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For Immediate Release
Office of the Press Secretary
August 27, 2004
Executive Order Strengthened Management of the Intelligence Community
By the authority vested in me as President by the Constitution and laws of the United States of America, including section 103(c)(8) of the National Security Act of 1947, as amended (Act), and in order to further strengthen the effective conduct of United States intelligence activities and protect the territory, people, and interests of the United States of America, including against terrorist attacks, it is hereby ordered as follows:
Section 1. Strengthening the Authority of the Director of Central Intelligence. The Director of Central Intelligence (Director) shall perform the functions set forth in this order to ensure an enhanced joint, unified national intelligence effort to protect the national security of the United States. Such functions shall be in addition to those assigned to the Director by law, Executive Order, or Presidential directive.
Sec. 2. Strengthened Role in National Intelligence. Executive Order 12333 of December 4, 1981, as amended, is further amended as follows:
(a) Subsection 1.5(a) is amended to read:
"(a)(1) Act as the principal adviser to the President for
intelligence matters related to the national security;
"(2) Act as the principal adviser to the National Security
Council and Homeland Security Council for intelligence matters
related to the national security; and
(b) Subsection 1.5(b) is amended to read:
"(b)(1) Develop such objectives and guidance for the
Intelligence Community necessary, in the Director's judgment, to
ensure timely and effective collection, processing, analysis, and
dissemination of intelligence, of whatever nature and from whatever
source derived, concerning current and potential threats to the
security of the United States and its interests, and to ensure that
the National Foreign Intelligence Program (NFIP) is structured
adequately to achieve these requirements; and
"(2) Working with the Intelligence Community, ensure that
United States intelligence collection activities are integrated in:
(i) collecting against enduring and emerging national security
intelligence issues; (ii) maximizing the value to the national
security; and (iii) ensuring that
all collected data is available to the maximum extent practicable for
integration, analysis, and dissemination to those who can act on, add
value to, or otherwise apply it to mission needs."
(c) Subsection 1.5(g) is amended to read:
"(g)(1) Establish common security and access standards for
managing and handling intelligence systems, information, and
products, with special emphasis on facilitating:
"(A) the fullest and most prompt sharing of information
practicable, assigning the highest priority to detecting, preventing,
preempting, and disrupting terrorist threats against our homeland,
our people, our allies, and our interests; and
"(B) the establishment of interface standards for an
interoperable information sharing enterprise that facilitates the
automated sharing of intelligence information among agencies within
the Intelligence Community.
"(2) (A) Establish, operate, and direct national centers with
respect to matters determined by the President for purposes of this
subparagraph to be of the highest national security priority, with
the functions of analysis and planning (including planning for
diplomatic, financial, military, intelligence, homeland security, and
law enforce-ment activities, and integration of such activities among
departments and agencies) relating to such matters.
"(B) The countering of terrorism within the United States, or
against citizens of the United States, our allies, and our interests
abroad, is hereby determined to be a matter of the highest national
security priority for purposes of subparagraph (2)(A) of this
subsection."
"(3) Ensure that appropriate agencies and departments have
access to and receive all-source intelligence support needed to
perform independent, alternative analysis."
(d) Subsection 1.5(m) is amended to read:
"(m)(1) Establish policies, procedures, and mechanisms that
translate intelligence objectives and priorities approved by the
President into specific guidance for the Intelligence Community.
"(2) In accordance with objectives and priorities approved by
the President, establish collection requirements for the Intelligence
Community, determine collection priorities, manage collection
tasking, and resolve conflicts in the tasking of national collection
assets (except when otherwise directed by the President or when the
Secretary of Defense exercises collection tasking authority under
plans and arrangements approved by the Secretary of Defense and the
Director) of the Intelligence Community."
"(3) Provide advisory tasking concerning collection of
intelligence information to elements of the United States Government
that have information collection capabilities and are not
organizations within the Intelligence Community.
"(4) The responsibilities in subsections 1.5(m)(2) and
(3) apply, to the maximum extent consistent with applicable
law, whether information is to be collected inside or outside the
United States."
