(c) Utilization of Government resources and facilities. In performing his functions, the Director of the Office of Emergency Preparedness shall utilize to the maximum extent the facilities and resources of the departments and agencies of the Government. (July 26, 1947, ch. 343, title I, § 103, 61 Stat. 499; Oct. 15, 1949, ch. 695, § 3, 63 Stat. 880; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; 1950 Rorg. Plan No. 25, § 1, eff. July 9, 1950, 15 F.R. 4366, 64 Stat. 1280; Sept. 3, 1954, ch. 1263, § 50, 68 Stat. 1244.) REFERENCES IN TEXT The civil-service laws, referred to in subsec. (a), are classified to Title 5, Government Organization and Employees. AMENDMENTS 1954 -Act Sept. 3, 1954, eliminated former subsec. (a) relating to establishment of National Security Resources Board, and to reletter former subsecs. (b)-(d) to be subsecs. (a)—(c). 1949-Former subsec. (a). Act Oct. 15, 1949, increased compensation of former Chairman of the National Security Resources Board from $14,000 to $17,500 per annum. Former subsec. (b). Act Oct. 28, 1949, substituted the "Classification Act of 1949" for the "Classification Act of 1923, as amended", which, for purposes of codification, has been translated as "chapter 51 and subchapter III of chapter 53 of Title 5". CHANGE OF NAME In former subsecs. (b)—(d), "Board" was changed to "Chairman of the Board" and "its" to "his" by 1950 Reorg. Plan No. 25, set out as a note under this section. TRANSFER OF FUNCTIONS "Office of Emergency Preparedness" has been substituted for "National Security Resources Board", as originally enacted, pursuant to Reorg. Plan No. 3 of 1953, 18 F.R. 3375, 67 Stat. 634 and Reorg. Plan No. 1 of 1958, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, set out in the Appendix to Title 5, Government Organization and Employees; Pub. L. 85-763, Aug. 26, 1958, 72 Stat. 681; Pub. L. 87-296, Sept. 22, 1961, 75 Stat. 630; Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194, which changed the name of the office, consecutively, to the Office of Defense Mobilization, the Office of Civil and Defense Mobilization, Office of Emergency Planning, and Office of Emergency Preparedness. See notes below. All functions of the Director of the Office of Defense Mobilization were transferred to the Director of the Office of Civil and Defense Mobilization, and the offices of the Director and Deputy Director of the Office of Defense Mobilization were abolished, by 1958 Reorg. Plan No. 1, as amended by Pub. L. 85-763, Aug. 26, 1958. 72 Stat. 681; Pub. L. 87-296, § 1, Sept. 22, 1961, 75 Stat. 630, and the Federal Civil Defense Administration was consolidated with the Office of Defense Mobilization to form the Office of Emergency Planning in the Executive Office of the President by section 2 of 1958 Reorg. Plan No. 1. OFFICE OF EMERGENCY PLANNING Section 2 of Pub. L. 87-296, Sept. 22, 1961, 75 Stat. 630, provided that: "Any reference in any other law to the Office of Civil and Defense Mobilization shall, after the date of this Act [Sept. 22, 1961], be deemed to refer to the Office of Emergency Planning." OFFICE OF EMERGENCY PREPAREDNESS The name of the Office of Emergency Planning was changed to the Office of Emergency Preparedness by Pub. L. 90-608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194, with references in any other law to the Office of Emergency Planning to be deemed, after Oct. 21, 1968, references to the Office of Emergency Preparedness. 1950 REORGANIZATION PLAN NO. 25 Eff. July 9, 1950, 15 F. R. 4366, 64 Stat. 1280 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 9, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949. 47-500 0-71-Vol. 11- -6 NATIONAL SECURITY RESOURCES BOARD § 1. FUNCTIONS OF CHAIRMAN AND OF Board The functions of the National Security Resources Board are hereby transferred to the Chairman of the National Security Resources Board, and the Board shall hereafter advise and consult with the Chairman with respect to such matters within his jurisdiction as he may request. § 2. VICE CHAIRMAN There is hereby established the office of Vice Chairman of the National Security Resources Board. Such Vice Chairman shall (1) be an additional member of the National Security Resources Board, (2) be appointed from civilian life by the President, by and with the advice and consent of the Senate, (3) receive compensation at the rate of $16,000 per annum, and (4) perform such of the duties of the Chairman as the Chairman shall designate. § 3. PERFORMANCE OF FUNCTIONS OF CHAIRMAN The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the National Security Resources Board of any function of the Chairman. REORGANIZATION PLAN NO. 3 OF 1953 18 F. R. 3375, 67 Stat. 634 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 2, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended. OFFICE OF DEFENSE MOBILIZATION § 1. ESTABLISHMENT OF OFFICE (a) There