50 U.S.C. § 3073 — Advisory committees; appointment; com-

Page 658 TITLE 50—WAR AND NATIONAL DEFENSE § 3072a PRIOR PROVISIONS A prior section 302 of act July 26, 1947, ch. 343, title III, 61 Stat. 507; Aug. 10, 1949, ch. 412, § 10(b), 63 Stat. 585; Aug. 10, 1956, ch. 1041, § 21, 70A Stat. 629, was classified to section 171c–2 of former Title 5, Executive Depart- ments and Government Officers and Employees, prior to repeal by Pub. L. 87–651, title III, § 307A, Sept. 7, 1962, 76 Stat. 526. § 3072a. Reports on exercise of authority (1) Not later than one year after December 13, 2003, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the appropriate committees of Congress a report on the exercise of the authority in section 3072 of this title. (2) Each report under this section shall in- clude, for the one-year period ending on the date of such report, the following: (A) The number of contracts entered into during the period. (B) The cost of each such contract. (C) The length of each such contract. (D) The types of services to be provided under each such contract. (E) The availability, if any, of United States Government personnel to perform functions similar to the services to be provided under each such contract. (F) The efforts of the Federal Bureau of In- vestigation to fill available personnel vacan- cies, or request additional personnel positions, in areas relating to the intelligence or coun- terintelligence mission of the Bureau. (3) Each report under this section shall be sub- mitted in unclassified form, but may include a classified annex. (4) In this section— (A) for purposes of the submittal of the clas- sified annex to any report under this section, the term ‘‘appropriate committees of Con- gress’’ means— (i) the Select Committee on Intelligence of the Senate; and (ii) the Permanent Select Committee on Intelligence of the House of Representatives; and (B) for purposes of the submittal of the un- classified portion of any report under this sec- tion, the term ‘‘appropriate committees of Congress’’ means— (i) the committees specified in subpara- graph (A); (ii) the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate; and (iii) the Committees on Appropriations, Government Reform and Oversight, and the Judiciary of the House of Representatives. (Pub. L. 108–177, title III, § 311(b), Dec. 13, 2003, 117 Stat. 2605.) Editorial Notes CODIFICATION Section was formerly classified to section 409b–1 of this title prior to editorial reclassification and renum- bering as this section. Section was enacted as part of the Intelligence Au- thorization Act for Fiscal Year 2004, and not as part of the National Security Act of 1947 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. 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. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 3073. Advisory committees; appointment; com- pensation of part-time personnel; applica- bility of other laws (a) The Director of the Office of Defense Mobi- lization, the Director of National Intelligence, and the National Security Council, acting through its Executive Secretary, are authorized to appoint such advisory committees and to em- ploy, consistent with other provisions of this chapter, such part-time advisory personnel as they may deem necessary in carrying out their respective functions and the functions of agen- cies under their control. Persons holding other offices or positions under the United States for which they receive compensation, while serving as members of such committees, shall receive no additional compensation for such service. Re- tired members of the uniformed services em- ployed by the Director of National Intelligence who hold no other office or position under the United States for which they receive compensa- tion, other members of such committees and other part-time advisory personnel so employed may serve without compensation or may receive compensation at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS–18 of the General Schedule established by section 5332 of title 5, as determined by the appointing authority. (b) Service of an individual as a member of any such advisory committee, or in any other part-time capacity for a department or agency hereunder, shall not be considered as service bringing such individual within the provisions of section 203, 205, or 207 of title 18, unless the act of such individual, which by such section is made unlawful when performed by an individual referred to in such section, is with respect to any particular matter which directly involves a department or agency which such person is ad- vising or in which such department or agency is directly interested. (July 26, 1947, ch. 343, title III, § 303, 61 Stat. 507; Aug. 10, 1949, ch. 412, § 10(c), 63 Stat. 585; Sept. 3, 1954, ch. 1263, § 8, 68 Stat. 1228; Aug. 10, 1956, ch. 1041, § 53(b), 70A Stat. 676, 684; 1958 Reorg. Plan No. 1, § 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. Page 659 TITLE 50—WAR AND NATIONAL DEFENSE § 3073a 1799; Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38 F.R. 17175; Ex. Ord. No. 12148, §§ 1–103, 4–102, July 20, 1979, 44 F.R. 43239; Pub. L. 97–89, title V, § 504, Dec. 4, 1981, 95 Stat. 1153; Pub. L. 100–453, title V, § 503, Sept. 29, 1988, 102 Stat. 1910; Pub. L. 108–458, title I, § 1071(a)(1)(U), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Ta- bles. CODIFICATION Section was formerly classified to section 405 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–458 substituted ‘‘Direc- tor of National Intelligence’’ for ‘‘Director of Central Intelligence’’ in two places. 1988—Subsec. (a). Pub. L. 100–453 substituted ‘‘Retired members of the uniformed services employed by the Di- rector of Central Intelligence who hold no other office or position under the United States for which they re- ceive compensation, other’’ for ‘‘Other’’ in last sen- tence. 1981—Subsec. (a). Pub. L. 97–89, § 504(a), substituted ‘‘at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS–18 of the General Schedule established by section 5332 of title 5’’ for ‘‘at a rate not to exceed $50 for each day of service’’. Subsec. (b). Pub. L. 97–89, § 504(b), substituted ‘‘sec- tion 203, 205, or 207 of title 18’’ for ‘‘section 281, 283, or 284 of title 18’’. 1956—Subsec. (a). Act Aug. 10, 1956, struck out ‘‘Sec- retary of Defense, the’’ after ‘‘The’’. 1954—Act Sept. 3, 1954, amended section generally, substituting the ‘‘Director of the Office of Defense Mo- bilization’’ for ‘‘Chairman of the National Security Re- sources Board’’ in subsec. (a), and substituting ‘‘sec- tions 281, 283, or 284 of title 18’’ for ‘‘sections 198 or 203 of title 18 or section 119(e) of title 41’’. 1949—Subsec. (a). Act Aug. 10, 1949, inserted reference to National Security Council, and increased per diem payable to consultants from $35 to $50. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum 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 DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces. TRANSFER OF FUNCTIONS For abolition of Office of Defense Mobilization and its Director and transfers and delegations of their func- tions to Office of Emergency Planning, Office of Emer- gency Preparedness, President, Federal Preparedness Agency, Federal Emergency Management Agency, and Secretary of Homeland Security, see Transfer of Func- tions notes set out under former section 3042 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. ADVISORY COMMITTEE MEMBERS AND PERSONNEL; PER DIEM COMPENSATION Act June 24, 1948, ch. 632, 62 Stat. 648, which related to authority of former Chairman of National Security Resources Board to appoint advisory committee mem- bers and part-time advisory personnel at rates up to $50 per day, was superseded by section 3073(a) of this title. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. Executive Documents TRANSFER OF FUNCTIONS National Security Council transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. 1067. See note set out under section 3021 of this title. § 3073a. Requirements for certain employment activities by former intelligence officers and employees (a) Post-employment restrictions (1) Covered post-service position (A) Permanent restriction Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intel- ligence position may not occupy a covered post-service position for a designated prohib- ited foreign country following the date on which the employee ceases to occupy a cov- ered intelligence position. (B) Temporary restriction Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intel- ligence position may not occupy a covered post-service position during the 30-month period following the date on which the em-