[Weekly Compilation of Presidential Documents Volume 41, Number 26 (Monday, July 4, 2005)]
[Pages 1086-1088]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
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.
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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 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.
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