A BILL

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP64-00658A000100030011-3
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RIFPUB
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K
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30
Document Creation Date: 
November 17, 2016
Document Release Date: 
August 6, 2000
Sequence Number: 
11
Case Number: 
Publication Date: 
April 10, 1946
Content Type: 
REGULATION
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Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 79TII CONGRESS 2D SESSION I-i . 6066 IN THE HOUSE OF REPRESENTATIVES APRIL 10, 1946 Mr. RANDOLPH introduced the following bill; which was referred to the Com- mittee on Expenditures in the Executive Departments A BILL To promote the common defense by unifying the departments and agencies of the Government relating to the common defense. 1 Be it enacted by the Senate and house of Representa- 2 tines of the United States of America in Congress assembled, 3 That this Act may be cited as the "Common Defense Act 4 of 1946". 5 DECLARATION OF POLICY 6 . SEC. 2. In enacting this legislation, it is the intent of 7 Congress to provide a comprehensive and continuous pro- 8 gram for our future safety and for the peace and security of Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 2 1 the world; to coordinate under civilian control the depart- 2 ments and agencies of the Government and their functions 3 relating to the common defense; to provide permanent 4 machinery for the establishment of integrated programs for 5 the maximum use of the Nation's military, human, natural., 6 and industrial resources in the interests of common defense; 7 to realize the economies that can be achieved through 8 unified control of supply and service functions; to prevent 9 duplication and overlapping of functions ; to establish the 10 most advantageous framework for a unified system of train- 11 ing for combined operations by land, sea, and air forces; 12 and, on the basis of past knowledge and expetience, 13 to integrate all elements of our Nation into an alert, 14 smoothly working, and efficient organization for the pro- 15 tection of our national security. In time of peace it is 16, essential that well-laid plans be formulated and kept up 17 18 19 to date ready, at an instant's notice, to be put into effect in the event this Nation is again threatened with or forced into war. The maintenance of such an organization in a 20 continuous state of full alert will be for (a) the security of 21 the Nation, (b), the preservation, of peace, (c) the removal 22 of the causes of war, and (d) the suppression of aggression 23 at its first appearance. Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 20 21 22 23 3 TITLE I-UNIFIED ORGANIZATION FOR NATIONAL SECURITY ESTABLISHMENT OF DEPARTMENT SEC. 101. (a) There shall be at the seat of govern- ment an executive department to be known as the Department of Common Defense, which shall be adminis- tered by a Secretary of Common Defense (hereinafter re- ferred to as the "Secretary") , who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary shall be a member of the President's Cabinet and shall receive compensation at the rate of $15,000 a year. (b) Section 158 of the Revised Statutes is amended to include the Department of Common Defense, 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. (c) The` Secretary of Common Defense shall cause a seal of office to be made for the Department, of such device as the President shall approve, and judicial notice: shall be taken thereof. UNDER SECRETARY SEc. 102. There shall be in the Department of Common Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 4 1 Defense an Under Secretary of.Common Defense, who shall 2 be appointed from civilian life by the President, by and with 3 the advice and consent of the Senate, and who shall receive 4 compensation at the rate of $12,000 a year. The Under 5 Secretary shall perform such duties as may. be required by 6 law or prescribed by the Secretary of Common Defense. 7 The Under Secretary shall (1) in case of the death, resigna- 8 tion, or removal from office of the Secretary, perform the 9 ` duties of the Secretary until a successor is appointed, and 10 (2) in -case of the absence of the Secretary, perform the 11 duties of the Secretary until such absence shall terminate. 