§ 3021. National Security Council

§ 3021. National Security Council

(a) National Security Council There is a council known as the National Security 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 departments and agencies of the United States Government to cooperate more effectively in matters involving the national security;

(2) assess and appraise the objectives, commitments, and risks of the United States in relation to the actual and potential military power of the United States, and make recommendations thereon to the President;

(3) make recommendations to the President concerning policies on matters of common interest 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 response 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 the Office of Pandemic Preparedness and Response Policy and such other officers of the United States Government as the President may designate.

(2) Attendance and participation in meetings The President may designate such other officers of the United States Government as the President considers appropriate, including the Director of National Intelligence, the Director of National Drug Control Policy, the Chairman of the Joint Chiefs of Staff, and the National Cyber Director, to attend and participate in meetings of the Council.

(d) Presiding officers At meetings of the Council, the President shall preside or, in the absence of the President, a member of the Council designated by the President shall preside.

(e) Staff

(1) In general The Council shall have a staff headed by a civilian executive secretary appointed by the President.

(2) Staff Consistent with the direction of the President and subject to paragraph (3), the executive secretary may, subject to the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5, appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the President in connection with performance of the functions of the Council.

(3) Number of professional staff The professional staff for which this subsection provides shall not exceed 200 persons, including persons employed by, assigned to, detailed to, under contract to serve on, or otherwise serving or affiliated with the staff. The limitation in this paragraph does not apply to personnel serving substantially in support or administrative positions.

(f) Special Advisor to the President on International Religious Freedom It is the sense of Congress that there should be within the staff of the Council a Special Adviser to the President on International Religious Freedom, whose position should be comparable to that of a director within the Executive Office of the President. The Special Adviser should serve as a resource for executive branch officials, compiling and maintaining information on the facts and circumstances of violations of religious freedom (as defined in section 6402 of title 22), and making policy recommendations. The Special Adviser should serve as liaison with the Ambassador at Large for International Religious Freedom, the United States Commission on International Religious Freedom, Congress and, as advisable, religious nongovernmental organizations.

(g) Coordinator for combating malign foreign influence operations and campaigns

(1) In general The President shall designate an employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns.

(2) Congressional briefing

(A) In general Not less frequently than twice each year, the employee designated under this subsection, or the employee’s designee, shall provide to the congressional committees specified in subparagraph (B) a briefing on the responsibilities and activities of the employee designated under this subsection.

(B) Committees specified The congressional committees specified in this subparagraph are the following:

(i) The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.

(ii) The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.

(h) Definition of malign foreign influence operations and campaigns In this section, the term “malign foreign influence operations and campaigns” means the coordinated, direct or indirect application of national diplomatic, informational, military, economic, business, corruption, educational, and other capabilities by hostile foreign powers to affect attitudes, behaviors, decisions, or outcomes within the United States.

(July 26, 1947, ch. 343, title I, § 101, 61 Stat. 496; Aug. 10, 1949, ch. 412, § 3, 63 Stat. 579; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Oct. 10, 1951, ch. 479, title V, § 501(e)(1), 65 Stat. 378; Pub. L. 99–433, title II, § 203, Oct. 1, 1986, 100 Stat. 1011; Pub. L. 99–500, § 101(c) [title IX, § 9115(f)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–125, and Pub. L. 99–591, § 101(c) [title IX, § 9115(f)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–125; Pub. L. 99–661, div. A, title XIII, § 1311(f), Nov. 14, 1986, 100 Stat. 3986; Pub. L. 100–690, title I, § 1003(a)(3), Nov. 18, 1988, 102 Stat. 4182; Pub. L. 102–496, title VII, § 703, Oct. 24, 1992, 106 Stat. 3189; Pub. L. 104–293, title VIII, §§ 802, 804, Oct. 11, 1996, 110 Stat. 3474, 3476; Pub. L. 105–277, div. C, title VII, § 713(b), Oct. 21, 1998, 112 Stat. 2681–693; Pub. L. 105–292, title III, § 301, Oct. 27, 1998, 112 Stat. 2800; Pub. L. 108–458, title I, §§ 1071(a)(1)(A)–(D), 1072(a)(1), Dec. 17, 2004, 118 Stat. 3689, 3692; Pub. L. 110–53, title XVIII, § 1841(g), Aug. 3, 2007, 121 Stat. 500; Pub. L. 110–140, title IX, § 932, Dec. 19, 2007, 121 Stat. 1740; Pub. L. 113–126, title VII, § 702, July 7, 2014, 128 Stat. 1422; Pub. L. 114–328, div. A, title X, § 1085(a), Dec. 23, 2016, 130 Stat. 2422; Pub. L. 115–44, title II, § 274(a), Aug. 2, 2017, 131 Stat. 938; Pub. L. 115–232, div. A, title X, § 1043(a), Aug. 13, 2018, 132 Stat. 1957; Pub. L. 116–283, div. A, title XVII, § 1752(d), Jan. 1, 2021, 134 Stat. 4147; Pub. L. 117–328, div. FF, title II, § 2104(k)(2), Dec. 29, 2022, 136 Stat. 5720.)