is hereby established in the Executive Office of the President a new agency which shall be known as the Office of Defense Mobilization, hereinafter referred to as the Office. (b) There shall be at the head of the Office a Director of the Office of Defense Mobilization, hereinafter referred to as the Director, who shall be appointed by the President by and with the advice and consent of the Senate and shall receive compensation at the rate of $22,500 per annum. (c) There shall be in the Office a Deputy Director of the Office of Defense Mobilization, who shall be appointed by the President, by and with the advice and consent of the Senate, shall receive compensation at the rate of $17,500 per annum, shall perform such functions as the Director shall designate, and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the office of the Director. § 2. TRANSFER OF FUNCTIONS There are hereby transferred to the Director: (a) All functions of the Chairman of the National Security Resources Board, including his functions as a member of the National Security Council, but excluding the functions abolished by section 5 (a) of this reorganization plan. (b) All functions under the Strategic and Critical Materials Stock Piling Act, as amended [section 98 et seq. of this title], vested in the Secretaries of the Army, Navy, Air Force, and Interior or in any of them or in any combination of them, including the functions which were vested in the Army and Navy Munitions Board by the item No. (2) in section 6 (a) of the said act (60 Stat. 598) [section 98e (a) (2) of this title], but excluding functions vested in the Secretary of the Interior by section 7 of said act [section 98f of this title]. (c) The functions vested in the Munitions Board by section 4 (h) of the Commodity Credit Corporation Charter Act, as amended [section 714b (h) of Title 15], and by section 204 (e) of the Federal Property and Administrative Services Act of 1949 [section 485 (c) of Title 40]. (d) All functions now vested by any statute in the Director of Defense Mobilization or in the Office of Defense Mobilization provided for in Executive Order No. 10193 (15 F. R. 9031) [set out as a note under section 2153 of Appendix to this title]. § 3. PERFORMANCE OF TRANSFERRED FUNCTIONS (a) The Director may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Office, of any function of the Director, exclusive of the function of being a member of the National Security Council. (b) When authorized by the Director, any function transferred to him by the provisions of this reorganization plan (exclusive of the function of being a member of the National Security Council) may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate. (c) In addition to the representatives who by virtue of the last sentence of section 2 (a) of the Strategic and Critical Materials Stock Piling Act, as amended [section 98a (a) of this title], and section 2 of this reorganization plan are designated to cooperate with the Director, the Secretary of Defense, the Secretary of the Interior, and the heads of such other agencies having functions regarding strategic or critical materials as the Director shall from time to time designate, shall each designate representatives who shall similarly cooperate with the Director. § 4. RECORDS, PROPERTY, PERSONNEL, AND FUNDS There shall be transferred with the functions transferred by this reorganization plan from the Chairman of the National Security Resources Board and the Department of Defense, respectively, so much of the records, property, personnel, and unexpended balances of appropriations, allocations, and other funds, used, held, employed, available, or to be made available in connection with the said functions, as the Director shall determine to be required for the performance of the transferred functions by the Office, but all transfers from the Department of Defense under the foregoing provisions of this section shall be subject to the approval of the Secretary of Defense. § 5. ABOLITION OF FUNCTIONS (a) The functions of the Chairman of the National Security Resources Board under section 18 of the Universal Military Training and Service Act [section 468 of Appendix to this title], as affected by Reorganization Plan No. 25 of 1950 (64 Stat. 1280) [set out as a note under this section], with respect to being consulted by and furnishing advice to the President as required by that section, are hereby abolished. (b) So much of the functions of the Secretary of Defense under section 202 (b) of the National Security Act of 1947, as amended, as consists of direction, authority, and control over functions transferred by this reorganization plan is hereby abolished. (c) Any functions which were vested in the Army and Navy Munitions Board or which are vested in the Munitions Board with respect to serving as agent through which the Secretaries of the Army, Navy, Air Force, and Interior jointly act, under section 2 (a) of the Strategic and Critical Materials Stock Piling Act, as amended, are hereby abolished. SEC. 6. ABOLITION OF NATIONAL SECURITY RESOURCES BOARD The National Security Resources Board (established by the National Security Act of 1947, 61 Stat. 499 [this section]), including the offices of Chairman and ViceChairman of the National Security Resources Board, is hereby abolished, and the Director shall provide for winding up any outstanding affairs of the said Board or offices not otherwise provided for in this reorganization plan. ABOLITION OF BOARD Section 6 of 1953 Reorg. Plan No. 3, eff. