issue-2004-09-01•Federal Register executive orders — 2004-09-01
Federal Register executive orders — 2004-09-01
issue-2004-09-01Federal Register executive orders — 2004-09-01Executive Order
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FR Doc. 04-20052 Strengthening the Sharing of Terrorism Information To Protect Americans
[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 [www.gpo.gov]
[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
Complete official Federal Register PDF
FR Doc. 04-20051 Strengthened Management of the Intelligence Community
[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Presidential Documents]
[Pages 53593-53597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20051]
Presidential Documents
Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 /
Presidential Documents
[[Page 53593]]
Executive Order 13355 of August 27, 2004
Strengthened Management of the Intelligence
Community
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 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. Strengthening the Authority of the Director
of Central Intelligence. The Director of Central
Intelligence (Director) shall perform the functions set
forth in this order to ensure an enhanced joint,
unified national intelligence effort to protect the
national security of the United States. Such functions
shall be in addition to those assigned to the Director
by law, Executive Order, or Presidential directive.
Sec. 2. Strengthened Role in National Intelligence.
Executive Order 12333 of December 4, 1981, as amended,
is further amended as follows:
(a) Subsection 1.5(a) is amended to read:
``(a)(1) Act as the principal adviser to the President for intelligence
matters related to the national security;
``(2) Act as the principal adviser to the National Security Council and
Homeland Security Council for intelligence matters related to the national
security; and
(b) Subsection 1.5(b) is amended to read:
``(b)(1) Develop such objectives and guidance for the Intelligence
Community necessary, in the Director's judgment, to ensure timely and
effective collection, processing, analysis, and dissemination of
intelligence, of whatever nature and from whatever source derived,
concerning current and potential threats to the security of the United
States and its interests, and to ensure that the National Foreign
Intelligence Program (NFIP) is structured adequately to achieve these
requirements; and
``(2) Working with the Intelligence Community, ensure that United States
intelligence collection activities are integrated in: (i) collecting
against enduring and emerging national security intelligence issues; (ii)
maximizing the value to the national security; and (iii) ensuring that all
collected data is available to the maximum extent practicable for
integration, analysis, and dissemination to those who can act on, add value
to, or otherwise apply it to mission needs.''
(c) Subsection 1.5(g) is amended to read:
``(g)(1) Establish common security and access standards for managing and
handling intelligence systems, information, and products, with special
emphasis on facilitating:
``(A) the fullest and most prompt sharing of information practicable,
assigning the highest priority to detecting, preventing, preempting, and
disrupting terrorist threats against our homeland, our people, our allies,
and our interests; and
``(B) the establishment of interface standards for an interoperable
information sharing enterprise that facilitates the automated sharing of
intelligence information among agencies within the Intelligence Community.
[[Page 53594]]
``(2) (A) Establish, operate, and direct national centers with respect to
matters determined by the President for purposes of this subparagraph to be
of the highest national security priority, with the functions of analysis
and planning (including planning for diplomatic, financial, military,
intelligence, homeland security, and law enforcement activities, and
integration of such activities among departments and agencies) relating to
such matters.
``(B) The countering of terrorism within the United States, or against
citizens of the United States, our allies, and our interests abroad, is
hereby determined to be a matter of the highest national security priority
for purposes of subparagraph (2)(A) of this subsection.''
``(3) Ensure that appropriate agencies and departments have access to and
receive all-source intelligence support needed to perform independent,
alternative analysis.''
(d) Subsection 1.5(m) is amended to read:
``(m)(1) Establish policies, procedures, and mechanisms that translate
intelligence objectives and priorities approved by the President into
specific guidance for the Intelligence Community.
``(2) In accordance with objectives and priorities approved by the
President, establish collection requirements for the Intelligence
Community, determine collection priorities, manage collection tasking, and
resolve conflicts in the tasking of national collection assets (except when
otherwise directed by the President or when the Secretary of Defense
exercises collection tasking authority under plans and arrangements
approved by the Secretary of Defense and the Director) of the Intelligence
Community.''
``(3) Provide advisory tasking concerning collection of intelligence
information to elements of the United States Government that have
information collection capabilities and are not organizations within the
Intelligence Community.
