Memorandum on Assignment of Reporting Functions under the Intelligence Reform and Terrorism Prevention Act of 2004

This memorandum delegates specific presidential reporting functions under the Intelligence Reform and Terrorism Prevention Act of 2004 to three officials: the Secretary of State (most reporting functions, including on terrorism financing, human smuggling, and intelligence community matters), the Secretary of Defense (one reporting function), and the Director of National Intelligence (two reporting functions). It requires agency heads to provide requested information to these officials and preserves the President's constitutional authority to withhold sensitive information.

Federal Register Open PDF 70 FR 48633

Impact dates

Aug 18, 2005
Federal Register publication filed

Key directives

Assign reporting functions under IRTPA sections 4026(a)(4)(A), 4026(c)(2), 7104(e)(4)(A), 7202(d), 7204(c)(1)-(2), 7119(a) to Secretary of State
Assign reporting function under section 7104(i) to Secretary of Defense
Assign reporting functions under sections 1022 and 1094 to Director of National Intelligence
Coordinate section 7202(d) reporting with Attorney General and Secretary of Homeland Security
Agency heads must furnish requested information to Secretary of State, Secretary of Defense, and DNI
Secretary of State authorized and directed to publish in Federal Register

Who is ordered

Timeline

Immediate

Reporting functions assigned to Secretary of State, Secretary of Defense, and DNI
Agency heads required to furnish information upon request

Near term (90d)

—

Long term

Ongoing reporting obligations under IRTPA provisions
Potential future application to substantially similar provisions

Risks & tensions

Vague 'to the extent permitted by law' qualifier may limit information sharing
Presidential withholding authority creates tension with congressional oversight intent
No explicit enforcement mechanism for non-compliance with information requests