(e) Subsection 1.6(a) is amended to read:
"(a) The heads of all departments and agencies shall:
"(1) Unless the Director provides otherwise, give the Director
access to all foreign intelligence, counter-intelligence, and
national intelligence, as defined in the Act, that is relevant to
transnational terrorist threats and weapons of mass destruction
proliferation threats, including such relevant intelligence derived
from activities of the FBI, DHS, and any other department or agency,
and all other information that is related to the national security or
that otherwise is required for the performance of the Director's
duties, except such information that is prohibited by law, by the
President, or by the Attorney General acting under this order at the
direction of the President from being provided to the Director. The
Attorney General shall agree to procedures with the Director pursuant
to section 3(5)(B) of the Act no later than 90 days after the
issuance of this order that ensure the Director receives all such
information;
"(2) support the Director in developing the NFIP;
"(3) ensure that any intelligence and operational systems and
architectures of their departments and agencies
are consistent with national intelligence requirements set by the
Director and all applicable information sharing and security
guidelines, and information privacy requirements; and
"(4) provide, to the extent permitted by law, subject to the
availability of appropriations, and not inconsistent with the mission
of the department or agency, such further support to the Director as
the Director may request,
after consultation with the head of the department or agency, for the
performance of the Director's functions."
Sec. 3. Strengthened Control of Intelligence Funding. Executive Order 12333 is further amended as follows:
(a) Subsections 1.5(n), (o), and (p) are amended to read as follows:
"(n)(1) Develop, determine, and present with the advice of the
heads of departments or agencies that have an organization within the
Intelligence Community, the annual consolidated NFIP budget. The
Director shall be responsible for developing an integrated and
balanced national intelligence program that is directly responsive to
the national security threats facing the United States. The Director
shall submit such budget (accompanied by dissenting views, if any, of
the head of a department or agency that has an organization within
the Intelligence Community) to the President for approval; and
"(2) Participate in the development by the Secretary of Defense
of the annual budgets for the Joint Military Intelligence Program
(JMIP) and the Tactical Intelligence and Related Activities (TIARA)
Program.
"(o)(1) Transfer, consistent with applicable law and with the
approval of the Director of the Office of Management and Budget,
funds from an appropriation for the NFIP to another appropriation for
the NFIP or to another NFIP component;
"(2) Review, and approve or disapprove, consistent with
applicable law, any proposal to: (i) reprogram funds within an
appropriation for the NFIP; (ii) transfer funds from an appropriation
for the NFIP to an appropriation that is not for the NFIP within the
Intelligence Community; or (iii) transfer funds from an appropriation
that is not
for the NFIP within the Intelligence Community to an appropriation
for the NFIP; and
"(3) Monitor and consult with the Secretary of Defense on
reprogrammings or transfers of funds within, into, or out of,
appropriations for the JMIP and the TIARA Program.
"(p)(1) Monitor implementation and execution of the NFIP budget
by the heads of departments or agencies that have an organization
within the Intelligence Community, including, as necessary, by
conducting program and performance audits and evaluations;
"(2) Monitor implementation of the JMIP and the TIARA Program
and advise the Secretary of Defense thereon; and
"(3) After consultation with the heads of relevant departments,
report periodically, and not less often than semiannually, to the
President on the effectiveness of implementation of the NFIP Program
by organizations within the Intelligence Community, for which purpose
the heads of departments and agencies shall ensure that the Director
has access to programmatic, execution, and other appropriate
information."
Sec. 4. Strengthened Role in Selecting Heads of Intelligence Organizations. With respect to a position that heads an organization within the Intelligence Community:
(a) if the appointment to that position is made by the head of the department or agency or a subordinate thereof, no individual shall be appointed to such position without the concurrence of the Director;
(b) if the appointment to that position is made by the President alone, any recommendation to the President to appoint an individual to that position shall be accompanied by the recommendation of the Director with respect to the proposed appointment; and
(c) if the appointment to that position is made by the President, by and with the advice and consent of the Senate, any recommendation to the President for nomination of an individual for that position shall be accompanied by the recommendation of the Director with respect to the proposed nomination.
