[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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