12 SECRETARIES FOR TIIE ARMY, NAVY, AND AIR FORCE 13 SEC. 103. There shall be in the Department of Com- 14 mon Defense a Secretary for the Army, a Secretary for the 15 Navy, and a Secretary for the Air Force, who shall be 16 appointed from civilian life by the President, by and with the 17 advice and consent. of the Senate, and who shall receive 18 compensation at the rate of $12,000 a year. The said 19: Secretaries, under the supervision and direction of the Presi 20' . dent and of the Secretary of Common Defense, shall be 21 charged with the administration of. the United States Army 22 the United States Navy, and the United States Air Force,- 23' respectively, and shall perform such other duties as may 24 be required by law or prescribed by the Secretary of 25 Common Defense. Approved For Release 2000/08/23 : CIA-RDP64-00658AO06100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 5 .1 ASSISTANT SECRETARIES OF COMMON DEFENSE 2 SEC. 104. There shall be in the Department of Com- 3 mon Defense four Assistant Secretaries of Common Defense, 4 who shall be appointed from civilian life by the President, 5' by and with the advice and consent of the Senate, and who 6 shall receive compensation at the rate of $10,000 a year. 7 The Secretary shall designate one or more of the Assistant 8 Secretaries to perform, under the supervision and direction 9 of the Secretary, the following functions : 10 (1) To foster, supervise, and coordinate scientific 11 research and development activities in the Department 12 of Common Defense; to coordinate such activities in 13 the Department of Common Defense with those of the 14 Central Research and Development Agency and other 15 Government agencies, and with those of private industry, 16 individuals, laboratories, and educational institutions; 17 and to promote educational programs designed to assure 18 an adequate supply of trained personnel to conduct such 19 activities of the Department. 20 (2) To foster, supervise, and coordinate intelligence 21 activities in the Department of Common Defense; to 22 assure the prompt dissemination within the Department 23 and to commanders in the field of adequate military in- 24 telligence to enable military authorities to take action 25 in the interests of common defense; to coordinate the in- Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For. Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 1 telligence activities of the Department with those of 2 the Central Intelligence Agency and other Government 3 agencies; and to promote educational programs designed 4 to assure an adequate supply of trained personnel to 5 conduct such activities of the Department. 6 (3) To supervise and coordinate activities in the 7 Department of Common Defense with respect to the 8 procurement of military supplies, logistics, industrial 9 mobilization, and medical care and hospitalization; to 10 develop programs designed to promote economy, effi- 11 ciency, and the elimination of duplication and overlap- 12 ping in the procurement and distribution of military 13 supplies and in the furnishing of medical care, hospitali- 1.4 zation, and other services; to coordinate the programs of 15 the Department with those of the National Security 16 Resources Board and other governmental agencies per- 1 r forming functions with respect to the procurement and 18 distribution of supplies, the furnishing of services, or the 19 maintenance of inventories and information relating to 20 the actual and potential manpower, resources, and pro- 21 ductive facilities. of the Nation; and to promote educa- 22 tional programs designed to provide an adequate supply 23 of trained personnel to conduct the military logistics of 24 the Department and to promote educational programs Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 7 1 designed to accustom industry to the actual and potential 2 procurement programs of the Department. 3 (4) To supervise and coordinate educational and training activities in the Department of Common Defense with a view toward the constant . maintenance of our armed forces as a' highly trained organization, the pro- vision of adequate opportunities to all members of such 8 forces to fit themselves for greater responsibilities, the 9 joint education and training of members of the armed 10 forces, and the training of members of the armed forces 11 to fit them for command. and staff responsibilities involv- 12 ing all of the components of the armed forces; and ;to 13 coordinate the educational and training activities of the 14 Department of Common Defense with those of other 15 Government agencies and of educational institutions. 16 The Assistant Secretaries shall perform, under the, super- 17 vision and direction of the Secretary, such other functions 18 as, may be required by law or prescribed by the Secretary. 19 CM- EF OF STAFF OF COMMON DEFENSE 20 SEC. 105. (a) There shall be in the Department of 21 Common Defense an officer to be known as the Chief of 22 Staff of Common Defense, who shall be appointed by the 23 President, by and with the advice and consent of the Senate, 24 for a term of three years. Said Chief of Staff shall be Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 8 1 selected from among the commissioned officers of the armed 2 forces of general or flag rank and shall rank above all other 3 officers of the armed forces on active duty. The Chief of 11 4 Staff of Common Defense shall be the military adviser of 5 the President * and the Secretary, shall execute such orders as he shall receive from the President or the Secretary, and shall perform such other military duties as may be assigned him by the President or the Secretary. (b) In the appointment of the Chief of Staff of Com- mon Defense, the President shall, if he deems it proper and desirable, alternate his choice of said Chief of Staff from commissioned officers of the Army, Navy, and Air Force in order that the experience of all the services shall become 14 a part of our common-defense establishment. 