By the authority vested in me as President by the Constitution and laws ofthe United States of America, including section 103(c)(8) of the NationalSecurity Act of 1947, as amended (Act), and in order to further strengthen theeffective conduct of United States intelligence activities and protect theterritory, people, and interests of the United States of America, includingagainst terrorist attacks, it is hereby ordered as follows:
Section 1. Strengthening the Authority of the Director of CentralIntelligence. The Director of Central Intelligence (Director) shall perform thefunctions set forth in this order to ensure an enhanced joint, unified nationalintelligence effort to protect the national security of the United States. Suchfunctions 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 ofDecember 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 intelligencematters related to the national security;
"(2) Act as the principal adviser to the National Security Council andHomeland Security Council for intelligence matters related to the nationalsecurity; and
(b) Subsection 1.5(b) is amended to read:
"(b)(1) Develop such objectives and guidance for the IntelligenceCommunity necessary, in the Director's judgment, to ensure timely and effectivecollection, processing, analysis, and dissemination of intelligence, of whatevernature and from whatever source derived, concerning current and potentialthreats to the security of the United States and its interests, and to ensurethat the National Foreign Intelligence Program (NFIP) is structured adequatelyto achieve these requirements; and
"(2) Working with the Intelligence Community, ensure that United Statesintelligence collection activities are integrated in:
(i) collecting against enduring and emerging national security intelligenceissues;
(ii) maximizing the value to the national security; and
(iii) ensuring that all collected data is available to the maximum extentpracticable for integration, analysis, and dissemination to those who can acton, 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 andhandling intelligence systems, information, and products, with special emphasison facilitating:
"(A) the fullest and most prompt sharing of information practicable,assigning the highest priority to detecting, preventing, preempting, anddisrupting terrorist threats against our homeland, our people, our allies, andour interests; and
"(B) the establishment of interface standards for an interoperableinformation sharing enterprise that facilitates the automated sharing ofintelligence information among agencies within the Intelligence Community.
"(2) (A) Establish, operate, and direct national centers with respect tomatters determined by the President for purposes of this subparagraph to be ofthe highest national security priority, with the functions of analysis andplanning (including planning for diplomatic, financial, military, intelligence,homeland security, and law enforce-ment activities, and integration of suchactivities among departments and agencies) relating to such matters.
"(B) The countering of terrorism within the United States, or againstcitizens of the United States, our allies, and our interests abroad, is herebydetermined to be a matter of the highest national security priority for purposesof subparagraph (2)(A) of this subsection."
"(3) Ensure that appropriate agencies and departments have access to andreceive 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 translateintelligence objectives and priorities approved by the President into specificguidance for the Intelligence Community.
"(2) In accordance with objectives and priorities approved by thePresident, establish collection requirements for the Intelligence Community,determine collection priorities, manage collection tasking, and resolveconflicts in the tasking of national collection assets (except when otherwisedirected by the President or when the Secretary of Defense exercises collectiontasking authority under plans and arrangements approved by the Secretary ofDefense and the Director) of the Intelligence Community."
"(3) Provide advisory tasking concerning collection of intelligenceinformation to elements of the United States Government that have informationcollection capabilities and are not organizations within the IntelligenceCommunity.
"(4) The responsibilities in subsections 1.5(m)(2) and
(3) apply, to the maximum extent consistent with applicable law, whetherinformation 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 toall foreign intelligence, counter-intelligence, and national intelligence, asdefined in the Act, that is relevant to transnational terrorist threats andweapons of mass destruction proliferation threats, including such relevantintelligence derived from activities of the FBI, DHS, and any other departmentor agency, and all other information that is related to the national security orthat otherwise is required for the performance of the Director's duties, exceptsuch information that is prohibited by law, by the President, or by the AttorneyGeneral acting under this order at the direction of the President from beingprovided to the Director. The Attorney General shall agree to procedures withthe Director pursuant to section 3(5)(B) of the Act no later than 90 days afterthe issuance of this order that ensure the Director receives all suchinformation;
"(2) support the Director in developing the NFIP;
"(3) ensure that any intelligence and operational systems andarchitectures of their departments and agencies are consistent with nationalintelligence requirements set by the Director and all applicable informationsharing and security guidelines, and information privacy requirements; and
"(4) provide, to the extent permitted by law, subject to theavailability of appropriations, and not inconsistent with the mission of thedepartment or agency, such further support to the Director as the Director mayrequest, after consultation with the head of the department or agency, for theperformance of the Director's functions."
