information and for a period of three years there-
after;
(4) provide that all employees in the executive branch of
Government who require access to particularly sensitive classi-
fied information, as determined by the President, shall be re-
quired, as a condition of maintaining access to such informa-
tion, to submit to the employing department or agency, during
the period of such access, relevant information concerning their
financial condition and foreign travel, as determined by the
Sec. 802 UNOFFICIAL VERSION 84
EXTENSION OF STAY