``(4) The responsibilities in subsections 1.5(m)(2) and (3) apply, to the
maximum extent consistent with applicable law, whether information is to be
collected inside or outside the United States.''
(e) Subsection 1.6(a) is amended to read:
``(a) The heads of all departments and agencies shall:
``(1) Unless the Director provides otherwise,
give the Director access to all foreign
intelligence, counterintelligence, and national
intelligence, as defined in the Act, that is
relevant to transnational terrorist threats and
weapons of mass destruction proliferation threats,
including such relevant intelligence derived from
activities of the FBI, DHS, and any other
department or agency, and all other information
that is related to the national security or that
otherwise is required for the performance of the
Director's duties, except such information that is
prohibited by law, by the President, or by the
Attorney General acting under this order at the
direction of the President from being provided to
the Director. The Attorney General shall agree to
procedures with the Director pursuant to section
3(5)(B) of the Act no later than 90 days after the
issuance of this order that ensure the Director
receives all such information;
``(2) support the Director in developing the
NFIP;
``(3) ensure that any intelligence and
operational systems and architectures of their
departments and agencies are consistent with
national intelligence requirements set by the
Director and all applicable information sharing and
security guidelines, and information privacy
requirements; and
``(4) provide, to the extent permitted by law,
subject to the availability of appropriations, and
not inconsistent with the mission of the department
or agency, such further support to the Director as
the Director may request, after consultation with
the head of the department or agency, for the
performance of the Director's functions.''
[[Page 53595]]
Sec. 3. Strengthened Control of Intelligence Funding.
Executive Order 12333 is further amended as follows:
(a) Subsections 1.5(n), (o), and (p) are amended to
read as follows:
``(n)(1) Develop, determine, and present with the advice of the heads of
departments or agencies that have an organization within the Intelligence
Community, the annual consolidated NFIP budget. The Director shall be
responsible for developing an integrated and balanced national intelligence
program that is directly responsive to the national security threats facing
the United States. The Director shall submit such budget (accompanied by
dissenting views, if any, of the head of a department or agency that has an
organization within the Intelligence Community) to the President for
approval; and
``(2) Participate in the development by the Secretary of Defense of the
annual budgets for the Joint Military Intelligence Program (JMIP) and the
Tactical Intelligence and Related Activities (TIARA) Program.
``(o)(1) Transfer, consistent with applicable law and with the approval
of the Director of the Office of Management and Budget, funds from an
appropriation for the NFIP to another appropriation for the NFIP or to
another NFIP component;
``(2) Review, and approve or disapprove, consistent with applicable law,
any proposal to: (i) reprogram funds within an appropriation for the NFIP;
(ii) transfer funds from an appropriation for the NFIP to an appropriation
that is not for the NFIP within the Intelligence Community; or (iii)
transfer funds from an appropriation that is not for the NFIP within the
Intelligence Community to an appropriation for the NFIP; and
``(3) Monitor and consult with the Secretary of Defense on reprogrammings
or transfers of funds within, into, or out of, appropriations for the JMIP
and the TIARA Program.
``(p)(1) Monitor implementation and execution of the NFIP budget by the
heads of departments or agencies that have an organization within the
Intelligence Community, including, as necessary, by conducting program and
performance audits and evaluations;
``(2) Monitor implementation of the JMIP and the TIARA Program and advise
the Secretary of Defense thereon; and
``(3) After consultation with the heads of relevant departments, report
periodically, and not less often than semiannually, to the President on the
effectiveness of implementation of the NFIP Program by organizations within
the Intelligence Community, for which purpose the heads of departments and
agencies shall ensure that the Director has access to programmatic,
execution, and other appropriate information.''
Sec. 4. Strengthened Role in Selecting Heads of
Intelligence Organizations. With respect to a position
that heads an organization within the Intelligence
Community:
(a) if the appointment to that position is made by
the head of the department or agency or a subordinate
thereof, no individual shall be appointed to such
position without the concurrence of the Director;
(b) if the appointment to that position is made by
the President alone, any recommendation to the
President to appoint an individual to that position
shall be accompanied by the recommendation of the
Director with respect to the proposed appointment; and
(c) if the appointment to that position is made by
the President, by and with the advice and consent of
the Senate, any recommendation to the President for
nomination of an individual for that position shall be
accompanied by the recommendation of the Director with
respect to the proposed nomination.
