# § 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.
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**Source Credit**: (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 Reform Act of 2004, referred to in subsec. (b)(3), is , which is set out as a note below.
### Codification
Section was formerly classified to prior to editorial reclassification and renumbering as this section.
### Prior Provisions
A 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 .
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
For 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 .
Section 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
> “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:
[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
> **“(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)** section 199 of the Revised Statutes (22 U.S.C. 2651);
>
> **“(B)** title II of the Department of Energy Organization 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 classification];
>
> **“(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.”
, , , provided that:
### Report on Lessons Learned From Military Operations in Iraq
, , , 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
, , , 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
Ex. 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
Ex. 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
Ex. 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
Ex. Ord. No. 11984, , 42 F.R. 23129, provided:
By 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.
### Executive Order No. 12331
Ex. 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
Ex. 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 .