[Weekly Compilation of Presidential Documents Volume 41, Number 43 (Monday, October 31, 2005)]
[Pages 1592-1594]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13388--Further Strengthening the Sharing of Terrorism 
Information To Protect Americans

October 25, 2005

    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

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the Intelligence Reform and Terrorism Prevention Act of 2004.
    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

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(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.
                                                George W. Bush
 The White House,
 October 25, 2005.

 [Filed with the Office of the Federal Register, 8:45 a.m., October 26, 
2005]

Note: This Executive order was published in the Federal Register on 
October 27.