[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Presidential Documents]
[Pages 53589-53592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20050]
Presidential Documents
Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 /
Presidential Documents
[[Page 53589]]
Executive Order 13354 of August 27, 2004
National Counterterrorism Center
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 103(c)(8) of the National Security
Act of 1947, as amended (Act), and to protect the
security of the United States through strengthened
intelligence analysis and strategic planning and
intelligence support to operations to counter
transnational terrorist threats against the territory,
people, and interests of the United States of America,
it is hereby ordered as follows:
Section 1. Policy. (a) To the maximum extent consistent
with applicable law, agencies shall give the highest
priority to (i) the detection, prevention, disruption,
preemption, and mitigation of the effects of
transnational 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 States and local governments, and (iv)
the protection of the ability of agencies to acquire
additional such information.
(b) Agencies shall protect the freedom, information
privacy, and other legal rights of Americans in the
conduct of activities implementing section 1(a) of this
order.
Sec. 2. Establishment of National Counterterrorism
Center. (a) There is hereby established a National
Counterterrorism Center (Center).
(b) A Director of the Center shall supervise the
Center.
(c) The Director of the Center shall be appointed
by the Director of Central Intelligence with the
approval of the President.
(d) The Director of Central Intelligence shall have
authority, direction, and control over the Center and
the Director of the Center.
Sec. 3. Functions of the Center. The Center shall have
the following functions:
(a) serve as the primary organization in the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
Government pertaining to terrorism and
counterterrorism, excepting purely domestic
counterterrorism information. The Center may,
consistent with applicable law, receive, retain, and
disseminate information from any Federal, State, or
local government, or other source necessary to fulfill
its responsibilities concerning the policy set forth in
section 1 of this order; and agencies authorized to
conduct counterterrorism activities may query Center
data for any information to assist in their respective
responsibilities;
(b) conduct strategic operational planning for
counterterrorism activities, integrating all
instruments of national power, including diplomatic,
financial, military, intelligence, homeland security,
and law enforcement activities within and among
agencies;
(c) assign operational responsibilities to lead
agencies for counterterrorism activities that are
consistent with applicable law and that support
strategic plans to counter terrorism. The Center shall
ensure that agencies have access to and receive
intelligence needed to accomplish their assigned
activities. The Center shall not direct the execution
of operations. Agencies shall inform the National
Security Council and the Homeland Security Council of
any objections to designations and assignments made by
the Center in the planning and coordination of
counterterrorism activities;
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(d) serve as the central and shared knowledge bank
on known and suspected terrorists and international
terror groups, as well as their goals, strategies,
capabilities, and networks of contacts and support; and
(e) ensure that agencies, as appropriate, have
access to and receive all-source intelligence support
needed to execute their counterterrorism plans or
perform independent, alternative analysis.
Sec. 4. Duties of the Director of Central Intelligence.
The Director of Central Intelligence shall:
(a) exercise the authority available by law to the
Director of Central Intelligence to implement this
order, including, as appropriate, the authority set
forth in section 102(e)(2)(H) of the Act;
(b) report to the President on the implementation
of this order, within 120 days after the date of this
order and thereafter not less often than annually,
including an assessment by the Director of Central
Intelligence of:
(1)
the effectiveness of the United States in implementing the policy set
forth in section 1 of this order, to the extent execution of that policy is
within the responsibilities of the Director of Central Intelligence;
(2)
the effectiveness of the Center in the implementation of the policy set
forth in section 1 of this order, to the extent execution of that policy is
within the responsibilities of the Director of Central Intelligence; and
(3)
the cooperation of the heads of agencies in the implementation of this
order; and
(c) ensure the performance of all-source
intelligence analysis that, among other qualities,
routinely considers and presents alternative analytical
views to the President, the Vice President in the
performance of executive functions, and other officials
of the executive branch as appropriate.
