(i) Outside the National Defense Establishment would be established a National Security Council, and under it a Central Intelligence Agency. There would be also established a National Security Resources Board. These agencies would coordinate military and civilian policies, programs, and plans in their respective fields. (See the Eberstadt recommendations and later proposals.)

(A copy of bill S. 758 is as follows:)

[S. 758, 80th Cong., 1st sess.]

A BILL To promote the national security by providing for a National Defense Establishment, which shall be administered by a Secretary of National Defense, and for a Department of the Army, a Department of the Navy, and a Department of the Air Force within the National Defense Establishment, and for the coordination of the activities of the National Defense 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 this Act may be cited as the "National Security Act of 1947".

TABLE OF CONTENTS

TITLE I-THE NATIONAL DEFENSE ESTABLISHMENT

Sec. 101. Establishment of the National Defense Establishment.

Sec. 102. Secretary of National Defense.

Sec. 103. Military Assistants to the Secretary.

Sec. 104. Civilian personnel.

Sec. 105. Department of the Army.

Sec. 106. Department of the Navy.

Sec. 107. Department of the Air Force.

Sec. 108. United States Air Force.

Sec. 109. Effective date of transfers.

Sec. 110. War Council.

Sec. 111. Joint Chiefs of Staff.

Sec. 112. Joint Staff.

Sec. 113. Munitions Board.

Sec. 114. Research and Development Board,

TITLE II-COORDINATION FOR NATIONAL SECURITY

Sec. 201. National Security Council.

Sec. 202. Central Intelligence Agency.

Sec. 203. National Security Resources Board.

TITLE III-MISCELLANEOUS

Sec. 301. Succession to the Presidency.

Sec. 302. Compensation of Secretaries.

Sec. 303. Under Secretaries and Assistant Secretaries.

Sec. 304. Advisory committees and personnel.

Sec. 305. Status of transferred civilian personnel.

Sec. 306. Saving provisions.

Sec. 307. Transfer of funds.

Sec. 308. Authorization for appropriations.

Sec. 309. Definition.

Sec. 310. Separability.

TITLE I-THE NATIONAL DEFENSE ESTABLISHMENT

ESTABLISHMENT OF THE NATIONAL DEFENSE ESTABLISHMENT

SEC. 101. (a) There is hereby established the National Defense Establishment, and a Secretary of National Defense, who shall be the head thereof.

(b) The National Defense 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 within the National Defense Establish

ment.

SECRETARY OF NATIONAL DEFENSE

SEC. 102. (a) The Secretary of National Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. Under the direction of the President, he shall establish policies and programs for the National Defense Establishment and for the departments and agencies therein; he shall exercise direction, authority, and control over such departments and agencies; he shall supervise and coordinate the preparation of budget estimates by the departments and agencies of the National Defense Establishment, which shall be submitted to him at such time and in such manner as he may direct; he shall formulate and finally determine the budget estimates of the National Defense Establishment for submittal to the Bureau of the Budget; and he shall supervise and control the budget program of the National Defense Establishment under the applicable appropriation Acts: Provided, That the Department of the Army, the Department of the Navy, and the Department of the Air Force, under the direction of the Secretary of National Defense, shall be administered as individual units by their respective Secretaries: And provided further, That nothing herein contained shall prevent the Secretary of any such department from presenting to the President, after first so informing the Secretary of National Defense, any report or recommendation relating to his department which he may deem necessary.

(b) The Secretary of National Defense shall submit annual written reports to the President and the Congress covering expenditures, work, and accomplishments of the National Defense Establishment, together with such recommendations as he shall deem appropriate.

(c) The Secretary of National Defense shall cause a seal of office to be made for the National Defense Establishment, of such design as the President shall approve, and judicial notice shall be taken thereof.

MILITARY ASSISTANTS TO THE SECRETARY

SEC. 103. Officers of the Army, Navy, and Air Force may be detailed to duty as assistants and personal aides to the Secretary of National Defense, but he shall not establish a military staff.

CIVILIAN PERSONNEL

SEC. 104. (a) The Secretary of National Defense is authorized to appoint from civilian life not to exceed four special assistants to advise and assist him in the performance of his duties. Each such special assistant shall receive compensation at the rate of $12,000 a year.

(b) The Secretary of National Defense is authorized, subject to the civilservice laws and the Classification Act of 1923, as amended, to appoint and fix the compensation of such other civilian personnel as may be necessary for the performance of the functions of the National Defense Establishment.

DEPARTMENT OF THE ARMY

SEC. 105. (a) The Department of War shall hereafter be known as the Department of the Army, and the title of the Secretary of War shall be changed to Secretary of the Army. Changes shall be made in the titles of other officers and activities of the Department of the Army as the Secretary of the Army may determine.

(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 inconsistent with the provisions of this Act, be deemed to relate to the Department of the Army within the National Defense Establishment or to such officer or activity designated by his or its new title.