15 (c) An officer of the United States Army, while hold- 16 ing the Office of Chief of Staff of Common Defense shall 1"T have the rank and title of General of the Army; an officer 18 of the United States Navy, while holding such office shall 19 have the rank and title of Fleet Admiral or, if an officer of the 20 Marine Corps, the rank and title of General of the Marines; 21 an officer of the United States Air Force, while holding such 22 office shall have the rank and title of General of the Army 23 or such equivalent rank and title as may hereafter be 24 established for an officer or officers of the United States Approved For Release 2000/0,8/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 2 3 10 11 13 1.4 15 16 Air Force. An officer while holding the Office of Chief of Staff of Common Defense shall be entitled to the pay and allowances of a rear admiral (upper half) and to a personal money allowance of $5,000 per year., JOINT STAFF OF TIIE ARMED FORCES SEC. 106. (a) There is _ hereby established in the De- partment of Common Defense an organization to be known as the Joint Staff of the Armed Forces (hereinafter referred to as the "Joint Staff") , which shall consist of the Chief of Staff of Common Defense; the Commanding General, United States Army; the Chief of Naval Operations ; and the Com- manding General, United States Air Force. (b) The Joint Staff shall, from time to time as said body shall deem desirable and at least once in each year, submit to the President, through the Secretary of Common Defense, the recommendations of said body, together with 17 those of any nonconcurring member or members, regarding 18 20 21 22 23 24 military policy, strategy, and the budgetary requirements of the armed forces, including the composition of the budget. Such recommendations shall be transmitted to the President, with comments deemed appropriate, by the Secretary of Common Defense who, in the case of budgetary recommenda- tions, shall, after consideration and review thereof, submit to the President the annual budget of the Department to, H. R. 6066-2 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 9 10 11 10 1 gether with the recommendations.. of the Joint Staff or 2 members thereof. 3 (c) The commander of any of the three components of 4 the armed forces established by section 108 may, at any 5 time, present to the Joint Staff for consideration and discus- sion and presentation to the President through the Secretary of Common Defense any report or recommendation relating to the component commanded by him which lie shall deem desirable. Such report or recommendation shall, after reason- able consideration by the Joint Staff, be forwarded to the President through the Secretary of Common Defense to- gether with statements of the views and recommendations thereon of the Joint Staff or the members thereof and of 14 the Secretary of Common Defense. 16 17 18 19 20 21 22 23 .24 COMMANDING OFFICERS OF THE ARMY, NAVY, AND AIR FORCE SEC. 107. (a) The United States Army, the United States Navy, and the United States Air Force shall each be commanded by a commissioned officer, who shall be ap- pointed by the President, by and with the advice and consent of the Senate, for a term of three. years from among the officers of general or flag rank who are transferred or assigned to . or commissioned in such components, respectively. The commanders of such components shall be known, respectively, as the Commanding General, United States Army; the Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 11 1 Chief of Naval Operations; and the Commanding General, 2 United States Air Force. Each of said commanders shall, 3 subject to direction of the President, or of the Secretary 4 under direction of the President, exercise command over 5 his component and shall be charged with the duty of carrying 6 into execution all lawful orders and directions which may 7 be transmitted to him. 8 9 10 12 (b) An officer while holding the office of Commanding General, United States Army, shall have the rank and title of General of the Army; an officer while holding the office of Commanding General, United States Air Force, shall have the rank and title of General of the Army or such 13 equivalent rank and title as may hereafter be established 14 for an officer or officers of the United States Air Force; and 15 an officer while holding the office of Chief of Naval Opera- 16 Lions shall have the rank and title of Fleet. Admiral; and 17 18 20 each such officer while holding such office shall be entitled to the. pay and allowances of a rear admiral (upper half) and to a personal money -allowance of $2,200 per year. SEC. 108. (a) There shall be within the Department 21 of Common Defense a Director of Common Services, who 22 23 24 shall be appointed for a term of three years by the Presi- dent, by and with the advice and consent of the Senate. Such Director shall be appointed from general or flag offi- .cers of the armed forces. Under the Secretary or