§ 3041. Appointment of officials responsible for intelligence-related activities

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.

1. 1947

   Intelligence Organization Act of 1992

   Pub. L. 102–496 title VII § 706(a) · 106 Stat. 3180

   Enacted · 50 U.S.C. § 3041

   July 26, 1947, ch. 343, title I, § 106, as added Pub. L. 102–496, title VII, § 706(a), Oct. 24, 1992, 106 Stat. 3195

   Source evidence

   Code source credit
   July 26, 1947, ch. 343, title I, § 106, as added Pub. L. 102–496, title VII, § 706(a), Oct. 24, 1992, 106 Stat. 3195

   Enacted provision · exact public law section
   (a) In General.— The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting after section 104 (as added by section 705) the following new sections: “Sec. 105. “responsibilities of the secretary of defense pertaining to the national foreign intelligence program (a) In General.— The Secretary of Defense shall— “(1) ensure that the budgets of the elements of the intelligence community within the Department of Defense are adequate to satisfy the overall intelligence needs of the Department of Defense, including the needs of the chairman of the Joint Chiefs of Staff and the commanders of the unified and specified commands and, wherever such elements are performing government wide functions, the needs of other departments and agencies; “(2) ensure appropriate implementation of the policies and resource decisions of the Director of Central Intelligence by elements of the Department of Defense within the National Foreign Intelligence Program; “(3) ensure that the tactical intelligence activities of the Department of Defense complement and are compatible with intelligence activities under the National Foreign Intelligence Program; “(4) ensure that the elements of the intelligence community within the Department of Defense are responsive and timely with respect to satisfying the needs of operational military forces; “(5) eliminate waste and unnecessary duplication among the intelligence activities of the Department of Defense; and “(6) ensure that intelligence activities of the Department of Defense are conducted jointly where appropriate. “(b) Responsibility for the Performance of Specific Functions.— Consistent with sections 103 and 104 of this Act, the Secretary of Defense shall ensure— “(1) through the National Security Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the conduct of signals intelligence activities and shall ensure that the product is disseminated in a timely manner to authorized recipients; “(2) through a central imagery authority (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the continued operation of an effective unified organization within the Department of Defense for carrying out tasking of imagery collection, for the coordination of imagery processing and exploitation activities, and for ensuring the dissemination of imagery in a timely manner to authorized recipients; “(3) through the National Reconnaissance Office (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the research and development, acquisition, and operation of overhead reconnaissance systems necessary to satisfy the requirements of all elements of the intelligence community; “(4) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified system within the Department of Defense for the production of timely, objective military and military-related intelligence, based upon all sources available to the intelligence community, and shall ensure the appropriate dissemination of such intelligence to authorized recipients; “(5) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), effective management of Department of Defense human intelligence activities, including defense attaches; and “(6) that the military departments maintain sufficient capabilities to collect and produce intelligence to meet— “(A) the requirements of the Director of Central Intelligence; “(B) the requirements of the Secretary of Defense or the Chairman of the Joint Chiefs of Staff; “(C) the requirements of the unified and specified combatant commands and of joint operations: and “(D) the specialized requirements of the military departments for intelligence necessary to support tactical commanders, military planners, the research and development process, the acquisition of military equipment, and training and doctrine. “(c) Use of Elements of Department of Defense.— The Secretary of Defense, in carrying out the functions described in this section, may use such elements of the Department of Defense as may be appropriate for the execution of those functions, in addition to, or in lieu of, the elements identified in this section. “Sec. 106. “administrative provisions pertaining to defense elements within the intelligence community (a) Consultations With Regard to Certain Appointments.— The Secretary of Defense shall undertake appro-priate consultations with the Director of Central Intelligence before the appointment of any individual as head of the National Security Agency, the National Reconnaissance Office, or the Defense Intelligence Agency. “(b) Appointment of Head of Central Imagery Authority.— The Secretary shall appoint, upon the recommendation of the Director, the head of the central imagery authority within the Department of Defense.”.

