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CODIFICATION

R.S. § 5322 derived from act Mar. 3, 1863, ch. 90, 12 Stat. 762.

CHAPTER 14-WARTIME VOTING BY LAND AND NAVAL FORCES

§§ 301 to 303. Repealed. Aug. 9, 1955, ch. 656, title III, § 307, 69 Stat. 589

Section 301, acts Sept. 16, 1942, ch. 561, title I, § 1, 56 Stat. 753; July 1, 1943, ch. 187, §§ 1, 5, 57 Stat. 371, granted absentee members of land or naval forces of the United States the right to vote in Presidential, Vice Presidential, and Congressional elections. See section 1973ff et seq. of Title 42, The Public Health and Welfare.

Section 302, act Sept. 16, 1942, ch. 561, title I, § 2, 56 Stat. 753, exempted persons in military service in time of war from paying poll taxes or other taxes as a condition of voting in any election for President, Vice President, electors for President or Vice President, or for Senator or Member of the House of Representatives.

Section 303, acts Sept. 16, 1942, ch. 561, title I, § 3, 56 Stat. 753; Apr. 1, 1944, ch. 150, 58 Stat. 136, provided for voting in accordance with State law.

ADDITIONAL REPEAL

Sections 301 to 303 were also repealed by act Aug. 10, 1956, ch. 1041, § 53, 70 Stat. 641.

§§ 304 to 315. Repealed. Apr. 1, 1944, ch. 150, 58 Stat. 136

Section 304, act Sept. 16, 1942, ch. 561, § 4, 56 Stat. 754, related to a public list of applicants.

Section 305, act Sept. 16, 1942, ch. 561, § 5, 56 Stat. 754, related to form of ballots and booklets.

Section 306, act Sept. 16, 1942, ch. 561, § 6, 56 Stat. 755, related to use of official envelopes.

Section 307, act Sept. 16, 1942, ch. 561, § 7, 56 Stat. 756, related to transmission of ballots.

Section 308, act Sept. 16, 1942, ch. 561, § 8, 56 Stat. 756, related to return of ballots.

Section 309, act Sept. 16, 1942, ch. 561, § 9, 56 Stat. 756, related to certification of votes.

Section 310, act Sept. 16, 1942, ch. 561, § 10, 56 Stat. 756, related to payment of expenses.

Section 311, act Sept. 16, 1942, ch. 561, § 11, 56 Stat. 757, related to utilization of services of local agencies. Section 312, act Sept. 16, 1942, ch. 561, § 12, 56 Stat. 757, related to voting under State law.

Section 313, act Sept. 16, 1942, ch. 561, § 13, 56 Stat. 757, related to primary elections.

Section 314, act Sept. 16, 1942, ch. 561, § 14, 56 Stat. 757, related to offenses against elective franchise. Section 315, act Sept. 16, 1942, ch. 561, § 15, 56 Stat. 757, related to formality of compliance.

§§ 321 to 331. Repealed. Aug. 9, 1955, ch. 656, title III, § 307, 69 Stat. 589

Section 321, act Sept. 16, 1942, ch. 561, title II, § 201, as added Apr. 1, 1944, ch. 150, 58 Stat. 136; amended Apr. 19, 1946, ch. 142, 60 Stat. 96, related to State absentee voting legislation.

Section 322, act Sept. 16, 1942, ch. 561, title II, § 202, as added Apr. 1, 1944, ch. 150, 58 Stat. 137; amended Apr. 19, 1946, ch. 142, 60 Stat. 96, related to use of post cards.

Section 323, act Sept. 16, 1942, ch. 561, title II, § 203, as added Apr. 1, 1944, ch. 150, 58 Stat. 137; amended Apr. 19, 1946, ch. 142, 60 Stat. 97, related to distribution of ballots.

Section 324, act Sept. 16, 1942, ch. 561, title II, § 204, as added Apr. 1, 1944, ch. 150, 58 Stat. 138; amended

Apr. 19, 1946, ch. 142, 60 Stat. 97; Sept. 29, 1950, ch. 1112, § 1, 64 Stat. 1082, provided for style and markings of envelopes, protective inserts, return envelopes, and size and weight of ballots and envelopes.

