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

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(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)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)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 and Counterintelligence of the Department of Energy.

(F)The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.

(G)The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or any successor to that position.

(H)The Under Secretary of Homeland Security for Intelligence and 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)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.

(C)The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28.

(July 26, 1947, ch. 343, title I, § 106, as added Pub. L. 102–496, title VII, § 706(a), Oct. 24, 1992, 106 Stat. 3195; amended Pub. L. 103–359, title V, § 501(a)(3), Oct. 14, 1994, 108 Stat. 3428; Pub. L. 104–293, title VIII, § 815(a), Oct. 11, 1996, 110 Stat. 3484; Pub. L. 107–108, title III, § 308, Dec. 28, 2001, 115 Stat. 1399; Pub. L. 108–136, div. A, title IX, § 921(e)(5), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 108–177, title I, § 105(c), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 108–458, title I, § 1014, Dec. 17, 2004, 118 Stat. 3663;

Pub. L. 109–177, title V, § 506(a)(4), Mar. 9, 2006, 120 Stat. 247; Pub. L. 110–53, title V, § 531(b)(5), Aug. 3, 2007, 121 Stat. 334; Pub. L. 116–92, div. E, title LXVII, §§ 6742(b)(2), 6744(c), Dec. 20, 2019, 133 Stat. 2239, 2241.)

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