By the authority vested in me as President by the Constitution and laws ofthe United States of America, including section 103(c)(8) of the NationalSecurity Act of 1947, as amended (Act), and to protect the security of theUnited States through strengthened intelligence analysis and strategic planningand intelligence support to operations to counter transnational terroristthreats against the territory, people, and interests of the United States ofAmerica, 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 terroristactivities against the territory, people, and interests of the United States ofAmerica, (ii) the interchange of terrorism information among agencies, (iii) theinterchange of terrorism information between agencies and appropriateauthorities of States and local governments, and (iv) the protection of theability of agencies to acquire additional such information.
(b) Agencies shall protect the freedom, information privacy, and other legalrights of Americans in the conduct of activities implementing section 1(a) ofthis order.
Sec. 2. Establishment of National Counterterrorism Center. (a) There ishereby 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 CentralIntelligence with the approval of the President.
(d) The Director of Central Intelligence shall have authority, direction, andcontrol over the Center and the Director of the Center.
Sec. 3. Functions of the Center. The Center shall have the followingfunctions:
(a) serve as the primary organization in the United States Government foranalyzing and integrating all intelligence possessed or acquired by the UnitedStates Government pertaining to terrorism and counterterrorism, excepting purelydomestic counterterrorism information. The Center may, consistent withapplicable law, receive, retain, and disseminate information from any Federal,State, or local government, or other source necessary to fulfill itsresponsibilities concerning the policy set forth in section 1 of this order; andagencies authorized to conduct counterterrorism activities may query Center datafor 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 withinand among agencies;
(c) assign operational responsibilities to lead agencies for counterterrorismactivities that are consistent with applicable law and that support strategicplans to counter terrorism. The Center shall ensure that agencies have access toand receive intelligence needed to accomplish their assigned activities. TheCenter shall not direct the execution of operations. Agencies shall inform theNational Security Council and the Homeland Security Council of any objections todesignations and assignments made by the Center in the planning and coordinationof counterterrorism activities;
(d) serve as the central and shared knowledge bank on known and suspectedterrorists 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 receiveall-source intelligence support needed to execute their counterterrorism plansor perform independent, alternative analysis.
Sec. 4. Duties of the Director of Central Intelligence. The Director ofCentral Intelligence shall:
(a) exercise the authority available by law to the Director of CentralIntelligence to implement this order, including, as appropriate, the authorityset forth in section 102(e)(2)(H) of the Act;
(b) report to the President on the implementation of this order, within 120days 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 setforth in section 1 of this order, to the extent execution of that policy iswithin the responsibilities of the Director of Central Intelligence;
(2) the effectiveness of the Center in the implementation of the policy setforth in section 1 of this order, to the extent execution of that policy iswithin the responsibilities of the Director of Central Intelligence; and
(3) the cooperation of the heads of agencies in the implementation of thisorder; and
(c) ensure the performance of all-source intelligence analysis that, amongother qualities, routinely considers and presents alternative analytical viewsto 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 setforth in section 1 of this order and ensuring that the Center effectivelyperforms the functions set forth in section 3 of this order, the Director of theCenter shall:
(a) access, as deemed necessary by the Director of the Center for theperformance of the Center's functions, information to which the Director of theCenter is granted access by section 6 of this order;
(b) correlate, analyze, evaluate, integrate, and produce reports on terrorisminformation;
(c) disseminate transnational terrorism information, including currentterrorism threat analysis, to the President, the Vice President in theperformance of Executive functions, the Secretaries of State, Defense, andHomeland 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 ofJustice, and other appropriate agencies, in fulfillment of their responsibilityto disseminate terrorism information, consistent with applicable law, ExecutiveOrders and other Presidential guidance, to State and local government officials,and other entities, and coordinate dissemination of terrorism information toforeign 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 andintegration, dissemination, and use of terrorism information from whateversources derived;
(f) undertake, as soon as the Director of Central Intelligence determines itto be practicable, all functions assigned to the Terrorist Threat IntegrationCenter;
(g) consistent with priorities approved by the President, assist the Directorof Central Intelligence in establishing requirements for the IntelligenceCommunity for the collection of terrorism information, to include ensuringmilitary force protection requirements are met;
(h) under the direction of the Director of Central Intelligence, and inconsultation with heads of agencies with organizations in the IntelligenceCommunity,entify, coordinate, and prioritize counterterrorism intelligencerequirements for the Intelligence Community; and
(i)entify, together with relevant agencies, specific counterterrorismplanning efforts to be initiated or accelerated to protect the nationalsecurity.
Sec. 6. Duties of the Heads of Agencies. (a) To implement the policy setforth 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 theCenter, unless prohibited by law (such as section 103(c)(7) of the Act orExecutive Order 12958, as amended) or otherwise directed by the President;
(B) shall cooperate in and facilitate the production of reports based onterrorism information with contents and formats that permit dissemination thatmaximizes 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 thepreparation 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 tocounterterrorism shall keep the Director of the Center fully and currentlyinformed 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 thePresident.
(b) The head of each agency shall, consistent with applicable law, makeavailable to the Director of the Center such personnel, funding, and otherresources as the Director of Central Intelligence, after consultation with thehead of the agency and with the approval of the Director of the Office ofManagement and Budget, may request. In order to ensure maximum informationsharing consistent with applicable law, each agency representative to theCenter, 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 RateCommission and the United States Postal Service and excludes the GovernmentAccountability Office;
(b) the term "Intelligence Community" has the meaning set forth forthat term in section 3.4(f) of Executive Order 12333 of December 4, 1981, asamended;
(c) the terms "local government", "State", and, when usedin a geographical sense, "United States" have the meanings set forthfor 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, whethercollected, 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 internationalterrorist groups or individuals, or of domestic groups or individuals involvedin transnational terrorism; (ii) threats posed by such groups or individuals tothe United States, United States persons, or United States interests, or tothose of other nations; (iii) communications of or by such groups orindividuals; or (iv) information relating to groups or individuals reasonablybelieved 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 rightsof Americans, and subject to the availability of appropriations;
(ii) shall be implemented in a manner consistent with the authority of theprincipal officers of agencies as heads of their respective agencies, includingunder section 199 of the Revised Statutes (22 U.S.C. 2651), section 201 of theDepartment of Energy Reorganization Act (42 U.S.C. 7131), section 102(a) of theHomeland 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, UnitedStates Code; and
(iii) shall not be construed to impair or otherwise affect the functions ofthe 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 improvethe internal management of the Federal Government and are not intended to, anddo not, create any rights or benefits, substantive or procedural, enforceable atlaw or in equity by a party against the United States, its departments,agencies, instrumentalities, or entities, its officers, employees, or agents, orany other person.
GEORGE W. BUSH
THE WHITE HOUSE,
August 27, 2004