[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]


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  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;

[[Page 53590]]

                    (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;

[[Page 53591]]

                    (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

[[Page 53592]]

                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