Utilization of other Departments and Agencies of Government. Department of (2) programs for the effective use in time of war of the Nation'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 economy 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 productive facilities in time of war; (5) policies for establishing adequate reserves of strategic and critical material, and for the conservation of these reserves; (6) the strategic relocation of industries, services, government, and economic activities, the continuous operation of which is essential to the Nation's security. (d) In performing its functions, the Board shall utilize to the maximum extent the facilities and resources of the departments and agencies of the Government." TITLE II THE DEPARTMENT OF DEFENSE SEC. 201. (a) There is hereby established, as an ExecuEstablishment. tive Department of the Government, the Department of Defense, and the Secretary of Defense shall be the head thereof. Head. Army, Navy, Air Forcemilitary departments. (b) There shall be within the Department of Defense (1) the Department of the Army, the Department of the Navy, and the Department of the Air Force, and each such department shall on and after the date of enactment of the National Security Act Amendments of 1949 be military departments in lieu of their prior status as Other Agencies. Executive Departments, and (2) all other agencies created under title II of this Act. Department of (c) Section 158 of the Revised Statutes, as amended, is amended to read as follows: SEC. 158. The provisions of this title shall apply to the following Executive Departments: First. The Department of State. Second. The Department of Defense. Third. The Department of the Treasury. Seventh. The Department of Agriculture. 7 Subsection (a) supplemented by section 3, Public Law 359, 81st Congress, October 15, 1949 (63 Stat. 880), which increased basic compensation to $17,500 per annum; subsections (b), (c), and (d) from section 103, Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495). Eighth. The Department of Commerce. Ninth. The Department of Labor. of title IV. (d) Except to the extent inconsistent with the pro- Applicability visions of this Act, the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense.8 THE SECRETARY OF DEFENSE Defense. SEC. 202. (a) There shall be a Secretary of Defense, Secretary of who shall be appointed from civilian life by the Presi- Appointment. Eligibility. dent, by and with the advice and consent of the Senate: Provided, That a person who has within ten years been on active duty as a commissioned officer in a Regular component of the armed services shall not be eligible for appointment as Secretary of Defense. (b) The Secretary of Defense shall be the principal assistant to the President in all matters relating to the Department of Defense. Under the direction of the President, and subject to the provisions of this Act, he shall have direction, authority, and control over the Department of Defense. (c) (1) Notwithstanding any other provision of this Act, the combatant functions assigned to the military services by sections 205 (e), 206 (b), 206 (c), and 208 (f) hereof shall not be transferred, reassigned, abolished, or consolidated. (2) Military personnel shall not be so detailed or assigned as to impair such combatant functions. Principal As- sistant to Defense. Combatant military serv changed. functions of ices not to be Detail of military personnel. Limitation on of funds. expenditure (3) The Secretary of Defense shall not direct the use and expenditure of funds of the Department of Defense in such manner as to effect the results prohibited by paragraphs (1) and (2) of this subsection. (4) The Departments of the Army, Navy, and Air Administration Force shall be separately administered by their respec- departments. tive Secretaries under the direction, authority, and control of the Secretary of Defense. (5) Subject to the provisions of paragraph (1) of this subsection no function which has been or is hereafter authorized by law to be performed by the Department of Defense shall be substantially transferred, reassigned, abolished or consolidated until after a report in regard to all pertinent details shall have been made by the Secretary of Defense to the Committees on Armed Services of the Congress. (6) No provision of this Act shall be so construed as to prevent a Secretary of a military department or a member of the Joint Chiefs of Staff from presenting to the Congress, on his own initiative, after first so informing the Secretary of Defense, any recommendation relating to the Department of Defense that he may deem proper. of military Committees on Armed Services, reporting changes to. functional Recommenda tions to the Congress by of military departments Secretaries and members of Joint Chiefs of Staff. Subsections (a) and (b) amended by section 4, Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578); subsections (c) and (d) added by section 4 above. Reports to the President and the Congress. Seal. Delegation by Interservice transfer of medical or medical service officers. Appointment to grade by President. Place on promotion list. Credit for unused leave. (d) The Secretary of Defense shall not less often than semiannually submit written reports to the President and the Congress covering expenditures, work, and accomplishments of the Department of Defense, accompanied by (1) such recommendations as he shall deem appropriate, (2) separate reports from the military departments covering their expenditures, work, and accomplishments, and (3) itemized statements showing the savings of public funds and the eliminations of unnecessary duplications and overlappings that have been accomplished pursuant to the provisions of this Act. (e) The Secretary of Defense shall cause a seal of office to be made for the Department of Defense, of such design as the President shall approve, and judicial notice shall be taken thereof. (f) The Secretary of Defense may, without being relieved of his responsibility therefor, and unless prohibited by some specific provision of this Act or other specific provision of law, perform any function