U .S. Title 50War and National Defense, Chapter 15National Security contains, in one place, a collation of most of the law as it pertains to the Central Intelligence Agency. Most people who write about the CIA and who talk about the CIAindeed, many who have served with the CIAhave never read this law. It is most significant that the legislation that pertains to war and national defense is the same legislation that includes all reference to the CIA. It is almost as if the bomb contained its own live fuse or the gun came with the trigger cocked for action. As we have seen, during the past twenty-five years the CIA has become the active agent that ignites the military establishment whenever that great mass becomes supercritical.
Fundamental to the whole concept and character of the CIA is the statement of the five powers and duties, which appears in Section 403 (d). This is a precise, clear, and unequivocal delineation of what Congress and the President wanted the Central Intelligence Agency to be. The language of the law has never been substantively altered; yet in practice the CIA and its Secret Team mentors have changed it beyond recognition. (This appendix includes all important material relevant to the CIA from the National Security Act.)
401. Congressional declaration of purpose
In enacting this legislation, it is the intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establishment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; to provide a Department of Defense, including the three military Departments of the Army, the Navy (including naval aviation and the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of Defense; to provide that each military department shall be separately organized under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense; to provide for their unified direction under civilian control of the Secretary of Defense, but not to merge these departments or services; to provide for the establishment of unified or specified combatant commands, and a clear and direct line of command to such commands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its overall direction and control in the Secretary of Defense; to provide more effective, efficient, and economical administration in the Department of Defense; to provide for the unified strategic direction of the combatant forces, for their operation under unified command, and for their integration into an efficient team of land, naval, and air forces but not to establish a single Chief of Staff over the armed forces nor an overall armed forces general staff. ( July 6, 1947, ch. 343, 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, 2, 63 Stat. 579; Aug. 6, 1958, Pub. L. 85599, 2, 72 Stat. 514)
402. National Security Council
(a) Establishment, presiding officer; functions, composition
There is established a council to be known as the National Security Council (hereinafter in this section referred to as the Council).
The President of the United States shall preside over meetings of the Council: Provided , That in his absence he may designate a member of the Council to preside in his place.
The function of the Council shall be to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security.
The Council shall be composed of
- the President;
- the Vice President;
- the Secretary of State;
- the Secretary of Defense;
- the Director for Mutual Security;
- The Chairman of the National Security Resources Board; and
- the Secretaries and Under Secretaries of other executive departments and of the military departments, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure.
(b) Additional functions
In addition to performing such other functions as the President may direct, for the purpose of more effectively coordinating the policies and functions of the departments and agencies of the Government relating to the national security, it shall, subject to the direction of the President, be the duty of the Council
- to assess and appraise the objectives, commitments, and risks of the United States in relation to our actual and potential military power, in the interest of national security, for the purpose of making recommendations to the President in connection therewith; and