[Weekly Compilation of Presidential Documents Volume 41, Number 51 (Monday, December 26, 2005)]
[Pages 1874-1879]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Memorandum on Guidelines and Requirements in Support of the Information
Sharing Environment
December 16, 2005
Memorandum for the Heads of Executive Departments and Agencies
Subject: Guidelines and Requirements in Support of the Information
Sharing Environment
Ensuring the appropriate access to, and the sharing, integration,
and use of, information by Federal, State, local, and tribal agencies
with counterterrorism responsibilities, and, as appropriate, private
sector entities, while protecting the information privacy and other
legal rights of Americans, remains a high priority for the United States
and a necessity for winning the war on terror. Consistent with section
1016 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) (IRTPA), my Administration is working to create an
Information Sharing Environment (ISE) to facilitate the sharing of
terrorism information (as defined in Executive Order 13388 of October
25, 2005).
Section 1016 of IRTPA supplements section 892 of the Homeland
Security Act of 2002 (Public Law 107-296), Executive Order 13311 of July
29, 2003, and other Presidential guidance, which address various aspects
of information access. On April 15, 2005, consistent with section
1016(f) of IRTPA, I designated the program manager (PM) responsible for
information sharing across the Federal Government. On June 2, 2005, my
memorandum entitled ``Strengthening Information Sharing, Access, and
Integration--Organizational, Management, and Policy Development
Structures for Creating the Terrorism Information Sharing Environment''
directed that the PM and his office be part of the Office of the
Director of National Intelligence (DNI), and that the DNI exercise
authority, direction, and control over the PM and ensure that the PM
carries out his responsibilities under IRTPA. On October 25, 2005, I
issued Executive Order 13388 to facilitate the work of the PM and the
expeditious establishment of the ISE and restructure the Information
Sharing Council (ISC), which provides advice concerning and assists in
the establishment, implementation, and maintenance of the ISE.
On June 2, 2005, I also established the Information Sharing Policy
Coordination Committee (ISPCC), which is chaired jointly by the Homeland
Security Council (HSC) and the National Security Council (NSC), and
which has the responsibilities set forth in section D of Homeland
Security Presidential Directive-1 and other relevant presidential
guidance with respect to information sharing. The ISPCC is the main day-
to-day forum for interagency coordination of information sharing policy,
including the resolution of issues raised by the PM, and provides policy
analysis and recommendations for consideration by the more senior
committees of the HSC and NSC systems and ensures timely responses.
Section 1016(d) of IRTPA calls for leveraging all ongoing efforts
consistent with establishing the ISE, the issuance of guidelines for
acquiring, accessing, sharing, and using information in support of the
ISE and for protecting privacy and civil liberties in the development of
the ISE, and the promotion of a culture of information sharing.
Consistent with the Constitution and the laws of the United States,
including section 103 of the National Security Act of 1947, as amended,
and sections 1016 and 1018 of IRTPA, I hereby direct as follows:
1. Leveraging Ongoing Information Sharing Efforts in the Development
of the ISE. The ISE shall build upon existing Federal Government
policies, standards, procedures, programs, systems, and architectures
(collectively ``resources'') used for the sharing and integration of and
access to terrorism information, and shall leverage those resources to
the maximum extent practicable, with the objective of establishing a
decentralized, comprehensive, and coordinated environment for
[[Page 1875]]
the sharing and integration of such information.
a. The DNI shall direct the PM to conduct and complete, within 90
days after the date of this memorandum, in consultation with the
ISC, a comprehensive evaluation of existing resources pertaining
to terrorism information sharing employed by individual or
multiple executive departments and agencies. Such evaluation shall
assess such resources for their utility and integrative potential
in furtherance of the establishment of the ISE and shall identify
any unnecessary redundancies.
b. To ensure that the ISE supports the needs of executive
departments and agencies with counterterrorism responsibilities,
and consistent with section 1021 of IRTPA, the DNI shall direct
the PM, jointly with the Director of the National Counterterrorism
Center (NCTC), and in coordination with the heads of relevant
executive departments and agencies, to review and identify the
respective missions, roles, and responsibilities of such executive
departments and agencies, both as producers and users of terrorism
information, relating to the acquisition, access, retention,
production, use, management, and sharing of terrorism information.