Section 325, act Sept. 16, 1942, ch. 561, title II, § 205, as added Apr. 1, 1944, ch. 150, 58 Stat. 138; amended Apr. 19, 1946, ch. 142, 60 Stat. 97, related to signature and oath of voter.

Section 326, act Sept. 16, 1942, ch. 561, title II, § 206, as added Apr. 1, 1944, ch. 150, 58 Stat. 139; amended Apr. 19, 1946, ch. 142, 60 Stat. 98, related to instructions for marking ballots.

Section 327, act Sept. 16, 1942, ch. 561, title II, § 207, as added Apr. 1, 1944, ch. 150, 58 Stat. 139; amended Apr. 19, 1946, ch. 142, 60 Stat. 99, related to extension of State's time limits.

Section 328, act Sept. 16, 1942, ch. 561, title II, § 208, as added Apr. 19, 1946, ch. 142, 60 Stat. 99, provided for notification of forthcoming elections by secretaries of states.

Section 329, act Sept. 16, 1942, ch. 561, title II, § 209, as added Apr. 19, 1946, ch. 142, 60 Stat. 99; amended Sept. 29, 1950, ch. 1111, 64 Stat. 1082, provided for cooperation with States, printing and transmitting of post cards, and content of post cards.

Section 330, act Sept. 16, 1942, ch. 561, title II, § 210, as added Apr. 19, 1946, ch. 142, 60 Stat. 101; amended July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501, related to transmission of post cards.

Section 331, act Sept. 16, 1942, ch. 561, title II, § 211, as added Apr. 19, 1946, ch. 142, 60 Stat. 101; amended July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501, related to distribution of information.

A prior section 331, act Sept. 16, 1942, ch. 561, title III, § 301, as added Apr. 1, 1944, ch. 150, 58 Stat. 140, related to establishment of United States War Ballot Commission and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

ADDITIONAL REPEAL

Sections 321 to 331 were also repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

§§ 332 to 340. Repealed. Apr. 19, 1946, ch. 142, 60 Stat. 96

Section 332, act Sept. 16, 1942, ch. 561, title III, § 302, as added Apr. 1, 1944, ch. 150, 58 Stat. 140, related to persons subject to this subchapter.

Section 333, act Sept. 16, 1942, ch. 561, title III, § 303, as added Apr. 1, 1944, ch. 150, 58 Stat. 141, related to Federal war ballots.

Section 334, act Sept. 16, 1942, ch. 561, title III, § 304, as added Apr. 1, 1944, ch. 150, 58 Stat. 143, related to administration of oaths.

Section 335, act Sept. 16, 1942, ch. 561, title III, § 305, as added Apr. 1, 1944, ch. 150, 58 Stat. 143, related to administration of this subchapter.

Section 336, act Sept. 16, 1942, ch. 561, title III, § 306, as added Apr. 1, 1944, ch. 150, 58 Stat. 144, related to lists of candidates.

Section 337, act Sept. 16, 1942, ch. 561, title III, § 307, as added Apr. 1, 1944, ch. 150, 58 Stat. 144, related to distribution and collection of ballots.

Section 338, act Sept. 16, 1942, ch. 561, title III, § 308, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to merchant marine ballots.

Section 339, act Sept. 16, 1942, ch. 561, title III, § 309, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to transmission of ballots.

Section 340, act Sept. 16, 1942, ch. 561, title III, § 310, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to reports on balloting.

§ 341. Repealed. Aug. 9, 1955, ch. 656, title III, § 307, 69 Stat. 589

Section, act Sept. 16, 1942, ch. 561, title III, § 301, as added Apr. 19, 1946, ch. 142, 60 Stat. 101, provided for

prevention of fraud, coercion, and undue influence; free discussion, and acts done in good faith.

A prior section 341, act Sept. 16, 1942, ch. 561, title III, § 311, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to validity of ballots and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

ADDITIONAL REPEAL

Section was also repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

§ 342. Repealed. May 24, 1949, ch. 139, § 142, 63 Stat. 109

Section, act Sept. 16, 1942, ch. 561, title III, § 302, as added Apr. 19, 1946, ch. 142, 60 Stat. 102, related to prohibition against taking of polls. See section 596 of Title 18, Crimes and Criminal Procedure.

A prior section 342, act Sept. 16, 1942, ch. 561, title III, § 312, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, which provided for safeguards and secrecy of ballots and prevention of fraud and coercion as to voting, was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 102.

