Executive Order 13388: Further Strengthening the Sharing of Terrorism Information to Protect Americans

President: George W. Bush

Directed lawful interagency sharing of terrorism information while protecting privacy and legal rights.

Status: In effect. Is Executive Order 13388 still in effect? Yes. Executive Order 13388 remains in effect. See Federal Register record.

What does Executive Order 13388 do?

EO 13388 prioritized access and exchange of terrorism information across agencies and appropriate state, local, tribal and private partners, while requiring consistency with applicable law, information privacy and civil liberties. ODNI’s 2024 intelligence legal reference book includes EO 13388 and the Information Sharing Environment Privacy Guidelines, linking the sharing policy to explicit privacy protections.

Administration position: The order set a government information-sharing policy within legal and privacy limits.
SignedOctober 25, 2005
Earlier frameworkThe Intelligence Reform and Terrorism Prevention Act of 2004 established an information-sharing environment; EO 13356 had previously supplied interim sharing standards.
Responsible bodyFederal agencies and information-sharing authorities
Later primary evidence2024: ODNI’s 2024 intelligence legal reference book includes EO 13388 and the Information Sharing Environment Privacy Guidelines, linking the sharing policy to explicit privacy protections.

Before and after

Before the order

The Intelligence Reform and Terrorism Prevention Act of 2004 established an information-sharing environment; EO 13356 had previously supplied interim sharing standards.

After the order

EO 13388 prioritized access and exchange of terrorism information across agencies and appropriate state, local, tribal and private partners, while requiring consistency with applicable law, information privacy and civil liberties.

ODNI’s 2024 intelligence legal reference book includes EO 13388 and the Information Sharing Environment Privacy Guidelines, linking the sharing policy to explicit privacy protections.

What did the signed order change?

The Intelligence Reform and Terrorism Prevention Act of 2004 established an information-sharing environment; EO 13356 had previously supplied interim sharing standards. EO 13388 prioritized access and exchange of terrorism information across agencies and appropriate state, local, tribal and private partners, while requiring consistency with applicable law, information privacy and civil liberties.

What happened later?

ODNI — 2024 Intelligence Community Legal Reference Book documents this later development: ODNI’s 2024 intelligence legal reference book includes EO 13388 and the Information Sharing Environment Privacy Guidelines, linking the sharing policy to explicit privacy protections.

What does that evidence establish?

The order relies on section 1016 of the 2004 Act, addresses agency duties and does not override statutes governing disclosure or civil liberties. The later ODNI compilation shows the authority and privacy framework, without showing a specific exchange or outcome. Priority to share did not grant unrestricted access to personal information. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
Federal agencies and information-sharing authoritiesShared covered terrorism information subject to law and privacy safeguardsUnder the signed order and governing law

What happened next

EO 13388 signed.