Presidential Documents

62023 

Federal Register 

Vol. 70, No. 207 

Thursday, October 27, 2005 

Title 3— 

The President 

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. 

62024 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Presidential Documents 

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 

Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Presidential Documents 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. 

W 

THE WHITE HOUSE, 

October 25, 2005. 

[FR Doc. 05–21571 

Filed 10–26–05; 8:45 am] 

Billing code 3195–01–P