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Title 50 — War and National DefenseRelease 119-73

§3041 Appointment of officials responsible for intelligence-related activities

Title 50 › Chapter CHAPTER 44— - NATIONAL SECURITY › Subchapter SUBCHAPTER I— - COORDINATION FOR NATIONAL SECURITY › § 3041

Last updated Apr 6, 2026|Official source

Summary

When a top intelligence job becomes vacant, the Director of National Intelligence (DNI) must pick and recommend a person to the President to fill two specific posts: the Principal Deputy Director of National Intelligence and the Director of the Central Intelligence Agency. For eight other senior intelligence jobs, the agency head must get the DNI’s agreement before naming someone or recommending a nominee. These include the Directors of the National Security Agency, National Reconnaissance Office, and National Geospatial-Intelligence Agency; the Assistant Secretary of State for Intelligence and Research; the Department of Energy’s intelligence chief; the Treasury’s Assistant Secretary for Intelligence and Analysis; the FBI’s Executive Assistant Director for Intelligence; and the Under Secretary of Homeland Security for Intelligence and Analysis. If the DNI does not agree, the agency head cannot fill the job or make the nomination, but either the DNI or the agency head may tell the President directly that they disagree. For three more positions — the Director of the Defense Intelligence Agency, the Coast Guard’s Assistant Commandant for Intelligence, and the Assistant Attorney General for National Security (under section 507A of title 28) — the agency head must consult the DNI before appointing or recommending someone.

Full Legal Text

Title 50, §3041

War and National Defense — Source: USLM XML via OLRC

(a)(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)(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)(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 403–6 of this title prior to editorial reclassification and renumbering as this section.

Amendments

2019—Pub. L. 116–92, § 6742(b)(2)(A), made technical amendment to section designation in original. Subsec. (b)(2)(E). Pub. L. 116–92, § 6744(c)(1), inserted “and Counterintelligence” after “Office of Intelligence”. 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.” Subsec. (b)(2)(I). Pub. L. 116–92, § 6744(c)(3), redesignated subpar. (I) as (H). Pub. L. 116–92, § 6742(b)(2)(B), realigned margin. 2007—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.” 2006—Subsec. (c)(2)(C). Pub. L. 109–177 added subpar. (C). 2004—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). 2003—Subsec. (a)(2)(C). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”. Subsec. (b)(2)(E). Pub. L. 108–177 added subpar. (E). 2001—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.” 1996—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. 1994—Subsec. (b). Pub. L. 103–359 substituted “Central Imagery Office” for “central imagery authority” in heading and text.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentFor 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.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3041

Title 50 — War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73