[Title 3 CFR 13355]
[Code of Federal Regulations (annual edition) - January 1, 2005 Edition]
[Title 3 - Presidential Documents]
[Executive Order 13355 - Executive Order 13355 of August 27, 2004]
[From the U.S. Government Printing Office]


3Presidential Documents12005-01-012005-01-01false13355Executive Order 13355Presidential Documents
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:

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  ``(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

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        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

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  ``(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

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    (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

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  (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.
George W. Bush
The White House,
    August 27, 2004.