    [Public Papers of the Presidents of the United States: George W. Bush (2005, Book I)]
    [June 2, 2005]
    [Pages 928-929]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Strengthening Information Sharing, Access, and
    Integration--Organizational, Management, and Policy Development
    Structures for Creating the Terrorism Information Sharing Environment
    June 2, 2005

    Memorandum for the Heads of Executive Departments and Agencies

    Subject: Strengthening Information Sharing, Access, and Integration--
    Organizational, Management, and Policy Development Structures for
    Creating the Terrorism Information Sharing Environment

        The Federal Government collects information pursuant to law for many
    purposes, including to protect the Nation against international
    terrorism and other threats to the Nation's safety and well-being. The
    Federal Government faces great challenges in ensuring timely, effective,
    and lawful collection, processing, analysis, and dissemination of such
    information. It is of particular importance to ensure that Federal
    agencies have appropriate access to the information they need to perform
    their homeland security, diplomatic, defense, foreign intelligence, and
    law enforcement functions, and that State, local, and tribal authorities
    have appropriate access to the information they need to perform their
    homeland security functions. Ensuring appropriate sharing and
    integration of and access to information, while protecting information
    privacy rights and other legal rights of Americans, remains a high
    priority for the United States and a necessity for winning the war on
    terror.
        Section 1016 of the Intelligence Reform and Terrorism Prevention Act
    of 2004 (Public Law 108-458) (IRTPA) calls for the creation of an
    ``Information Sharing Environment'' to provide for Federal, State,
    local, and tribal access as appropriate to terrorism information and for
    the designation of a program manager ``responsible for information
    sharing across the Federal Government.'' Section 1016 supplements
    section 892 of the Homeland Security Act of 2002 (Public Law 107-296),
    and Executive Orders 13311 of July 29, 2003, and 13356 of August 27,
    2004, and other Presidential guidance, which address various aspects of
    information access. On April 15, 2005, I designated the program manager
    (PM) consistent with section 1016(f) of IRTPA, and on April 21, 2005, my
    memorandum entitled ``Effective Dates of Provisions in Title I of the
    Intelligence Reform and Terrorism Prevention Act of 2004'' placed
    section 1016 in effect.
        The Commission on the Intelligence Capabilities of the United States
    Regarding Weapons of Mass Destruction (Commission), in its report of
    March 31, 2005 (Chapter 9), stated that ``[t]he confused lines of
    authority over information sharing created by the intelligence reform
    act should be resolved.'' To that end, the Commission recommended that
    ``[t]he overlapping authorities of the [Director of National
    Intelligence (DNI)] and the Program Manager should be reconciled and
    coordinated--a result most likely to be achieved by requiring the
    program manager to report to the DNI.''
        Consistent with the Constitution and the laws of the United States,
    including section 103 of the National Security Act of 1947 and sections
    1016 and 1018 of IRTPA, and taking appropriate account of the
    recommendations of the Commission, I hereby direct as follows:
        1. The DNI shall promptly designate the PM, and all personnel,
    funds, and other resources assigned to the PM, as part of the Office of
    the Director of National Intelligence (ODNI) pursuant to section
    103(c)(9) of the National Security Act of 1947 and shall administer the
    PM and related resources as part of the ODNI

    [[Page 929]]

    throughout the initial 2-year term of the PM's office.
        2. During the initial 2-year term of the PM's office, the DNI:
           (a)   shall exercise authority, direction, and control over the
                PM;
           (b)   shall ensure that the PM carries out the functions of the
                PM under section 1016 of IRTPA and this memorandum--
           (i)   in a manner that facilitates the effective accomplishment
                of Federal homeland security, diplomatic, defense, foreign
                intelligence, and law enforcement functions and that
                facilitates provision to State, local, and tribal
                authorities of appropriate access to information they need
                to perform their homeland security functions; and
          (ii)   consistent with applicable law and Presidential guidance
                relating to information access, including Executive Orders
                13311 and 13356; and
           (c)   shall ensure that the PM has employed by, or assigned or
                detailed to his office personnel with substantial
                information sharing experience relating to homeland
                security, national defense, law enforcement, and State and
                local governments to the maximum extent possible;
        3. Heads of executive departments and agencies shall, to the extent
    permitted by law and pursuant to section 1016(i) of IRTPA, provide
    assistance and information to the DNI and the PM in the implementation
    of this memorandum.
        4. This memorandum:
           (a)   shall be implemented in a manner consistent with applicable
                law, including Federal law protecting the information
                privacy and other legal rights of Americans, and subject to
                the availability of appropriations;
           (b)   shall be implemented in a manner consistent with the
                statutory authority of the principal officers of departments
                and agencies as heads of their respective departments or
                agencies;
           (c)   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; and
           (d)   is intended only to improve the internal management of the
                Federal Government and is not intended to, and does 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, or entities, its
                officers, employees, or agencies, or any other person.

                                                              George W. Bush