Chief Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 12 1 of Staff of the Armed Forces, such appointees shall have 2 supervision and control over all personnel assigned or trans- 3 ferred to his office and over all functions and installations 4 pertaining to the common services, supply, and hospital re- 5 quirements of the armed forces which may from time to 6 time be assigned to him by the Secretary. The Director 7 of Common Services, while holding office as such, shall 8 have the rank of general or admiral and shall be entitled 9 to the pay and allowances of a rear admiral (upper half) 10 and to a personal money allowance of $2,200 per year. 11 (b) The Office of the Director of Common Services shall 12 consist of such personnel, officers, offices, agencies, organiza.- 13 tions, installations, materiel, property, records, and projects 14 as may -hereafter be assigned or transferred to it from time 15 to time by law or by Executive order of the President. 16 ESTABLISHMENT OF UNITED STATES ARMY, NAVY, AND 17 AIR FORCE. 18 SEC. 109. (a.) There are hereby established, as sep- 19 crate and- coordinate arms; the United States Army, the 20 United States Navy, and the United States Air Force. 21. (b) Each of such 'separate and coordinate arms shall 22 consist of such personnel, officers, offices, agencies, organza- 23- tions, installations, materiel, property, records, and projects, 24 25 as may hereafter be assigned or transferred to it from time to time by law or by Executive order of the President. Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 13 1 (c) In order to avoid interruption or curtailment of 2 the functioning of the armed forces during the process of 3 reorganization, the jurisdiction, control, authority, and com- 10 mand of all the items mentioned in (b) above vested in and exercised- (1) by the Commanding Generals of the Army .Ground Forces and Army Service Forces shall be vested in and exercised by the Commanding General, United States Army, when appointed; (2) by the Chief of Naval Operations shall' be vested in and exercised by the Chief of Naval Opera- tions, United States Navy, when appointed; 13 (3) by the Commanding General, Army Air 14 Forces, shall be vested in and exercised by the Com- manding General, United States Air Force, when 16 appointed. 17 (d) Any member of the armed forces who is, by opera- 18 tion of this Act or subsequent Action taken hereunder, 19 assigned to the United States Army, the United States 20 Navy, or the United States Air Force, shall not be deemed 21 to have been appointed to a new or different office or grade 22 from that held by him at the time of such assignment, or 23 to have vacated his permanent or temporary appointment 24 in an existing component of the armed forces solely by 25 virtue of such assignment. No such assignment shall alter Approved For Release 2000/08/23: CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23: CIA-RDP64-00658A000100030011-3 14 -1 or prejudice the status of any member of the armed forces 2 so assigned, so as to deprive him of any right, benefit, or 3 privilege to which he may be entitled under existing law. 4 (e) All existing laws Executive orders and regula- , , tions relating to members of the armed forces, or any com- ponent thereof, or relating to persons serving with the armed forces, to the extent not in conflict with this Act, shall continue in full force and effect and shall apply to present and future members of the armed forces and other persons 10 serving therewith, until repealed, modified, or superseded. 11 ABOLISIIMENT OF WAR AND NAVY DEPARTMENTS 12 SEc. 110. (a) All civilian personnel and all property, 13 both real and personal and including all records, of the 14 Department of War and the Department of the Navy shall, 15 at such time as the President may determine, be transferred 21 to the Department of Common Defense; and the Department of War and the Department of the Navy shall cease to exist as executive departments of the Government upon the issuance of the Executive order effecting such transfer. (b) The offices of Secretary of War, Secretary of the Navy, Under Secretary of War, Under Secretary of the Navy, Assistant Secretary of War, Assistant Secretary of the Navy, additional Assistant Secretary of War (Air), and additional Assistant, Secretary of the Navy (Air) shall be abolished upon the issuance of the Executive order Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 15 1 specified in subsection (a), and the functions, powers, and 2 duties vested in and imposed upon such officers shall there- 3 after be vested in andimposed upon the Secretary of Com- 4 mon Defense, who may delegate the same to the Under 5 Secretary, to the Secretaries for the Army, Navy, and 6 Air Force, or to such of the Assistant Secretaries as he 7 may designate. 