For Immediate Release
新闻秘书办公室
2005年12月16日

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.

IRTPA的第1016（d）条呼吁利用与建立ISE的所有持续努力，签发以获取，访问，访问，共享和使用信息来支持ISE的准则，以支持ISE以及保护隐私和公民自由，以开发ISE，以及促进信息共享文化。与美国宪法和法律一致，包括1947年《国家安全法》第103条，以及IRTPA的第1016和1018条，我在此直接直接如下：

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。DNI应指示PM在本备忘录之日起的90天内与ISC协商后的90天，对与个人或多个行政部门和多个行政部门采用的恐怖主义信息共享有关的现有资源进行全面评估。该评估应评估此类资源，以促进ISE的建立，并确定任何不必要的裁员。

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。根据前面第（1（b））中指示的调查结果，DNI应在与ISC协商时指导PM，以符合适用法律，政策，程序和体系结构一致的方式发展为了创建ISE，该ISE应支持执行部门和机构的反恐任务，角色和职责。这些政策，程序和体系结构应通过跨机构政策协调过程进行审查，并应在第（1（1（b））提交调查结果后的180天内，由DNI提交给总统的调查结果，向总统提供给总统的。通过APHS-CT和APNSA批准。

2。信息共享指南．一致的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。指南1-定义ISE中如何获取，访问，共享和使用信息的通用标准

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.

一致的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.

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）对执行部门和机构与州，地方和部落政府，执法机构以及私营部门的信息共享的当局和责任进行全面审查；和

(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

促进和增强有效，有效的收购，访问，保留，生产，使用，管理和共享敏感但未分类的信息（包括国土安全信息，执法信息以及恐怖主义信息，恐怖主义信息，程序和标准）标记和处理SBU信息（统称“ SBU程序”）必须在联邦政府中进行标准化。SBU程序必须促进对信息的适当和一致的保护，并必须适当地共享，并适应并反映出及时，准确地将恐怖主义信息传播给，国家，地方和部落政府，执法机构以及私营部门实体，．这项工作必须与执行命令一致13311和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）在收到（i）款所需的库存结果后的90天内，国土安全部秘书和总检察长与国家，国防和能源秘书以及DNI，DNI，以及应向总统提交批准建议，以标准化国土安全信息，执法信息和恐怖主义信息的标准化，以下面（IV）段（IV）的方式。

(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）针对政府范围的政策和程序的建议，以标准化SBU程序；

（b）有关立法，政策，监管和行政变更的建议；和

(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-促进执行部门与机构和外国合作伙伴之间的信息共享

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.

在本备忘录之日之日起的180天内，国务卿与国防部秘书，财政部，商业和国土安全部，总检察长和DNI协调，应审查现有当局，并提交给总统通过APHS-CT和APNSA的批准，除了根据第102A（K）第104A节进行的活动外（F）（f），以及1947年《国家安全法》的119（f）（1）（e）。

e.Guideline 5-保护美国人的信息隐私权和其他法律权利

是公认的在13353年8月2日行政命令7, 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）在本备忘录日期之后的180天内，总检察长和DNI与拥有或使用情报或恐怖主义信息的执行部门和机构的负责人协调，应（a）对当前执行部门进行审查以及有关保护信息隐私和美国人的其他法律权利的机构信息共享政策和程序，（b）制定旨在由执行部门和机构实施的准则，以确保在美国人的信息隐私和其他法律权利中受到保护ISE的开发和使用，包括在收购，访问，使用和存储个人身份信息的信息中，以及（c）通过OMB，APHS-CT和APNSA的董事向总统提交此类准则以供总统批准。此类准则与第12333号行政命令和根据该命令发布的指南不一致。

(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.

因此，拥有或使用情报或恐怖主义信息的执行部门或机构的每个负责人应：

A。在本备忘录之日之日起的90天内，指定一名高级官员，他们对（i）向（i）向（i）提供了对恐怖主义信息共享的责任和监督的知识，（i）（ii）PM在与ISC协商时，以制定高级信息共享绩效指标，以供部门或代理机构进行不少于半度的评估，并且（iii）通过部门或机构负责人向DNI提供年度报告最佳恐怖主义信息共享的实践和剩余障碍；

b这memorand日期后180天内um, 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。引起总检察长和DNI的注意，持续的基础是规则，法规，行政命令或指令中所包含的任何限制，极大地阻碍了恐怖主义信息的共享，并且该部门或机构负责人认为并不需要该部门或机构的负责人。适用的法律或保护美国人的信息隐私权和其他法律权利。总检察长和DNI应审查此类限制，并共同提交对APHS-CT和APNSA更改此类限制的任何建议，以进行进一步审查。

4.执行部门和机构的负责人应在法律允许的范围内且受拨款的可用性，并在执行本备忘录中为DNI和PM提供帮助和信息。

5.这个备忘录:

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.

乔治•布什(GEORGE w . BUSH)

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