Section 1 Short title
This Act may be cited as the “Do Not Interfere in our Intelligence Act of 2026” or the “DNII Act of 2026”.
Do Not Interfere in our Intelligence Act of 2026
A BILL
To improve handling of vacancies of the Director of National Intelligence, and for other purposes.
Sec. 2 Vacancies in position of Director of National Intelligence
Vacancies filled by Principal Deputy Director— Notwithstanding sections 3345 through 3349d of title 5, United States Code (commonly referred to as the “Federal Vacancies Reform Act of 1998”), or any other provision of law, the Principal Deputy Director of National Intelligence, if appointed by the President, by and with the advice and consent of the Senate, in accordance with section 103A(a)(1) of the National Security Act of 1947 (50 U.S.C. 3026(a)(1)), shall act for, and exercise the powers of, the Director of National Intelligence during the absence or disability of the Director of National Intelligence or during a vacancy in the position of Director of National Intelligence in accordance with section 103A(a)(6) of the National Security Act of 1947.
Contingency during vacancy of both the Director of National Intelligence and the Principal Deputy Director of National Intelligence— Notwithstanding the Federal Vacancies Reform Act of 1998, or any other provision of law, if, and only if, the Principal Deputy Director of National Intelligence appointed by the President, by and with the advice and consent of the Senate, in accordance with section 103A(a)(1) of the National Security Act of 1947 (50 U.S.C. 3026(a)(1)) dies, resigns, or is otherwise unable to perform the functions and duties of the office during a vacancy in the position of the Director of National Intelligence, the President shall direct to perform the functions and duties of the Director of National Intelligence temporarily in an acting capacity an individual who—
serves in an office within the Office of the Director of National Intelligence for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
is appointed to such office by the President, by and with the advice and consent of the Senate.
Contingency during a vacancy of all Senate confirmed offices within the Office of the Director of National Intelligence— Notwithstanding the Federal Vacancies Reform Act of 1998, or any other provision of law, if, and only if, all offices within the Office of the Director of National Intelligence for which appointment is required to be made by the President, by and with the advice and consent of the Senate, are vacant, the President shall direct to perform the functions and duties of the Director of National Intelligence temporarily in an acting capacity an individual who—
serves in an office of any element of the intelligence community for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
is appointed to such office by the President, by and with the advice and consent of the Senate.
Exclusivity— If, and only if, no other individual meets the requirements of subsections (a), (b), or (c), the President, in accordance with the Federal Vacancies Reform Act of 1998, may direct an individual to perform the functions and duties of the Director of National Intelligence temporarily in an acting capacity.