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out as a note under this section, abolished the National Security Resources Board established by this section. Section 2(a) of that Plan transferred, with certain exceptions, the functions of the Chairman of the Board to the Director of the Office of Defense Mobilization. EXECUTIVE Order No. 10438 Ex. Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491, which related to the transfer of functions to the Director of Defense Mobilization, was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, set out as a note under section 2271 of this Appendix to this title. Ex. ORD. No. 10421. PHYSICAL SECURITY OF DEFENSE Ex. Ord. No. 10421, Dec. 31, 1952, 18 F. R. 57, as amended by Ex. Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, provided: SECTION 1. As used in the following sections of this order: (a) The word "facilities" means those Governmentowned and privately-owned plants, mines, facilities (including buildings occupied in whole or in part by any Federal agency), materials, products, and processes, and those Government-provided and privately-provided services, which are of importance to defense mobilization, defense production, or the essential civilian economy and are located or provided in the continental United States or in the Territories or possessions of the United States: Provided, That the Director of the Office of Emergency Planning may, upon proper notice to affected Federal agencies, from time to time amend the foregoing definition of "facilities," with respect to any or all parts of this order, as he shall deem to be compatible with the purposes of this order. (b) The term "physical security" means security against sabotage, espionage, and other hostile activity and other destructive acts and omissions, but excludes security attributable to operations of military defense or combat and excludes also activities with respect to the dispersal and post-attack rehabilitation of facilities. (c) The word "Director" means the Director of the Office of Emergency Planning. SEC. 2. With a view toward the maintenance of essential production and the security of the United States, to the extent permitted by law, and subject to the provisions of this order, Federal agencies shall develop and execute programs and measures for the physical security of facilities within the cognizance of such agencies, respectively. SEC. 3. (a) In addition to carrying out the functions conferred upon him by law, the Director shall supervise and bring into harmonious action the programs and measures referred to in section 2 of this order. (b) More particularly, the Director shall from time to time: (1) Prescribe policies and programs governing the activities of Federal agencies with respect to the physical security of facilities, including the activities involved in carrying out section 4 (a) hereof (respecting security ratings). (2) With the advice and assistance of appropriate Federal agencies, develop and promulgate standards of physical security to be applicable to facilities, which standards shall as far as practicable accommodate differences in degrees and types of physical security required, different categories of facilities, different security ratings, and such other considerations as may be pertinent. (3) Assign facilities to Federal agencies, insofar as deemed practicable by the Director on the basis of the interests and general cognizance of agencies, for the performance by such agencies of the following functions, subject to the direction of the Director: (A) the furnishing of advice to the management or owner of a facility with respect to developing and administering the physical security program thereof; (B) in consultation with the management or owner of a facility and with other technically qualified persons, the development of physical security measures for such facility and, when necessary, the authorization of standards of physical security therefor which differ from the standards prescribed under section 3 (b) (2) hereof; (C) such supervision as may be appropriate of the application of physical security measures to assigned facilities; (D) the furthering, by other measures designated by the Director, of the physical