The findings shall be reviewed through the interagency policy
coordination process, and any recommendations for the further
definition, reconciliation, or alteration of such missions, roles,
and responsibilities shall be submitted, within 180 days after the
date of this memorandum, by the DNI to the President for approval
through the Assistant to the President for Homeland Security and
Counterterrorism (APHS-CT) and the Assistant to the President for
National Security Affairs (APNSA). This effort shall be
coordinated as appropriate with the tasks assigned under the
Guidelines set forth in section 2 of this memorandum.
c. Upon the submission of findings as directed in the preceding
paragraph (1(b)), the DNI shall direct the PM, in consultation
with the ISC, to develop, in a manner consistent with applicable
law, the policies, procedures, and architectures needed to create
the ISE, which shall support the counterterrorism missions, roles,
and responsibilities of executive departments and agencies. These
policies, procedures, and architectures shall be reviewed through
the interagency policy coordination process, and shall be
submitted, within 180 days after the submission of findings as
directed in the preceding paragraph (1(b)), by the DNI to the
President for approval through the APHS-CT and the APNSA.
2. Information Sharing Guidelines. Consistent with section 1016(d)
of IRTPA, I hereby issue the following guidelines and related
requirements, the implementation of which shall be conducted in
consultation with, and with support from, the PM as directed by the DNI:
a. Guideline 1--Define Common Standards for How Information is
Acquired, Accessed, Shared, and Used Within the ISE
The ISE must, to the extent possible, be supported by common
standards that maximize the acquisition, access, retention,
production, use, management, and sharing of terrorism information
within the ISE consistent with the protection of intelligence, law
enforcement, protective, and military sources, methods, and
activities.
Consistent with Executive Order 13388 and IRTPA, the DNI, in
coordination with the Secretaries of State, Defense, and Homeland
Security, and the Attorney General, shall develop and issue,
within 90 days after the date of this memorandum, common standards
(i) for preparing terrorism information for maximum distribution
and access, (ii) to enable the acquisition, access, retention,
production, use, management, and sharing of terrorism information
within the ISE while safeguarding such information and protecting
sources and methods from unauthorized use or disclosure, (iii) for
implementing legal requirements relating to the handling of
specific types of information, and (iv)
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that include the appropriate method for the Government-wide
adoption and implementation of such standards. Such standards
shall accommodate and reflect the sharing of terrorism
information, as appropriate, with State, local, and tribal
governments, law enforcement agencies, and the private sector.
Within 90 days after the issuance of such standards, the Secretary
of Homeland Security and the Attorney General shall jointly
disseminate such standards for use by State, local, and tribal
governments, law enforcement agencies, and the private sector, on
a mandatory basis where possible and a voluntary basis where not.
The DNI may amend the common standards from time to time as
appropriate through the same process by which the DNI issued them.
b. Guideline 2--Develop a Common Framework for the Sharing of
Information Between and Among Executive Departments and Agencies
and State, Local, and Tribal Governments, Law Enforcement
Agencies, and the Private Sector
Recognizing that the war on terror must be a national effort,
State, local, and tribal governments, law enforcement agencies,
and the private sector must have the opportunity to participate as
full partners in the ISE, to the extent consistent with applicable
laws and executive orders and directives, the protection of
national security, and the protection of the information privacy
rights and other legal rights of Americans.