2. 1994

   Intelligence Authorization Act for Fiscal Year 1995

   Pub. L. 103–359 title V § 501(a)(3) · 108 Stat. 3423

   Substituted · 50 U.S.C. § 3041(b)

   Pub. L. 103–359 substituted “Central Imagery Office” for “central imagery authority” in heading and text

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–359 substituted “Central Imagery Office” for “central imagery authority” in heading and text.

   Enacted provision · exact public law section
   (3) Section 106(b) of such Act (50 U.S.C. 403–6(b)) is amended— (A) in the subsection caption, by striking out “Central Imagery Authority” and inserting in lieu thereof “Central Imagery Office”; and (B) by striking out “central imagery authority” and inserting in lieu thereof “Central Imagery Office”.

3. 1996

   Intelligence Renewal and Reform Act of 1996

   Pub. L. 104–293 title VIII § 815(a) · 110 Stat. 3461

   1. Amended · 50 U.S.C. § 3041

      Pub. L. 104–293 amended section generally

   2. Substituted · 50 U.S.C. § 3041

      Pub. L. 104–293 substituting provisions relating to appointment of individuals responsible for intelligence-related activities for provisions relating to administrative provisions pertaining to defense elements within the intelligence community

   Source evidence

   Code amendment note
   Pub. L. 104–293 amended section generally, substituting provisions relating to appointment of individuals responsible for intelligence-related activities for provisions relating to administrative provisions pertaining to defense elements within the intelligence community.

   Enacted provision · exact public law section
   SEC. 815. APPOINTMENT OF OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES. (c) In General.— Section 106 of the National Security Act of 1947 (50 U.S.C. 403–6) is amended to read as follows: “Sec. 106. (a) Concurrence of DCI in Certain Appointments.— (1) In the event of a vacancy in a position referred to in paragraph (2), the Secretary of Defense shall obtain the concurrence of the Director of Central Intelligence before recommending to the President an individual for appointment to the position. If the Director does not concur in the recommendation, the Secretary may make the recommendation to the President without the Director’s concurrence, but shall include in the recommendation a statement that the Director does not concur in the recommendation. “(2) Paragraph (1) applies to the following positions: “(A) The Director of the National Security Agency. “(B) The Director of the National Reconnaissance Office. “(C) The Director of the National Imagery and Mapping Agency. “(b) Consultation with DCI in Certain Appointments.— (1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall consult with the Director of Central Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy. “(2) Paragraph (1) applies to the following positions: “(A) The Director of the Defense Intelligence Agency. “(B) The Assistant Secretary of State for Intelligence and Research “(C) The Director of the Office of Nonproliferation and National Security of the Department of Energy. “(3) In the event of a vacancy in the position of the Assistant Director, National Security Division of the Federal Bureau of Investigation, the Director of the Federal Bureau of Investigation shall provide timely notice to the Director of Central Intelligence of the recommendation of the Director of the Federal Bureau of Investigation of an individual to fill the position in order that the Director of Central Intelligence may consult with the Director of the Federal Bureau of Investigation before the Attorney General appoints an individual to fill the vacancy.”. (d) Clerical Amendment— The table of contents for that Act is amended by striking out the item relating to section 106 and inserting in lieu thereof the following new item: “Sec. 106. Appointment of officials responsible for intelligence-related activities”.

4. 2001

   Intelligence Authorization Act for Fiscal Year 2002

   Pub. L. 107–108 title III § 308 · 115 Stat. 1394

   1. Added · 50 U.S.C. § 3041(b)(2)(C); 50 U.S.C. § 3041(b)(2)(D)

      Pub. L. 107–108 added subpars. (C) and (D)

   2. Struck · 50 U.S.C. § 3041(b)(2)(C); 50 U.S.C. § 3041(b)(2)(D)

      Pub. L. 107–108 struck out former subpar. (C) which read as follows: “The Director of the Office of Nonproliferation and National Security of the Department of Energy.”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C), (D). Pub. L. 107–108 added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “The Director of the Office of Nonproliferation and National Security of the Department of Energy.”

