Strengthened Management of the Intelligence Community

Executive Order 13355 of August 27, 2004

Strengthened Management of the Intelligence
                Community

                By the authority vested in me as President by the
                Constitution and laws of the United States of America,
                including section 103(c)(8) of the National Security
                Act of 1947, as amended (Act), and in order to further
                strengthen the effective conduct of United States
                intelligence activities and protect the territory,
                people, and interests of the United States of America,
                including against terrorist attacks, it is hereby
                ordered as follows:

                Section 1. Strengthening the Authority of the Director
                of Central Intelligence. The Director of Central
                Intelligence (Director) shall perform the functions set
                forth in this order to ensure an enhanced joint,
                unified national intelligence effort to protect the
                national security of the United States. Such functions
                shall be in addition to those assigned to the Director
                by law, Executive Order, or Presidential directive.

                Sec. 2. Strengthened Role in National Intelligence.
                Executive Order 12333 of December 4, 1981, as amended,
                is further amended as follows:

                    (a) Subsection 1.5(a) is amended to read:

  “(a)(1) Act as the principal adviser to the President for intelligence
matters related to the national security;

   “(2) Act as the principal adviser to the National Security Council and
Homeland Security Council for intelligence matters related to the national
security; and

                    (b) Subsection 1.5(b) is amended to read:

  “(b)(1) Develop such objectives and guidance for the Intelligence
Community necessary, in the Director's judgment, to ensure timely and
effective collection, processing, analysis, and dissemination of
intelligence, of whatever nature and from whatever source derived,
concerning current and potential threats to the security of the United
States and its interests, and to ensure that the National Foreign
Intelligence Program (NFIP) is structured adequately to achieve these
requirements; and

  “(2) Working with the Intelligence Community, ensure that United States
intelligence collection activities are integrated in: (i) collecting
against enduring and emerging national security intelligence issues; (ii)
maximizing the value to the national security; and (iii) ensuring that all
collected data is available to the maximum extent practicable for
integration, analysis, and dissemination to those who can act on, add value
to, or otherwise apply it to mission needs.”

                    (c) Subsection 1.5(g) is amended to read:

  “(g)(1) Establish common security and access standards for managing and
handling intelligence systems, information, and products, with special
emphasis on facilitating:

  “(A) the fullest and most prompt sharing of information practicable,
assigning the highest priority to detecting, preventing, preempting, and
disrupting terrorist threats against our homeland, our people, our allies,
and our interests; and

  “(B) the establishment of interface standards for an interoperable
information sharing enterprise that facilitates the automated sharing of
intelligence information among agencies within the Intelligence Community.

  “(2) (A) Establish, operate, and direct national centers with respect to
matters determined by the President for purposes of this subparagraph to be
of the highest national security priority, with the functions of analysis
and planning (including planning for diplomatic, financial, military,
intelligence, homeland security, and law enforcement activities, and
integration of such activities among departments and agencies) relating to
such matters.

  “(B) The countering of terrorism within the United States, or against
citizens of the United States, our allies, and our interests abroad, is
hereby determined to be a matter of the highest national security priority
for purposes of subparagraph (2)(A) of this subsection.”

  “(3) Ensure that appropriate agencies and departments have access to and
receive all-source intelligence support needed to perform independent,
alternative analysis.”

                    (d) Subsection 1.5(m) is amended to read:

  “(m)(1) Establish policies, procedures, and mechanisms that translate
intelligence objectives and priorities approved by the President into
specific guidance for the Intelligence Community.

  “(2) In accordance with objectives and priorities approved by the
President, establish collection requirements for the Intelligence
Community, determine collection priorities, manage collection tasking, and
resolve conflicts in the tasking of national collection assets (except when
otherwise directed by the President or when the Secretary of Defense
exercises collection tasking authority under plans and arrangements
approved by the Secretary of Defense and the Director) of the Intelligence
Community.”

  “(3) Provide advisory tasking concerning collection of intelligence
information to elements of the United States Government that have
information collection capabilities and are not organizations within the
Intelligence Community.

  “(4) The responsibilities in subsections 1.5(m)(2) and (3) apply, to the
maximum extent consistent with applicable law, whether information is to be
collected inside or outside the United States.”

