[Weekly Compilation of Presidential Documents Volume 41, Number 22 (Monday, June 6, 2005)]
[Pages 933-934]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

[[Page 934]]

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 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