Sec. 5. Strengthened Control of Standards and
Qualifications. The Director shall issue, after
coordination with the heads of departments and agencies
[[Page 53596]]
with an organization in the Intelligence Community, and
not later than 120 days after the date of this order,
and thereafter as appropriate, standards and
qualifications for persons engaged in the performance
of United States intelligence activities, including but
not limited to:
(a) standards for training, education, and career
development of personnel within organizations in the
Intelligence Community, and for ensuring compatible
personnel policies and an integrated professional
development and education system across the
Intelligence Community, including standards that
encourage and facilitate service in multiple
organizations within the Intelligence Community and
make such rotated service a factor to be considered for
promotion to senior positions;
(b) standards for attracting and retaining
personnel who meet the requirements for effective
conduct of intelligence activities;
(c) standards for common personnel security
policies among organizations within the Intelligence
Community; and
(d) qualifications for assignment of personnel to
centers established under section 1.5(g)(2) of
Executive Order 12333, as amended by section 2 of this
order.
Sec. 6. Technical Corrections. Executive Order 12333 is
further amended as follows:
(a) The preamble is amended by, after ``amended'',
inserting ``(Act)''.
(b) Subsection 1.3(a)(4) is amended by, after
``governments'', inserting ``and organizations''.
(c) Subsection 1.4(a) is amended by, after ``needed
by the President'', inserting ``and, in the performance
of Executive functions, the Vice President,''.
(d) Subsection 1.7(c) is amended by striking ``the
Director of Central Intelligence and'' and by striking
``their respective'' and inserting ``its''.
(e) Subsection 1.8(c) is amended by, after ``agreed
upon'', inserting ``by''.
(f) Subsection 1.8(i) is amended by striking ``and
through'' and inserting in lieu thereof ``through''.
(g) Subsection 1.10 is amended by:
(i) striking ``The Department of the Treasury. The Secretary of the
Treasury shall:'' and inserting in lieu thereof ``The Department of the
Treasury and the Department of Homeland Security. The Secretary of the
Treasury, with respect to subsections (a), (b), and (c), and the Secretary
of Homeland Security with respect to subsection (d), shall:'';
(ii) in subparagraph (d), after ``used against the President'' inserting
``or the Vice President''; and
(iii) in subparagraph (d), striking ``the Secretary of the Treasury''
both places it appears and inserting in lieu thereof in both places ``the
Secretary of Homeland Security''.
(h) Subsection 2.4(c)(1) is amended by striking
``present of former'' and inserting in lieu thereof
``present or former''.
(i) Subsection 3.1 is amended by:
(i) striking ``as provided in title 50, United States Code, section 413''
and inserting in lieu thereof ``implemented in accordance with applicable
law, including title V of the Act''; and
(ii) striking ``section 662 of the Foreign Assistance Act of 1961 as
amended (22 U.S.C. 2422), and section 501 of the National Security Act of
1947, as amended (50 U.S.C. 413),'' and inserting in lieu thereof
``applicable law, including title V of the Act,''.
(j) Subsection 3.4(b) is amended by striking
``visably'' and inserting in lieu thereof ``visibly''.
(k) Subsection 3.4(f) is amended:
[[Page 53597]]
(i) after ``agencies within the Intelligence Community'', by inserting
``, or organizations within the Intelligence Community'';
(ii) in paragraph (8), by striking ``Those'' and inserting in lieu
thereof ``The intelligence elements of the Coast Guard and those''; and
(iii) by striking the ``and'' at the end of paragraph (7), striking the
period at the end of paragraph (8) and inserting in lieu thereof ``; and'',
and adding at the end thereof ``(9) National Geospatial-Intelligence
Agency''.
Sec. 7. General Provisions.
(a) This order and the amendments made by this
order:
(i) shall be implemented in a manner consistent with applicable law and
subject to the availability of appropriations;
(ii) shall be implemented in a manner consistent with the authority of
the principal officers of the executive departments as heads of their
respective departments, 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) Nothing in section 4 of this order limits or
otherwise affects--
(i) the appointment of an individual to a position made before the date
of this order; or
(ii) the power of the President as an appointing authority to terminate
an appointment.
