EXECUTIVE DEPARTMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100100060-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 16, 2016
• Document Release Date: July 21, 2005
• Sequence Number: 60
• Content Type: BOOK

See.
131. Executive department.
132. Seal.
133. Secretary of Defense: appointment; powers and duties; del-
egation by.
134. Deputy Secretaries of Defense: appointment; powers and du-
ties; precedence.
135. Director of Defense Research and Engineering: appointment;
powers and duties; precedence.
136. Assistant Secretaries of Defense: appointment; powers and
duties; precedence.
137. General Counsel: appointment; powers and duties.
138. Secretary of Defense: Annual authorization of appropriations
for armed forces.
139. Secretary of Defense: weapons development and procurement
schedules for armed forces; reports; supplemental reports.
1973 Amendment. Pub.L. 93-155, Title 1972 Amendment. Puh.L. 92-590, ? 4(3),
VIII, ? 803(a), Nov. 16, 1973, 87 Stat. 612, Oct. 27, 1972, 88 Stat. 1318, substituted
added Items 138 and 139. "Deputy Secretaries" for "Deputy Secre-
tary" in Item 134.
? 131. Executive department
The Department of Defense is an executive department of the
United States.
Added Pub.L. 87-651, Title II, ? 202, Sept. 7,. 1962, 76 Stat. 517.
Savings and Severabllity Provisions.
Section 308 of Pub.L. 87-651 provided
that:
"(a) Laws becoming effective after
7anuary 9, 1962, that are inconsistent
with this Act [enacting sections 121 to
126, 131 to 137, 687, 718, 1168, 1580, 2203 to
2211, 2358, 2634, 2679, 2680, 2681, 2734a,
2734b, 3010 and 8010 of this title, amend-
ing sections 141, 280, 674, 802, 1006, 1163,
1201 to 1203, 1211, 1218, 1219, 1334, 1405,
1553, 1554, 2276, 2633, 2672, 2674, 3012, 3034,
3853, 4337, 4621, 5011, 5031, 5081, 5082, 5201,
6033, 6148, 6954, 7230, 8012, 8034, 8352, 8991,
9337 and 9821 of this title, and section 454
of Title 50, repealing sections 1220, 4:023,
4748, 6157, 9023 and 9748 of this title, sec-
tions 171, 171a, 171a-1, 171c 171c-2, 171d,
171m-1, 171n (partial), 171z-1, 172, 172b to
172h and 1744 of Title 5, s, ction 471a of
Title 14, sections 224i-2 to 224i-5 of Title
31, and erection 1016' of Title 50, and en-
acting provisions set out as notes under
this section and sections 125, 687, 1334
and 5031 of this title] shall be considered
as superseding It to the extent of the in-
consistency.
"(b) References made by other laws,
regulations and orders to the laws shall
be considered to be made to the cor-
responding provisions of this Act.
"(c) Actions taken under the replaced
law shall be considered to have been
taken under the corresponding provisions
of this Act.
"(d) The enactment of this Act, except
section 1.08 [amending section 1334 of
this title], does not increase or decrease
the pay or allowances, Including retired
and retainer pay, of any person."
Defense 31anpowei
L. 93-153, Title VII,
1973, 87 Stat. 611, ie
"See. 701 [Defensa
Mon; establishment
striction]. (a) Then
ed a commission to
fence Manpower Con
in this title referred
lion').
?' (b) The Commis:
posed of seven menu,
lows :
"(1) One membe the majority lends
"(2) Onli member
the minority leads
"(3) One member
the majority leaat
Representatives;
"(4) One member
the minority leads
Representatives; a:
"(5) Three memt
by the President.
No person may be al
mission who is a ci,
ployee of the Peden
no person may be ap
ing on active duty wl
of the United States..
"(c) The Commis,
Chairman and Vic
among its members.
"(d) Four member;
shall constitute a qu
in the Commission
powers, but shall bs
manner in which tl;
mmnt was made.
"Sec. 702 [Duties
manpower requireme:
vestigation]. It shall
Commission to condo
study and investlgal
manpower requiremci
ment of Defense on bi
long-term basis with
ing what the manpou
currently and will Ilk
ten years, and how
more effectively utill
ment of Defense. In
study and investigate
shall give special co!
