 See References in Text note below.

shall not apply to the Board.

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), 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 Tables.

The Federal Advisory Committee Act, referred to in subsec. (d)(6), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

Amendments

2022—Subsec. (d)(3)(A)(i). Pub. L. 117–263, § 6431(1), inserted “, in consultation with the Director of National Intelligence and the Secretary of Defense,” after “Director”.

Subsec. (d)(7). Pub. L. 117–263, § 6431(2), substituted “September 30, 2024” for “the date that is 3 years after the date of the first meeting of the Board”.

2019—Subsec. (d). Pub. L. 116–92 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 113–126, title IV, § 413, July 7, 2014, 128 Stat. 1410, as amended by Pub. L. 117–286, § 4(b)(12), Dec. 27, 2022, 136 Stat. 4344, provided that:

“(a)

In General.—

The amendments made by sections 411 [enacting this section] and 412 [amending sections 8G and 12 of Pub. L. 95–452, formerly set out in the Appendix to Title 5, Government Organization and Employees] shall take effect on October 1, 2014, and shall apply upon the earlier of—

“(1)

in the case of section 411—

“(A)

the date of the first nomination by the President of an individual to serve as the Director of the National Reconnaissance Office that occurs on or after October 1, 2014; or

“(B)

the date of the cessation of the performance of the duties of the Director of the National Reconnaissance Office by the individual performing such duties on October 1, 2014; and

“(2)

in the case of section 412—

“(A)

the date of the first nomination by the President of an individual to serve as the Inspector General of the National Reconnaissance Office that occurs on or after October 1, 2014; or

“(B)

the date of the cessation of the performance of the duties of the Inspector General of the National Reconnaissance Office by the individual performing such duties on October 1, 2014.

“(b)

Exception for Initial Nominations.—

Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Reconnaissance Office or the Inspector General of the National Reconnaissance Office on the date that the President first nominates an individual for such position on or after October 1, 2014, may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position.

“(c)

Incumbent Inspector General.—

The individual serving as Inspector General of the National Reconnaissance Office on the date of the enactment of this Act [July 7, 2014] shall be eligible to be appointed by the President to a new term of service under section 403 of title 5, United States Code, by and with the advice and consent of the Senate.”

Initial Appointments

Pub. L. 116–92, div. E, title LXIV, § 6433(b), Dec. 20, 2019, 133 Stat. 2201, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of the National Reconnaissance Office shall appoint the initial five members to the advisory board under subsection (d) of section 106A of the National Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a).”

Position of Importance and Responsibility

Pub. L. 113–126, title IV, § 411(b), July 7, 2014, 128 Stat. 1409, provided that:

“(1)

In general.—

The President may designate the Director of the National Reconnaissance Office as a position of importance and responsibility under section 601 of title 10, United States Code.

“(2)

Effective date.—

Paragraph (1) shall take effect on the date of the enactment of this Act [July 7, 2014].”