security of assigned facilities; and (E) the appraisal of the adequacy and efficiency of the physical security measures taken. (4) Approve or revise security ratings established under section 4 (a) hereof and transmit the security ratings so approved or revised to agencies assigned facilities under section 3 (b) (3) hereof. The Chairman may make any approved or revised security rating available to Federal agencies other than the agency to which a facility concerned is assigned, for such uses related to the maintenance of production or the national security as the Chairman may approve. (5) Review the physical security programs and measures of Federal agencies as to effectiveness and as to conformity with the policies and directives of the Chairman under this order. (6) Obtain from Federal agencies reports, recommendations, and information deemed by the Chairman to be essential to the discharge of his responsibilities under this order. (7) Consult with Federal agencies having responsibilities related to functions set forth in this order, for the purpose of furthering coordination of policies and activities; and develop, and report to the President concerning, programs which properly relate the physical security of facilities and other measures designed to maintain and restore essential productive capability. (8) Make available, or cause to be made available, to Federal agencies such of the information developed in connection with carrying out section 4 (a) hereof as the Chairman deems to be needed by those agencies in connection with the physical security of facilities or other aspects of the maintenance of production. (9) Keep the President informed as may be necessary concerning the matters encompassed by this order and furnish him such recommendations as may be appropriate, including recommendations as to actions necessary to strengthen the program provided for in this order. (10) Consistent with law, establish such advisory bodies as the Chairman may deem necessary to assist him in carrying out his functions under this order. SEC. 4. (a) The Secretary of Commerce shall from time to time establish and transmit to the Director security ratings of facilities, based on the relative importance thereof to defense mobilization, defense production, and essential civilian economy. (b) In carrying out section 4 (a) hereof, the Secretary of Commerce shall consult with Federal agencies as may be appropriate. (c) To the extent necessary for the performance of functions under section 4 (a) hereof, Federal agencies which have, or can best obtain, data on plant locations, plant capacities, production, service industries, technical processes, and production requirements, and other similar information shall make available to the Secretary of Commerce such data and information. In the event of any disagreement with respect to making data or information available under this section 4 (c), the Director shall resolve such disagreement and the decision of the Director shall be final. (d) The Industry Evaluation Board is continued and shall, to such extent and in such manner as the Secretary of Commerce may direct, assist the Secretary in carrying out the functions of the Secretary under section 4 (a) hereof. The Secretary, with the approval of the Director, may from time to time alter the composition of the said Board. There is hereby terminated the nowexisting Presidentially approved assignment of functions to the said Board. SEC. 5. Each Federal procurement agency which obtains In connection with its procurement contracts agreements requiring contractors to provide physical security measures for their facilities shall provide in such agency for the review of such agreements. The purpose of such review shall be to assure conformity of the physical security measures required by the agreements with the standards prescribed under section 3 (b) (2) hereof. SEC. 6. (a) The Facilities Protection Board is transferred to the jurisdiction of the Director. Existing arrangements concerning the physical location of and administrative support for the Board may be continued. (b) The Facilities Protection Board shall hereafter consist of one representative of each of the following Each agencies, namely, the Departments of Defense, Commerce, Interior, and Labor, the Atomic Energy Commission, the Office of Emergency Planning, and such other agencies as the Director may from time to time designate. such representative shall be designated by the head of the agency he is to represent. Each person who is now a member of the Board may continue as a member without the necessity of redesignation by reason of this order. The Director of the Office of Emergency Planning shall from time to time designate from among the members of the Board a Chairman of the Facilities Protection Board. (c) The Board shall assist and advise the Director in carrying out the