§3602. Director of the Agency and Director of Compliance

(a)(1) There is a Director of the National Security Agency.

(2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate.

(3) The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this chapter or otherwise by law or executive order.

(b) There is a Director of Compliance of the National Security Agency, who shall be appointed by the Director of the National Security Agency and who shall be responsible for the programs of compliance over mission activities of the National Security Agency.

(Pub. L. 86–36, §2, as added Pub. L. 111–259, title IV, §433, Oct. 7, 2010, 124 Stat. 2732 ; amended Pub. L. 113–126, title IV, §401(a), July 7, 2014, 128 Stat. 1407 .)

Editorial Notes

Codification

Section was formerly classified in a note under section 402 of this title prior to editorial reclassification as this section.

Prior Provisions

A prior section 2 of Pub. L. 86–36, May 29, 1959, 73 Stat. 63 ; Pub. L. 87–367, title II, §201, Oct. 4, 1961, 75 Stat. 789 ; Sept. 23, 1950, ch. 1024, title III, §306(a), as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170 ; Pub. L. 88–426, title III, §306(h), Aug. 14, 1964, 78 Stat. 430 ; Pub. L. 88–631, §3(d), Oct. 6, 1964, 78 Stat. 1008 ; Pub. L. 89–632, §1(e)(1), Oct. 8, 1966, 80 Stat. 878 ; Pub. L. 102–496, title IV, §405, Oct. 24, 1992, 106 Stat. 3186 , related to authority of Secretary of Defense to establish positions and fix compensation, prior to repeal by Pub. L. 104–201, div. A, title XVI, §§1633(b)(1), 1635, Sept. 23, 1996, 110 Stat. 2751 , 2752, effective Oct. 1, 1996.

Amendments

2014-Pub. L. 113–126 added subsec. (a) and designated existing provisions as subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–126, title IV, §403, July 7, 2014, 128 Stat. 1408 , as amended by Pub. L. 117–286, §4(b)(11), Dec. 27, 2022, 136 Stat. 4344 , provided that:

"(a) In General.-Except as otherwise specifically provided, the amendments made by sections 401 [amending this section] and 402 [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 401-

"(A) the date of the first nomination by the President of an individual to serve as the Director of the National Security Agency 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 Security Agency by the individual performing such duties on October 1, 2014; and

"(2) in the case of section 402-

"(A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Security Agency 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 Security Agency 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 Security Agency or the Inspector General of the National Security Agency 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 Security Agency 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."

Position of Importance and Responsibility

Pub. L. 113–126, title IV, §401(b), July 7, 2014, 128 Stat. 1408 , provided that:

"(1) In general.-The President may designate the Director of the National Security Agency 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]."