Sec. 5. Duties of the Director of the Center. In
implementing the policy set forth in section 1 of this
order and ensuring that the Center effectively performs
the functions set forth in section 3 of this order, the
Director of the Center shall:
(a) access, as deemed necessary by the Director of
the Center for the performance of the Center's
functions, information to which the Director of the
Center is granted access by section 6 of this order;
(b) correlate, analyze, evaluate, integrate, and
produce reports on terrorism information;
(c) disseminate transnational terrorism
information, including current terrorism threat
analysis, to the President, the Vice President in the
performance of Executive functions, the Secretaries of
State, Defense, and Homeland Security, the Attorney
General, the Director of Central Intelligence, and
other officials of the executive branch as appropriate;
(d) support the Department of Homeland Security,
and the Department of Justice, and other appropriate
agencies, in fulfillment of their responsibility to
disseminate terrorism information, consistent with
applicable law, Executive Orders and other Presidential
guidance, to State and local government officials, and
other entities, and coordinate dissemination of
terrorism information to foreign governments when
approved by the Director of Central Intelligence;
(e) establish both within the Center, and between
the Center and agencies, information systems and
architectures for the effective access to and
integration, dissemination, and use of terrorism
information from whatever sources derived;
(f) undertake, as soon as the Director of Central
Intelligence determines it to be practicable, all
functions assigned to the Terrorist Threat Integration
Center;
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(g) consistent with priorities approved by the
President, assist the Director of Central Intelligence
in establishing requirements for the Intelligence
Community for the collection of terrorism information,
to include ensuring military force protection
requirements are met;
(h) under the direction of the Director of Central
Intelligence, and in consultation with heads of
agencies with organizations in the Intelligence
Community, identify, coordinate, and prioritize
counterterrorism intelligence requirements for the
Intelligence Community; and
(i) identify, together with relevant agencies,
specific counterterrorism planning efforts to be
initiated or accelerated to protect the national
security.
Sec. 6. Duties of the Heads of Agencies. (a) To
implement the policy set forth in section 1 of this
order:
(i)
the head of each agency that possesses or acquires terrorism information:
(A)
shall promptly give access to such information to the Director of the
Center, unless prohibited by law (such as section 103(c)(7) of the Act or
Executive Order 12958, as amended) or otherwise directed by the President;
(B)
shall cooperate in and facilitate the 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; and
(C)
shall cooperate with the Director of Central Intelligence in the
preparation of the report to the President required by section 4 of this
order; and
(ii)
the head of each agency that conducts diplomatic, financial, military,
homeland security, intelligence, or law enforcement activities relating to
counterterrorism shall keep the Director of the Center fully and currently
informed of such activities, unless prohibited by law (such as section
103(c)(7) of the Act or Executive Order 12958, as amended) or otherwise
directed by the President.
(b) The head of each agency shall, consistent with
applicable law, make available to the Director of the
Center such personnel, funding, and other resources as
the Director of Central Intelligence, after
consultation with the head of the agency and with the
approval of the Director of the Office of Management
and Budget, may request. In order to ensure maximum
information sharing consistent with applicable law,
each agency representative to the Center, unless
otherwise specified by the Director of Central
Intelligence, shall operate under the authorities of
the representative's agency.
Sec. 7. 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;
(b) the term ``Intelligence Community'' has the
meaning set forth for that term in section 3.4(f) of
Executive Order 12333 of December 4, 1981, as amended;
(c) the terms ``local government'', ``State'', and,
when used in a geographical sense, ``United States''
have the meanings set forth for those terms in section
2 of the Homeland Security Act of 2002 (6 U.S.C. 101);
and
(d) the term ``terrorism information'' means all
information, whether collected, produced, or
distributed by intelligence, law enforcement, military,
homeland security, or other United States Government
activities, relating to (i) the existence,
organization, capabilities, plans, intentions,
vulnerabilities, means of finance or material support,
or activities of foreign or international terrorist
groups or individuals, or of domestic groups or
individuals involved in transnational terrorism; (ii)
threats posed by such groups or individuals to the
United States, United States persons, or United
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States interests, or to those of other nations; (iii)
communications of or by such groups or individuals; or
(iv) information relating to groups or individuals
reasonably believed to be assisting or associated with
such groups or individuals.
Sec. 8. 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 Reorganization Act (42 U.S.C.
7131), 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, 503 of
title 28, and 301(b) of title 31, United States Code; and
(iii)
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.
(b) This order and amendments made by this order
are intended only to improve the internal management of
the Federal Government and are not intended to, and do
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.
(Presidential Sig.)B
THE WHITE HOUSE,
August 27, 2004.
[FR Doc. 04-20050
Filed 8-31-04; 8:45 am]
Billing code 3195-01-P