functions vested in him by this order. There is hereby terminated the now-existing Presidentially approved assignment of functions to the Board. SEC. 7. (a) The programs and measures provided for in this order with respect to the physical security of facilities shall be supplementary to, and not in substitution for, similar or related activities carried on by state and local authorities and by private enterprise. This order shall not be deemed to place in the Federal Government the primary responsibility for the physical security of privately-owned facilities or of facilities owned by any state, any political subdivision of any state, or any intergovernmental body. (b) This order shall not be deemed to govern activities with respect to the post-attack immediately essential emergency repair or restoration of damaged vital facilities (64 Stat. 1247; 50 U.S.C. App. 2252 (b)), except that the Office of Emergency Planning and the Director shall effect appropriate coordination of the said activities and functions carried out under this order. (c) This order shall not extend to any facility of or under the cognizance of the Atomic Energy Commission, except those parts of any such facility which are not the responsibility of the said Commission. (d) This order shall not extend to Federally-owned military posts, camps, stations, arsenals, or other comparable facilities under military command. The Director may exclude partly or wholly from the operation of this order any other facility under the cognizance of the Department of Defense, except that the Department shall advise and consult with the Director concerning the physical security of any facility so excluded. The provisions of this order shall not be deemed to apply to military defense or combat, except that the Director and the Secretary of Defense shall effect appropriate coordination of the functions carried out under this order and of operations of military defense or combat affecting facilities. (e) Nothing in this order shall be deemed to confer on any Federal agency investigative functions exercised by any Federal agency represented in the Interdepartmental Intelligence Conference or to alter or modify any function of the said Conference. (f) Nothing in this order shall be deemed to affect the responsibilities now assigned to the Interdepartmental Committee on Internal Security, except that there shall be governed by this order, (A) the Facilities Protection Board and the Industry Evaluation Board and their functions and supervision, (B) the prescription of standards of physical security of facilities, (C) the making of security ratings respecting facilities, and (D) the assignment of facilities to Federal agencies for the performance by them of physical security functions and the conduct by the said agencies of physical security functions respecting facilities assigned to them, respectively. Ex. ORD. No. 10169 Ex. Ord. No. 10169, Oct. 13, 1950, 15 F.R. 6901, which provided for a National Advisory Committee on Mobilization Policy, was revoked by Ex. Ord. No. 10480, Aug. 18, 1953, 18 F.R. 4939, set out as a note under section 2153 of the Appendix to this title. Ex. ORD. No. 9905 Ex. Ord. No. 9905, Nov. 14, 1947, 12 F.R. 7613, as amended by Ex. Ord. No. 9931, Feb. 19, 1948, 13 F.R. 763, provided for membership of the former National Security Resources Board and defined the functions, duties and authority of the Chairman of the Board. § 405. Advisory Committees; appointment; compensation of part-time personnel; applicability of other laws. (a) The Director of the Office of Emergency Preparedness, the Director of Central Intelligence, and the National Security Council, acting through its Executive Secretary, are authorized to appoint such advisory committees and to employ, consistent with other provisions of this Act, such part-time advisory personnel as they may deem necessary in carrying out their respective functions and the functions of agencies under their control. Persons holding other offices or positions under the United States for which they receive compensation, while serving as members of such committees, shall receive no additional compensation for such service. Other members of such committees and other part-time advisory personnel so employed may serve without compensation or may receive compensation at a rate not to exceed $50 for each day of service, as determined by the appointing authority. (b) Service of an individual as a member of any such advisory committee, or in any other part-time capacity for a department or agency hereunder, shall not be considered as service bringing such individual within the provisions of sections 281, 283, or 284 of Title 18, unless the act of such individual, which by such section is made unlawful when performed by an individual referred to in such section, is with respect to any particular matter which directly