8 (c) The transfer to the Department of Common Defense 9 under this Act of civilian personnel of the Department of War 10 and of the Department of the Navy shall be without changes 11 in classification or compensation, but the Secretary is author- 12 ized to make such changes in the titles and designations and 13 prescribe such changes in the duties of such officers and em- .14 ployees commensurate with their classification as he may 15 deem necessary to carry out the purpose of this Act. 16 (d) All laws, orders, and regulations, relating specifi- 17 cally to such departments and generally to executive de- 18 partments, which are not in conflict. with any provision of 19 this Act, shall be applicable to the Department of Common Defense until repealed, modified, or superseded. (e) All unexpended balances of appropriations, alloca- tions, or other funds available for use by the Department of War or the Department of the Navy or officers thereof, are hereby transferred, effective upon the issuance of the Execu- tive order specified in subsection ,(a) , to the Department of Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 16 Common Defense for use in connection with the exercise of its functions prescribed by this Act. Such unexpended bal- 8 priate from time to time from any appropriation covered by 9 this subsection to any other such appropriation or to such ances so transferred may be used for the purposes for which the appropriations, allocations, or other funds were originally made available, or for new expenditures occasioned by the enactment of this Act. The transfers herein authorized may be made with or without warrant action as may. be appro- -10 new accounts established on the books of the Treasury as 11 may be determined to be necessary to carry into effect the 12 provisions of this Act, including any reorganization adopted 13 pursuant thereto, or to carry out other provisions thereof. (f) There shall also be in the Department of Common Defense such other civilian officers and employees as the Sec- retary may deem necessary to perform his duties and as may from time to time be provided for by Congress. SAVING CLAT?SES 19 SEC. 111. (a) All contracts, agreements, orders, rules, 20 regulations, permits, and privileges made, issued, or granted 21 by or in respect of the Department of War or the Depart- 22 ment of the Navy, which are in effect at the ' time of their 23 transfer under this Act, shall, insofar as not inconsistent 24 with the provisions of this Act, continue in effect to the same Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 17 1 extent as if such transfer had not occurred, until modified, 2 superseded, or repealed. 3 (b) No suit, action, or other proceeding lawfully com- 4 menced by or against the Secretary of War or the S.ecre- 5 tary of the Navy, or other officer of the Department of 6 War or the Department of the Navy, in his official capacity 7 or in relation to the discharge of his official duties, shall abate 8 by reason of the taking effect of this Act, but the court may, 9 on motion or supplemental petition filed at any time within 10 twelve months after the date of enactment of this Act, 11 showing a necessity for a survival of such suit, action, or 12 other proceeding to obtain a settlement of the questions 13 involved, allow the same to be maintained by or against 14 18 SUCCESSION TO PRESIDENCY SEC. 112. The first section of the Act entitled "An Act to provide for the performance of the duties of the Office of the Secretary of Common Defense. President in case of the removal, death, resignation, or in- ability both of the President and Vice President", approved January 19, 1886 (24 Stat. 1) , is amended (1) by striking out "Secretary of War," and inserting in lieu thereof "Secre- 22 tary of Common Defense," and (2) by striking out "or if 23 there be none, or in case of his removal, death, resignation, 24 or inability, then the Secretary of the Navy". Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 18 REORGANIZATION POWERS 2 SEC. 113. (a) The Department of Common Defense, 3 the United States Army, the United States Navy, and the 4 United States Air Force established by this Act, each is 5 respectively declared to be an agency which may be re- 6 organized under the provisions of the Reorganization Act 7 of 1945: Provided, however, That no action taken pursuant 8 to the provisions of this section under the Reorganization 9 Act of 1945 shall have the effect of abolishing any of said 10 agencies. 11 (b) None of. the powers granted to the President by 12 title I of the First War Powers Act, 1941 (55 Stat. 838) , 13 shall be applicable with respect to the agencies enumerated 14 in subsection (a) . 