For Immediate Release
Office of the Press Secretary
June 29, 2005
Memorandum
Memorandum for the Vice President, Secretary of State, Secretary of Defense, Attorney General, Secretary of Homeland Security, Director of OMB, Director of National Intelligence, Assistant to the President for National Security Affairs, Assistant to the President for Homeland Security and Counterterrorism
SUBJECT: Strengthening the Ability of the Department of Justice
to Meet Challenges to the Security of the Nation
The United States Department of Justice has a vital role in the protection
of the American people from threats to their security, including threats of
terrorist attack. The Department of Justice and its subordinate elements,
including the Federal Bureau of Investigation (FBI), have made substantial
progress toward strengthening their national security capabilities and
coordinating effectively with other elements of the Government with related
responsibilities, but further prompt action is necessary to meet challenges
to the security of the United States.
The Report of the Commission on the Intelligence Capabilities of the United
States Regarding Weapons of Mass Destruction (March 31, 2005) (chapter 10) recommended:
To ensure that the FBI's intelligence elements are responsive to the Director of National Intelligence, and to capitalize on the FBI's progress, we recommend the creation of a new National Security Service within the FBI under a single Executive Assistant Director. This service would include the Bureau's Counterterrorism and Counterintelligence Divisions and the Directorate of Intelligence. The service would be subject to the coordination and budget authorities of the DNI as well as the same Attorney General authorities that apply to other Bureau divisions.
The Department of Justice's primary national security elements the
Office of Intelligence Policy and Review, and the Counterterrorism and
Counterespionage sections should be placed under a new Assistant
Attorney General for National Security.
I approve the above recommendations of the Commission and direct the
Attorney General to implement them, coordinating with the Director of
National Intelligence (DNI), the Director of the Office of Management and
Budget, and as appropriate, the heads of other agencies. In implementing
such recommendations with respect to the FBI, the Attorney General shall:
- Combine the missions, capabilities, and resources of the
counterterrorism, counterintelligence, and intelligence elements of the FBI
into a new National Security Service headed by an Executive Assistant
Director or other senior FBI official of an equivalent or higher level of
authority, experience, and responsibility;
- Obtain the concurrence of the DNI before an individual is appointed as
the head of the FBI's National Security Service;
- Assign to the FBI's National Security Service, subject to the authority
of the Director of the FBI, principal responsibility within the FBI for the
collection, processing, analysis, and dissemination of intelligence to
further enhance the security of the Nation;
- Ensure that the FBI National Security Service's intelligence
activities, both at headquarters and in the field, are funded through the
National Intelligence Program (except to the extent otherwise agreed by the Attorney General and the DNI, or directed by the President) consistent with the DNI's statutory authorities;
- Develop procedures to ensure the DNI, through the head of the FBI's
National Security Service, can effectively communicate with the FBI's field
offices, resident agencies, and any other personnel in the National
Security Service, to ensure that the activities of the service are
appropriately
coordinated, consistent with the authorities of the Attorney General and
the DNI granted by law or by the President; and
- Establish programs to build an FBI National Security Service workforce,
including special agents, intelligence analysts, and as appropriate, other
personnel, necessary to the effective performance of the national security
missions of the FBI.
The Attorney General, after coordination with the DNI, shall submit a
report to me, through the Director of the Office of Management and Budget,
the Assistant to the President for National Security Affairs, and the
Assistant to the President for Homeland Security and Counterterrorism,
within 60 days of the date of this memorandum setting forth steps taken to
implement this memorandum and further steps planned to implement it,
including a schedule with milestones for completion of implementation. In
addition, within 180 days of the date of this memorandum, the Attorney
General shall prepare, coordinate with the DNI, and submit, in the same
manner as described above, a report of progress in implementing this
memorandum.
The Attorney General shall implement this memorandum subject to the
availability of appropriations and in a manner consistent with applicable
law, including the Constitution and laws protecting the freedom and
information privacy of Americans.
GEORGE W. BUSH
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