§8 343 to 347. Repealed. Apr. 19, 1946, ch. 142, 60 Stat. 96

Section 343, act Sept. 16, 1942, ch. 561, title III, § 313, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to penalties under sections 341 to 347 of this title.

Section 344, act Sept. 16, 1942, ch. 561, title III, § 314, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to prohibition on taking polls. See section 596 of Title 18, Crimes and Criminal Procedure.

Section 344 was also repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862.

Section 345, act Sept. 16, 1942, ch. 561, title III, § 315, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to certain State officials.

Section 346, act Sept. 16, 1942, ch. 561, title III, § 316, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to agencies acting for the Secretary of State.

Section 347, act Sept. 16, 1942, ch. 561, title III, § 317, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to construction of chapter.

§§ 351 to 355. Repealed. Aug. 9, 1955, ch. 656, title III, § 307, 69 Stat. 589

Section 351, act Sept. 16, 1942, ch. 561, title IV, § 401, as added Apr. 19, 1946, ch. 142, 60 Stat. 102, defined terms for purposes of this chapter.

A prior section 351, act Sept. 16, 1942, ch. 561, title IV, § 401, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, authorized appropriations for purposes of this chapter and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

Section 352, act Sept. 16, 1942, ch. 561, title IV, § 402, as added Apr. 19, 1946, ch. 142, 60 Stat. 102; amended Sept. 29, 1950, ch. 1112, § 2, 64 Stat. 1083, related to free postage.

A prior section 352, act Sept. 16, 1942, ch. 561, title IV, § 402, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to free postage and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

Section 353, act Sept. 16, 1942, ch. 561, title IV, § 403, as added Apr. 19, 1946, ch. 142, 60 Stat. 103, related to administration of this chapter.

A prior section 353, act Sept. 16, 1942, ch. 561, title IV, § 403, as added Apr. 1, 1944, ch. 150, 58 Stat. 148, defined terms for purposes of this chapter and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

Section 354, act Sept. 16, 1942, ch. 561, title IV, § 404, as added Apr. 19, 1946, ch. 142, 60 Stat. 103, related to separability of provisions.

A prior section 354, act Sept. 16, 1942, ch. 561, title IV, § 404, as added Apr. 1, 1944, ch. 150, 58 Stat. 148, related to separability of provisions and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

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402a.

403.

403-1. 403-2. 403-2a.

functions; composition.

(b) Additional functions.

(c) Executive secretary; appointment;
staff employees.

(d) Recommendations and reports.
(e) Participation of Chairman or Vice
Chairman of Joint Chiefs of Staff.
(f) Participation by Director of National
Drug Control Policy.

(g) Board for Low Intensity Conflict.
(h) Participation of Director of Central
Intelligence.

Coordination of counterintelligence activi-
ties.

(a) Establishment of Counterintelligence Policy Board.

(b) Function of Board.

(c) Coordination of counterintelligence matters with Federal Bureau of Investigation.

Central Intelligence Agency.

(a) Establishment; Director.

(b) Deputy Director.

(c) Commissioned officers as Director or Deputy Director; powers and limitations; effect on commissioned status.

(d) Office of Director within Agency. Repealed.

Intelligence Community contracting. Construction of intelligence community facilities; Presidential authorization.

403-2b. Limitation on construction of facilities to be used primarily by intelligence community.

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403-6.

403a.

403b. 403c.

403d. 403e.

(c) Use of elements of Department of Defense.

Administrative provisions pertaining to defense elements within intelligence community.

(a) Consultations with regard to certain appointments.

(b) Appointment of head of Central Imagery Office.

Definitions relating to Central Intelligence Agency.

Seal of office of Central Intelligence Agency. Procurement authority of Central Intelligence Agency.

(a) Purchases and contracts for supplies and services.

(b) "Agency head" defined.

(c) Classes of purchases and contracts; finality of decision; powers delegable.

(d) Powers not delegable; written findings.

(e) Automatic data processing equipment and services.

Repealed. Central Intelligence Agency personnel; allowances and benefits.

(a) Travel, allowances, and related expenses for officers and employees assigned to duty stations outside United States.

(b) Allowances and benefits comparable to those paid members of Foreign Service; special requirements; persons detailed or assigned from other agencies; regulations.