(c) 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.

60266-47-pt. 1-2

(d) The Secretary of the Army shall cause a seal of office to be made for the Department of the Army, of such design as the President may approve, and judicial notice shall be taken thereof.

DEPARTMENT OF THE NAVY

SEC. 106. (a) The term "Department of the Navy" as used in this Act shall be construed to mean the Department of the Navy at the seat of government; the headquarters, 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 of the Department of the Navy; and the United States Coast Guard when operating as a part of the Navy pursuant to law.

DEPARTMENT OF THE AIR FORCE

SEC. 107. (a) Within the National Defense Establishment there is hereby established an executive department to be known as the Department of the Air Force, and a Secretary of the Air Force, who shall be the head thereof. The Secretary of the Air Force shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.

(b) Section 158 of the Revised Statutes is amended to include the Department of the Air Force and the provisions of so much of title IV of the Revised Statutes as now or hereafter amended as is not inconsistent with this Act, shall be applicable to the Department of the Air Force.

(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.

(d) There shall be in the Department of the Air Force an Under Secretary of the Air Force and two Assistant Secretaries of the Air Force, who shall be appointed from civilian life by the President by and with the advice and consent of the Senate.

(e) The several officers of the Department of the Air Force shall perform such functions as the Secretary of the Air Force may prescribe.

(f) So much of the functions of the Secretary of the Army and of the Department of the Army, including those of any officer of such Department, as are assigned to or under the control of the Commanding General, Army Air Forces, or as are deemed by the Secretary of National Defense to be necessary or desirable for the operations of the Department of the Air Force of the United States Air Force, shall be transferred to and vested in the Secretary of the Air Force and the Department of the Air Force: Provided, That, in order to permit an orderly transfer, the Secretary of National Defense may direct that the Department of the Army shall continue for appropriate periods to exercise any of such functions, insofar as they relate to the Department of the Air Force, or the United States Air Force or their property and personnel. Such of the property, personnel, and records of the Department of the Army used in the exercise of functions transferred under this subsection as the Secretary of National Defense shall determine shall be transferred or assigned to the Department of the Air Force.

(g) The Secretary of the Air Force shall cause a seal of office to be made for the Department of the Air Force, of such device as the President shall approve, and judicial notice shall be taken thereof.

UNITED STATES AIR FORCE

SEC. 108. (a) The United States Air Force is hereby established under the Department of the Air Force. The Army Air Forces, the Air Corps, United States Army, and the General Headquarters Air Force (Air Force Combat Command), shall be transferred to the United States Air Force.

(b) There shall be a Chief of Staff, United States Air Force, who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years from among the officers of general rank who are assigned to or commissioned in the United States Air Force. Under the direction of the Secretary of the Air Force, the Chief of Staff, United States Air Force, shall exercise command over the United States Air Force and shall be charged with

the duty of carrying into execution all lawful orders and directions which may be transmitted to him. The functions of the Commanding General, General Headquarters Air Force (Air Force Combat Command), and of the Chief of the Air Corps and of the Commanding General, Army Air Forces, shall be transferred to the Chief of Staff, United States Air Force. When such transfer becomes effective, the offices of the Chief of the Air Corps, United States Army, and Assistants to the Chief of the Air Corps, United States Army, provided for by the Act of June 4, 1920, as amended (41 Stat. 768), and Commanding General, General Headquarters Air Force, provided for by section 5 of the Act of June 16, 1936 (49 Stat. 1525), shall cease to exist. While holding office as Chief of Staff, United States Air Force, the incumbent shall hold a grade and receive allowances equivalent to those prescribed by law for the Chief of Staff, United States Army. The Chief of Staff, United States Army, the Chief of Naval Operations, and the Chief of Staff, United States Air Force, shall take rank between themselves according to their relative dates of appointment as such, and shall each take rank above all other officers on the active list of the Army, Navy, and Air Force: Provided, That nothing in this Act shall have the effect of changing the relative rank of the present Chief of Staff, United States Army, and the Chief of Naval Operations.

(c) All commissioned officers, warrant officers, and enlisted men, commissioned, holding warrants, or enlisted, in the Air Corps, United States Army, or the Army Air Forces, shall be transferred in branch to the United States Air Force. All other commissioned officers, warrant officers, and enlisted men, who are commissioned, hold warrants, or are enlisted in any component of the Army of the United States and who are under the authority or command of the Commanding General, Army Air Forces, shall be continued under the authority or command of the Chief of Staff, United States Air Force, and under the jurisdiction of the Department of the Air Force. Personnel whose status is affected by this subsection shall retain their existing commissions, warrants, or enlisted status in existing components of the armed forces unless otherwise altered or terminated in accordance with the existing law; and they shall not be deemed to have been appointed to a new or different office or grade, or to have vacated their permanent or temporary appointments in an existing component of the armed forces, solely by virtue of any change in status under this subsection. No such change in status shall alter or prejudice the status of any individual so assigned, so as to deprive him of any right, benefit, or privilege to which he may be entitled under existing law.