15 RECOMMENDATIONS FOR FURTHER LEGISLATION IN THE 16, INTERESTS OF COMMON DEFENSE 17 SEC. 114. The President, through the Secretary of Com- 18 mon Defense, shall make a full and complete study and 19 investigation of the Department of Common Defense (in- 20 eluding the United States Army, the United States Navy, 21 and the United States Air Force) as constituted pursuant 22 to the provisions of this Act. Such study and investigation 23 shall be made with a view to the recommendation to Con 24 gross of further legislation which may be necessary to provide 25 for (1) the most efficient and economical operation of Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 19 14 22 1 the Department; (2) the elimination of any undesirable 2 duplication and overlapping in -the 'functions performed by 3 the coordinate arms of the armed forces; (3) the joint use 4 by such coordinate arms of hospitals, laboratories, dispen- 5 saries, transportation and port facilities, buildings, utilities, 6 libraries, schools, training institutions, facilities, and other 7 properties; (4) the coordination, in time of peace and in time 8 of war, of the activities of the Department and the coordi 9 pate arms of the armed forces with those of other depart- 10 ments and agencies of the Government; (5) the 11 establishment of uniformity in the legislation applicable to 12 the coordinate arms of the armed forces and relating to 13 such matters as appointment and enlistment, promotion, retirement, discipline, pay and allowances, and periods of service ; (6) the establishment of a system of promotion of members of the coordinate arms of the armed forces which will result in the promotion of those members who will be most capable of performing the duties of the grades and offices to which they are promoted; and (7) any further improvement in the organization of the Department and of the coordinate arms of the armed forces, and of the function- ing thereof, which requires legislation for its accomplish- ment. Reports with respect to such study and investiga- 24 Lion, together with any recommendations for legislation Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 20 1 resulting therefrom, shall be made to the Congress as soon 2 as practicable. ANNUAL REPORTS SEc. 115. The Secretary of Common Defense shall make annually a report in writing to Congress. giving an account of all moneys received and disbursed by him and the Depart- ment, describing the work done by the Department, and 8 'making such recommendations as he shall deem. necessary 9 for the effective performance of the duties and purposes of 10 the Department. 11 TITLE II-COORDINATION FOR COMMON .12 DEFENSE 13 COUNCIL OF COMMON DEFENSE 14 SEc. 201. (a) There is hereby established an independ- 15 ent agency of the Government to be known as the Council 16 of Common Defense (hereinafter in this section referred to 17 18 19 20 as the "Council") . The function of the Council shall be the coordinating and integrating of common defense policies. The Council shall be composed of the Secretary of State, the Secretary of Common Defense, and the Chairman of the National Security Resources Board. The President shall preside at all meetings of the Council which he attends. (b) In addition to any powers which the President may delegate to it for the purpose of more effectively coordinating the departments and agencies of the Gov- Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 21 I ernment and their functions relating to the common de- 2 fense, and for the purpose of more effectively implementing 3 the intent of Congress in this Act, it shall, subject to the 4 direction of the President, be the duty of the Council- 5 (1) to bring into common action the common 6 defense policies, of the United States and to provide 7 for unity in the execution thereof; 8 (2) to assess and appraise the objectives, commit- 9 ments, and risks of the United States in relation to 'our 10 actual and potential military power, in the interests of 11 our common defense; and (3) to initiate measures to bring into common ac- 13 tion the executive departments, independent agencies, 14 boards, commissions, Government corporations, and 15 other agencies in the executive branch of the Govern- 16 meat as may be necessary to provide for the common 17 defense. The Council will direct and supervise such 18 action in agencies under its supervision or control. Each 19 member will take appropriate and necessary action to 20 carry out the decisions of the Council within the depart- 21 meat or agency which be represents; with respect .to 22 decisions which affect departments. or agencies beyond 23 the control of the Council or not represented by members 24 of the Council, appropriate action will be recommended 25 to the heads thereof and if action satisfactory to the Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 22 Council is not taken by such departments and agencies the Council will recommend appropriate action to the 3 President. 4 (c) The Council shall have a staff to be headed by an 5 executive secretary who shall be appointed from civilian life 6 by the President, by and with the advice and consent of 7 the Senate, and shall receive compensation at the rate of 8 $12,000 per annum. The executive secretary shall prepare 9 the agenda of the Council and shall have the duty of provid- 10 ing data essential to its deliberations and distributing its con- 11 elusions to the departments and agencies concerned for 12 information and appropriate action. The executive secretary 13 shall. perform such other duties as may be prescribed by the 14 Council. 