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403p.

403q.

403r.

403r-1.

403s.

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(b) Penalties for violations of regulations.

(c) Identification.

Health benefits for certain former spouses of Central Intelligence Agency employees.

(a) Persons eligible.

(b) Enrollment for health benefits.

(c) Eligibility of former wives or husbands.

(d) Continuation of eligibility.

(e) Remarriage before age fifty-five; continued enrollment; restored eligibility.

(f) Enrollment in health benefits plan under other authority.

(g) "Health benefits plan" defined. Inspector General for Agency.

(a) Purpose; establishment.

(b) Appointment; supervision; removal. (c) Duties and responsibilities.

(d) Semiannual reports; immediate re-
ports of serious or flagrant prob-
lems; reports of functional prob-
lems.

(e) Authorities of Inspector General.
(f) Separate budget account.

(g) Transfer.

Special annuity computation rules for certain employees' service abroad.

(a) Officers and employees to whom rules apply.

(b) Computation rules.

(c) Annuities deemed annuities under section 8339 of title 5.

(d) Officers and employees entitled to greater annuities under section 8339 of title 5.

Portability of overseas service retirement benefit.

Special rules for disability retirement and death-in-service benefits with respect to certain employees.

(a) Officers and employees to whom sec-
tion 2051 rules apply.

(b) Survivors of officers and employees
to whom section 2052 rules apply.
(c) Annuities under this section deemed
annuities under chapter 83 of title

5.

Emergency preparedness.

(a) Employment of personnel.

(b) Functions.

(c) Utilization of Government resources

and facilities.

Annual national security strategy report. (a) Transmittal to Congress.

(b) Contents.

(c) Classified and unclassified form. Multiyear national foreign intelligence program.

(a) Annual submission of multiyear national foreign intelligence program.

(b) Time of submission.

(c) Consistency with budget estimates. Annual report on United States security arrangements and commitments with other nations.

(a) Report requirements.

(b) Matters to be included.

(c) Deadline for report.

Annual report on intelligence community activities.

(a) In general.

(b) Matters to be covered in annual

report.

(c) Time for submission.

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415.

General Congressional oversight provisions. (a) Reports to Congressional committees of intelligence activities and anticipated activities.

(b) Reports concerning illegal intelligence activities.

(c) Procedures for reporting information.

(d) Procedures to protect from unauthorized disclosure.

(e) Construction of authority conferred. (f) "Intelligence activities" defined. Reporting of intelligence activities other than covert actions.

OF

OPER

ATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY

431.

Presidential approval and reporting of covert 432.

actions.

(a) Presidential findings.

(b) Reports to intelligence committees; production of information.

(c) Timing of reports; access to finding.

(d) Changes in previously approved ac

tions.

(e) "Covert action” defined.

(f) Prohibition on covert actions intend

ed to influence United States political processes, etc.

Funding of intelligence activities.

(a) Obligations and expenditures for intelligence or intelligence-related activity; prerequisites.

(b) Activities denied funding by Con

gress.

(c) Presidential finding required for expenditure of funds on covert action.

(d) Report to Congressional committees required for expenditure of nonappropriated funds for intelligence activity.

(e) Definitions. Notice to Congress of certain transfers of defense articles and defense services.

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Exemption of certain operational files from search, review, publication, or disclosure.

(a) Exemption by Director of Central Intelligence.

(b) "Operational files" defined.

(c) Search and review for information.
(d) Information derived or disseminated
from exempted operational files.
(e) Supersedure of prior law.

(f) Allegation; improper withholding of records; judicial review. Decennial review of exempted operational files.

(a) Review by Director of Central Intelli

gence.

(b) Consideration;

public interest.

(c) Judicial review.

historical

value;

SUBCHAPTER VI-ACCESS TO CLASSIFIED

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§ 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 26, 1947, ch. 343, § 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, § 2, 63 Stat. 579; Aug. 6, 1958, Pub. L. 85-599, § 2, 72 Stat. 514.)

REFERENCES IN TEXT

This legislation, referred to in text, means act July 26, 1947, ch. 343, 61 Stat. 495, as amended, known as the National Security Act of 1947. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

AMENDMENTS

1958-Pub. L. 85-599 amended section generally, and, among other changes, provided that each military department shall be separately organized, instead of separately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relating to establishment of unified or specified combatant commands and for elimination of unnecessary duplication.

