U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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49–011 2005

109th Congress, 1st Session – – – – – – – – – – – – – House Document 109–76 

GUIDELINES AND REQUIREMENTS IN SUPPORT OF 

THE INFORMATION SHARING ENVIRONMENT 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

GUIDELINES AND REQUIREMENTS TO IMPLEMENT THE INFORMATION SHARING ENVIRONMENT (ISE) CALLED FOR BY SECTION 

1016 OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004 (IRTPA) 

DECEMBER 17, 2005.—Message and accompanying papers referred to the 

Committee on Intelligence (Permanent Select) and ordered to be printed 


E:\Seals\Congress.#13
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To the Congress of the United States: 

The robust and effective sharing of terrorism information is vital 

to protecting Americans and the Homeland from terrorist attacks. 

To ensure that we succeed in this mission, my Administration is 

working to implement the Information Sharing Environment (ISE) 

called for by section 1016 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (IRTPA). The ISE is intended to enable the 

Federal Government and our State, local, tribal, and private sector 

partners to share appropriate information relating to terrorists, 

their threats, plans, networks, supporters, and capabilities while, 

at the same time, respecting the information privacy and other 

legal rights of all Americans. 

Today, I issued a set of guidelines and requirements that represent a significant step in the establishment of the ISE. These 

guidelines and requirements, which are consistent with the provisions of section 1016(d) of IRTPA, are set forth in a memorandum 

to the heads of executive departments and agencies. The guidelines 

and requirements also address collateral issues that are essential 

to any meaningful progress on information sharing. In sum, these 

guidelines will: 

• Clarify roles and authorities across executive departments 

and agencies; 

• Implement common standards and architectures to further 

facilitate timely and effective information sharing; 

• Improve the Federal Government’s terrorism information 

sharing relationships with State, local, and tribal governments, 

the private sector, and foreign allies; 

• Revamp antiquated classification and marking systems, as 

they relate to sensitive but unclassified information; 

• Ensure that information privacy and other legal rights of 

Americans are protected in the development and implementation of the ISE; and 

• Ensure that departments and agencies promote a culture 

of information sharing by assigning personnel and dedicating 

resources to terrorism information sharing. 

The guidelines build on the strong commitment that my Administration and the Congress have already made to strengthening information sharing, as evidenced by Executive Orders 13311 of July 

27, 2003, and 13388 of October 25, 2005, section 892 of the Homeland Security Act of 2002, the USA PATRIOT Act, and sections 

1011 and 1016 of the IRTPA. While much work has been done by 

executive departments and agencies, more is required to fully develop and implement the ISE. 

To lead this national effort, I designated the Program Manager 

(PM) responsible for information sharing across the Federal Government, and directed that the PM and his office be part of the Office of the Director of National Intelligence (DNI), and that the 

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DNI exercise authority, direction, and control over the PM and ensure that the PM carries out his responsibilities under section 1016 

of IRTPA. I fully support the efforts of the PM and the Information 

Sharing Council to transform our current capabilities into the desired ISE, and I have directed all heads of executive departments 

and agencies to support the PM and the DNI to meet our stated 

objectives. 

Creating the ISE is a difficult and complex task that will require 

a sustained effort and strong partnership with the Congress. I 

know that you share my commitment to achieve the goal of providing decision makers and the men and women on the front lines 

in the War on Terror with the best possible information to protect 

our Nation. I appreciate your support to date and look forward to 

working with you in the months ahead on this critical initiative. 

GEORGE W. BUSH. 

THE WHITE HOUSE, December 16, 2005. 

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THE WHITE HOUSE, 

Washington, December 16, 2005. 

Memorandum for the Heads of Executive Departments and Agencies. 

Subject: Guidelines and Requirements in Support of the Information Sharing Environment. 

Ensuring the appropriate access to, and the sharing, integration, 

and use of, information by Federal, State, local, and tribal agencies 

with counterterrorism responsibilities, and, as appropriate, private 

sector entities, while protecting the information privacy and other 

legal rights of Americans, remains a high priority for the united 

States and a necessity for winning the war on terror. Consistent 

with section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) (IRTPA), my Administration 

is working to create an Information Sharing Environment (ISE) to 

facilitate the sharing of terrorism information (as defined in Executive Order 13388 of October 25, 2005). 

