50 U.S.C. § 3023 | Director of National Intelligence

(a)

Director of National Intelligence

(1)

There is a Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate. Any individual nominated for appointment as Director of National Intelligence shall have extensive national security expertise.

(2)

The Director of National Intelligence shall not be located within the Executive Office of the President.

(b)

Principal responsibility

Subject to the authority, direction, and control of the President, the Director of National Intelligence shall—

(1)

serve as head of the intelligence community;

(2)

act as the principal adviser to the President, to the National Security Council, and the Homeland Security Council for intelligence matters related to the national security; and

(3)

consistent with section 1018 of the National Security Intelligence Reform Act of 2004, oversee and direct the implementation of the National Intelligence Program.

(c)

Prohibition on dual service

The individual serving in the position of Director of National Intelligence shall not, while so serving, also serve as the Director of the Central Intelligence Agency or as the head of any other element of the intelligence community.

July 26, 1947, ch. 343 Pub. L. 108–458, title I, § 1011(a)Dec. 17, 2004118 Stat. 3644 (, title I, § 102, as added , , .)

Editorial Notes

References in Text

section 1018 of Pub. L. 108–458Section 1018 of the National Security Intelligence Reform Act of 2004, referred to in subsec. (b)(3), is , which is set out as a note below.

Codification

section 403 of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.

Prior Provisions

act July 26, 1947, ch. 343, title I Pub. L. 104–293, title VIIIOct. 11, 1996110 Stat. 3477 Pub. L. 105–107, title IV, § 405Nov. 20, 1997111 Stat. 2261 Pub. L. 105–272, title III, § 306Oct. 20, 1998112 Stat. 2401 Pub. L. 108–458, title IDec. 17, 2004118 Stat. 3643 Dec. 17, 2004section 3036 of this titleA prior section 102 of , as added and amended , §§ 805(a), 809(a), 810, 811, , , 3481, 3482; , , ; , , , related to Office of the Director of Central Intelligence prior to repeal by , §§ 1011(a), 1097(a), , , 3698, effective not later than six months after , except as otherwise expressly provided. See .

act July 26, 1947, ch. 343, title I 61 Stat. 497 act Apr. 4, 1953, ch. 16 67 Stat. 19 Pub. L. 102–496, title VII, § 704Oct. 24, 1992106 Stat. 3189 Pub. L. 104–93, title VII, § 701Jan. 6, 1996109 Stat. 977 Pub. L. 104–106, div. A, title V, § 570Feb. 10, 1996110 Stat. 353 Pub. L. 104–293, title VIII, § 805(a)Oct. 11, 1996110 Stat. 3477 Another prior section 102 of , ; , ; , , ; , , ; , , , related to establishment of Central Intelligence Agency and appointment and functions of its Director and Deputy Director prior to repeal by , , .

Statutory Notes and Related Subsidiaries

Effective Date

Apr. 21, 2005Apr. 21, 2005section 3001 of this titleFor Determination by President that section take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under .

Dec. 17, 2004section 1097(a) of Pub. L. 108–458 section 3001 of this titleSection effective not later than six months after , except as otherwise expressly provided, see , set out in an Effective Date of 2004 Amendment; Transition Provisions note under .

Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program

Pub. L. 113–126, title III, § 314July 7, 2014128 Stat. 1399

“Notwithstanding any other provision of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act [see Tables for classification]. The merger shall go into effect no earlier than 30 days after written notification of the merger is provided to the congressional intelligence committees.”

, , , provided that:

section 314 of Pub. L. 113–126 section 2 of Pub. L. 113–126 section 3003 of this title[For definition of “congressional intelligence committees” as used in , set out above, see , set out as a note under .]

Presidential Guidelines on Implementation and Preservation of Authorities

Pub. L. 108–458, title I, § 1018Dec. 17, 2004118 Stat. 3670

“The President shall issue guidelines to ensure the effective implementation and execution within the executive branch of the authorities granted to the Director of National Intelligence by this title [see Tables for classification] and the amendments made by this title, in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments of the United States Government concerning such departments, including, but not limited to:

“(1)

the authority of the Director of the Office of Management and Budget; and

“(2)

the authority of the principal officers of the executive departments as heads of their respective departments, including, but not limited to, under—

“(A)

22 U.S.C. 2651 section 199 of the Revised Statutes ();

“(B)

42 U.S.C. 7131 title II of the Department of Energy Organization Act ( et seq.);

“(C)

Act Aug. 1, 1956, ch. 841 the State Department Basic Authorities Act of 1956 [, see Tables for classification];

“(D)

6 U.S.C. 112(a) section 102(a) of the Homeland Security Act of 2002 (); and

“(E)

sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of title 28, and 301(b) of title 31, United States Code.”

, , , provided that:

Report on Lessons Learned From Military Operations in Iraq

Pub. L. 108–177, title III, § 357Dec. 13, 2003117 Stat. 2621 Pub. L. 108–458, title I, § 1071(g)(3)(A)(vi)Dec. 17, 2004118 Stat. 3692 Dec. 13, 2003, , , as amended by , , , required Director of National Intelligence to submit report to Congress, not later than one year after , on intelligence lessons learned as a result of Operation Iraqi Freedom.