"(1) tile effectIV4
civilian and active
utilized, particulars
staffing and in the
forces in relation to
"(2) whether the
eluding fringe benet
equitable at all )eve!
 1. Historical
Notes of Decisions
The Department of war [now Secretary of Defense ",
en
meat of Defense] [now Depart- 7, C. e. 7, 1 Stat. 49 In, re by Act DAug.
principal officer tile was created withth"a 1839, 38 U.S. 230, 259, 13
rein, to be called Pet 230, 1259, 10
Secretary for the Department of the I,.] . 138. See, also , 1855, 7 O
war 453, 4111
P.A1ty.Gen.
? 132.. Seal
The Secretary of Defense shall have a seal for the Department of
Defense. The design of the seal is subject to approval by the Presi-
dent. Judicial notice shall be taken of the seal.
Added Pub.L. 87-651, Title II, ? 202, Sept. 7, 1962, 76 Stat. 517.
Ifistorical Note
Legislative Hlstor'. For legislative 1962 U.S.Code Cong. and Adm.News,
history and purpose of Pub.L. 87_6;;1, see 2-156.
P.
Library References
C.J,S. Army and Navy ?l 1, 4 et seq.
133. Secretary of Defense: a
ties; delegation by pp?intment; powers and dii-
(a) There is a Secretary of Defense, who is the head of the De-
partment of Defense, appointed from civilian life by the President,
by and with the advice and consent of the Senate. A person may
not be appointed as Secretary of Defense within 10 years after re-
lief from active duty as a commissioned officer of a regular compo-
nent of an armed force.
(b) The Secretary is the principal assistant to the President in
all matters relating to the Department of Defense. Subject to the
direction of the President and to this title and section 401 of title
50, he has authority, direction, and control over the Department. of
Defense.
(c) The Secretary shall report annually in writing to the Presi-
dent and the Congress on the expenditures, work, and accomplish-
ments of the Department of Defense during the period covered by
the report, together with-
(1). a report from each military department on the expendi-
tures, work, and accomplishments of that department;
(2) itemized statements showing the savings of
public and the eliminations of unnecessary duplications, made under
section 125 of this title;
(3) a report from the Reserve Forces Policy Board on the re-
serve programs of the Department of Defense, including a re-
26
1ADD0100100060-3
MMMLVMMMMmw_P
view
573, 8
Serve
(4)
(d) Unlb
without hi
functions i
the aid of,
Defense as
Added Pub.
Delegation
the President
gated to the
EX.Ord.tio, 10
4759, as amen
Aug. 4, 1966,
10661, Feb. 27
Ord. N o. 11390,
all set out as
Title 3, The Pr
Emergency
For assignmen
Annual rate o
ment Orl
National Secu
wlthstaaeq.
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 of war, or
ar". Lane
65.
ally
v Secretary
ustitutional
e adminis-
ishment of
ers public-
nust be re-
utive, and
within the
utional an-
C01.1842, 41
M. See,
1; Onder-
P. 678, 75
sue diree-
rements as
e for mili-
vho were
privileges
the I'nit-
[ion of in-
on mili-
le liabili-
not arbi-
discretion.
fcNamara,
been al-
:o habeas
ces sur-
ation for
a consci-
rt of ap-
vould be
er's case
th direc-
harge be
ccordance
n In De-
providing
pear be-
nsel and
r recom-
pending
be de-
v. Ray,
ere was
ched by
reserve
ge as a
Ch. 4 DEPARTMENT OF DEFENSE 10 ? 134
conscientious objector was it very close Department of Defense to create Indus-
one, It could not be said that re:+crve trial security clearance program under
member was not prejudiced by failure to which affected persons may lose their
follow the then prescribed procedure by Jobs and may be restrained in following
having his commanding officer net on their chosen professions on basis of fact
application, and It could only be specu- determinations concerning their fitness
lnted as to what basis for action was, for clearance made In Proceedings in
case would be sent back to Department which they are denied traditional proce-
of Navy with directions for processing of dural safeguards of confrontation and
application in accordance with new pro- cross-exn:ralnatiou. Greene v. McElroy,
cecture in Department of Defense three- App.D.C.1059, 79 S.Ct. 1400, 360 U.S. 474, 3
tive. Id.