                    (e) Subsection 1.6(a) is amended to read:

  “(a) The heads of all departments and agencies shall:

                      “(1) Unless the Director provides otherwise,
                    give the Director access to all foreign
                    intelligence, counterintelligence, and national
                    intelligence, as defined in the Act, that is
                    relevant to transnational terrorist threats and
                    weapons of mass destruction proliferation threats,
                    including such relevant intelligence derived from
                    activities of the FBI, DHS, and any other
                    department or agency, and all other information
                    that is related to the national security or that
                    otherwise is required for the performance of the
                    Director's duties, except such information that is
                    prohibited by law, by the President, or by the
                    Attorney General acting under this order at the
                    direction of the President from being provided to
                    the Director. The Attorney General shall agree to
                    procedures with the Director pursuant to section
                    3(5)(B) of the Act no later than 90 days after the
                    issuance of this order that ensure the Director
                    receives all such information;
                      “(2) support the Director in developing the
                    NFIP;
                      “(3) ensure that any intelligence and
                    operational systems and architectures of their
                    departments and agencies are consistent with
                    national intelligence requirements set by the
                    Director and all applicable information sharing and
                    security guidelines, and information privacy
                    requirements; and
                      “(4) provide, to the extent permitted by law,
                    subject to the availability of appropriations, and
                    not inconsistent with the mission of the department
                    or agency, such further support to the Director as
                    the Director may request, after consultation with
                    the head of the department or agency, for the
                    performance of the Director's functions.”

                Sec. 3. Strengthened Control of Intelligence Funding.
                Executive Order 12333 is further amended as follows:

                    (a) Subsections 1.5(n), (o), and (p) are amended to
                read as follows:

  “(n)(1) Develop, determine, and present with the advice of the heads of
departments or agencies that have an organization within the Intelligence
Community, the annual consolidated NFIP budget. The Director shall be
responsible for developing an integrated and balanced national intelligence
program that is directly responsive to the national security threats facing
the United States. The Director shall submit such budget (accompanied by
dissenting views, if any, of the head of a department or agency that has an
organization within the Intelligence Community) to the President for
approval; and

  “(2) Participate in the development by the Secretary of Defense of the
annual budgets for the Joint Military Intelligence Program (JMIP) and the
Tactical Intelligence and Related Activities (TIARA) Program.

  “(o)(1) Transfer, consistent with applicable law and with the approval
of the Director of the Office of Management and Budget, funds from an
appropriation for the NFIP to another appropriation for the NFIP or to
another NFIP component;

  “(2) Review, and approve or disapprove, consistent with applicable law,
any proposal to: (i) reprogram funds within an appropriation for the NFIP;
(ii) transfer funds from an appropriation for the NFIP to an appropriation
that is not for the NFIP within the Intelligence Community; or (iii)
transfer funds from an appropriation that is not for the NFIP within the
Intelligence Community to an appropriation for the NFIP; and

  “(3) Monitor and consult with the Secretary of Defense on reprogrammings
or transfers of funds within, into, or out of, appropriations for the JMIP
and the TIARA Program.

  “(p)(1) Monitor implementation and execution of the NFIP budget by the
heads of departments or agencies that have an organization within the
Intelligence Community, including, as necessary, by conducting program and
performance audits and evaluations;

  “(2) Monitor implementation of the JMIP and the TIARA Program and advise
the Secretary of Defense thereon; and

  “(3) After consultation with the heads of relevant departments, report
periodically, and not less often than semiannually, to the President on the
effectiveness of implementation of the NFIP Program by organizations within
the Intelligence Community, for which purpose the heads of departments and
agencies shall ensure that the Director has access to programmatic,
execution, and other appropriate information.”

                Sec. 4. Strengthened Role in Selecting Heads of
                Intelligence Organizations. With respect to a position
                that heads an organization within the Intelligence
                Community:

                    (a) if the appointment to that position is made by
                the head of the department or agency or a subordinate
                thereof, no individual shall be appointed to such
                position without the concurrence of the Director;
                    (b) if the appointment to that position is made by
                the President alone, any recommendation to the
                President to appoint an individual to that position
                shall be accompanied by the recommendation of the
                Director with respect to the proposed appointment; and
                    (c) if the appointment to that position is made by
                the President, by and with the advice and consent of
                the Senate, any recommendation to the President for
                nomination of an individual for that position shall be
                accompanied by the recommendation of the Director with
                respect to the proposed nomination.

