[Weekly Compilation of Presidential Documents Volume 39, Number 10 (Monday, March 10, 2003)]
[Pages 268-280]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13286--Amendment of Executive Orders, and Other Actions,
in Connection With the Transfer of Certain Functions to the Secretary of
Homeland Security
February 28, 2003
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Homeland
Security Act of 2002 (Public Law 107-296) and section 301 of title 3,
United States Code, and in order to reflect the transfer of certain
functions to, and other responsibilities vested in, the Secretary of
Homeland Security, the transfer of certain agencies and agency
components to the Department of Homeland Security, and the delegation of
appropriate responsibilities to the Secretary of Homeland Security, it
is hereby ordered as follows:
Section 1. Executive Order 13276 of November 15, 2002 (``Delegation
of Responsibilities Concerning Undocumented Aliens Interdicted or
Intercepted in the Caribbean Region''), is amended by:
(a) striking ``The Attorney General'' wherever it appears in section
1 and inserting ``The Secretary of Homeland Security'' in lieu thereof;
and
(b) striking ``the Attorney General'' wherever it appears in section
1 and inserting ``the Secretary of Homeland Security'' in lieu thereof.
Sec. 2. Executive Order 13274 of September 18, 2002 (``Environmental
Stewardship and Transportation Infrastructure Project Reviews''), is
amended by inserting ``Secretary of Homeland Security,'' after
``Secretary of Defense,'' in section 3(b).
Sec. 3. Executive Order 13271 of July 9, 2002 (``Establishment of
the Corporate Fraud Task Force''), is amended by:
(a) inserting ``(b) the Secretary of Homeland Security;'' after
``(a) the Secretary of the Treasury;'' in section 4; and
(b) relettering the subsequent subsections in section 4
appropriately.
Sec. 4. Executive Order 13260 of March 19, 2002 (``Establishing the
President's Homeland Security Advisory Council and Senior Advisory
Committees for Homeland Security''), is amended by:
(a) striking ``the Assistant to the President for Homeland Security
(Assistant)'' in section 1(c) and inserting ``the Secretary of Homeland
Security (Secretary)'' in lieu thereof;
(b) striking ``the Assistant'' wherever it appears in sections 2 and
3 and inserting ``the Secretary'' in lieu thereof;
(c) striking ``the Office of Administration'' in section 3(d) and
inserting ``the Department of Homeland Security'' in lieu thereof;
(d) striking ``the Administrator of General Services'' in section
4(a) and inserting ``the Secretary of Homeland Security'' in lieu
thereof; and
(e) inserting ``of General Services'' after ``Administrator'' in
section 4(a).
Executive Order 13260 of March 19, 2002, is hereby revoked effective
as of March 31, 2003.
Sec. 5. Executive Order 13257 of February 13, 2002 (``President's
Interagency Task Force to Monitor and Combat Trafficking in Persons''),
is amended by:
(a) inserting ``(v) the Secretary of Homeland Security;'' after
``(iv) the Secretary of Health and Human Services;'' in section 1(b);
and
(b) renumbering the subsequent subsections in section 1(b)
appropriately.
Sec. 6. Executive Order 13254 of January 29, 2002 (``Establishing
the USA Freedom Corps''), is amended by striking ``Director of the
Federal Emergency Management Agency;'' in section 3(b)(viii) and
inserting ``Secretary of Homeland Security;'' in lieu thereof.
Sec. 7. Executive Order 13231 of October 16, 2001 (``Critical
Infrastructure Protection in the Information Age''), as amended, is
further amended to read in its entirety as follows:
``Critical Infrastructure Protection in the Information Age
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to ensure
protection of information systems for critical infrastructure, including
emergency preparedness communications and the physical assets that
support such systems, in the
[[Page 269]]
information age, it is hereby ordered as follows:
Section 1. Policy. The information technology revolution has changed
the way business is transacted, government operates, and national
defense is conducted. Those three functions now depend on an
interdependent network of critical information infrastructures. It is
the policy of the United States to protect against disruption of the
operation of information systems for critical infrastructure and thereby
help to protect the people, economy, essential human and government
services, and national security of the United States, and to ensure that
any disruptions that occur are infrequent, of minimal duration, and
manageable, and cause the least damage possible. The implementation of
this policy shall include a voluntary public-private partnership,
involving corporate and nongovernmental organizations.