involves a department or agency which such person is advising or in which such department or agency is directly interested. (July 26, 1947, ch. 343, title III, § 303, 61 Stat. 507; Aug. 10, 1949, ch. 412, § 10 (c), 63 Stat. 585; Sept. 3, 1954, ch. 1263, § 8, 68 Stat. 1228.) REFERENCES IN TEXT This Act, referred to in text, was the National Security Act of 1947, and was classified to this chapter and chapter 4 of Title 10, Armed Forces. CODIFICATION Similar provisions which authorized the Secretary of Defense to appoint Advisory Committees, formerly classified to section 1711 of former Title 5, Executive Departments and Government Officers and Employees, were repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, and are now covered by section 173 of Title 10, Armed Forces. AMENDMENTS 1954 Act Sept. 3, 1954, substituted the "Director of the Office of Defense Mobilization" for "Chairman of the National Security Resources Board" in subsec. (a), and substituted "sections 281, 283 or 284 of Title 18" for "sections 198 or 203 of Title 18 or section 119 (e) of Title 41". 1949-Subsec. (a). Act Aug. 10, 1949, made it also applicable to the National Security Council, and to increase the per diem payable to consultants from $35 to $50. TRANSFER OF FUNCTIONS "Office of Emergency Preparedness" has been substituted for "National Security Resources Board", as originally enacted, pursuant to Reorg. Plan No. 3 of 1953, 18 F.R. 3375, 67 Stat. 634 and Reorg. Plan No. 1 of 1958, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, set out in the Appendix to Title 5, Government Organization and Employees; Pub. L. 85-763, Aug. 26, 1958, 72 Stat. 681; Pub. L. 87-296, Sept. 22, 1961, 75 Stat. 630; Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194, which changed the name of the office, consecutively, to the Office of Defense Mobilization, the Office of Civil and Defense Mobilization, Office of Emergency Planning, and Office of Emergency Preparedness. See notes under section 404 of this title. The National Security Council transferred to the Executive Office of the President by 1949 Reorg. Plan No. 4, eff. Aug. 19, 1949, 14 F. R. 5227, 63 Stat. 1067. See note set out under section 402 of this title. All functions of the Director of the Office of Defense Mobilization were transferred to the Director of the Office of Civil and Defense Mobilization, and the offices of the Director and Deputy Director of the Office of Defense Mobilization were abolished, by 1958 Reorg. Plan No. 1, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799 as amended by Pub. L. 85-763, Aug. 26, 1958, 72 Stat. 861, set out in the Appendix to Title 5, Government Organization and Employees. § 406. Same; increase in per diem compensation. CODIFICATION Section, act June 24, 1948, ch. 632, 62 Stat. 648, which related to the authority of the former Chairman of the National Security Resources Board to appoint advisory committee members and part-time advisory personnel at rates up to $50 per day, has been omitted as superseded by section 405(a) of this title. § 407. Study or plan of surrender; use of appropriations. No part of the funds appropriated in any act shall be used to pay (1) any person, firm, or corporation, or any combinations of persons, firms, or corporations, to conduct a study or to plan when and how or in what circumstances the Government of the United States should surrender this country and its people to any foreign power, (2) the salary or compensation of any employee or official of the Government of the United States who proposes or contracts or who has entered into contracts for the making of studies or plans for the surrender by the Government of the United States of this country and its people to any foreign power in any event or under any circumstances. (Pub. L. 85-766, ch. XVI, § 1602, Aug. 27, 1958, 72 Stat. 884.) CODIFICATION Section was not enacted as part of the National Security Act of 1947, which comprises this chapter. § 408. Applicable laws. Except to the extent inconsistent with the provisions 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. (July 26, 1947, ch. 343, title II, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579.) REFERENCES IN TEXT This Act, referred to in the text, means the National Security Act of 1947, act July 26, 1947, which was classified to this chapter and chapter 4 of Title 10, Armed Forces. For classification of title IV of the Revised Statutes, see Distribution Tables. CODIFICATION Section is from subsec. (d) of section 201 of act July 26, 1947, as amended by act Aug. 10, 1949. Subsecs. (a) and (b) of section 201 were classified to section 171 of former Title 5, and subsec. (c) comprised section 1 of former Title 5. § 409. Definitions of military departments. (a) 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 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 Act 