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

Page 577 TITLE 50—WAR AND NATIONAL DEFENSE § 3023 § 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 Direc- tor 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 con- trol of the President, the Director of National Intelligence shall— (1) serve as head of the intelligence commu- nity; (2) act as the principal adviser to the Presi- dent, to the National Security Council, and the Homeland Security Council for intel- ligence matters related to the national secu- rity; and (3) consistent with section 1018 of the Na- tional 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 Di- rector of National Intelligence shall not, while so serving, also serve as the Director of the Cen- tral Intelligence Agency or as the head of any other element of the intelligence community. (July 26, 1947, ch. 343, title I, § 102, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3644.) Editorial Notes REFERENCES IN TEXT Section 1018 of the National Security Intelligence Re- form Act of 2004, referred to in subsec. (b)(3), is section 1018 of Pub. L. 108–458, which is set out as a note below. CODIFICATION Section was formerly classified to section 403 of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 102 of act July 26, 1947, ch. 343, title I, as added and amended Pub. L. 104–293, title VIII, §§ 805(a), 809(a), 810, 811, Oct. 11, 1996, 110 Stat. 3477, 3481, 3482; Pub. L. 105–107, title IV, § 405, Nov. 20, 1997, 111 Stat. 2261; Pub. L. 105–272, title III, § 306, Oct. 20, 1998, 112 Stat. 2401, related to Office of the Director of Cen- tral Intelligence prior to repeal by Pub. L. 108–458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, ef- fective not later than six months after Dec. 17, 2004, ex- cept as otherwise expressly provided. See section 3036 of this title. Another prior section 102 of 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, § 704, Oct. 24, 1992, 106 Stat. 3189; Pub. L. 104–93, title VII, § 701, Jan. 6, 1996, 109 Stat. 977; Pub. L. 104–106, div. A, title V, § 570, Feb. 10, 1996, 110 Stat. 353, related to establishment of Central Intel- ligence Agency and appointment and functions of its Director and Deputy Director prior to repeal by Pub. L. 104–293, title VIII, § 805(a), Oct. 11, 1996, 110 Stat. 3477. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For Determination by President that section take ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 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. MERGER OF THE FOREIGN COUNTERINTELLIGENCE PRO- GRAM AND THE GENERAL DEFENSE INTELLIGENCE PRO- GRAM Pub. L. 113–126, title III, § 314, July 7, 2014, 128 Stat. 1399, provided that: ‘‘Notwithstanding any other provi- sion of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintel- ligence 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 intel- ligence committees.’’ [For definition of ‘‘congressional intelligence com- mittees’’ as used in section 314 of Pub. L. 113–126, set out above, see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.] PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION OF AUTHORITIES Pub. L. 108–458, title I, § 1018, Dec. 17, 2004, 118 Stat. 3670, provided that: ‘‘The President shall issue guide- lines to ensure the effective implementation and execu- tion 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 lim- ited to: ‘‘(1) the authority of the Director of the Office of Management and Budget; and ‘‘(2) the authority of the principal officers of the ex- ecutive departments as heads of their respective de- partments, including, but not limited to, under— ‘‘(A) section 199 of the Revised Statutes (22 U.S.C. 2651); ‘‘(B) title II of the Department of Energy Organi- zation Act (42 U.S.C. 7131 et seq.); ‘‘(C) the State Department Basic Authorities Act of 1956 [Act Aug. 1, 1956, ch. 841, see Tables for clas- sification]; ‘‘(D) section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)); 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.’’ REPORT ON LESSONS LEARNED FROM MILITARY OPERATIONS IN IRAQ Pub. L. 108–177, title III, § 357, Dec. 13, 2003, 117 Stat. 2621, as amended by Pub. L. 108–458, title I, § 1071(g)(3)(A)(vi), Dec. 17, 2004, 118 Stat. 3692, required Director of National Intelligence to submit report to Congress, not later than one year after Dec. 13, 2003, on intelligence lessons learned as a result of Operation Iraqi Freedom. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, as amended by Pub. L. 90–539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91–185, Dec. 30, 1969, 83 Stat. 847; Pub. L. 91–626, §§ 1–6, Dec. 31, 1970, 84 Stat. 1872–1874; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 93–210, § 1(a), Dec. 28, 1973, 87 Page 578 TITLE 50—WAR AND NATIONAL DEFENSE § 3024 Stat. 908; Pub. L. 94–361, title VIII, § 801(b), July 14, 1976, 90 Stat. 929; Pub. L. 94–522, title I, §§ 101, 102, title II, §§ 201–213, Oct. 17, 1976, 90 Stat. 2467–2471; Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854; Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 97–269, title VI, §§ 602–611, Sept. 27, 1982, 96 Stat. 1145–1148, 1152–1153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 98–618, title III, § 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99–169, title VII, § 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99–335, title V, §§ 501–506, June 6, 1986, 