1949 Act Aug. 10, 1949, provided that the military departments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff.

EFFECTIVE DATE

Section 310 of act July 26, 1947, provided: "(a) The first sentence of section 202(a) [section 171a of former Title 5, Executive Departments and Government Officers and Employees] and sections 1, 2, 307, 308, 309, and 310 [section 171 note of former Title 5, section 361 of this title, and sections 171m and 171n of former Title 5] shall take effect immediately upon the enactment of this Act [July 26, 1947].

"(b) Except as provided in subsection (a), the provisions of this Act [sections 171 to 1711, 181-1, 181-2, 411a, 411b, 626 to 626d of former Title 5, section 24 of Title 3, The President, and sections 401 to 405 of this title] shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after the date of the enactment of this Act [July 26, 1947]."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-359, title VIII, § 801, Oct. 14, 1994, 108 Stat. 3434, provided that: "This title [enacting sections 402a, 435 to 438, and 1821 to 1829 of this title, section 2170b of the Appendix to this title, section 1599 of Title 10, Armed Forces, and section 1924 of Title 18, Crimes and Criminal Procedure, amending section 783 of this title, section 2170 of the Appendix to this title, section 8312 of Title 5, Government Organization and Employees, section 1604 of Title 10, and sections 793, 794, 798, 3071, and 3077 of Title 18, enacting provisions set out as notes under sections 435 and 1821 of this title, and amending provisions set out as notes under

sections 402 and 1801 of this title] may be cited as the 'Counterintelligence and Security Enhancements Act

of 1994'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-496, title VII, § 701, Oct. 24, 1992, 106 Stat. 3188, provided that: "This title [enacting sections 401a and 403-3 to 403-6 of this title, amending sections 402, 403, 404, and 404a of this title, and repealing section 403-1 of this title] may be cited as the 'Intelligence Organization Act of 1992'."

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-477, § 1, Oct. 15, 1984, 98 Stat. 2209, provided: "That this Act [enacting sections 431 and 432 of this title, amending section 552a of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 431 and 432 of this title] may be cited as the 'Central Intelligence Agency Information Act'."

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-200, § 1, June 23, 1982, 96 Stat. 122, provided: "That this Act [enacting subchapter IV of this chapter] may be cited as the 'Intelligence Identities Protection Act of 1982'."

SHORT TITLE OF 1949 AMENDMENT

Section 1 of act Aug. 10, 1949, provided that: "This Act [enacting sections 408 and 412 of this title and sections 171-1, 171t, 172, 172a to 172d, and 172f to 172j of former Title 5, Executive Departments and Government Officers and Employees, amending this section, sections 151, 402, 403d, 405, 410, 459, 481, and 494 of this title, sections 171, 171a, 171b to 171d, 171e to 171j, 171n, 171r, 172e, 411b, and 626c of former Title 5, section 1748b of Title 12, Banks and Banking, section 1517 of Title 15, Commerce and Trade, sections 474, 481 to 484, and 487 of Title 40, Public Buildings, Property, and Works, section 364a of Title 43, Public Lands, sections 1156 and 1157 of former Title 49, Transportation, and section 1193 of the Appendix to this title, and enacting provisions set out as notes under this section and sections 171 and 171c of former Title 51 may be cited as the 'National Security Act Amendments of 1949'."

SHORT TITLE

Section 1 of act July 26, 1947, provided: "That this Act [enacting this section, sections 401a to 403, 404, 405, and 408 to 412 of this title, and sections 171, 171-1, 171-2, 171a, 171b to 171d, 171e to 171j, 171k to 171m, 171n, 172, 172a to 172d, 172f to 172j, 181-1, 181-2, 411a, 411b, 626, 626a to 626c, and 626d of former Title 5, Executive Department and Government Officers and Employees, amending sections 1, 11, and 172e of former Title 5, section 1517 of Title 15, Commerce and Trade, and section 72 of former Title 31, Money and Finance, and enacting provisions set out as notes under this section and section 135 of Title 10, Armed Forces] may be cited as the 'National Security Act of 1947'."

Sections of National Security Act of 1947, which were classified to former Title 5, were repealed and restated in Title 10, Armed Forces, except as noted, as follows:

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