[Federal Register Volume 70, Number 207 (Thursday, October 27, 2005)]
[Presidential Documents]
[Pages 62023-62025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21571]



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Part II





The President





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Executive Order 13388--Further Strengthening the Sharing of Terrorism 
Information To Protect Americans



Notice of October 25, 2005--Continuation of National Emergency 
Regarding the Proliferation of Weapons of Mass Destruction
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                         Presidential Documents 
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  Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13388 of October 25, 2005

                
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.

[FR Doc. 05-21571
Filed 10-26-05; 8:45 am]
Billing code 3195-01-P