[ EXECUTIVE ORDER NO. 54, January 19, 2024 ]
REORGANIZING THE NATIONAL INTELLIGENCE COORDINATING AGENCY AND FOR OTHER PURPOSES
WHEREAS, Executive Order (EO) No. 246 (s. 1987) created the National Intelligence Coordinating Agency (NICA) as the focal point for direction, coordination, and integration of government activities involving national intelligence, and the preparation of intelligence estimates of local and foreign situations for the formulation of national policies by the President;
WHEREAS, there is a need to reorganize the NICA to adapt to the evolving threats to national security and ensure a more vigorous intelligence collection, intensify internal and external coordination with foreign and domestic counterparts, and prepare intelligence and security assessments and estimates using data analytics to ensure national security and promote national interest;
WHEREAS, Section 92 of the General Provisions of Republic Act No. 11975 or the "General Appropriations Act for Fiscal Year 2024" provides that the President is authorized to create new offices and modify the existing organizational structure of agencies in the Executive branch, as well as create new positions or modify existing ones whether public interest so requires;
WHEREAS, Section 9 of EO No. 246 provides that the organization and staffing pattern of the NICA shall be recommended by its Director General for the approval of the President;
WHEREAS, Section 31, Chapter 10, Title III, Book III of EO No. 292 (s. 1987) or the "Administrative Code of 1987" provides that the President has the continuing authority to reorganize the administrative structure of the Office of the President; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus, and offices, and the mandate to ensure the faithful execution of laws;
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Establishment of the Office of the Deputy Director General for Cyber and Emerging Threats. The Office of the Deputy Director General (ODDG) for Cyber and Emerging Threats is hereby established under the NICA, which shall provide direction to the overall planning, supervision and coordination of the NICA on counterintelligence and counter-measures against cybersecurity threats, weapons of mass destruction, and other emerging threats which are non-traditional in nature and have the potential to challenge traditional security approaches which may be unsuited in addressing them.
The ODDG for Cyber and Emerging Threats shall be headed by a Deputy Director General (DDG), with the rank of Assistant Secretary, to be appointed by the President.
Section 2. Organizational Structure of the ODDG for Cyber and Emerging Threats. The ODDG for Cyber and Emerging Threats shall be composed of the following units:
a. Directorate for Counterintelligence and Security (DCA). The DCS shall serve as the focal point of the NICA for the National Government's coordination activities on counterintelligence.
The existing DCS under the ODDG for Operations is hereby transferred to the ODDG for Cyber and Emerging Threats.
b. Directorate for Cyberintelligence and COuntering Weapons of Mass Destruction (DCCWMD). The DCCWMD, which is hereby established, shall be responsible for the NICA's conduct of national (i) cyberintelleigence research using data analytics; and (ii) intelligence activities to counter chemical, biological, radiological and nuclear threats, as well as emerging threats.
The DCCWMD shall also lead the NICA's internal (i) response operations; (ii) security and safety assessment; (iii) network monitoring; and (iv) information and communications technology development and management. It shall also develop and manage the National Cyber Intelligence Network, and supervise the NICA's Cybersecurity Desks in all Regional Offices.
The DCCWMD shall be headed by an Assistant Director General, with the rank of Director IV, to be appointed by the President.
Section 3. Additional Functions of the NICA. To the extent consistent with existing laws, rules and regulations, and in addition to its present functions, the NICA shall have the authority to:
a. Request the detail of personnel from other govenrment departments, agencies, bureaus, offices, and institutions, subject to the approval of the head of office and availability of personnel, to ensure the effective coordination, integration and fusion of information relative to national intelligence concerns; and
b. Be requested by constitutional bodies, the judiciary, and both Houses of Congress to integrate information and/or intelligence, coordinate with appropriate government agencies the conduct of national activities involving intelligence and/or investigation on matters of national security.
Section 4. Funding. The funding requirements for the implementation of this Order shall be charged against current and available appropriations of the NICA, subject to pertinent budgeting, accounting, and auditing laws, rules and regulations. Thereafter, the funding requirements necessary for the continued implementation of this Order shall be included in the budget proposal of the NICA, subject to the usual budget preparation process.
Section 5. Separability. If any section or part of this Order shall be held invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.
Section 6. Repeal. All orders, rules and regulations, and other issuances or parts thereof which are inconsistent with the provisions of this Order, are hereby repealed or modified accordingly.
Section 7. Effectivity. This Order shall take effect immediately.
DONE, in the City of Manila, this 19th day of January, in the year of our Lord, Two Thousand and Twenty-Four.
(SGD.) FERDINAND R. MARCOS, JR.
By the President:
(SGD.) LUCAS P. BERSAMIN
Executive Secretary