EO 13388 Title 3--The President of a proposed interoperable terrorism information sharing environment re- ported under section 5(c) of Executive Order 13356 shall be used, as appro- priate, in carrying out section 10\1776 of the Intelligence Reform and Ter- rorism 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 \17705 of title 5, United States Code, together with the De- partment of Homeland Security, but includes the Postal Rate Commission and the United States Postal Service and excludes the Government Ac- countability Office; and (b) the term "terrorism information" has the meaning set forth for such term in section \1770\1776(a)(4) of the Intelligence Reform and Terrorism Preven- tion Act of 2004. Sec. 7. General Provisions. (a) This order: (i) shall be implemented in a manner consistent with applicable law, in- cluding Federal law protecting the information privacy and other legal rights of Americans, and subject to the availability of appropriations; (it) 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. 265\177), section 20\177 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 \17702(a) of the Homeland Security Act of 2002 (6 U.S.C. \1772(a)), and sections 301 of title 5, \1773(b) and \17762(b) of title \1770, 150\177 of title \1775, 503 of title 28, and 30\177(b) of title 3% United States Code; (iii) shall be implemented consistent with the Presidential Memorandum of June 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 102A 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- talities, or entities, its officers, employees, or agents, or any other person. Sec. 8. Amendments and Revocation. (a) Executive Order \17733\177 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 Intel- ligence"; and (it) by striking "103(c)(7)" and inserting in lieu thereof "\17702A(i)(\177)". 202
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