50 U.S.C. § 3004 — Definitions of military departments

Page 561 TITLE 50—WAR AND NATIONAL DEFENSE § 3004 ‘‘(A) the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence and the Committee on Appropriations of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).’’ Pub. L. 116–92, div. E, § 5003, Dec. 20, 2019, 133 Stat. 2115, provided that: ‘‘In this division [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the Na- tional Security Act of 1947 (50 U.S.C. 3003). ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).’’ Pub. L. 115–31, div. N, § 2, May 5, 2017, 131 Stat. 807, provided that: ‘‘In this division [see Tables for classi- fication]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).’’ Pub. L. 114–113, div. M, § 2, Dec. 18, 2015, 129 Stat. 2910, provided that: ‘‘In this division [see Tables for classi- fication]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).’’ Pub. L. 113–293, § 2, Dec. 19, 2014, 128 Stat. 3991, pro- vided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).’’ Pub. L. 113–126, § 2, July 7, 2014, 128 Stat. 1391, pro- vided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).’’ Pub. L. 112–87, § 2, Jan. 3, 2012, 125 Stat. 1877, provided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)].’’ Pub. L. 112–18, § 2, June 8, 2011, 125 Stat. 224, provided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)].’’ Pub. L. 111–259, § 2, Oct. 7, 2010, 124 Stat. 2656, provided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)].’’ Executive Documents DELEGATION OF FUNCTIONS For assignment of function of President under par. (5)(A) of this section to Director of National Intel- ligence, see Ex. Ord. No. 12333, § 1.3(a)(1), Dec. 4, 1981, 46 F.R. 59941, as amended, set out as a note under section 3001 of this title. § 3004. Definitions of military departments (a) The term ‘‘Department of the Army’’ as used in this chapter shall be construed to mean the Department of the Army at the seat of the government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Army. (b) The term ‘‘Department of the Navy’’ as used in this chapter shall be construed to mean the Department of the Navy at the seat of the 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, includ- ing the reserve components of such forces; all field activities, headquarters, forces, bases, in- stallations, 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. (c) The term ‘‘Department of the Air Force’’ as used in this chapter shall be construed to mean the Department of the Air Force at the seat of the government and all field head- quarters, forces, reserve components, installa- tions, activities, and functions under the control or supervision of the Department of the Air Force. (July 26, 1947, ch. 343, title II, §§ 205(b), 206, 207, formerly §§ 205(c), 206(a), 207(c), 61 Stat. 501, 502; Page 562 TITLE 50—WAR AND NATIONAL DEFENSE § 3005 renumbered §§ 205(b), 206, 207, Pub. L. 116–92, div. E, title LXVII, § 6742(b)(7)–(9), Dec. 20, 2019, 133 Stat. 2240.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION A former section 205(b) of act July 26, 1947, ch. 343, title II, 61 Stat. 501, which deemed laws, orders, and regulations applicable to the Department of War to be applicable to the newly designated Department of the Army, was classified to section 181–1(b) of former Title 5, Executive Departments and Government Officers and Employees, prior to being omitted from the Code upon the enactment of Title 10, Armed Forces, by act Aug. 10, 1956. Section 205(b) of act July 26, 1947, was subse- quently redesignated as section 205(a) of that Act by Pub. L. 116–92, div. E, title LXVII, § 6742(b)(7), Dec. 20, 2019, 133 Stat. 2240. Section was formerly classified to section 409 of this title prior to editorial reclassification and renumbering as this section, and to section 171–2 of Title 5 prior to the general revision and enactment of Title 5, Govern- ment Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior to the enactment of Title 10, Armed Forces, by act Aug. 10, 1956, subsecs. (a), (b), and (c) of this section were classified to sections 181–1(c), 411a(a), and 626(c), respectively, of former Title 5. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 3005. Department of Defense Except to the extent inconsistent with the provisions of this chapter or other provisions of law, the provisions of title 5 shall be applicable to the Department of Defense. (July 26, 1947, ch. 343, title II, § 201, as added Pub. L. 116–92, div. E, title LXVII, § 6742(b)(6), Dec. 20, 2019, 133 Stat. 2240.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section 6742(b)(6) of Pub. L. 116–92, which directed the general amendment of section 201 of act July 26, 1947, ch. 343, was executed by adding a new section 201 to the Act and classifying it to this section, in light of the re- peal of former section 201 by Pub. L. 87–651, § 307, Sept. 7, 1962, 76 Stat. 526. PRIOR PROVISIONS A prior section 3005, act July 26, 1947, ch. 343, title II, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579, which applied the provisions of title 4 of the Revised Statutes to the Department of Defense, except to the extent inconsistent with the provisions of this chapter, was technically repealed by Pub. L. 87–651, § 307, Sept. 7, 1962, 76 Stat. 526, but continued to be set out as this section prior to the enactment of Pub. L. 116–92. A prior section 201 of act July 26, 1947, ch. 343, title II, as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579, which established the Department of Defense as an Executive Department and established within it the various mili- tary departments, consisted of subsecs. (a) and (b), clas- sified to section 171 of former Title 5, Executive De- partments and Government Officers and Employees; subsec. (c), classified to section 1 of former Title 5; and subsec. (d), classified first to section 171–1 of former Title 5, then to section 408 of this title, and finally to this section (see note above). Section 201 was repealed by Pub. L. 87–651, § 307, Sept. 7, 1962, 76 Stat. 526. § 3006. Transferred Editorial Notes CODIFICATION Section, act July 26, 1947, ch. 343, title III, § 312, for- merly title IV, § 411, as added Aug. 10, 1949, ch. 412, § 11, 63 Stat. 590; renumbered title III, § 312, Pub. L. 116–92, div. E, title LXVII, § 6742(b)(11), Dec. 20, 2019, 133 Stat. 2240, which related to repealing and savings provisions, was transferred to section 3078 of this title. SUBCHAPTER I—COORDINATION FOR NATIONAL SECURITY § 3021. National Security Council (a) National Security Council There is a council known as the National Se- curity Council (in this section referred to as the ‘‘Council’’). (b) Functions Consistent with the direction of the President, the functions of the Council shall be to— (1) advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the Armed Forces and the other de- partments and agencies of the United States Government to cooperate more effectively in matters involving the national security; (2) assess and appraise the objectives, com- mitments, and risks of the United States in re- lation to the actual and potential military power of the United States, and make rec- ommendations thereon to the President; (3) make recommendations to the President concerning policies on matters of common in- terest to the departments and agencies of the United States Government concerned with the national security; and (4) coordinate, without assuming operational authority, the United States Government re- sponse to malign foreign influence operations and campaigns. (c) Membership (1) In general The Council consists of the President, the Vice President, the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Secretary of the Treasury, the Director of