[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Presidential Documents]
[Pages 53593-53597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20051]


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  Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / 
Presidential Documents  

[[Page 53593]]


                Executive Order 13355 of August 27, 2004

                
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.

[[Page 53594]]

  ``(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 enforcement 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, counterintelligence, 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.''

[[Page 53595]]

                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

[[Page 53596]]

                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:

[[Page 53597]]

  (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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    August 27, 2004.

[FR Doc. 04-20051
Filed 8-31-04; 8:45 am]
Billing code 3195-01-P