100 Stat. 622–624; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–569, title III, § 302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100–178, title IV, §§ 401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat. 1012–1014; Pub. L. 100–453, title III, § 302(a), (b)(1), (c)(1), (d)(1), (2), title V, § 502, Sept. 29, 1988, 102 Stat. 1906, 1907, 1909; Pub. L. 101–193, title III, §§ 302–304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703, 1707; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–88, title III, §§ 302–305(a), 306–307(b), Aug. 14, 1991, 105 Stat. 431–433; Pub. L. 102–183, title III, §§ 302(a)–(c), 303(a), 304–306(b), 307, 309(a), 310(a), Dec. 4, 1991, 105 Stat. 1262–1266; Pub. L. 102–496, title III, § 304(b), Oct. 24, 1992, 106 Stat. 3183, known as the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, was revised gen- erally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196. As so revised, Pub. L. 88–643, 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 section 2001 of this title. Executive Documents EXECUTIVE ORDER NO. 10656 Ex. Ord. No. 10656, Feb. 6, 1956, 21 F.R. 859, which es- tablished the President’s Board of Consultants on For- eign Intelligence Activities, was revoked by Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, formerly set out below. EXECUTIVE ORDER NO. 10938 Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, which es- tablished the President’s Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, formerly set out below. EXECUTIVE ORDER NO. 11460 Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, which es- tablished the President’s Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, set out below. EX. ORD. NO. 11984. ABOLITION OF PRESIDENT’S FOREIGN INTELLIGENCE ADVISORY BOARD Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, provided: By virtue of the authority vested in me by the Con- stitution 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 March 20, 1969, is hereby revoked. JIMMY CARTER. EXECUTIVE ORDER NO. 12331 Ex. Ord. No. 12331, Oct. 20, 1981, 46 F.R. 51705, which established the President’s Foreign Intelligence Advi- sory Board, was revoked by Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, formerly set out below. EXECUTIVE ORDER NO. 12537 Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, as amended by Ex. Ord. No. 12624, Jan. 6, 1988, 53 F.R. 489, which established the President’s Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12863, § 3.3, Sept. 13, 1993, 58 F.R. 48441, formerly set out as a note under section 3001 of this title. § 3024. Responsibilities and authorities of the Di- rector of National Intelligence (a) Provision of intelligence (1) The Director of National Intelligence shall be responsible for ensuring that national intel- ligence is provided— (A) to the President; (B) to the heads of departments and agencies of the executive branch; (C) to the Chairman of the Joint Chiefs of Staff and senior military commanders; (D) to the Senate and House of Representa- tives and the committees thereof; and (E) to such other persons as the Director of National Intelligence determines to be appro- priate. (2) Such national intelligence should be time- ly, objective, independent of political consider- ations, and based upon all sources available to the intelligence community and other appro- priate entities. (b) Access to intelligence Unless otherwise directed by the President, the Director of National Intelligence shall have access to all national intelligence and intel- ligence related to the national security which is collected by any Federal department, agency, or other entity, except as otherwise provided by law or, as appropriate, under guidelines agreed upon by the Attorney General and the Director of National Intelligence. (c) Budget authorities (1) With respect to budget requests and appro- priations for the National Intelligence Program, the Director of National Intelligence shall— (A) based on intelligence priorities set by the President, provide to the heads of depart- ments containing agencies or organizations within the intelligence community, and to the heads of such agencies and organizations, guidance for developing the National Intel- ligence Program budget pertaining to such agencies and organizations; (B) based on budget proposals provided to the Director of National Intelligence by the heads of agencies and organizations within the intelligence community and the heads of their respective departments and, as appropriate, after obtaining the advice of the Joint Intel- ligence Community Council, develop and de- termine an annual consolidated National In- telligence Program budget; and (C) present such consolidated National Intel- ligence Program budget, together with any comments from the heads of departments con- taining agencies or organizations within the intelligence community, to the President for approval. (2) In addition to the information provided under paragraph (1)(B), the heads of agencies and organizations within the intelligence com- munity shall provide the Director of National Intelligence such other information as the Di- rector shall request for the purpose of deter- mining the annual consolidated National Intel- ligence Program budget under that paragraph. (3)(A) The Director of National Intelligence shall participate in the development by the Sec-