118 STAT. 3644 PUBLIC LAW 108–458—DEC. 17, 2004 ‘‘DIRECTOR OF NATIONAL INTELLIGENCE ‘‘SEC. 102. (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, direc- tion, and control of the President, the Director of National Intel- ligence 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. ‘‘RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE ‘‘SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1) The Director of National Intelligence shall be responsible for ensuring that national intelligence is provided— ‘‘(A) to the President; ‘‘(B) to the heads of departments and agencies of the execu- tive branch; ‘‘(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders; ‘‘(D) to the Senate and House of Representatives and the committees thereof; and ‘‘(E) to such other persons as the Director of National Intelligence determines to be appropriate. ‘‘(2) Such national intelligence should be timely, objective, inde- pendent of political considerations, and based upon all sources available to the intelligence community and other appropriate enti- ties. ‘‘(b) ACCESS TO INTELLIGENCE.—Unless otherwise directed by the President, the Director of National Intelligence shall have access to all national intelligence and intelligence related to the national security which is collected by any Federal department, agency, or other entity, except as otherwise provided by law or, as appro- priate, under guidelines agreed upon by the Attorney General and the Director of National Intelligence. ‘‘(c) BUDGET AUTHORITIES.—(1) With respect to budget requests and appropriations 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 departments containing agencies or organizations within the intelligence community, and to the 50 USC 403–1 . President. Congress. 50 USC 403. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00178 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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