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10 U.S.C. § 201 — Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance
Federal law — U.S. Code and appendices · legal_authorities
**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3041/b&num=0&edition=prelim)).
(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.
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Source file: Laws/federal/codes/united-states-code/title-10/section-201-certain-intelligence-officials-consultation-and-concurrence-regarding-ap--f73ce64dbf.md
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Source location: Title 10, Chapter 8, § 201; chapter-008-defense-agencies-and-department-of-defense-field-activities.md
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**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3041/b&num=0&edition=prelim)).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Combat Readiness.—**
(1) Periodically (and not less often than every two years), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense and the congressional defense committees a report on the combat support agencies. Each such report shall include—
(A) a determination with respect to the responsiveness and readiness of each such agency to support operating forces in the event of a war or threat to national security; and
(B) any recommendations that the Chairman considers appropriate.
(2) In preparing each such report, the Chairman shall review the plans of each such agency with respect to its support of operating forces in the event of a war or threat to national security. After consultation with the Secretaries of the military departments and the commanders of the unified and specified combatant commands, as appropriate, the Chairman may, with the approval of the Secretary of Defense, take steps to provide for any revision of those plans that the Chairman considers appropriate.
**(b) Participation in Joint Training Exercises.—** The Chairman shall—
(1) provide for the participation of the combat support agencies in joint training exercises to the extent necessary to ensure that those agencies are capable of performing their support missions with respect to a war or threat to national security; and
(2) assess the performance in joint training exercises of each such agency and, in accordance with guidelines established by the Secretary of Defense, take steps to provide for any change that the Chairman considers appropriate to improve that performance.
**(c) Readiness Reporting System.—** The Chairman shall develop, in consultation with the director of each combat support agency, a uniform system for reporting to the Secretar
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 193
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 97–269, title V, § 501(a), Sept. 27, 1982, 96 Stat. 1145, § 191; amended Pub. L. 98–525, title XIV, § 1405(6), Oct. 19, 1984, 98 Stat. 2622; renumbered § 201, Pub. L. 99–433, title III, § 301(a)(1), Oct. 1, 1986, 100 Stat. 1019; renumbered § 202, Pub. L. 102–190, div. A, title IX, § 922(a)(1), Dec. 5, 1991, 105 Stat. 1453; Pub. L. 105–107, title V, § 503(b), Nov. 20, 1997, 111 Stat. 2262, related to unauthorized use of Defense Intelligence Agency name, initials, or seal, after amendment by Pub. L. 105–107, which transferred subsec. (b) to end of section 425.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
Page 296
TITLE 10—ARMED FORCES
§ 201
Pub. L. 105–85, div. A, title II, § 235(b), Nov. 18, 1997, 111
Stat. 1665, added item 203.
1996—Pub. L. 104–201, div. A, title XI, § 1103(b), Sept.
23, 1996, 110 Stat. 2677, substituted ‘‘Certain intelligence
officials: consultation and concurrence regarding ap-
pointments; evaluation of performance’’ for ‘‘Consulta-
tion regarding appointment of certain intelligence offi-
cials’’ in item 201.
1991—Pub. L. 102–190, div. A, title IX, § 922(b), Dec. 5,
1991, 105 Stat. 1453, added item 201 and redesignated
former item 201 as 202.
1986—Pub. L. 99–433, title III, § 301(a)(2), Oct. 1, 1986,
100 Stat. 1022, added subchapter heading and analysis of
sections for subchapter II.
§ 201. Certain intelligence officials: consultation
and concurrence regarding appointments;
evaluation of performance
(a) CONSULTATION REGARDING APPOINTMENT.—
Before submitting a recommendation to the
President regarding the appointment of an indi-
vidual to the position of Director of the Defense
Intelligence Agency, the Secretary of Defense
shall consult with the Director of National In-
telligence 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 Presi-
dent an individual to be nominated to fill the
vacancy, the Secretary of Defense shall obtain
the concurrence of the Director of National In-
telligence as provided in section 106(b) of the Na-
tional Security Act of 1947 (50 U.S.C. 3041(b)).
(2) Paragraph (1) applies to the following posi-
tions:
(A) The Director of the National Security
Agency.
(B) The Director of the National Reconnais-
sance Office.
(C) The Director of the Natio
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 201
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Director of Central Intelligence Agency** There is a Director of the Central Intelligence Agency who shall be appointed by the President, by and with the advice and consent of the Senate.
**(b) Supervision** The Director of the Central Intelligence Agency shall report to the Director of National Intelligence regarding the activities of the Central Intelligence Agency.
**(c) Duties** The Director of the Central Intelligence Agency shall—
(1) serve as the head of the Central Intelligence Agency; and
(2) carry out the responsibilities specified in subsection (d).
**(d) Responsibilities** The Director of the Central Intelligence Agency shall—
(1) collect intelligence through human sources and by other appropriate means, except that the Director of the Central Intelligence Agency shall have no police, subpoena, or law enforcement powers or internal security functions;
(2) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence;
(3) provide overall direction for and coordination of the collection of national intelligence outside the United States through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other departments, agencies, or elements of the United States Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that appropriate account is taken of the risks to the United States and those involved in such collection; and
(4) perform such other functions and duties related to intelligence affecting the national security as the President or the Director of National Intelligence may direct.
**(e) Termination of employment of CIA employees**
(1) Notw
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3041
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Federal law — U.S. Code and appendices · legal_authorities
Page 631
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3041
Agency, was renumbered by subsequent acts and trans-
ferred. See section 3142 of this title.
AMENDMENTS
2004—Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(G),
substituted ‘‘Director of National Intelligence’’ for ‘‘Di-
rector of Central Intelligence’’.
Subsec. (a)(2). Pub. L. 108–458, § 1071(a)(2)(B), struck
out ‘‘of Central Intelligence’’ after ‘‘Director’’.
Subsec. (b). Pub. L. 108–458, § 1071(a)(2)(C), struck out
‘‘of Central Intelligence’’ after ‘‘notice to the Direc-
tor’’.
Pub. L. 108–458, § 1071(a)(1)(H), substituted ‘‘with the
Director of National Intelligence’’ for ‘‘with the Direc-
tor of Central Intelligence’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2004 AMENDMENT
For Determination by President that amendment by
Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo-
randum 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 in an Effective Date of 2004 Amendment;
Transition Provisions note under section 3001 of this
title.
§ 3040a. Prohibition on collection and mainte-
nance of information of United States per-
sons based on first amendment-protected ac-
tivities
No element of the intelligence community
may collect or maintain information concerning
a United States person (as defined in section
3039 of this title) solely for the purpose of moni-
toring an activity protected by the first amend-
ment to the Constitution of the United States.
(July 26, 1947, ch. 343, title I, § 105C, as added
Pub. L. 117–103, div. X, title III, § 3
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3041
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3041. This identifies an authority to review, not proof of applicability.