and equitable under facts and Ycircnmc 9? Sulto by or against Secretary
stances of case to discharge conscientious Where, reserve officer brought proceed-
objector, once enlisted or legally inducted Ing in federal district court against See-
into armed forces, is ultimately vested retary of War [now Secretary of De-
by this section, directive and regulation Tense] claiming that certain of his Army
ex rel. O'Hare v. Eichstaedt, D.C. result that he was relieved from active
Ca1.1967, 285 F.Supp. 476, duty, and Secretary of the Army was
substituted as defendant after that offi-
S. Industrial security clearance cer replaced the former under the Na-
Former section 171 et seq., of Title 5, tionnl Security Act of 1947, former sec-
and the Armed Service Procurement Act, lions 181-1 to 181-5 of Title 5, and, pond.
section 2301 et seq., of Ing the litigation, officer's records were
this title together transferred. to the Department of the Air
with section 708 of Title 18 making it a
crlme to communicate Force, former section 1711 of Title 5, pro-
intelligence infor- viding tha: in case of transfer, suit may
ruaticn to unauthorized persons and sec- be maintained by or against successor of-
tion 783 of Title 50 making it a crime for fiver, only if motion is filed in court
officer or employee of United States to within 12 mouths after transfer takes ef-
communicate classified information to feet npplled. Updegraff v. Pace, 1051,
agents of foreign governments or Com- 188 F.2d 64f1, 88 U.S.App.D.C. 202.
munist organizations do not authorize
? 134. Deputy Secretaries of Defense: appointment; powers
and duties; precedence
(a) There are two Deputy Secretaries of Defense, ,appointed from
civilian life by the President, by and with the advice and consent of
the Senate. A person may not be appointed as a Deputy Secretary
of Defense within ten years after relief from active duty as It com-
missioned officer of a regular component of an armed force.
(b) The Deputy Secretaries shall perform such duties and exer-
cise such powers as the Secretary of Defense may prescribe. The
Deputy Secretaries, in the order of precedence, designated by the
President shall act for, and exercise the powers of, the Secretary
when the Secretary is disabled or there is no Secretary of Defense.
(c) The Deputy Secretaries take precedence in the Department of
Defense immediately after the Secretary.
Added Pub.L. 87-651, Title II, ? 202, Sept. 7, 1962, 76 Stat. 518, and
amended Pub.L. 92-596, ? 4(1), Oct. 27, 1972, 86 Stat. 1318.
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 10 ? 134
19,2 Amendment. Catchline, Pub.L.
92-596 substituted "Deputy Secretaries'
for "Deputy Secretary".
Subsec. (a). Pub.L. 92-596 substituted
"There are two Deputy Secretaries of De-
fense" for "There Is a Deputy Secretary
of Defense".
Subsec. (b). Pub.L. 92-506 provided for
the exercise of powers and duties conse-
quent to the creation of a second Deputy
Secretary.
Subsec. (c), Pub.L. 92-596 substituted
"The Deputy Secretaries take" for "Th.,
Deputy Secretary takes".
Order of Succession. Order of sue-
cession In the event of the death,
disability, or absence of the Secretary of
Defense, sea Ex.Ord.No.10820, May 18,
1959, 2-1 F.R. 4045, set out as a note un-
der section 3347 of Title 5, Government
Organization, and Employees.
Legislative history. For legislative
history and purpose of Pub.L. 87-651, see
1962 U.S.Code Cong. and Adm.News, p.
2456. See, also Pub.L. 92-596, 1972 U.S.
Code Cong. t.ud Adnr News, p. 4938.
Library References
Armed Services ?4. C.S.S. Army and Navy ?? I, 4 et seq.
Director of Defense Research and Engineering: ap-
pointment; powers and duties; precedence
(a) There is a Director of Defense Research and Engineering, ap-
pointed from civilian life by the President, by and with the advice
and consent of the Senate.
(b) The Director performs such duties relating to research and
engineering as the Secretary of Defense may prescribe, including-
(1) being the principal adviser to the Secretary on scientific
and technical matters ;
(2) supervising all research and engineering activities in the
Department of Defense; and
(3) directing, controlling, assigning, and reassigning research
and engineering activities that the Secretary considers need
centralized management.
