50 U.S.C. § 3041 — Appointment of officials responsible for

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, § 303, Mar. 15, 2022, 136 Stat. 965.) § 3041. Appointment of officials responsible for intelligence-related activities (a) Recommendation of DNI in certain appoint- ments (1) In the event of a vacancy in a position re- ferred to in paragraph (2), the Director of Na- tional Intelligence shall recommend to the President an individual for nomination to fill the vacancy. (2) Paragraph (1) applies to the following posi- tions: (A) The Principal Deputy Director of Na- tional Intelligence. (B) The Director of the Central Intelligence Agency. (b) Concurrence of DNI in appointments to posi- tions in the intelligence community (1) In the event of a vacancy in a position re- ferred to in paragraph (2), the head of the de- partment or agency having jurisdiction over the position shall obtain the concurrence of the Di- rector of National Intelligence before appointing an individual to fill the vacancy or recom- mending 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 rec- ommendation 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 con- cerned 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 posi- tions: (A) The Director of the National Security Agency. (B) The Director of the National Reconnais- sance Office. (C) The Director of the National Geospatial- Intelligence Agency. (D) The Assistant Secretary of State for In- telligence 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 Treas- ury. (G) The Executive Assistant Director for In- telligence of the Federal Bureau of Investiga- tion or any successor to that position. (H) The Under Secretary of Homeland Secu- rity for Intelligence and Analysis. (c) Consultation with DNI in certain positions (1) In the event of a vacancy in a position re- ferred to in paragraph (2), the head of the de- partment or agency having jurisdiction over the position shall consult with the Director of Na- tional Intelligence before appointing an indi- vidual 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 posi- tions: (A) The Director of the Defense Intelligence Agency. (B) The Assistant Commandant of the Coast Guard for Intelligence. (C) The Assistant Attorney General des- ignated 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.) Editorial Notes CODIFICATION Section was formerly classified to section 403–6 of this title prior to editorial reclassification and renum- bering as this section. Page 632 TITLE 50—WAR AND NATIONAL DEFENSE § 3041a 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 Intel- ligence’’. Subsec. (b)(2)(F) to (H). Pub. L. 116–92, § 6744(c)(2), (3), redesignated subpars. (G) to (I) as (F) to (H), respec- tively, and struck out former subpar. (F) which read as follows: ‘‘The Director of the Office of Counterintel- ligence of the Department of Energy.’’ Subsec. (b)(2)(I). Pub. L. 116–92, § 6744(c)(3), redesig- nated 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 Secu- rity for Information Analysis.’’ 2006—Subsec. (c)(2)(C). Pub. L. 109–177 added subpar. (C). 2004—Pub. L. 108–458 amended text generally, sub- stituting provisions relating to involvement of Direc- tor of National Intelligence in appointments, con- sisting of subsecs. (a) to (c), for provisions relating to involvement of Director of Central Intelligence in ap- pointments, consisting of subsecs. (a) and (b). 2003—Subsec. (a)(2)(C). Pub. L. 108–136 substituted ‘‘National Geospatial-Intelligence Agency’’ for ‘‘Na- tional 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 sub- pars. (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 Depart- ment of Energy.’’ 1996—Pub. L. 104–293 amended section generally, sub- stituting provisions relating to appointment of individ- uals responsible for intelligence-related activities for provisions relating to administrative provisions per- taining 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 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 as an Effective Date of 2004 Amend- ment; Transition Provisions note under section 3001 of this title. § 3041a. Director of the National Reconnaissance Office (a) In general There is a Director of the National Reconnais- sance Office. (b) Appointment The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions and duties The Director of the National Reconnaissance Office shall be the head of the National Recon- naissance Office and shall discharge such func- tions and duties as are provided by this chapter or otherwise by law or executive order. (d) Advisory Board (1) Establishment There is established in the National Recon- naissance Office an advisory board (in this sec- tion referred to as the ‘‘Board’’). (2) Duties The Board shall— (A) study matters relating to the mission of the National Reconnaissance Office, in- cluding with respect to promoting innova- tion, competition, and resilience in space, overhead reconnaissance, acquisition, and other matters; and (B) advise and report directly to the Direc- tor with respect to such matters. (3) Members (A) Number and appointment (i) In general The Board shall be composed of up to 8 members appointed by the Director, in consultation with the Director of National Intelligence and the Secretary of Defense, from among individuals with dem- onstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnais- sance Office, and who do not present any actual or potential conflict of interest. (ii) Membership structure The Director shall ensure that no more than 2 concurrently serving members of the Board qualify for membership on the Board based predominantly on a single qualification set forth under clause (i). (iii) Notification Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10) of such appointment. (B) Terms Each member shall be appointed for a term of 2 years. Except as provided by subpara- graph (C), a member may not serve more than three terms. (C) Vacancy Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was ap- pointed shall be appointed only for the re- mainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (D) Chair The Board shall have a Chair, who shall be appointed by the Director from among the members. (E) Travel expenses Each member shall receive travel ex- penses, including per diem in lieu of subsist- ence, in accordance with applicable provi- sions under subchapter I of chapter 57 of title 5.