15 (d) The Council shall make at the close of each fiscal 16 year a report in writing to the President and to the Congress 17 giving an account of all moneys received and disbursed by 18 the Council, making such recommendations and legislative 19 proposals as it shall deem necessary to improve the common 20 defense, and describing the work done by the Council iri 21 such detail as is not' inconsistent with national security. The 22 Council shall, from time to time, make such other reports 23 to the President as it deems appropriate or as the President 24 may require. Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 23 2 SEC. 202. (a)- There shall be in the Council of Common 3 Defense a Central Intelligence Agency (hereinafter in this 4 section referred to as the "Agency"), with a Director who 5 shall be the head thereof, to be appointed from civilian or 6 military life by the President by and with the advice and 7 consent of the Senate. The Director shall receive compen- 8 sation at the rate of $12,000 per annum. Any commis- 9 sioned officer of the United States Army, the United States 10 Navy, or the United States Air Force may be appointed to 11 the office of Director; and his appointment to, acceptance of, 12 and service in, such office shall in no way affect any status, 13 office, rank, or grade he may occupy or hold in the United 14 States Army, the United States Navy, or the United States 15 Air Force, or any emolument, perquisite, right, privilege, 16 or benefit incident to or arising out of any such status, office, 17 rank, or grade. Any such commissioned officer on the active 18 list shall, while serving in the Office of Director, receive the 19 military pay and allowances payable to a commissioned 20 officer of his grade and length of service and shall be paid, 21 from any funds available to defray the expenses of the 22 Agency, annual compensation at a rate equal to the differ- 23 ence between $12,000 and the amount of his annual mili- 24 Lary pay and allowances. There shall be assigned to duty Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 24 1 with the Agency such military and civilian personnel of the 2 departments and agencies of the Government as the Council 3 of Common Defense may, from time to time, recommend 4 and the President approve. 5 (b) It shall be the duty of the Agency, under the 6 supervision and direction of the Council of Common De- 7 fense, to. plan, develop, and coordinate the foreign intelli- .8 gence activities of the United States in such manner as 9 to assure the most effective accomplishment of the intelli- 10 gence mission relating to the national. security. The Agency 11, shall- 12 . (1) correlate and evaluate intelligence relating to 13 the national security and provide for the appropriate 14 dissemination within the Government of the resulting 15 strategic and national policy intelligence ; 16 (2) make plans- for the coordination of such of 17 the intelligence activities of the departments and agencies 18 of the Government as relate to the national security 19 and recommend to the. Council of Common Defense 20 the establishment of such over-all policies and objectives 21 as , will assure the most effective accomplishment of the 22 national intelligence mission; 23 (3) perform, for the benefit of the departments 24 and other agencies of. the Government such intelli- 25 gence services of common concern as relate to the Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 5 1 national security and as the Council of Common De- 2 fense determines can be more efficiently accomplished 3 by the agency; and 4 (4) perform such other functions and duties re- 5 lating to intelligence affecting the national security 6 as the President or the Council of Common Defense 7 may from time to time direct. 8 (c) The responsibility and authority of the departments 9 and other agencies of the Government to collect, evaluate, 10 correlate, and disseminate intelligence shall not be affected, 11 except to the extent that the Agency may relieve them of 12 such authority and responsibility pursuant to the provisions 13 of subsection (b) The Agency shall have no police, sub- 14 pena, law enforcement, or internal security powers or func- tions; nor shall anything heirein be construed as authorizing the making of investigations inside the continental United States or its possessions, except as provided by law. The Director of the Agency shall be responsible for fully pro- 19 tecting intelligence sources and methods. 20 (d) The Agency shall make use of the facilities and 21 services of the military and the civilian intelligence agencies 22 of the Government and may conduct intelligence projects 23 through, or in cooperation with, such agencies. Such 24 agencies are hereby authorized and directed to make such Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 26 1 facilities and services available to the Agency and to par- 2 ticipate in the conduct of its projects. 3 (e). To the extent recommended by the Council of 4 Common Defense and approved by the President, (1) 5 the intelligence operations of the departments and other 6 agencies of the Government shall be open to inspection by 7 the Director in connection with the planning functions of 8 the Agency and (2) the intelligence: possessed by such 9 departments and agencies shall be made freely available to 10 the Director for correlation, evaluation, or dissemination. 