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, 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. (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 the government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Air Force. (July 26, 1947, ch. 343, title II, §§ 205(c), 206(a), 207(c), 61 Stat. 501, 502.) REFERENCES IN TEXT This Act, referred to in the text, means the National Security Act of 1947, act July 26, 1947 which is classified to this chapter and chapter 4 of Title 10, Armed Forces. CODIFICATION Section comprises subsec. (c) of section 205, subsec. (a) of section 206, and subsec. (c) of section 207 of act July 26, 1947, which are set out as subsecs. (a)-(c) of this section, respectively. REFERENCES IN TEXT This Act, referred to in text, means the National Security Act of 1947, act July 26, 1947, which is classified to this chapter and chapter 4 of Title 10, Armed Forces. § 412. Repealing and saving provisions. All laws, orders, and regulations inconsistent with the provisions of this title are repealed insofar as they are inconsistent with the powers, duties, and responsibilities enacted hereby: Provided, That the powers, duties, and responsibilities of the Secretary of Defense under this title shall be administered in conformance with the policy and requirements for administration of budgetary and fiscal matters in the Government generally, including accounting and financial reporting, and that nothing in this title shall be construed as eliminating or modifying the powers, duties, and responsibilities of any other department, agency, or officer of the Government in connection with such matters, but no such department, agency, or officer shall exercise any such powers, duties, or responsibilities in a manner that will render ineffective the provisions of this title. (July 26, 1947, ch. 343, title IV, § 411, as added Aug. 10, 1949, ch. 412, § 11, 63 Stat. 585.) Sec. 453. 454. (a) As used in this Act, the term "function" includes functions, powers, and duties. (b) As used in this Act, the term "Department of Defense" shall be deemed to include the military departments of the Army, the Navy, and the Air Force, and all agencies created under title II of this Act. (July 26, 1947, ch. 343, title III, § 308, 61 Stat. 509; Aug. 10, 1949, ch. 412, § 12(e), 63 Stat. 591.) PARTIAL REPEAL Section 307A of Pub. L. 87-651, title III, Sept. 7, 1962, 76 Stat. 526, repealed subsection (a) of this section less its applicability to sections 401405 of this title. See references in text note hereunder. REFERENCES IN TEXT This Act, referred to in subsec. (a), means the National Security Act, of 1947, which was classified to this chapter and chapter 4 of Title 10, Armed Forces. Title II of this Act, referred to in subsec. (b), means title II of the National Security Act of 1947, act July 26, 1947. For distribution of that title, see Distribution Tables. AMENDMENTS 1949-Subsec. (b). Act Aug. 10, 1949, substituted definition of "Department of Defense", for definition of "budget program". EFFECTIVE DATE Section 310(a) of act July 26, 1947, provided in part that this section became effective on July 26, 1947. § 411. Appropriations. There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this Act. (July 26, 1947, ch. 343, title III, § 307, 61 Stat. 509.) Chapter 16.-NATIONAL INDUSTRIAL RESERVES Congressional declaration of purpose and policy. Powers and duties of Secretary of Defense. Plant disposal; modification of national security clause; transfer to Administrator of General Services; machine tools. 455. Acceptance of plants by Administrator of General Services; disposition; conditions of lease. Powers of Secretary of Defense respecting property in national industrial reserve. 456. 457. 458. 459. 460. 461. 462. Transportation, maintenance, disposition, etc., by Administrator of General Services of transferred property. Limitation on acquisition of property. Industrial Reserve Review Committee; composi- Duties of Committee; recommendations. § 451. Congressional declaration of purpose and policy. In enacting this chapter, it is the intent of Congress to provide a comprehensive and continuous program for the future safety and for the defense of the United States by providing adequate measures whereby an essential nucleus of Government-owned industrial plants and a national reserve of machine tools and industrial manufacturing equipment may be assured for immediate use to supply the needs of the armed forces in time of national emergency or in anticipation thereof; it is further the intent of the Congress that such Government-owned plants and such reserve shall not exceed in number or kind the minimum requirements for immediate use in time of national emergency, and that any such items which shall become surplus to such requirements shall be disposed of as expeditiously as possible. (July 2, 1948, ch. 811, § 2, 62 Stat. 1225.) |