[Weekly Compilation of Presidential Documents Volume 40, Number 35 (Monday, August 30, 2004)]
[Pages 1696-1699]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13354--National Counterterrorism Center

August 27, 2004

    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

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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;
    (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;

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    (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;
    (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

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or individuals involved in transnational terrorism; (ii) threats posed 
by such groups or individuals to the United States, United States 
persons, or United 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.
                                                George W. Bush
 The White House,
 August 27, 2004.

 [Filed with the Office of the Federal Register, 8:45 a.m., August 31, 
2004]

Note: This Executive order will be published in the Federal Register on 
September 1.