   Enacted provision · exact public law section
   SEC. 308. MODIFICATION OF POSITIONS REQUIRING CONSULTATION WITH DIRECTOR OF CENTRAL INTELLIGENCE IN APPOINTMENTS. Section 106(b)(2) of the National Security Act of 1947 (50 U.S.C. 403–6(b)(2)) is amended by striking subparagraph (C) and inserting the following new subparagraphs: “(C) The Director of the Office of Intelligence of the Department of Energy. “(D) The Director of the Office of Counterintelligence of the Department of Energy.”.

5. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title IX § 921(e)(5) · 117 Stat. 1392

   Substituted · 50 U.S.C. § 3041(a)(2)(C)

   Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(C). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

   Enacted provision · exact public law section
   (5) Section 106 (50 U.S.C. 403–6) is amended by striking “National Imagery and Mapping Agency” in subsection (a)(2)(C) and inserting “National Geospatial-Intelligence Agency”.

6. 2003

   Intelligence Authorization Act for Fiscal Year 2004

   Pub. L. 108–177 title I § 105(c) · 117 Stat. 2599

   Added · 50 U.S.C. § 3041(b)(2)(E)

   Pub. L. 108–177 added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(E). Pub. L. 108–177 added subpar. (E).

   Enacted provision · exact public law section
   (c) Consultation With DCI in Appointment of Assistant Secretary.— Section 106(b)(2) of the National Security Act of 1947 (50 U.S.C. 403–6(b)(2)) is amended by adding at the end the following: “(E) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.” .

7. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 title I § 1014 · 118 Stat. 3638

   1. Amended · 50 U.S.C. § 3041

      Pub. L. 108–458 amended text generally

   2. Substituted · 50 U.S.C. § 3041

      Pub. L. 108–458 substituting provisions relating to involvement of Director of National Intelligence in appointments, consisting of subsecs. (a) to (c), for provisions relating to involvement of Director of Central Intelligence in appointments, consisting of subsecs. (a) and (b)

   Source evidence

   Code amendment note
   Pub. L. 108–458 amended text generally, substituting provisions relating to involvement of Director of National Intelligence in appointments, consisting of subsecs. (a) to (c), for provisions relating to involvement of Director of Central Intelligence in appointments, consisting of subsecs. (a) and (b).

   Enacted provision · exact public law section
   SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES.   Section 106 of the National Security Act of 1947 (50 U.S.C. 403–6) is amended by striking all after the heading and inserting the following: “(a) Recommendation of DNI in Certain Appointments.— (1) In the event of a vacancy in a position referred to in paragraph (2), the Director of National Intelligence shall recommend to the President an individual for nomination to fill the vacancy. “(2) Applicability. Paragraph (1) applies to the following positions: “(A) The Principal Deputy Director of National Intelligence. “(B) The Director of the Central Intelligence Agency. “(b) Concurrence of DNI in Appointments to Positions in the Intelligence Community.— (1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall obtain the concurrence of the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy. If the Director does not concur in the recommendation, the head of the department or agency concerned may not fill the vacancy or make the recommendation to the President (as the case may be). In the case in which the Director does not concur in such a recommendation, the Director and the head of the department or agency concerned may advise the President directly of the intention to withhold concurrence or to make a recommendation, as the case may be. “(2) Applicability. Paragraph (1) applies to the following positions: “(A) The Director of the National Security Agency. “(B) The Director of the National Reconnaissance Office. “(C) The Director of the National Geospatial-Intelligence Agency. “(D) The Assistant Secretary of State for Intelligence and Research. “(E) The Director of the Office of Intelligence of the Department of Energy. “(F) The Director of the Office of Counterintelligence of the Department of Energy. “(G) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. “(H) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or any successor to that position. “(I) The Assistant Secretary of Homeland Security for Information Analysis. “(c) Consultation With DNI in Certain Positions.— (1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall consult with the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy. “(2) Applicability. Paragraph (1) applies to the following positions: “(A) The Director of the Defense Intelligence Agency. “(B) The Assistant Commandant of the Coast Guard for Intelligence.” .