Sec. 3. Strengthened Control of Intelligence Funding. Executive Order 12333is 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 ofdepartments or agencies that have an organization within the IntelligenceCommunity, the annual consolidated NFIP budget. The Director shall beresponsible for developing an integrated and balanced national intelligenceprogram that is directly responsive to the national security threats facing theUnited States. The Director shall submit such budget (accompanied by dissentingviews, if any, of the head of a department or agency that has an organizationwithin the Intelligence Community) to the President for approval; and
"(2) Participate in the development by the Secretary of Defense of theannual budgets for the Joint Military Intelligence Program (JMIP) and theTactical Intelligence and Related Activities (TIARA) Program.
"(o)(1) Transfer, consistent with applicable law and with the approvalof the Director of the Office of Management and Budget, funds from anappropriation for the NFIP to another appropriation for the NFIP or to anotherNFIP 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 isnot for the NFIP within the Intelligence Community; or (iii) transfer funds froman appropriation that is not for the NFIP within the Intelligence Community toan appropriation for the NFIP; and
"(3) Monitor and consult with the Secretary of Defense on reprogrammingsor transfers of funds within, into, or out of, appropriations for the JMIP andthe TIARA Program.
"(p)(1) Monitor implementation and execution of the NFIP budget by theheads of departments or agencies that have an organization within theIntelligence Community, including, as necessary, by conducting program andperformance audits and evaluations;
"(2) Monitor implementation of the JMIP and the TIARA Program and advisethe Secretary of Defense thereon; and
"(3) After consultation with the heads of relevant departments, reportperiodically, and not less often than semiannually, to the President on theeffectiveness of implementation of the NFIP Program by organizations within theIntelligence Community, for which purpose the heads of departments and agenciesshall ensure that the Director has access to programmatic, execution, and otherappropriate information."
Sec. 4. Strengthened Role in Selecting Heads of Intelligence Organizations.With respect to a position that heads an organization within the IntelligenceCommunity:
(a) if the appointment to that position is made by the head of the departmentor agency or a subordinate thereof, no individual shall be appointed to suchposition without the concurrence of the Director;
(b) if the appointment to that position is made by the President alone, anyrecommendation to the President to appoint an individual to that position shallbe accompanied by the recommendation of the Director with respect to theproposed appointment; and
(c) if the appointment to that position is made by the President, by and withthe advice and consent of the Senate, any recommendation to the President fornomination of an individual for that position shall be accompanied by therecommendation of the Director with respect to the proposed nomination.
Sec. 5. Strengthened Control of Standards and Qualifications. The Directorshall issue, after coordination with the heads of departments and agencies withan organization in the Intelligence Community, and not later than 120 days afterthe date of this order, and thereafter as appropriate, standards andqualifications for persons engaged in the performance of United Statesintelligence activities, including but not limited to:
(a) standards for training, education, and career development of personnelwithin organizations in the Intelligence Community, and for ensuring compatiblepersonnel policies and an integrated professional development and educationsystem across the Intelligence Community, including standards that encourage andfacilitate service in multiple organizations within the Intelligence Communityand make such rotated service a factor to be considered for promotion to seniorpositions;
(b) standards for attracting and retaining personnel who meet therequirements for effective conduct of intelligence activities;
(c) standards for common personnel security policies among organizationswithin the Intelligence Community; and
(d) qualifications for assignment of personnel to centers established undersection 1.5(g)(2) of Executive Order 12333, as amended by section 2 of thisorder.
Sec. 6. Technical Corrections. Executive Order 12333 is further amended asfollows:
(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 thePresident", inserting "and, in the performance of Executive functions,the Vice President,".
(d) Subsection 1.7(c) is amended by striking "the Director of CentralIntelligence and" and by striking "their respective" andinserting "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" andinserting in lieu thereof "through".
(g) Subsection 1.10 is amended by:
(i) striking "The Department of the Treasury. The Secretary of theTreasury shall:" and inserting in lieu thereof "The Department of theTreasury and the Department of Homeland Security. The Secretary of the Treasury,with respect to subsections (a), (b), and (c), and the Secretary of HomelandSecurity with respect to subsection (d), shall:"; (ii) in subparagraph (d),after "used against the President" inserting "or the VicePresident"; and (iii) in subparagraph (d), striking "the Secretary ofthe Treasury" both places it appears and inserting in lieu thereof in bothplaces "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 inaccordance
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" andinserting 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 affectany authority to provide intelligence to the President, the Vice President inthe performance of Executive functions, and other officials in the executivebranch.
(d) This order and amendments made by this order are intended only to improvethe internal management of the Federal Government and are not intended to, anddo not, create any rights or benefits, substantive or procedural, enforceable atlaw or in equit