Presidential DocumentExecutive Order 1335604-20052
Strengthening the Sharing of Terrorism Information To Protect Americans
Primary source
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Published
September 1, 2004
Signed
August 27, 2004
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 69 Issue 169 (Wednesday, September 1, 2004)</title>
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[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Presidential Documents]
[Pages 53599-53602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 04-20052]
Presidential Documents
Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 /
Presidential Documents
[[Page 53599]]
Executive Order 13356 of August 27, 2004
Strengthening the Sharing of Terrorism
Information To Protect Americans
By the authority vested in me as President by the
Constitution and laws of the United States of America,
and in order to further strengthen the effective
conduct of United States intelligence 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 States and local governments, 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. Duty 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 in accordance with the
standards and information sharing guidance issued
pursuant to this order, 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 section 103(c)(7) of the
National Security Act of 1947, section 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;
(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;
and
(c) shall facilitate implementation of the plan
developed by the Information Systems Council
established by section 5 of this order.
Sec. 3. Preparing Terrorism Information for Maximum
Distribution within Intelligence Community. To assist
in expeditious and effective implementation by agencies
within the Intelligence Community of the policy set
forth in section 1 of this order, the Director of
Central Intelligence shall, in consultation with the
Attorney General and the other heads of agencies within
the Intelligence Community, set forth not later than 90
days after the date of this order, and thereafter as
appropriate, common standards for the sharing of
terrorism information by agencies within the
Intelligence Community with (i) other agencies within
the Intelligence Community, (ii) other agencies having
counterterrorism functions, and (iii) through or in
[[Page 53600]]
coordination with the Department of Homeland Security,
appropriate authorities of State and local governments.
These common standards shall improve information
sharing by such methods as:
(a) requiring, at the outset of the intelligence
collection and analysis process, the creation of
records and reporting, for both raw and processed
information including, for example, metadata and
content, in such a manner that sources and methods are
protected so that the information can be distributed at
lower classification levels, and by creating
unclassified versions for distribution whenever
possible;
(b) requiring records and reports related to
terrorism information to be produced with multiple
versions at an unclassified level and at varying levels
of classification, for example on an electronic
tearline basis, allowing varying degrees of access by
other agencies and personnel commensurate with their
particular security clearance levels and special access
approvals;
(c) requiring terrorism information to be shared
free of originator controls, including, for example,
controls requiring the consent of the originating
agency prior to the dissemination of the information
outside any other agency to which it has been made
available, to the maximum extent permitted by
applicable law, Executive Orders, or Presidential
guidance;
(d) minimizing the applicability of information
compartmentalization systems to terrorism information,
to the maximum extent permitted by applicable law,
Executive Orders, and Presidential guidance; and
(e) ensuring the establishment of appropriate
arrangements providing incentives for, and holding
personnel accountable for, increased sharing of
terrorism information, consistent with requirements of
the Nation's security and with applicable law,
Executive Orders, and Presidential guidance.
Sec. 4. Requirements for Collection of Terrorism
Information Inside the United States. (a) The Attorney
General, the Secretary of Homeland Security, and the
Director of Central Intelligence shall, not later than
90 days after the date of this order, jointly submit to
the President, through the Assistants to the President
for National Security Affairs and Homeland Security,
their recommendation on the establishment of executive
branch-wide collection and sharing requirements,
procedures, and guidelines for terrorism information to
be collected within the United States, including, but
not limited to, from publicly available sources,
including nongovernmental databases.
(b) The recommendation submitted under subsection
(a) of this section shall also:
(i) address requirements and guidelines for the collection and sharing of
other information necessary to protect the territory, people, and interests
of the United States; and
(ii) propose arrangements for ensuring that officers of the United States
with responsibilities for protecting the territory, people, and interests
of the United States are provided with clear, understandable, consistent,
effective, and lawful procedures and guidelines for the collection,
handling, distribution, and retention of information.
Sec. 5. Establishment of Information Systems Council.
(a) There is established an Information Systems Council
(Council), chaired by a designee of the Director of the
Office of Management and Budget, and composed
exclusively of designees of: the Secretaries of State,
the Treasury, Defense, Commerce, Energy, and Homeland
Security; the Attorney General; the Director of Central
Intelligence; the Director of the Federal Bureau of
Investigation; the Director of the National
Counterterrorism Center, once that position is created
and filled (and until that time the Director of the
Terrorism Threat Integration Center); and such other
heads of departments or agencies as the Director of the
Office of Management and Budget may designate.
(b) The mission of the Council is to plan for and
oversee 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.
[[Page 53601]]
(c) Not later than 120 days after the date of this
order, the Council shall report to the President
through the Assistants to the President for National
Security Affairs and Homeland Security, on a plan, with
proposed milestones, timetables for achieving those
milestones, and identification of resources, for the
establishment of the proposed interoperable terrorism
information sharing environment. The plan shall, at a
minimum:
(i) describe and define the parameters of the proposed interoperable
terrorism information sharing environment, including functions,
capabilities, and resources;
(ii) identify and, as appropriate, recommend the consolidation and
elimination of current programs, systems, and processes used by agencies to
share terrorism information, and recommend as appropriate the redirection
of existing resources to support the interoperable terrorism information
sharing environment;
(iii) identify gaps, if any, between existing technologies, programs, and
systems used by agencies to share terrorism information and the parameters
of the proposed interoperable terrorism information sharing environment;
(iv) recommend near-term solutions to address any such gaps until the
interoperable terrorism information sharing environment can be established;
(v) recommend a plan for implementation of the interoperable terrorism
information sharing environment, including roles and responsibilities,
measures of success, and deadlines for the development and implementation
of functions and capabilities from the initial stage to full operational
capability;
(vi) recommend how the proposed interoperable terrorism information
sharing environment can be extended to allow interchange of terrorism
information between agencies and appropriate authorities of States and
local governments; and
(vii) recommend whether and how the interoperable terrorism information
sharing environment should be expanded, or designed so as to allow future
expansion, for purposes of encompassing other categories of intelligence
and information.
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;
(b) the terms ``Intelligence Community'' and
``agency within the Intelligence Community'' have the
meanings set forth for those terms 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 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. 7. General Provisions. (a) This order:
[[Page 53602]]
(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 National Security Act of 1947 (50 U.S.C.
403(a)), 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;
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 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.
(Presidential Sig.)B
THE WHITE HOUSE,
August 27, 2004.
[FR Doc. 04-20052
Filed 8-31-04; 8:45 am]
Billing code 3195-01-P
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