Sec. 2. Continuing Authorities. This order does not alter the
existing authorities or roles of United States Government departments
and agencies. Authorities set forth in 44 U.S.C. chapter 35, and other
applicable law, provide senior officials with responsibility for the
security of Federal Government information systems.
(a) Executive Branch Information Systems Security. The Director of
the Office of Management and Budget (OMB) has the responsibility to
develop and oversee the implementation of government-wide policies,
principles, standards, and guidelines for the security of information
systems that support the executive branch departments and agencies,
except those noted in section 2(b) of this order. The Director of OMB
shall advise the President and the appropriate department or agency head
when there is a critical deficiency in the security practices within the
purview of this section in an executive branch department or agency.
(b) National Security Information Systems. The Secretary of Defense
and the Director of Central Intelligence (DCI) shall have responsibility
to oversee, develop, and ensure implementation of policies, principles,
standards, and guidelines for the security of information systems that
support the operations under their respective control. In consultation
with the Assistant to the President for National Security Affairs and
the affected departments and agencies, the Secretary of Defense and the
DCI shall develop policies, principles, standards, and guidelines for
the security of national security information systems that support the
operations of other executive branch departments and agencies with
national security information.
(i) Policies, principles, standards, and guidelines developed under
this subsection may require more stringent protection than those
developed in accordance with section 2(a) of this order.
(ii) The Assistant to the President for National Security Affairs
shall advise the President and the appropriate department or agency when
there is a critical deficiency in the security practices of a department
or agency within the purview of this section.
(iii) National Security Systems. The National Security
Telecommunications and Information Systems Security Committee, as
established by and consistent with NSD-42 and chaired by the Department
of Defense, shall be designated as the ``Committee on National Security
Systems.''
(c) Additional Responsibilities. The heads of executive branch
departments and agencies are responsible and accountable for providing
and maintaining adequate levels of security for information systems,
including emergency preparedness communications systems, for programs
under their control. Heads of such departments and agencies shall ensure
the development and, within available appropriations, funding of
programs that adequately address these mission systems, especially those
critical systems that support the national security and other essential
government programs. Additionally, security should enable, and not
unnecessarily impede, department and agency business operations.
Sec. 3. The National Infrastructure Advisory Council. The National
Infrastructure Advisory Council (NIAC), established on October 16, 2001,
shall provide the President through the Secretary of Homeland Security
with advice on the security of information systems for critical
infrastructure supporting other sectors of the economy: banking and
finance, transportation, energy, manufacturing, and emergency government
services.
[[Page 270]]
(a) Membership. The NIAC shall be composed of not more than 30
members appointed by the President. The members of the NIAC shall be
selected from the private sector, academia, and State and local
government. Members of the NIAC shall have expertise relevant to the
functions of the NIAC and generally shall be selected from industry
Chief Executive Officers (and equivalently ranked leaders of other
organizations) with responsibilities for security of information
infrastructure supporting the critical sectors of the economy, including
banking and finance, transportation, energy, communications, and
emergency government services. Members shall not be full-time officials
or employees of the executive branch of the Federal Government. The
President shall designate a Chair and Vice Chair from among the members
of the NIAC.
(b) Functions of the NIAC. The NIAC will meet periodically to:
(i) enhance the partnership of the public and private sectors in
protecting information systems for critical infrastructures and
provide reports on this issue to the Secretary of Homeland
Security, as appropriate;
(ii) propose and develop ways to encourage private industry to
perform periodic risk assessments of critical information and
telecommunications systems;
(iii) monitor the development of private sector Information
Sharing and Analysis Centers (ISACs) and provide recommendations
to the President through the Secretary of Homeland Security on how
these organizations can best foster improved cooperation among the
ISACs, the Department of Homeland Security, and other Federal
Government entities;
(iv) report to the President through the Secretary of Homeland
Security, who shall ensure appropriate coordination with the
Assistant to the President for Homeland Security, the Assistant to
the President for Economic Policy, and the Assistant to the
President for National Security Affairs under the terms of this
order; and
(v) advise lead agencies with critical infrastructure
responsibilities, sector coordinators, the Department of Homeland
Security, and the ISACs.
(c) Administration of the NIAC.
(i) The NIAC may hold hearings, conduct inquiries, and establish
subcommittees, as appropriate.
(ii) Upon request of the Chair, and to the extent permitted by
law, the heads of the executive departments and agencies shall
provide the NIAC with information and advice relating to its
functions.
(iii) Senior Federal Government officials may participate in the
meetings of the NIAC, as appropriate.
