    [Public Papers of the Presidents of the United States: George W. Bush (2005, Book I)]
    [June 28, 2005]
    [Pages 1078-1079]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Strengthening the Ability of the Department of Justice To
    Meet Challenges to the Security of the Nation
    June 28, 2005

    Memorandum for the Vice President, the Secretary of State, the the
    Secretary of Defense, the Attorney General, the Secretary of Homeland
    Security, the Director of the Office of Management and Budget, the
    Director of National Intelligence, Assistant to the President for
    National Security Affairs, Assistant to the President for Homeland
    Security and Counterterrorism

    Subject: Strengthening the Ability of the Department of Justice to Meet
    Challenges to the Security of the Nation

        The United States Department of Justice has a vital role in the
    protection of the American people from threats to their security,
    including threats of terrorist attack. The Department of Justice and its
    subordinate elements, including the Federal Bureau of Investigation
    (FBI), have made substantial progress toward strengthening their
    national security capabilities and coordinating effectively with other
    elements of the Government with related responsibilities, but further
    prompt action is necessary to meet challenges to the security of the
    United States.
        The Report of the Commission on the Intelligence Capabilities of the
    United States Regarding Weapons of Mass Destruction (March 31, 2005)
    (chapter 10) recommended:
          To ensure that the FBI's intelligence elements are responsive to
            the Director of National Intelligence, and to capitalize on the
            FBI's progress, we recommend the creation of a new National
            Security Service within the FBI under a single Executive
            Assistant Director. This service would include the Bureau's
            Counterterrorism and Counterintelligence Divisions and the
            Directorate of Intelligence. The service would be subject to the
            coordination and budget authorities of the DNI as well as the
            same Attorney General authorities that apply to other Bureau
            divisions.
        The Department of Justice's primary national security elements--the
    Office of Intelligence Policy and Review, and the Counterterrorism and
    Counterespionage sections--should be placed under a new Assistant
    Attorney General for National Security.
        I approve the above recommendations of the Commission and direct the
    Attorney General to implement them, coordinating with the Director of
    National Intelligence (DNI), the Director of the Office of Management
    and Budget, and as appropriate, the heads of other agencies. In
    implementing such recommendations with respect to the FBI, the Attorney
    General shall:
            1.   Combine the missions, capabilities, and resources of the
                counterterrorism, counterintelligence, and intelligence
                elements of the FBI into a new National Security Service
                headed by an Executive Assistant Director or other senior
                FBI official of an equivalent

    [[Page 1079]]

                or higher level of authority, experience, and
                responsibility;
            2.   Obtain the concurrence of the DNI before an individual is
                appointed as the head of the FBI's National Security
                Service;
            3.   Assign to the FBI's National Security Service, subject to
                the authority of the Director of the FBI, principal
                responsibility within the FBI for the collection,
                processing, analysis, and dissemination of intelligence to
                further enhance the security of the Nation;
            4.   Ensure that the FBI National Security Service's
                intelligence activities, both at headquarters and in the
                field, are funded through the National Intelligence Program
                (except to the extent otherwise agreed by the Attorney
                General and the DNI, or directed by the President)
                consistent with the DNI's statutory authorities;
            5.   Develop procedures to ensure the DNI, through the head of
                the FBI's National Security Service, can effectively
                communicate with the FBI's field offices, resident agencies,
                and any other personnel in the National Security Service, to
                ensure that the activities of the service are appropriately
                coordinated, consistent with the authorities of the Attorney
                General and the DNI granted by law or by the President; and
            6.   Establish programs to build an FBI National Security
                Service workforce, including special agents, intelligence
                analysts, and as appropriate, other personnel, necessary to
                the effective performance of the national security missions
                of the FBI.
        The Attorney General, after coordination with the DNI, shall submit
    a report to me, through the Director of the Office of Management and
    Budget, the Assistant to the President for National Security Affairs,
    and the Assistant to the President for Homeland Security and
    Counterterrorism, within 60 days of the date of this memorandum setting
    forth steps taken to implement this memorandum and further steps planned
    to implement it, including a schedule with milestones for completion of
    implementation. In addition, within 180 days of the date of this
    memorandum, the Attorney General shall prepare, coordinate with the DNI,
    and submit, in the same manner as described above, a report of progress
    in implementing this memorandum.
        The Attorney General shall implement this memorandum subject to the
    availability of appropriations and in a manner consistent with
    applicable law, including the Constitution and laws protecting the
    freedom and information privacy of Americans.

                                                              George W. Bush

    Note: This memorandum was released by the Office of the Press Secretary
    on June 29.