EXECUTIVE
ORDER
EO 13388
Effective Date: October 27, 2005

Responsible Office: Office of Security and Program Protection
Subject: Further Strengthening the Sharing of Terrorism Information to Protect Americans

Further Strengthening the Sharing of Terrorism
                Information To Protect Americans

                By the authority vested in me as President by the
                Constitution and the laws of the United States of
                America, including section 1016 of the Intelligence
                Reform and Terrorism Prevention Act of 2004 (Public Law
                108-458), and in order to further strengthen the
                effective conduct of United States counterterrorism
                activities and protect the territory, people, and
                interests of the United States of America, including
                against terrorist attacks, it is hereby ordered as
                follows:

                Section 1. Policy. To the maximum extent consistent
                with applicable law, agencies shall, in the design and
                use of information systems and in the dissemination of
                information among agencies:

                    (a) give the highest priority to (i) the detection,
                prevention, disruption, preemption, and mitigation of
                the effects of terrorist activities against the
                territory, people, and interests of the United States
                of America; (ii) the interchange of terrorism
                information among agencies; (iii) the interchange of
                terrorism information between agencies and appropriate
                authorities of State, local, and tribal governments,
                and between agencies and appropriate private sector
                entities; and (iv) the protection of the ability of
                agencies to acquire additional such information; and
                    (b) protect the freedom, information privacy, and
                other legal rights of Americans in the conduct of
                activities implementing subsection (a).

                Sec. 2. Duties of Heads of Agencies Possessing or
                Acquiring Terrorism Information. To implement the
                policy set forth in section 1 of this order, the head
                of each agency that possesses or acquires terrorism
                information:

                    (a) shall promptly give access to the terrorism
                information to the head of each other agency that has
                counterterrorism functions, and provide the terrorism
                information to each such agency, unless otherwise
                directed by the President, and consistent with (i) the
                statutory responsibilities of the agencies providing
                and receiving the information; (ii) any guidance issued
                by the Attorney General to fulfill the policy set forth
                in subsection 1(b) of this order; and (iii) other
                applicable law, including sections 102A(g) and (i) of
                the National Security Act of 1947, section 1016 of the
                Intelligence Reform and Terrorism Prevention Act of
                2004 (including any policies, procedures, guidelines,
                rules, and standards issued pursuant thereto), sections
                202 and 892 of the Homeland Security Act of 2002,
                Executive Order 12958 of April 17, 1995, as amended,
                and Executive Order 13311 of July 29, 2003; and
                    (b) shall cooperate in and facilitate production of
                reports based on terrorism information with contents
                and formats that permit dissemination that maximizes
                the utility of the information in protecting the
                territory, people, and interests of the United States.

                Sec. 3. Preparing Terrorism Information for Maximum
                Distribution. To assist in expeditious and effective
                implementation by agencies of the policy set forth in
                section 1 of this order, the common standards for the
                sharing of terrorism information established pursuant
                to section 3 of Executive Order 13356 of August 27,
                2004, shall be used, as appropriate, in carrying out
                section 1016 of the Intelligence Reform and Terrorism
                Prevention Act of 2004.

[[Page 62024]]

                Sec. 4. Requirements for Collection of Terrorism
                Information Inside the United States. To assist in
                expeditious and effective implementation by agencies of
                the policy set forth in section 1 of this order, the
                recommendations regarding the establishment of
                executive branch-wide collection and sharing
                requirements, procedures, and guidelines for terrorism
                information collected within the United States made
                pursuant to section 4 of Executive Order 13356 shall be
                used, as appropriate, in carrying out section 1016 of
                the Intelligence Reform and Terrorism Prevention Act of
                2004.

                Sec. 5. Establishment and Functions of Information
                Sharing Council. (a) Consistent with section 1016(g) of
                the Intelligence Reform and Terrorism Prevention Act of
                2004, there is hereby established an Information
                Sharing Council (Council), chaired by the Program
                Manager to whom section 1016 of such Act refers, and
                composed exclusively of designees of: the Secretaries
                of State, the Treasury, Defense, Commerce, Energy, and
                Homeland Security; the Attorney General; the Director
                of National Intelligence; the Director of the Central
                Intelligence Agency; the Director of the Office of
                Management and Budget; the Director of the Federal
                Bureau of Investigation; the Director of the National
                Counterterrorism Center; and such other heads of
                departments or agencies as the Director of National
                Intelligence may designate.

                    (b) The mission of the Council is to (i) provide
                advice and information concerning the establishment of
                an interoperable terrorism information sharing
                environment to facilitate automated sharing of
                terrorism information among appropriate agencies to
                implement the policy set forth in section 1 of this
                order; and (ii) perform the duties set forth in section
                1016(g) of the Intelligence Reform and Terrorism
                Prevention Act of 2004.
                    (c) To assist in expeditious and effective
                implementation by agencies of the policy set forth in
                section 1 of this order, the plan for establishment of
                a proposed interoperable terrorism information sharing
                environment reported under section 5(c) of Executive
                Order 13356 shall be used, as appropriate, in carrying
                out section 1016 of the Intelligence Reform and
                Terrorism Prevention Act of 2004.

                Sec. 6. Definitions. As used in this order:

                    (a) the term ``agency' has the meaning set forth
                for the term ``executive agency' in section 105 of
                title 5, United States Code, together with the
                Department of Homeland Security, but includes the
                Postal Rate Commission and the United States Postal
                Service and excludes the Government Accountability
                Office; and
                    (b) the term ``terrorism information' has the
                meaning set forth for such term in section 1016(a)(4)
                of the Intelligence Reform and Terrorism Prevention Act
                of 2004.

                Sec. 7. General Provisions. (a) This order:

(i) shall be implemented in a manner consistent with applicable law,
including Federal law protecting the information privacy and other legal
rights of Americans, and subject to the availability of appropriations;

(ii) shall be implemented in a manner consistent with the authority of the
principal officers of agencies as heads of their respective agencies,
including under section 199 of the Revised Statutes (22 U.S.C. 2651),
section 201 of the Department of Energy Organization Act (42 U.S.C. 7131),
section 103 of the National Security Act of 1947 (50 U.S.C. 403-3), 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, 1501 of title 15, 503 of
title 28, and 301(b) of title 31, United States Code;

(iii) shall be implemented consistent with the Presidential Memorandum of
June 2, 2005, on ``Strengthening Information Sharing, Access, and
Integration--Organizational, Management, and Policy Development Structures
for Creating the Terrorism Information Sharing Environment;'

(iv) 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

[[Page 62025]]

(v) shall be implemented in a manner consistent with section 102A of the
National Security Act of 1947.

                    (b) This order 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, instrumentalities, or entities,
                its officers, employees, or agents, or any other
                person.

                Sec. 8. Amendments and Revocation. (a) Executive Order
                13311 of July 29, 2003, is amended:

(i) by striking ``Director of Central Intelligence' each place it appears
and inserting in lieu thereof in each such place ``Director of National
Intelligence'; and

(ii) by striking ``103(c)(7)' and inserting in lieu thereof
``102A(i)(1)'.

                    (b) Executive Order 13356 of August 27, 2004, is
                hereby revoked.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     October 25, 2005.

		

Back to Main Menu