(iv) Members shall serve without compensation for their work on
the NIAC. However, members may be reimbursed for travel expenses,
including per diem in lieu of subsistence, as authorized by law
for persons serving intermittently in Federal Government service
(5 U.S.C. 5701-5707).
(v) To the extent permitted by law and subject to the availability
of appropriations, the Department of Homeland Security shall
provide the NIAC with administrative services, staff, and other
support services, and such funds as may be necessary for the
performance of the NIAC's functions.
(d) General Provisions.
(i) Insofar as the Federal Advisory Committee Act, as amended (5
U.S.C. App.) (Act), may apply to the NIAC, the functions of the
President under that Act, except that of reporting to the
Congress, shall be performed by the Department of Homeland
Security in accordance with the guidelines and procedures
established by the Administrator of General Services.
(ii) The NIAC shall terminate on October 15, 2003, unless extended
by the President.
(iii) Executive Order 13130 of July 14, 1999, was revoked on
October 16, 2001.
(iv) Nothing in this order shall supersede any requirement made by
or under law.
Sec. 4. Judicial Review. This order does not create any right or
benefit, substantive
[[Page 271]]
or procedural, enforceable at law or in equity, against the United
States, its departments, agencies, or other entities, its officers or
employees, or any other person.''
Sec. 8. Executive Order 13228 of October 8, 2001 (``Establishing the
Office of Homeland Security and the Homeland Security Council''), as
amended, is further amended by:
(a) amending section 3(g) to read ``(g) Incident Management.
Consistent with applicable law, including the statutory functions of the
Secretary of Homeland Security, the Assistant to the President for
Homeland Security shall be the official primarily responsible for
advising and assisting the President in the coordination of domestic
incident management activities of all departments and agencies in the
event of a terrorist threat, and during and in the aftermath of
terrorist attacks, major disasters, or other emergencies, within the
United States. Generally, the Assistant to the President for Homeland
Security shall serve as the principal point of contact for and to the
President with respect to the coordination of such activities. The
Assistant to the President for Homeland Security shall coordinate with
the Assistant to the President for National Security Affairs, as
appropriate.''; and
(b) inserting ``, including the Department of Homeland Security''
after ``Government departments and agencies'' in section 7.
Sec. 9. Executive Order 13223 of September 14, 2001 (``Ordering the
Ready Reserve of the Armed Forces to Active Duty and Delegating Certain
Authorities to the Secretary of Defense and the Secretary of
Transportation''), as amended, is further amended by:
(a) striking ``the Secretary of Transportation'' in the title and
wherever it appears in sections 1, 5, 6, and 7, and inserting ``the
Secretary of Homeland Security'' in lieu thereof; and
(b) striking ``the Department of Transportation'' in section 7 and
inserting ``the Department of Homeland Security'' in lieu thereof.
Sec. 10. Executive Order 13212 of May 18, 2001 (``Actions to
Expedite Energy-Related Projects''), is amended by inserting ``Homeland
Security,'' after ``Veterans Affairs,'' in section 3.
Sec. 11. Executive Order 13165 of August 9, 2000 (``Creation of the
White House Task Force on Drug Use in Sports and Authorization for the
Director of the Office of National Drug Control Policy to Serve as the
United States Government's Representative on the Board of the World
Anti-Doping Agency''), is amended by inserting ``the Department of
Homeland Security,'' after ``the Department of Transportation,'' in
section 2.
Sec. 12. Executive Order 13154 of May 3, 2000 (``Establishing the
Kosovo Campaign Medal''), is amended by striking ``the Secretary of
Transportation'' in section 1 and inserting ``the Secretary of Homeland
Security'' in lieu thereof.
Sec. 13. Executive Order 13133 of August 5, 1999 (``Working Group on
Unlawful Conduct on the Internet''), is amended by:
(a) inserting ``(6) The Secretary of Homeland Security.'' after
``(5) The Secretary of Education.'' in section 3(a); and
(b) renumbering the subsequent subsections in section 3(a)
appropriately.
Sec. 14. Executive Order 13120 of April 27, 1999 (``Ordering the
Selected Reserve and Certain Individual Ready Reserve Members of the
Armed Forces to Active Duty''), is amended by striking ``the Secretary
of Transportation'' and inserting ``the Secretary of Homeland Security''
in lieu thereof.
Sec. 15. Executive Order 13112 of February 3, 1999 (``Invasive
Species''), is amended by inserting ``the Secretary of Homeland
Security,'' after ``Secretary of Transportation,'' in section 3(a).
