
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC201]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
 CHAPTER 8--DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES
 
           SUBCHAPTER II--MISCELLANEOUS DEFENSE AGENCY MATTERS
 
Sec. 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 
individual to the position of Director of the Defense Intelligence 
Agency, the Secretary of Defense shall consult with the Director of 
Central Intelligence regarding the recommendation.
    (b) Concurrence in Appointment.--(1) Before submitting a 
recommendation to the President regarding the appointment of an 
individual to a position referred to in paragraph (2), the Secretary of 
Defense shall seek the concurrence of the Director of Central 
Intelligence in the recommendation. If the Director does not concur in 
the recommendation, the Secretary may make the recommendation to the 
President without the Director's concurrence, but shall include in the 
recommendation a statement that the Director does not concur in the 
recommendation.
    (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 Imagery and Mapping Agency.

    (c) Performance Evaluations.--(1) The Director of Central 
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 
Foreign 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 Imagery and Mapping Agency.

(Added Pub. L. 102-190, div. A, title IX, Sec. 922(a)(2), Dec. 5, 1991, 
105 Stat. 1453; amended Pub. L. 104-201, div. A, title XI, Sec. 1103(a), 
Sept. 23, 1996, 110 Stat. 2676.)


                            Prior Provisions

    A prior section 201 was renumbered section 202 of this title and 
subsequently repealed.


                               Amendments

    1996--Pub. L. 104-201 substituted ``Certain intelligence officials: 
consultation and concurrence regarding appointments; evaluation of 
performance'' for ``Consultation regarding appointment of certain 
intelligence officials'' in section catchline and amended text 
generally. Prior to amendment, text read as follows: ``Before submitting 
a recommendation to the President regarding the appointment of an 
individual to the position of Director of the Defense Intelligence 
Agency or Director of the National Security Agency, the Secretary of 
Defense shall consult with the Director of Central Intelligence 
regarding the recommendation.''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section 
1124 of Pub. L. 104-201, set out as a note under section 193 of this 
title.


                           Similar Provisions

    Provisions similar to those in subsecs. (a) and (b) of this section 
are contained in section 403-6(a) and (b) of Title 50, War and National 
Defense.


                       Defense Intelligence Agency

    Section 921 of Pub. L. 102-190, as amended by Pub. L. 103-337, div. 
A, title X, Sec. 1070(d)(1), Oct. 5, 1994, 108 Stat. 2858, provided 
that:
    ``(a) Supervision.--Subject to the authority, direction, and control 
of the Secretary of Defense, the Assistant Secretary of Defense referred 
to in section 138(b)(3) of title 10, United States Code, may during the 
period beginning on the date of the enactment of this Act [Dec. 5, 1991] 
and ending on January 1, 1993, be assigned supervision of the Defense 
Intelligence Agency but, notwithstanding any other provision of law, may 
not be assigned day-to-day operational control over the Defense 
Intelligence Agency.
    ``(b) Responsibilities of Director.--Subject to the authority, 
direction, and control of the Secretary of Defense, the responsibilities 
of the Director of the Defense Intelligence Agency during the period 
beginning on the date of the enactment of this Act [Dec. 5, 1991] and 
ending on January 1, 1993, shall include the following:
        ``(1) Providing intelligence and intelligence support to--
            ``(A) the Secretary of Defense;
            ``(B) the Director of Central Intelligence;
            ``(C) the Chairman of the Joint Chiefs of Staff; and
            ``(D) the commanders of the unified and specified combatant 
        commands.
        ``(2) Managing the General Defense Intelligence Program, 
    including--
            ``(A) preparing, reviewing, and submitting to the Secretary 
        of Defense and the Director of Central Intelligence the budget 
        proposal for that program for any fiscal year; and
            ``(B) supervising the overall execution of the budgets and 
        programs of all functional areas within the General Defense 
        Intelligence Program, with emphasis on science and technology 
        activities, human intelligence activities, and imagery 
        activities.
        ``(3) Ensuring that the roles and authorities of the functional 
    managers within the Defense Intelligence Agency are strong enough to 
    ensure that those managers have a significant role in the 
    preparation, review, approval, and supervision of the overall 
    execution of the budgets and programs within their areas of 
    responsibility.
The provision of substantive intelligence by the Director to the 
officers named in paragraph (1) shall not be subject to prior screening 
by any other official.
    ``(c) Transfer of Certain Activities To DIA.--The Secretary of the 
Army and the Director of the Defense Intelligence Agency shall take all 
required actions, including transfer of all necessary resources, in 
order to transfer the Armed Forces Medical Intelligence Center and the 
Missile and Space Intelligence Center from the Department of the Army to 
the control of the Defense Intelligence Agency. Transfers pursuant to 
the preceding sentence shall be completed not later than January 1, 
1992.''


                        Joint Intelligence Center

    Section 923 of Pub. L. 102-190 provided that:
    ``(a) Requirement for Center.--The Secretary of Defense shall direct 
the consolidation of existing single-service current intelligence 
centers that are located within the District of Columbia or its vicinity 
into a joint intelligence center that is responsible for preparing 
current intelligence assessments (including indications and warning). 
The joint intelligence center shall be located within the District of 
Columbia or its vicinity. As appropriate for the support of military 
operations, the joint intelligence center shall provide for and manage 
the collection and analysis of intelligence.
    ``(b) Management.--The center shall be managed by the Defense 
Intelligence Agency in its capacity as the intelligence staff activity 
of the Chairman of the Joint Chiefs of Staff.
    ``(c) Responsiveness to Command Authorities.--The Secretary shall 
ensure that the center is fully responsive to the intelligence needs of 
the Secretary, the Chairman of the Joint Chiefs of Staff, and the 
commanders of the combatant commands.''