Within 180 days after the date of this memorandum, the Secretary
of Homeland Security and the Attorney General, in consultation
with the Secretaries of State, Defense, and Health and Human
Services, and the DNI, and consistent with the findings of the
counterterrorism missions, roles, and responsibilities review
under section 1 of this memorandum, shall:
(i) perform a comprehensive review of the authorities and
responsibilities of executive departments and agencies regarding
information sharing with State, local, and tribal governments, law
enforcement agencies, and the private sector; and
(ii) submit to the President for approval, through the APHS-CT and
the APNSA, a recommended framework to govern the roles and
responsibilities of executive departments and agencies pertaining
to the acquisition, access, retention, production, use,
management, and sharing of homeland security information, law
enforcement information, and terrorism information between and
among such departments and agencies and State, local, and tribal
governments, law enforcement agencies, and private sector
entities.
c. Guideline 3--Standardize Procedures for Sensitive But
Unclassified Information
To promote and enhance the effective and efficient acquisition,
access, retention, production, use, management, and sharing of
Sensitive But Unclassified (SBU) information, including homeland
security information, law enforcement information, and terrorism
information, procedures and standards for designating, marking,
and handling SBU information (collectively ``SBU procedures'')
must be standardized across the Federal Government. SBU procedures
must promote appropriate and consistent safeguarding of the
information and must be appropriately shared with, and accommodate
and reflect the imperative for timely and accurate dissemination
of terrorism information to, State, local, and tribal governments,
law enforcement agencies, and private sector entities. This effort
must be consistent with Executive Orders 13311 and 13388, section
892 of the Homeland Security Act of 2002, section 1016 of IRTPA,
section 102A of the National Security Act of 1947, the Freedom of
Information Act, the Privacy Act of 1974, and other applicable
laws and executive orders and directives.
(i) Within 90 days after the date of this memorandum, each
executive department and agency will conduct an inventory of its
SBU procedures, determine the underlying authority for each entry
[[Page 1877]]
in the inventory, and provide an assessment of the effectiveness
of its existing SBU procedures. The results of each inventory
shall be reported to the DNI, who shall provide the compiled
results to the Secretary of Homeland Security and the Attorney
General.
(ii) Within 90 days after receiving the compiled results of the
inventories required under the preceding paragraph (i), the
Secretary of Homeland Security and the Attorney General, in
coordination with the Secretaries of State, Defense, and Energy,
and the DNI, shall submit to the President for approval
recommendations for the standardization of SBU procedures for
homeland security information, law enforcement information, and
terrorism information in the manner described in paragraph (iv)
below.
(iii) Within 1 year after the date of this memorandum, the DNI, in
coordination with the Secretaries of State, the Treasury, Defense,
Commerce, Energy, Homeland Security, Health and Human Services,
and the Attorney General, and in consultation with all other heads
of relevant executive departments and agencies, shall submit to
the President for approval recommendations for the standardization
of SBU procedures for all types of information not addressed by
the preceding paragraph (ii) in the manner described in paragraph
(iv) below.
(iv) All recommendations required to be submitted to the President
under this Guideline shall be submitted through the Director of
the Office of Management and Budget (OMB), the APHS-CT, and the
APNSA, as a report that contains the following:
(A) recommendations for government-wide policies and procedures
to standardize SBU procedures;
(B) recommendations, as appropriate, for legislative, policy,
regulatory, and administrative changes; and
(C) an assessment by each department and agency participating in
the SBU procedures review process of the costs and budgetary
considerations for all proposed changes to marking
conventions, handling caveats, and other procedures
pertaining to SBU information.
(v) Upon the approval by the President of the recommendations
submitted under this Guideline, heads of executive departments and
agencies shall ensure on an ongoing basis that such
recommendations are fully implemented in such department or
agency, as applicable. The DNI shall direct the PM to support
executive departments and agencies in such implementation, as well
as in the development of relevant guidance and training programs
for the standardized SBU procedures.
d. Guideline 4--Facilitate Information Sharing Between Executive
Departments and Agencies and Foreign Partners
The ISE must support and facilitate appropriate terrorism
information sharing between executive departments and agencies and
foreign partners and allies. To that end, policies and procedures
to facilitate such informational access and exchange, including
those relating to the handling of information received from
foreign governments, must be established consistent with
applicable laws and executive orders and directives.
