[Weekly Compilation of Presidential Documents Volume 40, Number 35 (Monday, August 30, 2004)]
[Pages 1699-1704]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13355--Strengthened Management of the Intelligence 
Community

August 27, 2004

    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

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            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 
            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

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            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,

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            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:'';

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              (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.

 [Filed with the Office of the Federal Register, 8:45 a.m., August 31, 
2004]

Note: This Executive order will be published in the Federal Register on 
September 1.

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