11 NATIONAL SECURITY RESOURCES BOARD 12 SEC. 203. (a) There is hereby established an inde- 13 pendent agency of the Government to be known as the 14 National Security Resources Board (hereinafter in this 15 section referred to as the "Board") to be composed of the 16 Chairman of the Board and such of the heads of the various 17 executive departments and independent agencies as may from 18 time to time be designated by the President to be members 19 of the Board. The Chairman of the Board shall be appointed 20 from civilian life by the President, by and with the advice and 21 consent of the Senate, and shall receive compensation at the 22 rate of $12,000 per annum. 23 (b) It shall be the duty of the :Chairman, under the 24 supervision and direction of the Council of Common Defense- 25 (1) to formulate policies and programs for the Approved For Release 2000/08/23 : CIA-RDP64-06658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 27 1 maximum use of the Nation's resources in support of our national security; (2) to review such policies and programs con- tinuously and to make such changes therein from time to time as may be desirable; (3) to formulate and revise such policies and programs with a view to meeting requirements for manpower, supplies, and materials with minimum dis- ruption of the civilian economy of the Nation; (4) to prepare and maintain an inventory of the natural resources of the Nation and adequate information on the manpower, resources, and productive facilities 13 of the Nation; 14 (5) to formulate policies and programs for the 15 purpose of maintaining adequate reserves of strategic 16 materials and conserving our basic resources; and ? 17 (6) to report the conclusions reached with respect 18 to such policies and programs to the Council for ap- 19 propriate action. 20 (c) The Board shall have a staff to be headed by an 21 executive secretary who shall be appointed from civilian life 22. by the President, by and with the advice and consent of 23 the Senate, and shall receive compensation at the rate of 24 $10,000 per annum. The executive secretary shall prepare 25 the agenda of the Board and shall have the duty of provid- Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 .~28 -1 ing data essential to its deliberations and distributing its 2 conclusions to the departments and agencies concerned for 3 information and appropriate action. The executive secretary 4 shall perform such other duties as may be prescribed by the 5 Board or the Chairman thereof. :6 (d) The Board shall report annually to the Council of 7 Common Defense an account of the work done by it. 8 TITLE III---MISCELLANEOUS 9 ADVISORY PERSONNEL 10 SEc. 301. (a) The Secretary of Common Defense is 11 authorized to employ such part-time advisory personnel as 12 he may deem necessary to carry out his duties and the objec- 13 tives of title I. The executive secretaries of the Council of 14 Common Defense and the National Security Resources 15 Board and the Director of the Central Intelligence Agency 16 are each authorized to employ the services of such 17 part-time advisory personnel (including persons serving 18 as members of advisory boards or committees) as they 21 may deem necessary to carry out their respective duties. Persons so engaged :shall be reimbursed for their necessary travel and other expenses and may be uncompensated or 22 may receive compensation at a rate not to exceed $25 23 for each day of service. 24 (b), Persons so employed in a part-time advisory ca- -pa may serve as such without regard to sections 109 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 29 1 and 113 of the Criminal Code (U. S. C., title 18, secs. 198 2 and 203), and section 19 (e) of the Contract Settlement 3 Act of 1944 (U. S. C., title 41, sec. 119), except insofar as such sections may prohibit any such person from receiv- ing compensation in respect of any particular matter which directly involves the Department, council, board, or agency which such person is advising or in which such Department, council, board, or agency is directly interested. PERMANENT PERSONNEL SEC. 302. The executive secretaries of the Council of Common Defense and the National Security Resources 12 Board and the Director of the Central Intelligence 13 Agency are each authorized to appoint and fix the com- 14 pensation of such personnel as may be necessary to perform 15 their respective duties and as may be appropriated for from 16- time to time by the Congress. Such appointments shall be 17 made and such compensation shall be fixed in accordance 18 with the provisions of the civil-service laws and the Classi- 19 fication Act of 1923, as amended. 20 RULES AND REGULATIONS 21 SEC. 303. The Council of Common Defense, the Cen- 22 tral Intelligence Agency, and the National Security Re- 23 sources Board are each authorized to make such rules and 24 regulations as may be necessary to enable them to carry out 25 the duties imposed upon them by this Act. Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3 0 q r~ Approved For Release 2000/08/23 : CIA-RDP64-00658A000100030011-3