Within 180 days after the date of this memorandum, the Secretary
of State, in coordination with the Secretaries of Defense, the
Treasury, Commerce, and Homeland Security, the Attorney General,
and the DNI, shall review existing authorities and submit to the
President for approval, through the APHS-CT and the APNSA,
recommendations for appropriate legislative, administrative, and
policy changes to facilitate the sharing of terrorism information
with foreign partners and allies, except for those activities
conducted pursuant to sections 102A(k), 104A(f), and 119(f)(1)(E)
of the National Security Act of 1947.
e. Guideline 5--Protect the Information Privacy Rights and Other
Legal Rights of Americans
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As recognized in Executive Order 13353 of August 27, 2004, the
Federal Government has a solemn obligation, and must continue
fully, to protect the legal rights of all Americans in the
effective performance of national security and homeland security
functions. Accordingly, in the development and use of the ISE, the
information privacy rights and other legal rights of Americans
must be protected.
(i) Within 180 days after the date of this memorandum, the
Attorney General and the DNI, in coordination with the heads of
executive departments and agencies that possess or use
intelligence or terrorism information, shall (A) conduct a review
of current executive department and agency information sharing
policies and procedures regarding the protection of information
privacy and other legal rights of Americans, (B) develop
guidelines designed to be implemented by executive departments and
agencies to ensure that the information privacy and other legal
rights of Americans are protected in the development and use of
the ISE, including in the acquisition, access, use, and storage of
personally identifiable information, and (C) submit such
guidelines to the President for approval through the Director of
OMB, the APHS-CT, and the APNSA. Such guidelines shall not be
inconsistent with Executive Order 12333 and guidance issued
pursuant to that order.
(ii) Each head of an executive department or agency that possesses
or uses intelligence or terrorism information shall ensure on an
ongoing basis that (A) appropriate personnel, structures,
training, and technologies are in place to ensure that terrorism
information is shared in a manner that protects the information
privacy and other legal rights of Americans, and (B) upon approval
by the President of the guidelines developed under the preceding
subsection (i), such guidelines are fully implemented in such
department or agency.
3. Promoting a Culture of Information Sharing. Heads of executive
departments and agencies must actively work to create a culture of
information sharing within their respective departments or agencies by
assigning personnel and dedicating resources to terrorism information
sharing, by reducing disincentives to such sharing, and by holding their
senior managers and officials accountable for improved and increased
sharing of such information.
Accordingly, each head of an executive department or agency that
possesses or uses intelligence or terrorism information shall:
a. within 90 days after the date of this memorandum, designate a
senior official who possesses knowledge of the operational and
policy aspects of information sharing to (i) provide
accountability and oversight for terrorism information sharing
within such department and agency, (ii) work with the PM, in
consultation with the ISC, to develop high-level information
sharing performance measures for the department or agency to be
assessed no less than semiannually, and (iii) provide, through the
department or agency head, an annual report to the DNI on best
practices of and remaining barriers to optimal terrorism
information sharing;
b. within 180 days after the date of this memorandum, develop and
issue guidelines, provide training and incentives, and hold
relevant personnel accountable for the improved and increased
sharing of terrorism information. Such guidelines and training
shall seek to reduce obstructions to sharing, consistent with
applicable laws and regulations. Accountability efforts shall
include the requirement to add a performance evaluation element on
information sharing to employees' annual Performance Appraisal
Review, as appropriate, and shall focus on the sharing of
information that supports the mission of the recipient of the
information; and
c. bring to the attention of the Attorney General and the DNI, on
an ongoing basis, any restriction contained in a rule, regulation,
executive order or directive that significantly impedes the
sharing of terrorism information and that such department or
agency head believes is not
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required by applicable laws or to protect the information privacy
rights and other legal rights of Americans. The Attorney General
and the DNI shall review such restriction and jointly submit any
recommendations for changes to such restriction to the APHS-CT and
the APNSA for further review.
4. Heads of executive departments and agencies shall, to the extent
permitted by law and subject to the availability of appropriations,
provide assistance and information to the DNI and the PM in the
implementation of this memorandum.
5. This memorandum:
a. shall be implemented in a manner consistent with applicable
laws, including Federal laws protecting the information privacy
rights 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 executive 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
Note: An original was not available for verification of the content of
this memorandum. This item was not received in time for publication in
the appropriate issue.