Sec. 16. Executive Order 13100 of August 25, 1998 (``President's
Council on Food Safety''), is amended by inserting ``and Homeland
Security,'' after ``Health and Human Services,'' in section 1(a).
Sec. 17. Executive Order 13076 of February 24, 1998 (``Ordering the
Selected Reserve of the Armed Forces to Active Duty''), is amended by
striking ``the Secretary of Transportation'' and inserting ``the
Secretary of Homeland Security'' in lieu thereof.
Sec. 18. Executive Order 13011 of July 16, 1996 (``Federal
Information Technology''), as amended, is further amended by:
[[Page 272]]
(a) striking ``17. Federal Emergency Management Agency;'' in section
3(b); and
(b) renumbering the subsequent subsections in section 3(b)
appropriately.
Sec. 19. Executive Order 12989 of February 13, 1996 (``Economy and
Efficiency in Government Procurement through Compliance with Certain
Immigration and Naturalization Act Provisions''), is amended by:
(a) striking ``Naturalization'' in the title and inserting
``Nationality'' in lieu thereof;
(b) striking ``, the Attorney General'' in section 3;
(c) inserting ``the Secretary of Homeland Security'' before ``may''
in section 3(a);
(d) inserting ``the Secretary of Homeland Security'' before
``shall'' in section 3(b);
(e) inserting ``the Attorney General'' before ``shall'' in section
3(c);
(f) inserting ``Secretary of Homeland Security or the'' before
``Attorney General'' wherever it appears in section 4;
(g) striking ``The Attorney General's'' in section 4(b) and
inserting ``Such'' in lieu thereof;
(h) striking ``the Attorney General'' wherever it appears in the
first two sentences of section 5(a) and inserting ``the Secretary of
Homeland Security and Attorney General'' in lieu thereof;
(i) striking ``the responsibilities of the Attorney General'' in
section 5(a) and inserting ``their respective responsibilities'' in lieu
thereof;
(j) inserting ``Secretary of Homeland Security or the'' before
``Attorney General'' wherever in appears in the third sentence of
section 5(a);
(k) inserting ``Secretary of Homeland Security and the'' before
``Attorney General'' in section 6;
(l) striking ``the Attorney General's'' in section 6 and inserting
``their respective'' in lieu thereof; and
(m) inserting ``Secretary of Homeland Security, the'' before
``Attorney General'' in section 7.
Sec. 20. Executive Order 12985 of January 11, 1996 (``Establishing
the Armed Forces Service Medal''), is amended by striking ``the
Secretary of Transportation'' in section 2 and inserting ``the Secretary
of Homeland Security'' in lieu thereof.
Sec. 21. Executive Order 12982 of December 8, 1995 (``Ordering the
Selected Reserve of the Armed Forces to Active Duty''), is amended by
striking ``the Secretary of Transportation'' and inserting ``the
Secretary of Homeland Security'' in lieu thereof.
Sec. 22. Executive Order 12978 of October 21, 1995 (``Blocking
Assets and Prohibiting Transactions with Significant Narcotics
Traffickers''), is amended by inserting ``, the Secretary of Homeland
Security,'' after ``the Attorney General'' wherever it appears in
sections 1 and 4.
Sec. 23. Executive Order 12977 of October 19, 1995 (``Interagency
Security Committee''), is amended by:
(a) striking ``the Administrator of General Services
(``Administrator'')'' in section 1(a) and inserting ``the Secretary of
Homeland Security (``Secretary'')'' in lieu thereof;
(b) striking ``and'' after ``(16) Central Intelligence Agency;'' in
section 1(b);
(c) inserting ``and (18) General Services Administration;'' after
``(17) Office of Management and Budget;'' in section 1(b);
(d) striking section 1(c)(2) and redesignating sections 1(c)(3) and
1(c)(4) as sections 1(c)(2) and 1(c)(3), respectively;
(e) striking ``Administrator'' wherever it appears in sections 2,
5(a)(3)(E), 6(a), and 6(c), and inserting ``Secretary'' in lieu thereof;
and
(f) striking ``, acting by and through the Assistant Commissioner,''
in section 6(c).