(c) The Director takes precedence in the Department of Defense
after the Secretary of Defense, the Deputy Secretaries of Defense,
and the Secretaries of the military departments.
Added Pub.L. 87-651, Title II, ? 202, Sept. 7, 1962, 76 Stat. 518, and
amended Pub,L. 92-596, ? 4(2), Oct. 27, 1972, 86 Stat. 1318.
1972 Amendment. Subsea (c). Pub.L. which presctlbed the compensation of the
92-596 substituted "Deputy Secretaries" Director of Defense Research and Engi-
for "Deputy Secretary". neering, formerly set out as a note under
this section, was repealed by Pub.L. 88-
Compensation of Director. The lash 426, Title M, ? 305(23), Aug. 14, 1964, 78
sentence of section 203(b)(1) of Act July Stat. 425, and is now covered by section
26, 1947, c, 3-13, Title II, as added Aug. 6, 5314 of Title 5, Government Organization
1958, Pub.L. 85-599, ? 9(a), 72 Stat. 520. and Employee
30
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Emergency Tun
i-elopment, Test, a
89-37, Title III, ?
Stat. 128, provide be appropriated a
or for the use of
United States for
fund for research,,
evaluation, or pro(
(a) There a:
from civilian I;
sent of the Sen;
(b) The Ass:
rise such powe
of the Assistar
fense for Heap
overall supervi
One of the Ass
Defense for Mi
principal duty
component aff of the Assistan
meat of Defers;
control of the S
(1) advi:
etary and
budgetary
powers of t
(2) supe of the Dep (3) estal
policies, an
ganizationa
(D)
(4) estab.
procedures
administere
(5) estab.
cedures con
 of sue-
death,
etary of
fray 18,
cote un-
ernlnent
illative
6551, see
ews, p.
72 U.S.
g, ap-
idvice
h and
ing-
ntific
arch
need
of the
Engi-
Funder
. 88--
, 78
eetlon
zatlon
Ch. 4 DEPARTMENT OF DEFENSE 10 ? 136
Emergency Fund for Resefcreh, 1)e- related thereto unless the appropriation
velopment, Test, and Evaination. Pub,1.. of such foods has been authorized by
89-37, Title III, ? 303, June 11, 19G7,, ;9 Iegis-ation Dnaeted after that date."
Stat. 128, provided that: ,.No funds mar
be appropriated after June 30, 1006, to Leglslativ.e History, For legislative
or for the use of any armed force of the h`istory' and purpose of Pub.F. 87-G3l, see
United States for use as an emergency 1962 C.8-Code Con g. Auld for research, development, test, an i 2155. flee, also, Pub.F 110? p6n y 72 SU.S.
evaluation, or procurement or production Code Cong, and adm,Kews, p. 4438.
? 136. Assistant Secretaries of Defense: appointment;
AM anA .a?a ~- -- - jiOW-
(a) There are nine Assistant Secretaries of Defense, a
from civilian life by the President, by sent of the Senate. Y and with the advice and con-
(b) The Assistant Secretaries shall perform such duties and exer-
cise such powers as the Secretary of Defense may prescribe.
of the Assistant Secretaries One
shall be the Assistant Secretary of De-
fense for Health Affairs. He shall have as his principal duty the
overall supervision of health affairs of the Department of Defense.
One of the Assistant Secretaries shall be the Assistant Secretary of
Defense for Manpower and Reserve Affairs. He shall have as his
principal duty the overall supervision of manpower and reserve
component affairs of the De
partment of Defense. In addition, one
of the Assistant Secretaries shall be the Comptroller of the Depart-
ment of Defense and shall, subject to the authority, direction, and
control of the Secretary-
(1) advise and assist the Secretary in performing such budg-
etary and fiscal functions and duties, and in exercising such
budgetary and fiscal powers, as are needed to carry out the
powers of the Secretary; ,
(2) supervise and direct the preparatior; of budget estimates
of the Department of Defense;
(3) establish and supervise the execution of principles,
policies, and procedures to be followed in connection with or-
ganizational and administrative matters relating to-
(A) the preparation and execution of budgets;
(B) fiscal, cost, operating, and capital property account-
ing;
(C) progress and statistical reporting; and
(D) internal audit;
(4) establish and supervise the execution of policies and
proc ~dures relating to the expenditure and collection of funds
administered by the Department of Defense; and
(5) establish uniform terminologies, classifications, and pro-
cedur>s concerning matters covered by clauses (1)-(4).
