5 USC § 7531. Definitions
For the purpose of this subchapter, “agency” means—
(1) the Department of State;
(2) the Department of Commerce;
(3) the Department of Justice;
(4) the Department of Defense;
(5) a military department;
(6) the Coast Guard;
(7) the Atomic Energy Commission;
(8) the National Aeronautics and Space Administration; and
(9) such other agency of the Government of the United States as the President designates in the best interests of national security.
The President shall report any designation to the Committees on the Armed Services of the Congress.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 528.)
Designation of National Security Agency, Defense Intelligence Agency, and Defense Mapping Agency as “Agencies”
Memorandum of the President of the United States, May 23, 1988, 53 F.R. 26023, provided:
Memorandum for the Secretary of Defense
I have reviewed the personnel security requirements of the National Security Agency, the Defense Intelligence Agency, and the Defense Mapping Agency and the termination provisions of 5 U.S.C. Section 7532. I have determined that these Agencies are sensitive agencies and that it is in the best interests of national security that they be designated “agencies” within the meaning of that section.
Therefore, pursuant to the authority set forth in 5 U.S.C. Section 7531(9), I hereby designate the National Security Agency, the Defense Intelligence Agency, and the Defense Mapping Agency as “agencies” within the meaning of 5 U.S.C. Section 7532.
You are hereby authorized and directed to report these designations to the Committees on Armed Services of the Congress and to publish this memorandum in the Federal Register.