(c) Nothing in this order shall be construed to
impair or otherwise affect any authority to provide
intelligence to the President, the Vice President in
the performance of Executive functions, and other
officials in the executive branch.
(d) 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.
(Presidential Sig.)B
THE WHITE HOUSE,
August 27, 2004.
[FR Doc. 04-20051
Filed 8-31-04; 8:45 am]
Billing code 3195-01-P
Complete official Federal Register PDF
FR Doc. 04-20050 National Counterterrorism Center
[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Presidential Documents]
[Pages 53589-53592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20050]
Presidential Documents
Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 /
Presidential Documents
[[Page 53589]]
Executive Order 13354 of August 27, 2004
National Counterterrorism Center
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 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;
[[Page 53590]]
(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;
(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;
[[Page 53591]]
(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 or
individuals involved in transnational terrorism; (ii)
threats posed by such groups or individuals to the
United States, United States persons, or United
[[Page 53592]]
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.
(Presidential Sig.)B
THE WHITE HOUSE,
August 27, 2004.
[FR Doc. 04-20050
Filed 8-31-04; 8:45 am]
Billing code 3195-01-P
Complete official Federal Register PDF
FR Doc. 04-20049 Establishing the President's Board on Safeguarding Americans' Civil Liberties
[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Presidential Documents]
[Pages 53585-53587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20049]
[[Page 53583]]
-----------------------------------------------------------------------
Part VI
The President
-----------------------------------------------------------------------
Executive Order 13353--Establishing the President's Board on
Safeguarding Americans' Civil Liberties
Executive Order 13354--National Counterterrorism Center
Executive Order 13355--Strengthened Management of the Intelligence
Community
Executive Order 13356--Strengthening the Sharing of Terrorism
Information To Protect Americans
Presidential Documents
Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 53585]]
Executive Order 13353 of August 27, 2004
Establishing the President's Board on
Safeguarding Americans' Civil Liberties
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to further strengthen protections
for the rights of Americans in the effective
performance of national security and homeland security
functions, it is hereby ordered as follows:
Section 1. Policy. The United States Government has a
solemn obligation, and shall continue fully, to protect
the legal rights of all Americans, including freedoms,
civil liberties, and information privacy guaranteed by
Federal law, in the effective performance of national
security and homeland security functions.
Sec. 2. Establishment of Board. To advance the policy
set forth in section 1 of this order (Policy), there is
hereby established the President's Board on
Safeguarding Americans' Civil Liberties (Board). The
Board shall be part of the Department of Justice for
administrative purposes.
Sec. 3. Functions. The Board shall:
(a)
(i) advise the President on effective means to implement the Policy, and
(ii) keep the President informed of the implementation of the Policy;
(b)
periodically request reports from Federal departments and agencies
relating to policies and procedures that ensure implementation of the
Policy;
(c)
recommend to the President policies, guidelines and other administrative
actions, technologies, and legislation, as necessary to implement the
Policy;
(d)
at the request of the head of any Federal department or agency, unless the
Chair, after consultation with the Vice Chair, declines the request,
promptly review and provide advice on a policy or action of that department
or agency that implicates the Policy;
(e)
obtain information and advice relating to the Policy from representatives
of entities or individuals outside the executive branch of the Federal
Government in a manner that seeks their individual advice and does not
involve collective judgment or consensus advice or deliberation;
(f)
refer, consistent with section 535 of title 28, United States Code,
credible information pertaining to possible violations of law relating to
the Policy by any Federal employee or official to the appropriate office
for prompt investigation;
(g)
take steps to enhance cooperation and coordination among Federal
departments and agencies in the implementation of the Policy, including but
not limited to working with the Director of the Office of Management and
Budget and other officers of the United States to review and assist in the
coordination of guidelines and policies concerning national security and
homeland security efforts, such as information collection and sharing; and
(h)
undertake other efforts to protect the legal rights of all Americans,
including freedoms, civil liberties, and information privacy guaranteed by
Federal law, as the President may direct.
