Title 50 — War and National Defense
Chapter 44 — National Security
§ 3073. Advisory committees; appointment; compensation of part-time personnel; applicability of other laws
Statutory text
The Director of the Office of Defense Mobilization, the Director of National Intelligence, and the National Security Council, acting through its Executive Secretary, are authorized to appoint such advisory committees and to employ, 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 agencies 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. Retired members of the uniformed services employed by the Director of National Intelligence who hold no other office or position under the United States for which they receive compensation, 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.
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 advising or in which such department or agency is directly interested.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Security Act of 1947
Pub. L. 80–343 · 61 Stat. 495
Enacted · 50 U.S.C. § 3073
July 26, 1947, ch. 343, title III, § 303, 61 Stat. 507
Source evidence
Code source credit
July 26, 1947, ch. 343, title III, § 303, 61 Stat. 507Public Law not identified
Inserted · 50 U.S.C. § 3073(a)
Subsec. (a). Act Aug. 10, 1949, inserted reference to National Security Council, and increased per diem payable to consultants from $35 to $50
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Aug. 10, 1949, inserted reference to National Security Council, and increased per diem payable to consultants from $35 to $50.Public Law not identified
Struck · 50 U.S.C. § 3073(a)
Subsec. (a). Act Aug. 10, 1956, struck out “Secretary of Defense, the” after “The”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Aug. 10, 1956, struck out “Secretary of Defense, the” after “The”.Pub. L. 97–89 § 504(a) · 95 Stat. 1150
Substituted · 50 U.S.C. § 3073(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(a) Subsection (a) of section 303 of the National Security Act of 1947 (50 U.S.C. 405) is amended by striking out “at a rate not to exceed $50 for each day of service” in the last sentence and inserting in lieu thereof the following: “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, United States Code”. 5 USC 5332 note.Pub. L. 97–89 § 504(b) · 95 Stat. 1150
Substituted · 50 U.S.C. § 3073(b)
Pub. L. 97–89, § 504(b), substituted “section 203, 205, or 207 of title 18” for “section 281, 283, or 284 of title 18”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–89, § 504(b), substituted “section 203, 205, or 207 of title 18” for “section 281, 283, or 284 of title 18”.Enacted provision · exact public law section
(b) Subsection (b) of such section is amended by striking out “section 281, 283, or 284 of title 18” and inserting in lieu thereof “section 203, 205, or 207 of title 18”.Intelligence Authorization Act, Fiscal Year 1989
Pub. L. 100–453 title V § 503 · 102 Stat. 1904
Substituted · 50 U.S.C. § 3073(a)
Pub. L. 100–453 substituted “Retired members of the uniformed services employed by the Director of Central Intelligence who hold no other office or position under the United States for which they receive compensation, other” for “Other” in last sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–453 substituted “Retired members of the uniformed services employed by the Director of Central Intelligence who hold no other office or position under the United States for which they receive compensation, other” for “Other” in last sentence.Enacted provision · exact public law section
Sec. 503. Subsection (a) of section 303 of the National Security Act of 1947 (50 U.S.C. 405) is amended by adding at the beginning of the last sentence “Retired members of the uniformed services employed by the Director of Central Intelligence who hold no other office or position under the United States for which they receive compensation,”; and by changing the word immediately thereafter from “Other” to “other”.National Security Intelligence Reform Act of 2004
Pub. L. 108–458 title I § 1071(a)(1)(U) · 118 Stat. 3638
Substituted · 50 U.S.C. § 3073(a)
Pub. L. 108–458 substituted “Director of National Intelligence” for “Director of Central Intelligence” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 108–458 substituted “Director of National Intelligence” for “Director of Central Intelligence” in two places.Enacted provision · exact public law section
(U) Section 303(a) (50 U.S.C. 405(a)), both places it appears.Effective date note
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.
4 of 7 references resolved to an enrolled provision · 1 partial · 2 unresolved
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 Tables.
Codification
Section was formerly classified to section 405 of this title prior to editorial reclassification and renumbering as this section.
Amendments1949–2004 · 6 rounds
2004
Subsec. (a). Pub. L. 108–458 substituted “Director 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 Director of Central Intelligence who hold no other office or position under the United States for which they receive compensation, other” for “Other” in last sentence.
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 “section 203, 205, or 207 of title 18” for “section 281, 283, or 284 of title 18”.
1956
Subsec. (a). Act , struck out “Secretary of Defense, the” after “The”.
1954
Act , amended section generally, substituting the “Director of the Office of Defense Mobilization” for “Chairman of the National Security Resources Board” in subsec. (a), and substituting “sections 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 , 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 , see Memorandum of President of the United States, , 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 , 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 , 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 functions to Office of Emergency Planning, Office of Emergency Preparedness, President, Federal Preparedness Agency, Federal Emergency Management Agency, and Secretary of Homeland Security, see Transfer of Functions notes set out under former section 3042 of this title.
Termination of Advisory Committees
Advisory committees in existence on , to terminate not later than the expiration of the 2-year period following , 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 , 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 members 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 Organization 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. , 14 F.R. 5227, 63 Stat. 1067. See note set out under section 3021 of this title.
Credits
1947–2006 · 12 acts
- 1947July 26, 1947, ch. 343, title III, § 303, 61 Stat. 507
- 1949Aug. 10, 1949, ch. 412, § 10(c), 63 Stat. 585
- 1954Sept. 3, 1954, ch. 1263, § 8, 68 Stat. 1228
- 1956Aug. 10, 1956, ch. 1041, § 53(b), 70A Stat. 676, 684
- 19581958 Reorg. Plan No. 1, § 2, eff. , 23 F.R. 4991, 72 Stat. 1799
- 1968Pub. L. 90–608, ch. IV, § 402, , 82 Stat. 1194
- 1973Ex. Ord. No. 11725, § 3, eff. , 38 F.R. 17175
- 1979Ex. Ord. No. 12148, §§ 1–103, 4–102, , 44 F.R. 43239
- 1981Pub. L. 97–89, title V, § 504, , 95 Stat. 1153
- 1988Pub. L. 100–453, title V, § 503, , 102 Stat. 1910
- 2004Pub. L. 108–458, title I, § 1071(a)(1)(U), , 118 Stat. 3689
- 2006Pub. L. 109–295, title VI, § 612(c), , 120 Stat. 1410.
Show as published
(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. , 23 F.R. 4991, 72 Stat. 1799; Pub. L. 90–608, ch. IV, § 402, , 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. , 38 F.R. 17175; Ex. Ord. No. 12148, §§ 1–103, 4–102, , 44 F.R. 43239; Pub. L. 97–89, title V, § 504, , 95 Stat. 1153; Pub. L. 100–453, title V, § 503, , 102 Stat. 1910; Pub. L. 108–458, title I, § 1071(a)(1)(U), , 118 Stat. 3689; Pub. L. 109–295, title VI, § 612(c), , 120 Stat. 1410.)