31
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 10 ? 136 GENERAL MILITARY LAW Subt. A
(c) Except as otherwise specifically provided by law, an Assist-
ant Secretary may not issue an order to a military department un-
less--
(1) the Secretary of Defense has specifically delegated that
authority to him in writing; and
(2) the order is issued through the Secretary of the military
department concerned, or his designee.
(d) In carrying out subsection (c) and sections 3010, 3012(b)
(last two sentences), 5011 (first two sentences), 5031(a.) (last two
sentences), 8010, and 8012(b) (last two sentences) of this title, the
Secretary of each military department, his civilian assistants, and
members of the armed forces under the jurisdiction of his depart-
ment shall cooperate fully with personnel of the Office of the Sec-
retary of Defense to achieve efficient administration of the Depart-
ment of Defense and to carry out effectively the authority, direc-
tion, and control of the Secretary of Defense.
(e) The Assistant Secretaries take precedence in the Department
of Defense after the Secretary, the Deputy Secretaries of Defense,
the Secretaries of the military departments and the Director of De-
fense Research and Engineering.
(f) Within the Office of the Assistant Secretary of Defense for
Manpower and Reserve Affairs there shall be a Deputy Assistant
Secretary of Defense for Reserve Affairs who shall be appointed
from civilian life by the President, by and with the advice and con-
sent of the Senate. Subject to the supervision and control of the
Assistant Secretary of Defense for Manpower and Reserve Affairs,
the Deputy Assistant Secretary shall be responsible for all matters
relating to reserve affairs within the Office of the Assistant Secre-
tary of Defense for Manpower and Reserve Affairs.
Added Pub.L. 87--651, Title II, ? 202, Sept. 7, 1962, 76 Stat, 518, and
amended Pub.L. 90-168, ? 2(1), (2), Dec. 1, 1967, 81 Stat. 521; Pub.
L. 91-121, Title IV, ? 404(a), Nov. 19, 1969, 83 Statr 207; Pub.L.
92-215, ? 1, Dec. 22, 1971, 85 Stat. 777; Pub.L. 92-596, ? 4(2), Oct.
27, 1972, 86 Stat. 1318.
Historical Note
1972 Amendment. Subsec. (e). Pub.L. Defense for 1fealth Affairs having; as his
92-596 substituted "Deputy Secretaries" principal duty the overall supervision of
for "Deputy Secretary", health affair,; of the Department of De-
fen se.
1971 Amendment. Subsec. (a). Pub.L.
92-215 Increased the number of Assistant
Secretaries of Defense from eight to nine.
1967 Amendment. Subsec, (b). Pub.L.
90-168, ? 2(1), added provisions for an
Assistant Secretary of Defense for Man-
1969 Amendment. Subsec. (it). Pub.L. power and Iteserve Affairs with the prin-
91-121, ? 404(a)(1), increased the number cipal duty of overall supervision of inan-
of Ass'stant Secretaries of Defense from power and reserve component affairs of
seven ti eight. the Department of Defense.
Subse (b). Pub.L. 91-121, ? 404(n)(2), Subsec. (f). Pub.L. 00-108, J 2(2), added
provide( for an Assistant Secretary of Subsec. (f).
Effective Date of
Section 7 of Pub.L. C
"The provisions of
this section and seeti 2111, 270, 511, 3013, 50
this title, section 502
tion 401 of Title 3
3019, 3033, 8019 and 8
provisions set out i
section and section 8'.
amending note sct o,
of this title] shall
the first day of the
following the date oi
19677." %
Short Title of 19G
tion I of Pub.L. 90 -
this Act (amending t
Ranking institutions
scope, see 32 C4
Contract cost perform
164.1 et seq.
Cost Schedule Control
? 137. Gen
(a) There is a
pointed from cis
and consent of tli
(b) The Genei
ment of Defense,
of Defense may T
Added Pub.L. 87
amended Pub.L.
423.
1964 Amendment.
88-426- repealed subs;
to the coin pensation
set. See section 531t
meat Organization an
Effective Date o
Amendment of seeli.
effective the first d
period which begins
? 138. Sec
F
(a) No funds
the use of any ar
 Approved For Release 2005/08/03 : CIA-RDP79-00957A000100100060-3
7. What relative roles should civilians and the military have in
producing intelligence?