   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 as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

8. 2006

   USA PATRIOT Improvement and Reauthorization Act of 2005

   Pub. L. 109–177 title V § 506(a)(4) · 120 Stat. 192

   Added · 50 U.S.C. § 3041(c)(2)(C)

   Pub. L. 109–177 added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 109–177 added subpar. (C).

   Enacted provision · exact public law section
   (4) Consultation of director of national intelligence in appointment.— Section 106(c)(2) of the National Security Act of 1947 (50 U.S.C. 403–6(c)(2)) is amended by adding at the end the following new subparagraph: “(C) The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28, United States Code.” .

9. 2007

   Pub. L. 110–53 title V § 531(b)(5) · 121 Stat. 266

   Amended · 50 U.S.C. § 3041(b)(2)(I)

   Pub. L. 110–53 amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: “The Assistant Secretary of Homeland Security for Information Analysis.”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(I). Pub. L. 110–53 amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: “The Assistant Secretary of Homeland Security for Information Analysis.”

   Enacted provision · exact public law section
   (5) National security act of 1947.— Section 106(b)(2)(I) of the National Security Act of 1947 (50 U.S.C. 403–6) is amended to read as follows: “(I) The Under Secretary of Homeland Security for Intelligence and Analysis.” .

10. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 6742(b)(2)(A) · 133 Stat. 1198

    Amended · 50 U.S.C. § 3041

    Pub. L. 116–92, § 6742(b)(2)(A), made technical amendment to section designation in original

    Source evidence

    Code amendment note
    Pub. L. 116–92, § 6742(b)(2)(A), made technical amendment to section designation in original.

11. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 6744(c)(1) · 133 Stat. 1198

    Inserted · 50 U.S.C. § 3041(b)(2)(E)

    Pub. L. 116–92, § 6744(c)(1), inserted “and Counterintelligence” after “Office of Intelligence”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(E). Pub. L. 116–92, § 6744(c)(1), inserted “and Counterintelligence” after “Office of Intelligence”.

12. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 6744(c)(2) · 133 Stat. 1198

    1. Redesignated · 50 U.S.C. § 3041(b)(2)(F)(H)

       Pub. L. 116–92, § 6744(c)(2), (3), redesignated subpars. (G) to (I) as (F) to (H), respectively

    2. Struck · 50 U.S.C. § 3041(b)(2)(F)(H)

       Pub. L. 116–92, § 6744(c)(2), (3), struck out former subpar. (F) which read as follows: “The Director of the Office of Counterintelligence of the Department of Energy.”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F) to (H). Pub. L. 116–92, § 6744(c)(2), (3), redesignated subpars. (G) to (I) as (F) to (H), respectively, and struck out former subpar. (F) which read as follows: “The Director of the Office of Counterintelligence of the Department of Energy.”

13. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 6744(c)(3) · 133 Stat. 1198

    Redesignated · 50 U.S.C. § 3041(b)(2)(I)

    Pub. L. 116–92, § 6744(c)(3), redesignated subpar. (I) as (H)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(I). Pub. L. 116–92, § 6744(c)(3), redesignated subpar. (I) as (H).

14. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 6742(b)(2)(B) · 133 Stat. 1198

    Changed · 50 U.S.C. § 3041(b)(2)(I)

    Pub. L. 116–92, § 6742(b)(2)(B), realigned margin

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–92, § 6742(b)(2)(B), realigned margin.

12 of 18 references resolved to an enrolled provision · 6 partial