Upon the recommendation of the Board, the Attorney
General or the Secretary of Homeland Security may
establish one or more committees that include
[[Page 53586]]
individuals from outside the executive branch of the
Federal Government, in accordance with applicable law,
to advise the Board on specific issues relating to the
Policy. Any such committee shall carry out its
functions separately from the Board.
Sec. 4. Membership and Operation. The Board shall
consist exclusively of the following:
(a)
the Deputy Attorney General, who shall serve as Chair;
(b)
the Under Secretary for Border and Transportation Security, Department of
Homeland Security, who shall serve as Vice Chair;
(c)
the Assistant Attorney General (Civil Rights Division);
(d)
the Assistant Attorney General (Office of Legal Policy);
(e)
the Counsel for Intelligence Policy, Department of Justice;
(f)
the Chair of the Privacy Council, Federal Bureau of Investigation;
(g)
the Assistant Secretary for Information Analysis, Department of Homeland
Security;
(h)
the Assistant Secretary (Policy), Directorate of Border and Transportation
Security, Department of Homeland Security;
(i)
the Officer for Civil Rights and Civil Liberties, Department of Homeland
Security;
(j)
the Privacy Officer, Department of Homeland Security;
(k)
the Under Secretary for Enforcement, Department of the Treasury;
(l)
the Assistant Secretary (Terrorist Financing), Department of the Treasury;
(m)
the General Counsel, Office of Management and Budget;
(n)
the Deputy Director of Central Intelligence for Community Management;
(o)
the General Counsel, Central Intelligence Agency;
(p)
the General Counsel, National Security Agency;
(q)
the Under Secretary of Defense for Intelligence;
(r)
the General Counsel of the Department of Defense;
(s)
the Legal Adviser, Department of State;
(t)
the Director, Terrorist Threat Integration Center; and
(u)
such other officers of the United States as the Deputy Attorney General
may from time to time designate.
A member of the Board may designate, to perform the
Board or Board subgroup functions of the member, any
person who is part of such member's department or
agency and who is either (i) an officer of the United
States appointed by the President, or (ii) a member of
the Senior Executive Service or the Senior Intelligence
Service. The Chair, after consultation with the Vice
Chair, shall convene and preside at meetings of the
Board, determine its agenda, direct its work, and, as
appropriate to deal with particular subject matters,
establish and direct subgroups of the Board that shall
consist exclusively of members of the Board. The Chair
may invite, in his discretion, officers or employees of
other departments or agencies to participate in the
work of the Board. The Chair shall convene the first
meeting of the Board within 20 days after the date of
this order and shall thereafter convene meetings of the
Board at such times as the Chair, after consultation
with the Vice Chair, deems appropriate. The Deputy
Attorney General shall designate an official of the
Department of Justice to serve as the Executive
Director of the Board.
Sec. 5. Cooperation. To the extent permitted by law,
all Federal departments and agencies shall cooperate
with the Board and provide the Board with such
information, support, and assistance as the Board,
through the Chair, may request.
Sec. 6. Administration. Consistent with applicable law
and subject to the availability of appropriations, the
Department of Justice shall provide the funding and
administrative support for the Board necessary to
implement this order.
Sec. 7. General Provisions. (a) This order shall not be
construed to impair or otherwise affect the authorities
of any department, agency, instrumentality,
[[Page 53587]]
officer, or employee of the United States under
applicable law, including the functions of the Director
of the Office of Management and Budget relating to
budget, administrative, or legislative proposals.
(b) This order shall be implemented in a manner
consistent with applicable laws and Executive Orders
concerning protection of information, including those
for the protection of intelligence sources and methods,
law enforcement information, and classified national
security information, and the Privacy Act of 1974, as
amended (5 U.S.C. 552a).
(c) This order is intended only to improve the
internal management of the Federal Government and is
not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law
or in equity, by a party against the United States, or
any of its departments, agencies, instrumentalities,
entities, officers, employees, or agents, or any other
person.
(Presidential Sig.)B
THE WHITE HOUSE,
August 27, 2004.
[FR Doc. 04-20049
Filed 8-31-04; 8:45 am]
Billing code 3195-01-P
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