EO 13388 Title 3--The President section 201 of the Department of Energy Organization Act (42 U.S.C. 713\177), section \17703 of the National Security Act of \177947 (50 U.S.C. 403- 3), section \17702(a) of the Homeland Security Act of 2002 (6 U.S.C. l\1772(a)), and sections 30\177 of title 5, \1773(b) and 162(b) of title \1770, \17750\177 of title \1775, 503 of title 28, and 301(b) of title 3% United States Code; (iii) shall be implemented consistent with the Presidential Memorandum of }une 2, 2005, on "Strengthening Information Sharing, Access, and In- tegration-Organizational, Management, and Policy Development Struc- tures 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 (v) shall be implemented in a manner consistent with section \17702A of the National Security Act of \177947. (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, instrumen- tallties, or entities, its officers, employees, or agents, or any other person. Sec. 8. Amendments und Revocution. (a) Executive Order \177331\177 of Ju]y 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 Intel- ligence"; and (ii) by striking "\17703(c)(7)" and inserting in lieu thereof "\17702A(i)(\177)". (b) Executive Order 13356 of August 27, 2004, is hereby revoked. By the authority vested in me as President by the Constitution and the laws of the United States of America, including section \1770\1776 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law \17708-458), 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 dis- semination 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 Heuds of Agencies Possessing or Acquiring Terrorism In- formation. To implement the policy set forth in section \177 of this order, the head of each agency that possesses or acquires terrorism information: 2OO
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