Further Strengthening the Sharing of Terrorism Information To Protect Americans

This executive order mandates maximum sharing of terrorism information across federal agencies and with state, local, tribal, and private sector partners while protecting Americans' privacy rights. It establishes an Information Sharing Council chaired by the Program Manager under the 2004 Intelligence Reform Act and revokes the previous EO 13356, incorporating its standards into implementation of the statutory framework.

Federal Register Open PDF 70 FR 62023

Impact dates

Oct 25, 2005
Agency heads to promptly give access to terrorism information to other counterterrorism agencies
Oct 25, 2005
Information Sharing Council to provide advice on interoperable terrorism information sharing environment

Key directives

Agency heads shall promptly give access to terrorism information to other agencies with counterterrorism functions unless otherwise directed by President
Agency heads shall cooperate in producing reports with formats maximizing dissemination utility
Common standards from EO 13356 section 3 to be used for sharing terrorism information
Collection and sharing requirements from EO 13356 section 4 to be used for information collected within US
Plan from EO 13356 section 5(c) for interoperable environment to be used for implementation
Information Sharing Council established with specified membership to advise on interoperable sharing environment
EO 13311 amended: 'Director of Central Intelligence' replaced with 'Director of National Intelligence'
EO 13311 amended: '103(c)(7)' replaced with '102A(i)(1)'
EO 13356 revoked

Timeline

Immediate

EO 13356 revoked; EO 13311 amended to replace 'Director of Central Intelligence' with 'Director of National Intelligence'
Information Sharing Council established with designated membership

Near term (90d)

Agency heads must begin giving prompt access to terrorism information to other counterterrorism agencies
Council to begin advising on interoperable terrorism information sharing environment

Long term

Implementation of automated sharing environment across agencies
Ongoing coordination with state/local/tribal governments and private sector
Integration with section 1016 of IRTPA framework

Risks & tensions

Privacy-civil liberties tension: Section 1(b) mandates protection of 'freedom, information privacy, and other legal rights' but operational pressure for maximum sharing may subordinate these protections
Vague 'promptly' standard in Section 2(a) creates enforcement uncertainty—no specific timeline for information sharing
'As appropriate' qualifiers in Sections 3-5 allow agencies discretion that may delay implementation
Exclusion of Government Accountability Office from 'agency' definition reduces oversight access
State/local/tribal and private sector information sharing raises federalism and liability questions
Amendment replacing DCI with DNI reflects post-2004 intelligence reform but may create transitional friction