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http://www.whitehouse.gov/news/releases/2004/08/20040827-4.html
Office of the Press Secretary
 August 27, 2004
 Executive Order 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 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.
 (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:
 (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.
 GEORGE W. BUSH
 THE WHITE HOUSE,
 August 27, 2004.
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