EO 13388 Title 3--The President Executive Order 13388 of October 25, 2005 Further Strengthening the Sharing of Terrorism Information To Protect Americans By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), 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 Heads of Agencies Possessing or Acquiring Terrorism In- formation. 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, unless otherwise directed by the President, and consistent with (i) the statutory responsibilities of the agen- cies providing and receiving the information; (ii) any guidance issued by the Attorney General to fulfill the policy set forth in subsection l(b) of this order; and (iii) other applicable law, including sections 102A(g) and (i) of the National Security Act of 1947, section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (including any policies, procedures, guidelines, rules, and standards issued pursuant thereto), sections 202 and 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; and (b) shall cooperate in and facilitate production of reports based on ter- rorism 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. Sec. 3. Preparing Terrorism Information for Maximum Distribution. To as- sist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the common standards for the sharing of terrorism information established pursuant to section 3 of Executive Order 13356 of August 27, 2004, shall be used, as appropriate, in carrying
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