Section 1016 of IRTPA supplements section 892 of the Homeland 

Security Act of 2002 (Public Law 107–296), Executive Order 13311 

of July 29, 2003, and other Presidential guidance, which address 

various aspects of information access. On April 15, 2005, consistent 

with section 1016(f) of IRTPA, I designated the program manager 

(PM) responsible for information sharing across the Federal Government. On June 2, 2005, my memorandum entitled ‘‘Strengthening Information Sharing, Access, and Integration—Organizational, Management, and Policy Development Structures for Creating the Terrorism Information Sharing Environment’’ directed 

that the PM and his office be part of the Office of the Director of 

National Intelligence (DNI), and that the DNI exercise authority, 

direction, and control over the PM and ensure that the PM carries 

out his responsibilities under IRTPA. On October 25, 2005, I issued 

Executive Order 13388 to facilitate the work of the PM and the expeditious establishment of the ISE and restructure the Information 

Sharing Council (ISC), which provides advice concerning and assists in the establishment, implementation, and maintenance of the 

ISE. 

On June 2, 2005, I also established the Information Sharing Policy Coordination Committee (ISPCC), which is chaired jointly by 

the Homeland Security Council (HSC) and the National Security 

Council (NSC), and which has the responsibilities set forth in section D of Homeland Security Presidential Directive–1 and other relevant presidential guidance with respect to information sharing. 

The ISPCC is the main day-to-day forum for interagency coordination of information sharing policy, including the resolution of issues 

raised by the PM, and provides policy analysis and recommendations for consideration by the more senior committees of the HSC 

and NSC systems and ensures timely responses. 

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Section 1016(d) of IRTPA calls for leveraging all ongoing efforts 

consistent with establishing the ISE, the issuance of guidelines for 

acquiring, accessing, sharing, and using information in support of 

the ISE and for protecting privacy and civil liberties in the development of the ISE, and the promotion of a culture of information 

sharing. Consistent with the Constitution and the laws of the 

United States, including section 103 of the National Security Act 

of 1947, as amended, and sections 1016 and 1018 of IRTPA, I hereby direct as follows: 

1. Leveraging Ongoing Information Sharing Efforts in the Development of the ISE. The ISE shall build upon existing Federal Government policies, standards, procedures, programs, systems, and 

architectures (collectively ‘‘resources’’) used for the sharing and integration of and access to terrorism information, and shall leverage 

those resources to the maximum extent practicable, with the objective of establishing a decentralized, comprehensive, and coordinated environment for the sharing and integration of such information. 

a. The DNI shall direct the PM to conduct and complete, 

within 90 days after the date of this memorandum, in consultation with the ISC, a comprehensive evaluation of existing resources pertaining to terrorism information sharing employed 

by individual or multiple executive departments and agencies. 

Such evaluation shall assess such resources for their utility 

and integrative potential in furtherance of the establishment of 

the ISE and shall identify any unnecessary redundancies. 

b. To ensure that the ISE supports the needs of executive departments and agencies with counterterrorism responsibilities, 

and consistent with section 1021 of IRTPA, the DNI shall direct the PM, jointly with the Director of the National 

Counterterrorism Center (NCTC), and in coordination with the 

heads of relevant executive departments and agencies, to review and identify the respective missions, roles, and responsibilities of such executive departments and agencies, both as 

producers and users of terrorism information, relating to the 

acquisition, access, retention, production, use, management, 

and sharing of terrorism information. The findings shall be reviewed through the interagency policy coordination process, 

and any recommendations for the further definition, reconciliation, or alteration of such missions, roles, and responsibilities 

shall be submitted, within 180 days after the date of this 

memorandum, by the DNI to the President for approval 

through the Assistant to the President for Homeland Security 

and Counterterrorism (APHS–CT) and the Assistant to the 

President for National Security Affairs (APNSA). This effort 

shall be coordinated as appropriate with the tasks assigned 

under the Guidelines set forth in section 2 of this memorandum. 