vested in him through or with the aid of such officials or organizational entities of the Department of Defense as he may designate. (g) Under such regulations as he shall prescribe, the Secretary of Defense with the approval of the President is authorized to transfer between the armed services, within the authorized commissioned strength of the respective services, officers holding commissions in the medical services or corps including the reserve components thereof. No officer shall be so transferred without (1) his consent, (2) the consent of the service from which the transfer is to be made, and (3) the consent of the service to which the transfer is to be made. (h) Officers transferred hereunder shall be appointed by the President alone to such commissioned grade, permanent and temporary, in the armed service to which transferred and be given such place on the applicable promotion list of such service as he shall determine. Federal service previously rendered by any such officer shall be credited for promotion, seniority, and retirement purposes as if served in the armed service to which transferred according to the provisions of law governing promotion, seniority, and retirement therein. No officer upon a transfer to any service from which previously transferred shall be given a higher grade, or place on the applicable promotion list, than that which he could have attained had he remained continuously in the service to which retransferred. (i) Any officer transferred hereunder shall be credited with the unused leave to which he was entitled at the time of transfer.9 9 Subsections (a), (b), and (c) amended by section 5, Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578); subsections (d), (e), and (f) added by section 5 above; subsections (g), (h), and (i) added by section 3, Public Law 779, 81st Congress, September 9, 1950. DEPUTY SECRETARY OF DEFENSE; ASSISTANT SECRETARIES OF SEC. 203. (a) There shall be a Deputy Secretary of Defense, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate: Provided, That a person who has within ten years been on active duty as a commissioned officer in a Regular component of the armed services shall not be eligible for appointment as Deputy Secretary of Defense. The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe and shall take precedence in the Department of Defense next after the Secretary of Defense. The Deputy Secretary shall act for, and exercise the powers of, the Secretary of Defense during his absence or disability. (b) There shall be three Assistant Secretaries of Defense, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe and shall take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force. Deputy Secre- tary of Defense. Qualifications, powers, duties, and precedence. Assistant of Defense. Secretaries Military Assist (c) Officers of the armed services may be detailed to ants and Aides. duty as assistants and personal aides to the Secretary of Defense, but he shall not establish a military staff other than that provided for by section 211 (a) of this Act.10 CIVILIAN PERSONNEL personnel. SEC. 204. The Secretary of Defense is authorized, sub- Civilian ject to the civil-service laws and the Classification Act of 1923, as amended, to appoint and fix the compensation of such civilian personnel as may be necessary for the performance of the functions of the Department of Defense other than those of the Departments of the Army, Navy, and Air Force.11 DEPARTMENT OF THE ARMY SEC. 205. (a) The Department of War shall hereafter be designated 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 Department of Department of tion of. the Army. War, redesigna 10 Subsection (a) is former section 202 (d), Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495), as added by section 1, Public Law 36, 81st Congress, April 2, 1949 (63 Stat. 30), amended by section 6 (a), Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578); subsection (b) is former section 204 (a), Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495) as amended by section 6 (a), Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578); subsection (c) is former section 203, Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495), as amended by section 6 (a), Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578). 11 Former section 204 (b), Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495), as amended by section 6 (b), Public Law 216, 81st Congress, August 10, 1949) (63 Stat. 578). Department of the Navy. Definition. United States Navy. Composition and organization. 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 Department of Defense 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. (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. (e) In general the United States Army, within the Department of the Army, shall include land combat and service forces and such aviation and water transport as may be organic therein. It shall be organized, trained, and equipped primarily for prompt and sustained combat incident to operations on land. It shall be responsible for the preparation of land forces necessary for the effective prosecution of war except as otherwise assigned and, in accordance with integrated joint mobilization plans, for the expansion of peacetime components of the Army to meet the needs of war.12 DEPARTMENT OF THE NAVY SEC. 206. (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, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Department of the Navy; and the United States Coast Guard when operating as a part of the Navy pursuant to law. (b) In general the United States Navy, within the Department of the Navy, shall include naval combat and services forces and such aviation as may be organic therein. It shall be organized, trained, and equipped primarily for prompt and sustained combat incident to operations at sea. It shall be responsible for the preparation of naval forces necessary for the effective pros 12 Subsection (b) amended by section 12 (a), Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578); subsections (a), (c), (d), and (e) from section 205, Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495). |