Both civilians and the military have important roles in the
intelligence process. Generally speaking, the military has special.
intelligence requirements which are related to its combat mission.
This means that the military must have its own intelligence capability
with respect to both collection and analysis of information. Military
intelligence, therefore, can be viewed as supplementing the more
broad and strategic efforts of the civilian agencies. Civilians and
the military have relatively independent roles in the field though
there is coordination as appropriate to avoid duplication and. assure
full coverage. The coordination in the production process allows the
civilian agencies to take exception to conclusions by the military in.
national estimates and the military can take similar exceptions to
conclusions made by the civilian agencies. This process allows the
policy makers to make their decisions based on national estimates
which fully cover all sides of the issues involved. . It is the best
assurance that estimates are not slanged or biased either in favor
of the military or the civilian agencies. The CIA. is institutionally
insulated from such bias because it has no policy role.
8. Should there be more than one statutory deputy to the DCI?
What should their respective roles be? Who should act for the DCI in his
absence? What should be the civilian-military make-up of the DCI and his
principal deputies?
Yes. I think there should be two statutory deputies. As you
know, the DCI wears two hats. He is the executive head of the CIA,
and, as the principal foreign intelligence officer of the Government,
he also has certain general administrative responsibilities with
respect to the entire Intelligence Community. The Director's duties
in administering the Intelligence Community, handling relations with
other components of the Government, and passing on broad questions
of policy leave him little time for day-to-day supervision of the
Agency. I think the Director needs a deputy to assist him in each of
his two roles. This was one of the recommendations of the Rockefeller
Commission Report. The two deputies concept is also reflected in
the recently issued Executive Order 1.1905, which directs the DCI
to delegate the day-to-day operation of the CIA to the Deputy Director
and which creates the position of "Deputy to the Director of Central
Intelligence for the Intelligence Community" to assist the DCI in his
supervision of the Intelligence Community. I think this latter
administratively-cre;.ted position should be upgraded to a statutory
one, because I think t is important that both deputies be politically
responsible officials- -appointed by the President and confirmed by
the Senate.
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As to who should act for the DCI in his absence, I think that
generally the Deputy for the Agency would continue handling Agency
matters and the Deputy for the Intelligence community could deal with
Community matters. Responsibility in a few "gray" areas could be
apportioned by internal directive.
Finally, I think the question of the civilian-military make-up
is largely a policy question for Congress to decide, although I think
that it would be generally appropriate for a. military man to assist
the DCI in Community matters while continuing the present arrange-
ment. of having at least one civilian in. the two top Agency positions.
9. What changes need to be made in the National. Security Act of 1947?
The CIA and intelligence community have somewhat outgrown
the National Security Act. I believe the Act should be amended to
reflect the DCI's dominant role for the intelligence community as a
whole. Additionally, the prohibitions on CIA are worded in very
broad and vague terms; some of these can be inconsistent with. the
positive responsibilities levied by the Act, such as the DCI's
responsibility to protect intelligence sources and methods. I believe
these inconsistencies should be clarified. I believe Senator Stennis'
bill, introduced in the 93rd Congress, does this to a great extent.
10. What are the strengths and weaknesses of E. 0. 11905? What
role does it create, beyond the National Security Act, for the DDCI?
I think it is too early to detect weaknesses in the Order.
Certainly none have surfaced yet. On the other hand, its strengths
are obvious. For the first time, the respective authorities and
responsibilities of the various intelligence agencies and departments
have been delineated and clarified; provision has been made for strong
central supervision and direction of intelligence activities by the
DCI; strong internal and external oversight mechanisms have been
established to assure that intelligence activities are proper and
lawful; and detailed restrictions on intelligence activities have
been spelled out in order to safeguard the civil liberties of the
American people.
The Director's duties in administering the intelligence cOTnmurAt
handling relations with other components of the Government, and -.
passing on broad qu ,~stions of policy leave him little time for day u
90
day supervision of tl.e Agency. Therefore, Executive Order 11.
IA tarn
directs the DCI to de: egate the day-to-day operation of the C
the Deputy Director fbr Central Intelligence.
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