c. Upon the submission of findings as directed in the preceding paragraph (1(b)), the DNI shall direct the PM, in consultation with the ISC, to develop, in a manner consistent with 

applicable law, the policies, procedures, and architectures 

needed to create the ISE, which shall support the 

counterterrorism missions, roles, and responsibilities of execuVerDate Aug 31 2005 23:28 Dec 18, 2005 Jkt 049011 PO 00000 Frm 00006 Fmt 6601 Sfmt 6601 E:\HR\OC\HD076.XXX HD076
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tive departments and agencies. These policies, procedures, and 

architectures shall be reviewed through the interagency policy 

coordination process, and shall be submitted, within 180 days 

after the submission of findings as directed in the preceding 

paragraph (1(b)), by the DNI to the President for approval 

through the APHS–CT and the APNSA. 

2. Information Sharing Guidelines. Consistent with section 

1016(d) of IRTPA, I hereby issue the following guidelines and related requirements, the implementation of which shall be conducted in consultation with, and with support from, the PM as directed by the DNI: 

a. Guideline 1.—Define Common Standards for How Information is Acquired, Accessed, Shared, and Used Within the ISE 

The ISE must, to the extent possible, be supported by common standards that maximize the acquisition, access, retention, production, use, management, and sharing of terrorism 

information within the ISE consistent with the protection of intelligence, law enforcement, protective, and military sources, 

methods, and activities. 

Consistent with Executive Order 13388 and IRTPA, the DNI, 

in coordination with the Secretaries of State, Defense, and 

Homeland Security, and the Attorney General, shall develop 

and issue, within 90 days after the date of this memorandum, 

common standards (i) for preparing terrorism information for 

maximum distribution and access, (ii) to enable the acquisition, 

access, retention, production, use, management, and sharing of 

terrorism information within the ISE while safeguarding such 

information and protecting sources and methods from unauthorized use or disclosure, (iii) for implementing legal requirements relating to the handling of specific types of information, 

and (iv) that include the appropriate method for the Government-wide adoption and implementation of such standards. 

Such standards shall accommodate and reflect the sharing of 

terrorism information, as appropriate, with State, local, and 

tribal governments, law enforcement agencies, and the private 

sector. Within 90 days after the issuance of such standards, 

the Secretary of Homeland Security and the Attorney General 

shall jointly disseminate such standards for use by State, local, 

and tribal governments, law enforcement agencies, and the private sector, on a mandatory basis where possible and a voluntary basis where not. The DNI may amend the common 

standards from time to time as appropriate through the same 

process by which the DNI issued them. 

b. Guideline 2. Develop a Common Framework for the Sharing of Information Between and Among Executive Departments 

and Agencies and State, Local, and Tribal Governments, Law 

Enforcement Agencies, and the Private Sector 

Recognizing that the war on terror must be a national effort, 

State, local, and tribal governments, law enforcement agencies, 

and the private sector must have the opportunity to participate 

as full partners in the ISE, to the extent consistent with applicable laws and executive orders and directives, the protection 

of national security, and the protection of the information privacy rights and other legal rights of Americans. 

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Within 180 days after the date of this memorandum, the 

Secretary of Homeland Security and the Attorney General, in 

consultation with the Secretaries of State, Defense, and Health 

and Human Services, and the DNI, and consistent with the 

findings of the counterterrorism missions, roles, and responsibilities review under section 1 of this memorandum, shall: 

(i) Perform a comprehensive review of the authorities 

and responsibilities of executive departments and agencies 

regarding information sharing with State, local, and tribal 

governments, law enforcement agencies, and the private 

sector; and 

(ii) Submit to the President for approval, through the 

APHS–CT and the APNSA, a recommended framework to 

govern the roles and responsibilities of executive departments and agencies pertaining to the acquisition, access, 

retention, production, use, management, and sharing of 

homeland security information, law enforcement information, and terrorism information between and among such 

departments and agencies and State, local, and tribal governments, law enforcement agencies, and private sector 

entities. 