(d) Except as otherwise directed by the Secretary of the Air Force, all property, records, installations, agencies, activities, projects, and civilian personnel under the jurisdiction, control, authority, or command of the Commanding General, Army Air Forces, shall be continued to the same extent under the jurisdiction, control, authority, or command, respectively, of the Chief of Staff, United States Air Force, in the Department of the Air Force.

(e) For a period of two years from the date of the enactment of this Act, personnel (both military and civilian), property, records, installations, agencies, activities, and projects may be transferred between the Department of the Army and the Department of the Air Force by direction of the Secretary of National Defense.

EFFECTIVE DATE OF TRANSFERS

SEC. 109. Each transfer, assignment, or change in status under section 107 or section 108 shall take effect upon such date or dates as may be prescribed by the Secretary of National Defense.

WAR COUNCIL

SEC. 110. There shall be within the National Defense Establishment a War Council composed of the Secretary of National Defense, as Chairman, who shall have power of decision; the Secretary of the Army; the Secretary of the Navy; the Secretary of the Air Force; the Chief of Staff, United States Army; the Chief of Naval Operations; and the Chief of Staff, United States Air Force. The War Council shall advise the Secretary of National Defense on matters of broad policy relating to the armed forces, and shall consider and report on such other matters as the Secretary of National Defense may direct.

JOINT CHIEFS OF STAFF

SEC. 111. (a) There is hereby established within the National Defense Establishment the Joint Chiefs of Staff, which shall consist of the Chief of Staff, United States Army; the Chief of Naval Operations; the Chief of Staff, United States Air Force; and the Chief of Staff to the Commander in Chief, if there

be one.

(b) Subject to the authority and direction of the President and the Secretary of National Defense, it shall be the duty of the Joint Chiefs of Staff

(1) to prepare strategic plans and to provide for the strategic direction of the military forces;

(2) to prepare joint logistic/plans and to assign to the military services logistic responsibilities in accordance with such plans;

(3) to establish unified commands in strategic areas when such unified commands are in the interest of national security;

(4) to formulate policies for joint training of the military forces. (5) to review major material and personnel requirements of the military forces, in accordance with strategic and logistic plans;

(6) to provide United States representation on the Military Staff Committee of the United Nations in accordance with the provisions of the Charter of the United Nations.

(c) The Joint Chiefs of Staff shall act as the principal military advisers to the President and the Secretary of National Defense, and shall perform such other duties as they may direct or may be prescribed by law.

JOINT STAFF

SEC. 112. There shall be, under the Joint Chiefs of Staff, a Joint Staff to consist of not to exceed one hundred officers and to be composed of approximately equal numbers of officers of the United States Army, the United States Navy, and the United States Air Force. The Joint Staff, operating under a Director thereof appointed by the Joint Chiefs of Staff, shall perform such duties as may be directed by the Joint Chiefs of Staff. The Director shall be an officer junior in grade to all members of the Joint Chiefs of Staff.

MUNITIONS BOARD

SEC. 113. (a) There is hereby established in the National Defense Establishment a Munitions Board, hereinafter in this section referred to as the "Board". (b) The Board shall be composed of a Chairman, who shall be the head thereof, and an Under Secretary or Assistant Secretary from each of the three military departments, to be designated in each case by the Secretaries of their respective departments. The Chairman shall be appointed from civilian life by the Secretary of National Defense and shall receive compensation at the rate of $14,000 a year or at the rate of $50 a day but not to exceed $14,000 in any one year.

(c) It shall be the duty of the Board under the direction of the Secretary of National Defense and in support of strategic and logistic plans prepared by the Joint Chiefs of Staff

(1) to coordinate the appropriate activities within the National Defense Establishment with regard to industrial matters, including the procurement, production, and distribution plans of the Establishment;

(2) to plan for the military aspects of industrial mobilization;

(3) to recommend assignment of procurement responsibilities among the several military services and to plan for standardization of specifications and for the greatest practicable allocation of purchase authority of technical equipment and common use items on the basis of single procurement;

(4) to prepare estimates of potential production, procurement, and personnel for use in evaluation of the logistic feasibility of strategic operation; (5) to determine relative priorities of the various segments of the military procurement programs;

(6) to supervise such subordinate agencies as are or may be created to consider the subjects falling within the scope of the Board's responsibilities; (7) to make recommendations to regroup, combine, or dissolve existing interservice agencies operating in the fields of procurement, production, and distribution in such manner as to promote efficiency and economy;

(8) to maintain liaison with other agencies for the proper correlation of military requirements with the civilian economy, particularly in regard to