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Skriven 2005-06-02 23:33:06 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (0506029) for Thu, 2005 Jun 2
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Memorandum for the Heads of Executive Departments and Agencies
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For Immediate Release
Office of the Press Secretary
June 2, 2005

Memorandum for the Heads of Executive Departments and Agencies



SUBJECT: Strengthening Information Sharing, Access, and Integration B
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 dissemi-nation 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 infor-mation 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 recom-mended that "[t]he overlapping
authorities of the [Director of National Intelligence (DNI)] and the
Program Manager should be 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:

     1. shall exercise authority, direction, and control over the PM;

     2. shall ensure that the PM carries out the functions of the PM under
        section 1016 of IRTPA and this memorandum --

         1. 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

         2. consistent with applicable law and Presidential guidance
            relating to information access, including Executive Orders
            13311 and 13356; and

     3. 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:

     1. 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;

     2. 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;

     3. 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

     4. 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

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