Editorial Notes

Codification

Section was formerly classified to section 402 of this title prior to editorial reclassification and renumbering as this section.

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

2022—Subsec. (c)(1). Pub. L. 117–328 inserted “the Director of the Office of Pandemic Preparedness and Response Policy” after “Treasury,”.

2021—Subsec. (c)(2). Pub. L. 116–283 substituted “the Chairman of the Joint Chiefs of Staff, and the National Cyber Director” for “and the Chairman of the Joint Chiefs of Staff”.

2018—Subsec. (b)(4). Pub. L. 115–232, § 1043(a)(1), added par. (4).

Subsecs. (g), (h). Pub. L. 115–232, § 1043(a)(2), added subsecs. (g) and (h).

2017—Subsec. (c)(1). Pub. L. 115–44 inserted “the Secretary of the Treasury,” before “and such other officers”.

2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the National Security Council.

2014—Subsec. (a)(5) to (8). Pub. L. 113–126 substituted “; and” for semicolon at end of par. (5), redesignated par. (8) as (6) and struck out “the Chairman of the Munitions Board, and the Chairman of the Research and Development Board,” after “military departments,”, and struck out former pars. (6) and (7) which read as follows:

“(6) the Director for Mutual Security;

“(7) the Chairman of the National Security Resources Board; and”.

2007—Subsec. (a)(5) to (8). Pub. L. 110–140 added par. (5) and redesignated former pars. (5) to (7) as (6) to (8), respectively.

Subsecs. (i), (k). Pub. L. 110–53, § 1841(g)(1), redesignated subsec. (i), relating to Special Adviser to the President on International Religious Freedom, as (k).

Subsec. (l). Pub. L. 110–53, § 1841(g)(2), added subsec. (l).

2004—Subsec. (h)(2)(A). Pub. L. 108–458, § 1071(a)(1)(A), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (h)(5). Pub. L. 108–458, § 1071(a)(1)(B), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (i)(2)(A). Pub. L. 108–458, § 1071(a)(1)(C), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (j). Pub. L. 108–458, § 1072(a)(1), substituted “Principal Deputy Director of National Intelligence” for “Deputy Director of Central Intelligence”.

Pub. L. 108–458, § 1071(a)(1)(D), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

1998—Subsecs. (f), (g). Pub. L. 105–277 added subsec. (f) and redesignated former subsec. (f) as (g).

Subsec. (i). Pub. L. 105–292 added subsec. (i) relating to Special Adviser to the President on International Religious Freedom.

1996—Subsec. (h). Pub. L. 104–293, § 802(2), added subsec. (h). Former subsec. (h) redesignated (j).

Subsec. (i). Pub. L. 104–293, § 804, added subsec. (i).

Subsec. (j). Pub. L. 104–293, § 802(1), redesignated subsec. (h) as (j).

1992—Subsec. (h). Pub. L. 102–496 added subsec. (h).

1988—Subsecs. (f), (g). Pub. L. 100–690, §§ 1003(a)(3), 1009, temporarily added subsec. (f), relating to participation by Director of National Drug Control Policy in meetings of National Security Council, and redesignated former subsec. (f) as (g). See Effective and Termination Dates of 1988 Amendment note below.

1986—Subsec. (e). Pub. L. 99–433 added subsec. (e).

Subsec. (f). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended section identically adding subsec. (f).

1951—Subsec. (a). Act Oct. 10, 1951, inserted cl. (5) relating to Director for Mutual Security, in fourth paragraph, and renumbered former cls. (5) and (6) thereof as cls. (6) and (7), respectively.

1949—Subsec. (a). Act Aug. 10, 1949, added the Vice President to the Council, removed the Secretaries of the military departments, to authorize the President to add, with the consent of the Senate, Secretaries and Under Secretaries of other executive departments and of the military department, and the Chairmen of the Munitions Board and the Research and Development Board.

Subsec. (c). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923, as amended”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title X, § 1085(b), Dec. 23, 2016, 130 Stat. 2423, provided that: “The limitation on the number of professional staff of the National Security Council specified in subsection (e)(3) of section 101 of the National Security Act of 1947 [50 U.S.C. 3021(e)(3)], as amended by subsection (a) of this section, shall take effect on the date that is 18 months after the date of the enactment of this Act [Dec. 23, 2016].”

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Effective Date of 2004 Amendment

For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.

Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

Effective and Termination Dates of 1988 Amendment

Amendment by Pub. L. 100–690 effective Jan. 21, 1989, and repealed on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 100–690.

Repeals

Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.

Construction of 2017 Amendment

Pub. L. 115–44, title II, § 274(b), Aug. 2, 2017, 131 Stat. 938, provided that: “The amendment made by subsection (a) [amending this section] may not be construed to authorize the National Security Council to have a professional staff level that exceeds the limitation set forth under section 101(e)(3) of the National Security Act of 1947 (50 U.S.C. 3021(e)(3)).”

Rule of Construction for Duplicate Authorization and Appropriation Provisions of Public Laws 99–500, 99–591, and 99–661