c. Guideline 3.—Standardize Procedures for Sensitive But 

Unclassified Information 

To promote and enhance the effective and efficient acquisition, access, retention, production, use, management, and sharing of Sensitive But Unclassified (SBU) information, including 

homeland security information, law enforcement information, 

and terrorism information, procedures and standards for designating, marking, and handling SBU information (collectively 

‘‘SBU procedures’’) must be standardized across the Federal 

Government. SBU procedures must promote appropriate and 

consistent safeguarding of the information and must be appropriately shared with, and accommodate and reflect the imperative for timely and accurate dissemination of terrorism information to, State, local, and tribal governments, law enforcement agencies, and private sector entities. This effort must be 

consistent with Executive Orders 13311 and 13388, section 892 

of the Homeland Security Act of 2002, section 1016 of IRTPA, 

section 102A of the National Security Act of 1947, the Freedom 

of Information Act, the Privacy Act of 1974, and other applicable laws and executive orders and directives. 

(i) Within 90 days after the date of this memorandum, 

each executive department and agency will conduct an inventory of its SBU procedures, determine the underlying 

authority for each entry in the inventory, and provide an 

assessment of the effectiveness of its existing SBU procedures. The results of each inventory shall be reported to 

the DNI, who shall provide the compiled results to the Secretary of Homeland Security and the Attorney General. 

(ii) Within 90 days after receiving the compiled results 

of the inventories required under the preceding paragraph 

(i), the Secretary of Homeland Security and the Attorney 

General, in coordination with the Secretaries of State, Defense, and Energy, and the DNI, shall submit to the PresiVerDate Aug 31 2005 23:28 Dec 18, 2005 Jkt 049011 PO 00000 Frm 00008 Fmt 6601 Sfmt 6602 E:\HR\OC\HD076.XXX HD076
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dent for approval recommendations for the standardization 

of SBU procedures for homeland security information, law 

enforcement information, and terrorism information in the 

manner described in paragraph (iv) below. 

(iii) Within 1 year after the date of this memorandum, 

the DNI, in coordination with the Secretaries of State, the 

Treasury, Defense, Commerce, Energy, Homeland Security, Health and Human Services, and the Attorney General, and in consultation with all other heads of relevant 

executive departments and agencies, shall submit to the 

President for approval recommendations for the standardization of SBU procedures for all types of information not 

addressed by the preceding paragraph (ii) in the manner 

described in paragraph (iv) below. 

(iv) All recommendations required to be submitted to the 

President under this Guideline shall be submitted through 

the Director of the Office of Management and Budget 

(OMB), the APHS–CT, and the APNSA, as a report that 

contains the following: 

(A) recommendations for government-wide policies 

and procedures to standardize SBU procedures; 

(B) recommendations, as appropriate, for legislative, 

policy, regulatory, and administrative changes; and 

(C) an assessment by each department and agency 

participating in the SBU procedures review process of 

the costs and budgetary considerations for all proposed 

changes to marking conventions, handling caveats, 

and other procedures pertaining to SBU information. 

(v) Upon the approval by the President of the recommendations submitted under this Guideline, heads of 

executive departments and agencies shall ensure on an ongoing basis that such recommendations are fully implemented in such department or agency, as applicable. The 

DNI shall direct the PM to support executive departments 

and agencies in such implementation, as well as in the development of relevant guidance and training programs for 

the standardized SBU procedures. 

d. Guideline 4.—Facilitate Information Sharing Between Executive Departments and Agencies and Foreign Partners 

The ISE must support and facilitate appropriate terrorism 

information sharing between executive departments and agencies and foreign partners and allies. To that end, policies and 

procedures to facilitate such informational access and exchange, including those relating to the handling of information 

received from foreign governments, must be established consistent with applicable laws and executive orders and directives. 

