Page:United States Statutes at Large Volume 63 Part 1.djvu/618

 PUBLIC LAWS-CH. 412-AUG. 10, 1949 61 Stat. 500. 5U. . C., Supp. II, 171a. Ante, p. 30. Noneligibility for appointment. Duties. Combatant func- tions. 61 Stat. 501, 502, 504. 5U. 8.C., Supp.II, i§ 181-1 (e), 411a (b), (c), 626c (f). Administration of Departments. Transfer, etc., of functions. Recommendations to Congress. Reports to Presi- dent and Congress. Seal. "'Fifth. The Post Office Department. "'Sixth. The Department of the Interior. "'Seventh. The Department of Agriculture. "'Eighth. The Department of Commerce. "'Ninth. The Department of Labor.' "(d) Except to the extent inconsistent with the provisions of this Act, the provisions of title IV of the Revised Statutes as now or here- after amended shall be applicable to the Department of Defense." THE SECRETARY OF DEFENSE SEC. 5 . Section 202 of the National Security Act of 1947, as amended, is further amended to read as follows: "SEC. 202. (a) There shall be a Secretary of Defense, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate: Provided, That a person who has within ten years been on active duty as a commissioned officer in a Regular component of the armed services shall not be eligible for appointment as Secretary of Defense. "(b) The Secretary of Defense shall be the principal assistant to the President in all matters relating to the Department of Defense. Under the direction of the President, and subject to the provisions of this Act, he shall have direction, authority, and control over the Department of Defense. "(c) (1) Notwithstanding any other provision of this Act, the com- batant functions assigned to the military services by sections 205 (e), 206 (b),206 (c),and 208 (f) hereof shall not be transferred, reassigned, abolished, or consolidated. "(2) Military personnel shall not be so detailed or assigned as to impair such combatant functions. " (3) The Secretary of Defense shall not direct the use and expendi- ture of funds of the Department of Defense in such manner as to effect the results prohibited by paragraphs (1) and (2) of this subsection. "(4) The Departments of the Army, Navy, and Air Force shall be separately administered by their respective Secretaries under the direction, authority, and control of the Secretary of Defense. "(5) Subject to the provisions of paragraph (1) of this subsection no function which has been or is hereafter authorized by law to be performed by the Department of Defense shall be substantially trans- ferred, reassigned, abolished or consolidated until after a report in regard to all pertinent details shall have been made by the Secretary of Defense to the Committees on Armed Services of the Congress. "(6) No provision of this Act shall be so construed as to prevent a Secretary of a military department or a member of the Joint Chiefs of Staff from presenting to the Congress, on his own initiative, after first so informing the Secretary of Defense, any recommendation relating to the Department of Defense that he may deem proper. "(d) The Secretary of Defense shall not less often than semi- annually submit written reports to the President and the Congress covering expenditures, work and accomplishments of the Department of Defense, accompanied by (1) such recommendations as he shall deem appropriate, (2) separate reports from the military departments covering their expenditures, work and accomplishments, and (3) itemized statements showing the savings of public funds and the eliminations of unnecessary duplications and overlappings that have been accomplished pursuant to the provisions of this Act. " (e) The Secretary of Defense shall cause a seal of office to be made for the Department of Defense, of such design as the President shall approve, and judicial notice shall be taken thereof. 580 [63 STAT.

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