Central Intelligence Agency Retirement and Disability System

Pub. L. 88–643Oct. 13, 196478 Stat. 1043 Pub. L. 90–539Sept. 30, 196882 Stat. 902 Pub. L. 91–185Dec. 30, 196983 Stat. 847 Pub. L. 91–626Dec. 31, 197084 Stat. 1872–1874 Pub. L. 93–31May 8, 197387 Stat. 65 Pub. L. 93–210, § 1(a)Dec. 28, 197387 Stat. 908 Pub. L. 94–361, title VIII, § 801(b)July 14, 197690 Stat. 929 Pub. L. 94–522, title IOct. 17, 197690 Stat. 2467–2471 Jan. 16, 1981Sept. 30, 1981Pub. L. 97–269, title VISept. 27, 198296 Stat. 1145–1148 Sept. 27, 1983July 13, 1984Pub. L. 98–618, title III, § 302Nov. 8, 198498 Stat. 3300 Pub. L. 99–169, title VII, § 702Dec. 4, 198599 Stat. 1008 Pub. L. 99–335, title VJune 6, 1986100 Stat. 622–624 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095 Pub. L. 99–569, title III, § 302(a)Oct. 27, 1986100 Stat. 3192 Pub. L. 100–178, title IVDec. 2, 1987101 Stat. 1012–1014 Pub. L. 100–453, title III, § 302(a)Sept. 29, 1988102 Stat. 1906 Pub. L. 101–193, title IIINov. 30, 1989103 Stat. 1703 Pub. L. 102–83, § 5(c)(2)Aug. 6, 1991105 Stat. 406 Pub. L. 102–88, title IIIAug. 14, 1991105 Stat. 431–433 Pub. L. 102–183, title IIIDec. 4, 1991105 Stat. 1262–1266 Pub. L. 102–496, title III, § 304(b)Oct. 24, 1992106 Stat. 3183 Pub. L. 102–496, title VIII, § 802Oct. 24, 1992106 Stat. 3196 Pub. L. 88–643 section 2001 of this title, , , as amended by , , ; , , ; , §§ 1–6, , ; , , ; , , ; , , ; , §§ 101, 102, title II, §§ 201–213, , ; Ex. Ord. No. 12273, , 46 F.R. 5854; Ex. Ord. No. 12326, , 46 F.R. 48889; , §§ 602–611, , , 1152–1153; Ex. Ord. No. 12443, , 48 F.R. 44751; Ex. Ord. No. 12485, , 49 F.R. 28827; , , ; , , ; , §§ 501–506, , ; , , ; , , ; , §§ 401(a), 402(a), (b)(1), (2), , ; , (b)(1), (c)(1), (d)(1), (2), title V, § 502, , , 1907, 1909; , §§ 302–304(a), 307(b), , , 1707; , , ; , §§ 302–305(a), 306–307(b), , ; , §§ 302(a)–(c), 303(a), 304–306(b), 307, 309(a), 310(a), , ; , , , known as the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, was revised generally by , , . As so revised, , now known as the Central Intelligence Agency Retirement Act, has been transferred to chapter 38 (§ 2001 et seq.) of this title. All notes, Executive orders, and other provisions relating to this Act have been transferred to .

Executive Documents

Executive Order No. 10656

Feb. 6, 1956May 4, 1961Ex. Ord. No. 10656, , 21 F.R. 859, which established the President’s Board of Consultants on Foreign Intelligence Activities, was revoked by Ex. Ord. No. 10938, , 26 F.R. 3951, formerly set out below.

Executive Order No. 10938

May 4, 1961Mar. 20, 1969Ex. Ord. No. 10938, , 26 F.R. 3951, which established the President’s Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11460, , 34 F.R. 5535, formerly set out below.

Executive Order No. 11460

Mar. 20, 1969May 4, 1977Ex. Ord. No. 11460, , 34 F.R. 5535, which established the President’s Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11984, , 42 F.R. 23129, set out below.

Ex. Ord. No. 11984. Abolition of President’s Foreign Intelligence Advisory Board

May 4, 1977Ex. Ord. No. 11984, , 42 F.R. 23129, provided:

March 20, 1969By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to abolish the President’s Foreign Intelligence Advisory Board, Executive Order No. 11460 of , is hereby revoked.

Jimmy Carter.

Executive Order No. 12331

Oct. 20, 1981Oct. 28, 1985Ex. Ord. No. 12331, , 46 F.R. 51705, which established the President’s Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12537, , 50 F.R. 45083, formerly set out below.

Executive Order No. 12537

Oct. 28, 1985Jan. 6, 1988Sept. 13, 1993section 3001 of this titleEx. Ord. No. 12537, , 50 F.R. 45083, as amended by Ex. Ord. No. 12624, , 53 F.R. 489, which established the President’s Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12863, § 3.3, , 58 F.R. 48441, formerly set out as a note under .