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10 U.S.C. § 201Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance

submitted 35 years ago by Pub. L. 102-190 to r/title-10-ARMED-FORCES · 233 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before naming a Defense Intelligence Agency Director, the Secretary of Defense must consult the Director of National Intelligence. For the heads of the NSA, NRO, and NGA, that Director must actually agree to the choice. Each year, that Director also rates how well those three officials perform.

(a) Consultation regarding appointment: Before the Secretary of Defense recommends anyone to the President to be appointed Director of the Defense Intelligence Agency, the Secretary must first consult with the Director of National Intelligence about that recommendation. (b) Concurrence in appointment: (1) If one of the positions listed in (2) becomes vacant, the Secretary of Defense must get the Director of National Intelligence to agree — "concur" — before either appointing someone to fill it, or recommending someone to the President to be nominated to fill it. This agreement process follows the rules in section 106(b) of the National Security Act of 1947. (2) This concurrence requirement covers three positions: (A) the Director of the National Security Agency, (B) the Director of the National Reconnaissance Office, and (C) the Director of the National Geospatial-Intelligence Agency. (c) Performance evaluations: (1) Each year, the Director of National Intelligence must give the Secretary of Defense a written evaluation, for the Secretary to consider, of how well the people holding the positions in (2) are doing their jobs related to the National Intelligence Program. (2) This evaluation requirement covers the same three positions listed above: the Directors of the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency.
the actual law source: uscode.house.gov ↗public domain
(a)Consultation Regarding Appointment.—

Before submitting a recommendation to the President regarding the appointment of an individual to the position of Director of the Defense Intelligence Agency, the Secretary of Defense shall consult with the Director of National Intelligence regarding the recommendation.

(b)Concurrence in Appointment.—
(1)

In the event of a vacancy in a position referred to in paragraph (2), before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy, the Secretary of Defense shall obtain the concurrence of the Director of National Intelligence as provided in section 106(b) of the National Security Act of 1947 (50 U.S.C. 3041(b)).

(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.

(c)Performance Evaluations.—
(1)

The Director of National Intelligence shall provide annually to the Secretary of Defense, for the Secretary’s consideration, an evaluation of the performance of the individuals holding the positions referred to in paragraph (2) in fulfilling their respective responsibilities with regard to the National Intelligence Program.

(2)

The positions referred to in paragraph (1) are the following:

(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.

Source credit: (Added Pub. L. 102–190, div. A, title IX, § 922(a)(2), Dec. 5, 1991, 105 Stat. 1453; amended Pub. L. 104–201, div. A, title XI, § 1103(a), Sept. 23, 1996, 110 Stat. 2676; Pub. L. 108–136, div. A, title IX, § 921(d)(4), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 110–181, div. A, title IX, § 931(a)(4), (5), (c)(2), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, § 932(a)(3)–(5), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, § 1073(c)(10), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 113–291, div. A, title X, § 1071(c)(4), Dec. 19, 2014, 128 Stat. 3508.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-190 · 105 Stat. 1453
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2676
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1569
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 285
  • 2008Amended · Pub. L. 110-417 · 122 Stat. 4576
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2475
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3508

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-190 on 1991-12-05.

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