                Sec. 5. Strengthened Control of Standards and
                Qualifications. The Director shall issue, after
                coordination with the heads of departments and agencies

                with an organization in the Intelligence Community, and
                not later than 120 days after the date of this order,
                and thereafter as appropriate, standards and
                qualifications for persons engaged in the performance
                of United States intelligence activities, including but
                not limited to:

                    (a) standards for training, education, and career
                development of personnel within organizations in the
                Intelligence Community, and for ensuring compatible
                personnel policies and an integrated professional
                development and education system across the
                Intelligence Community, including standards that
                encourage and facilitate service in multiple
                organizations within the Intelligence Community and
                make such rotated service a factor to be considered for
                promotion to senior positions;
                    (b) standards for attracting and retaining
                personnel who meet the requirements for effective
                conduct of intelligence activities;
                    (c) standards for common personnel security
                policies among organizations within the Intelligence
                Community; and
                    (d) qualifications for assignment of personnel to
                centers established under section 1.5(g)(2) of
                Executive Order 12333, as amended by section 2 of this
                order.

                Sec. 6. Technical Corrections. Executive Order 12333 is
                further amended as follows:

                    (a) The preamble is amended by, after “amended”,
                inserting “(Act)”.
                    (b) Subsection 1.3(a)(4) is amended by, after
                “governments”, inserting “and organizations”.
                    (c) Subsection 1.4(a) is amended by, after “needed
                by the President”, inserting “and, in the performance
                of Executive functions, the Vice President,”.
                    (d) Subsection 1.7(c) is amended by striking “the
                Director of Central Intelligence and” and by striking
                “their respective” and inserting “its”.
                    (e) Subsection 1.8(c) is amended by, after “agreed
                upon”, inserting “by”.
                    (f) Subsection 1.8(i) is amended by striking “and
                through” and inserting in lieu thereof “through”.
                    (g) Subsection 1.10 is amended by:

  (i) striking “The Department of the Treasury. The Secretary of the
Treasury shall:” and inserting in lieu thereof “The Department of the
Treasury and the Department of Homeland Security. The Secretary of the
Treasury, with respect to subsections (a), (b), and (c), and the Secretary
of Homeland Security with respect to subsection (d), shall:”;

  (ii) in subparagraph (d), after “used against the President” inserting
“or the Vice President”; and

  (iii) in subparagraph (d), striking “the Secretary of the Treasury”
both places it appears and inserting in lieu thereof in both places “the
Secretary of Homeland Security”.

                    (h) Subsection 2.4(c)(1) is amended by striking
                “present of former” and inserting in lieu thereof
                “present or former”.
                    (i) Subsection 3.1 is amended by:

  (i) striking “as provided in title 50, United States Code, section 413”
and inserting in lieu thereof “implemented in accordance with applicable
law, including title V of the Act”; and

  (ii) striking “section 662 of the Foreign Assistance Act of 1961 as
amended (22 U.S.C. 2422), and section 501 of the National Security Act of
1947, as amended (50 U.S.C. 413),” and inserting in lieu thereof
“applicable law, including title V of the Act,”.

                    (j) Subsection 3.4(b) is amended by striking
                “visably” and inserting in lieu thereof “visibly”.
                    (k) Subsection 3.4(f) is amended:

  (i) after “agencies within the Intelligence Community”, by inserting
“, or organizations within the Intelligence Community”;

  (ii) in paragraph (8), by striking “Those” and inserting in lieu
thereof “The intelligence elements of the Coast Guard and those”; and

  (iii) by striking the “and” at the end of paragraph (7), striking the
period at the end of paragraph (8) and inserting in lieu thereof “; and”,
and adding at the end thereof “(9) National Geospatial-Intelligence
Agency”.

                Sec. 7. General Provisions.

                    (a) This order and the amendments made by this
                order:

  (i) shall be implemented in a manner consistent with applicable law and
subject to the availability of appropriations;

  (ii) shall be implemented in a manner consistent with the authority of
the principal officers of the executive departments as heads of their
respective departments, including under section 199 of the Revised Statutes
(22 U.S.C. 2651), section 201 of the Department of Energy Reorganization
Act (42 U.S.C. 7131), section 102(a) of the Homeland Security Act of 2002
(6 U.S.C. 112(a)), and sections 301 of title 5, 113(b) and 162(b) of title
10, 503 of title 28, and 301(b) of title 31, United States Code; and

  (iii) 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.

                    (b) Nothing in section 4 of this order limits or
                otherwise affects--

  (i) the appointment of an individual to a position made before the date
of this order; or

  (ii) the power of the President as an appointing authority to terminate
an appointment.

                    (c) Nothing in this order shall be construed to
                impair or otherwise affect any authority to provide
                intelligence to the President, the Vice President in
                the performance of Executive functions, and other
                officials in the executive branch.
                    (d) This order and amendments made by this order
                are intended only to improve the internal management of
                the Federal Government and are not intended to, and do
                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,
                instrumentalities, or entities, its officers,
                employees, or agents, or any other person.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    August 27, 2004.