DNII Act of 2026

Summary of S.4876 (119th Congress) – Do Not Interfere in our Intelligence Act of 2026 (DNII Act of 2026)

Purpose and intent

• Establishes a clear framework for who may serve as acting Director of National Intelligence (DNI) in scenarios where the DNI position is vacant, the incumbent is absent, or the acting authority is otherwise needed.
• Aims to improve handling of vacancies and ensure continuity of leadership within the Office of the Director of National Intelligence (ODNI) without undue interference or confusion.

Key provisions and changes

• Vacuum scenarios and acting authority (Section 2):
  • (a) Vacancies filled by Principal Deputy Director of National Intelligence (PDDNI):
  • The PDDNI, if appointed by the President with Senate confirmation (in accordance with the National Security Act of 1947), can act and exercise the powers of the DNI during:
    • The absence or disability of the DNI, or
    • A vacancy in the DNI position.
  • This is intended to operate under the DNI’s statutory framework (specifically 50 U.S.C. 3026(a)(1)).
  • (b) Contingency during vacancy of both DNI and PDDNI:
  • If the PDDNI dies, resigns, or is otherwise unable to perform duties, the President can designate an acting official to perform DNI functions.
  • The acting official must:
    • Hold an ODNI office requiring President and Senate confirmation, and
    • Be appointed to that ODNI office by the President with Senate confirmation.
  • (c) Contingency during vacancy of all Senate-confirmed ODNI offices:
  • If all Senate-confirmed ODNI offices are vacant, the President can designate an acting official to perform DNI functions.
  • The acting official must come from any element of the intelligence community with an office requiring Senate confirmation, and be appointed by the President with Senate confirmation.
  • (d) Exclusivity:
  • If no eligible individual meets the criteria in (a), (b), or (c), the President may appoint an acting DNI under the Federal Vacancies Reform Act of 1998 as a last resort.

Who would be affected

• The current and future DNI and PDDNI, as well as other ODNI officials who are Senate-confirmed.
• The broader U.S. Intelligence Community, due to potential changes in temporary leadership during vacancies or transitions.
• The President, who would have clarified statutory authority to appoint acting DNI officials in vacancy scenarios.

Procedural and timeline aspects

• The bill specifies appointment and confirmation requirements (President appointment with Senate advice and consent) for individuals who would act as DNI in various vacancy scenarios.
• The act references and aligns with:
  • National Security Act of 1947 (50 U.S.C. 3026(a)(1)) for appointment processes.
  • Federal Vacancies Reform Act of 1998 as a fallback mechanism if no other eligible individuals exist.
• Effective only in the context of vacancies, absence, or disability of the DNI and related ODNI offices; it does not itself create new permanent roles but modifies who can act temporarily.

Additional notes

• Co-sponsor: Senator Mark Warner.
• The bill is relatively narrow in scope, aiming to prevent leadership gaps and ensure uninterrupted intelligence leadership during transitions.

If you’d like, I can provide a plain-language comparison with current law (how vacancies are handled today) and a short FAQ-style explainer of potential edge cases.