Within 180 days after the date of this memorandum, the 

Secretary of State, in coordination with the Secretaries of Defense, the Treasury, Commerce, and Homeland Security, the 

Attorney General, and the DNI, shall review existing authorities and submit to the President for approval, through the 

APHS–CT and the APNSA, recommendations for appropriate 

legislative, administrative, and policy changes to facilitate the 

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sharing of terrorism information with foreign partners and allies, except for those activities conducted pursuant to sections 

102A(k), 104A(f), and 119(f)(1)(E) of the National Security Act 

of 1947. 

e. Guideline 5.—Protect the Information Privacy Rights and 

Other Legal Rights of Americans 

As recognized in Executive Order 13353 of August 27, 2004, 

the Federal Government has a solemn obligation, and must 

continue fully, to protect the legal rights of all Americans in 

the effective performance of national security and homeland security functions. Accordingly, in the development and use of 

the ISE, the information privacy rights and other legal rights 

of Americans must be protected. 

(i) Within 180 days after the date of this memorandum, 

the Attorney General and the DNI, in coordination with 

the heads of executive departments and agencies that possess or use intelligence or terrorism information, shall (A) 

conduct a review of current executive department and 

agency information sharing policies and procedures regarding the protection of information privacy and other legal 

rights of Americans, (B) develop guidelines designed to be 

implemented by executive departments and agencies to ensure that the information privacy and other legal rights of 

Americans are protected in the development and use of the 

ISE, including in the acquisition, access, use, and storage 

of personally identifiable information, and (C) submit such 

guidelines to the President for approval through the Director of OMB, the APHS–CT, and the APNSA. Such guidelines shall not be inconsistent with Executive Order 12333 

and guidance issued pursuant to that order. 

(ii) Each head of an executive department or agency that 

possesses or uses intelligence or terrorism information 

shall ensure on an ongoing basis that (A) appropriate personnel, structures, training, and technologies are in place 

to ensure that terrorism information is shared in a manner 

that protects the information privacy and other legal 

rights of Americans, and (B) upon approval by the President of the guidelines developed under the preceding subsection (i), such guidelines are fully implemented in such 

department or agency. 

3. Promoting a Culture of Information Sharing. Heads of executive departments and agencies must actively work to create a culture of information sharing within their respective departments or 

agencies by assigning personnel and dedicating resources to terrorism information sharing, by reducing disincentives to such sharing, and by holding their senior managers and officials accountable 

for improved and increased sharing of such information. 

Accordingly, each head of an executive department or agency 

that possesses or uses intelligence or terrorism information shall: 

a. Within 90 days after the date of this memorandum, designate a senior official who possesses knowledge of the operational and policy aspects of information sharing to (i) provide 

accountability and oversight for terrorism information sharing 

within such department and agency, (ii) work with the PM, in 

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consultation with the ISC, to develop high-level information 

sharing performance measures for the department or agency to 

be assessed no less than semiannually, and (iii) provide, 

through the department or agency head, an annual report to 

the DNI on best practices of and remaining barriers to optimal 

terrorism information sharing; 

b. Within 180 days after the date of this memorandum, develop and issue guidelines, provide training and incentives, 

and hold relevant personnel accountable for the improved and 

increased sharing of terrorism information. Such guidelines 

and training shall seek to reduce obstructions to sharing, consistent with applicable laws and regulations. Accountability efforts shall include the requirement to add a performance evaluation element on information sharing to employees’ annual 

Performance Appraisal Review, as appropriate, and shall focus 

on the sharing of information that supports the mission of the 

recipient of the information; and 

c. bring to the attention of the Attorney General and the 

DNI, on an ongoing basis, any restriction contained in a rule, 

regulation, executive order or directive that significantly impedes the sharing of terrorism information and that such department or agency head believes is not required by applicable 

laws or to protect the information privacy rights and other 

legal rights of Americans. The Attorney General and the DNI 

shall review such restriction and jointly submit any recommendations for changes to such restriction to the APHS–CT 

and the APNSA for further review. 

4. Heads of executive departments and agencies shall, to the extent permitted by law and subject to the availability of appropriations, provide assistance and information to the DNI and the PM 

in the implementation of this memorandum. 

5. This memorandum: 

a. Shall be implemented in a manner consistent with applicable laws, including Federal laws protecting the information 

privacy rights and other legal rights of Americans, and subject 

to the availability of appropriations; 

b. Shall be implemented in a manner consistent with the 

statutory authority of the principal officers of executive departments and agencies as heads of their respective departments 

or agencies; 

c. 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 

d. 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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