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Intelligence Reform and Terrorism Prevention Act - December 17, 2004

December 17, 2004

To reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes.

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, direction,
and control of the President, the Director of National Intelligence
‘‘(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
‘‘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 executive
‘‘(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, independent
of political considerations, and based upon all sources
available to the intelligence community and other appropriate entities.
‘‘(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 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 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"