Sec. 5. Strengthened Control of Standards and Qualifications. The Director shall issue, after coordination with the heads of departments and agencies with an organization in the Intelligence Community, and not later than 120 days after the date of this order, and thereafter as appropriate, standards and qualifications for persons engaged in the performance of United States intelligence activities, including but not limited to:
(a) standards for training, education, and career development of personnel within organizations in the Intelligence Community, and for ensuring compatible personnel policies and an integrated professional development and education system across the Intelligence Community, including standards that encourage and facilitate service in multiple organizations within the Intelligence Community and make such rotated service a factor to be considered for promotion to senior positions;
(b) standards for attracting and retaining personnel who meet the requirements for effective conduct of intelligence activities;
(c) standards for common personnel security policies among organizations within the Intelligence Community; and
(d) qualifications for assignment of personnel to centers established under section 1.5(g)(2) of Executive Order 12333, as amended by section 2 of this order.
Sec. 6. Technical Corrections. Executive Order 12333 is further amended as follows:
(a) The preamble is amended by, after "amended", inserting "(Act)".
(b) Subsection 1.3(a)(4) is amended by, after "governments", inserting "and organizations".
(c) Subsection 1.4(a) is amended by, after "needed by the President", inserting "and, in the performance of Executive functions, the Vice President,".
(d) Subsection 1.7(c) is amended by striking "the Director of Central Intelligence and" and by striking "their respective" and inserting "its".
(e) Subsection 1.8(c) is amended by, after "agreed upon", inserting "by".
(f) Subsection 1.8(i) is amended by striking "and through" and inserting in lieu thereof "through".
(g) Subsection 1.10 is amended by:
(i) striking "The Department of the Treasury. The Secretary
of the Treasury shall:" and inserting in lieu thereof "The Department
of the Treasury and the Department of Homeland Security. The
Secretary of the Treasury, with respect to subsections (a), (b), and
(c), and the Secretary of Homeland Security with respect to
subsection (d), shall:";
(ii) in subparagraph (d), after "used against the President"
inserting "or the Vice President"; and
(iii) in subparagraph (d), striking "the Secretary of the
Treasury" both places it appears and inserting in lieu thereof in
both places "the Secretary of Homeland Security".
(h) Subsection 2.4(c)(1) is amended by striking "present of former" and inserting in lieu thereof "present or former".
(i) Subsection 3.1 is amended by:
(i) striking "as provided in title 50, United States Code,
section 413" and inserting in lieu thereof "implemented in accordance
with applicable law, including title V of the Act"; and
(ii) striking "section 662 of the Foreign Assistance Act of
1961 as amended (22 U.S.C. 2422), and section 501 of the National
Security Act of 1947, as amended (50 U.S.C. 413)," and inserting in
lieu thereof "applicable law, including title V of the Act,".
(j) Subsection 3.4(b) is amended by striking "visably" and inserting in lieu thereof "visibly".
(k) Subsection 3.4(f) is amended:
(i) after "agencies within the Intelligence Community", by
inserting ", or organizations within the Intelligence Community";
(ii) in paragraph (8), by striking "Those" and inserting in
lieu thereof "The intelligence elements of the Coast Guard and
those"; and
(iii) by striking the "and" at the end of paragraph (7),
striking the period at the end of paragraph (8) and inserting in lieu
thereof "; and", and adding at the end thereof "(9) National
Geospatial-Intelligence Agency".
Sec. 7. General Provisions.
(a) This order and the amendments made by this order:
(i) shall be implemented in a manner consistent with
applicable law and subject to the availability of appropriations;
(ii) shall be implemented in a manner consistent with the
authority of the principal officers of the executive departments as
heads of their respective
departments, including under section 199 of the Revised
Statutes (22 U.S.C. 2651), section 201 of the Department of Energy
Reorganization Act (42 U.S.C. 7131), section 102(a) of the Homeland
Security Act of 2002 (6 U.S.C. 112(a)), and 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; and
(iii) shall not be construed to impair or otherwise affect the
functions of the Director of the Office of Management and Budget
relating to budget, administrative, and legislative proposals.
(b) Nothing in section 4 of this order limits or otherwise affects --
(i) the appointment of an individual to a position made before
the date of this order; or
(ii) the power of the President as an appointing authority to
terminate an appointment.
(c) Nothing in this order shall be construed to impair or otherwise affect any authority to provide intelligence to the President, the Vice President in the performance of Executive functions, and other officials in the executive branch.
(d) This order and amendments made by this order are intended only to improve the internal management of the Federal Government and are not intended to, and do not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
August 27, 2004.
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http://www.whitehouse.gov/news/releases/2004/08/20040827-6.html
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