Sec. 24. Executive Order 12919 of June 3, 1994 (``National Defense
Industrial Resources Preparedness''), is amended by:
(a) striking ``The Director, Federal Emergency Management Agency
(``Director, FEMA'')'' in section 104(b) and inserting ``The Secretary
of Homeland Security (``the Secretary'')'' in lieu thereof;
(b) striking ``The Director, FEMA,'' in sections 201(c) and 601(f)
and inserting ``The Secretary'' in lieu thereof;
(c) striking ``the Director, FEMA,'' wherever it appears in sections
201(e), 202(c), 305, 501, 701(e), and 802(e), and inserting ``the
Secretary'' in lieu thereof; and
(d) inserting ``the Department of Homeland Security,'' after
``Attorney General,'' in section 801.
[[Page 273]]
Sec. 25. Executive Order 12906 of April 11, 1994 (``Coordinating
Geographic Data Acquisition and Access: The National Spatial Data
Infrastructure''), is amended by:
(a) striking ``and'' in section 7(b)(ii);
(b) striking the period at the end of section 7(b)(iii) and
inserting ``; and'' in lieu thereof; and
(c) inserting a new section 7(b)(iv) to read ``(iv) the national
security-related activities of the Department of Homeland Security as
determined by the Secretary of Homeland Security.''.
Sec. 26. Executive Order 12870 of September 30, 1993 (``Trade
Promotion Coordinating Committee''), is amended by:
(a) inserting ``(j) Department of Homeland Security;'' after ``(i)
Department of the Interior;'' in section 1; and
(b) relettering the subsequent subsections in section 1
appropriately.
Sec. 27. Executive Order 12835 of January 25, 1993 (``Establishment
of the National Economic Council''), is amended by:
(a) inserting ``(k) Secretary of Homeland Security;'' after ``(j)
Secretary of Energy;'' in section 2; and
(b) relettering the subsequent subsections in section 2
appropriately.
Sec. 28. Executive Order 12830 of January 9, 1993 (``Establishing
the Military Outstanding Volunteer Service Medal''), is amended by
striking ``the Secretary of Transportation'' wherever it appears and
inserting ``the Secretary of Homeland Security'' in lieu thereof.
Sec. 29. Executive Order 12824 of December 7, 1992 (``Establishing
the Transportation Distinguished Service Medal''), is amended by:
(a) striking ``Transportation'' in the title and inserting
``Homeland Security'' in lieu thereof; and
(b) striking ``Transportation'' wherever it appears and inserting
``Homeland Security'' in lieu thereof.
Sec. 30. Executive Order 12807 of May 24, 1992 (``Interdiction of
Illegal Aliens''), is amended by striking ``the Attorney General'' in
section 2(c)(3) and inserting ``the Secretary of Homeland Security'' in
lieu thereof.
Sec. 31. Executive Order 12793 of March 20, 1992 (``Continuing the
Presidential Service Certificate and Presidential Service Badge''), is
amended by striking ``the Secretary of Transportation'' in section 1 and
inserting ``the Secretary of Homeland Security'' in lieu thereof.
Sec. 32. Executive Order 12789 of February 10, 1992 (``Delegation of
Reporting Functions Under the Immigration Reform and Control Act of
1986''), is amended by striking ``The Attorney General'' in section 1
and inserting ``The Secretary of Homeland Security'' in lieu thereof.
Sec. 33. Executive Order 12788 of January 15, 1992 (``Defense
Economic Adjustment Program''), is amended by:
(a) inserting ``(15) Secretary of Homeland Security;'' after ``(14)
Secretary of Veterans Affairs;'' in section 4(a); and
(b) renumbering the subsequent subsections in section 4(a)
appropriately.
Sec. 34. Executive Order 12777 of October 18, 1991 (``Implementation
of Section 311 of the Federal Water Pollution Control Act of October 18,
1972, as Amended, and the Oil Pollution Act of 1990''), is amended by:
(a) inserting ``and the Secretary of the Department in which the
Coast Guard is operating'' after ``the Secretary of Transportation'' in
sections 2(b)(2) and 2(d)(2);
(b) striking ``the Secretary of Transportation'' in section 2(e)(2)
and wherever it appears in sections 5 and 8 and inserting ``the
Secretary of the Department in which the Coast Guard is operating'' in
lieu thereof; and
(c) inserting ``the Secretary of the Department in which the Coast
Guard is operating,'' after ``Agriculture,'' in section 10(c).
Sec. 35. Executive Order 12743 of January 18, 1991 (``Ordering the
Ready Reserve of the Armed Forces to Active Duty''), is amended by:
(a) striking ``the Department of Transportation'' in section 1 and
inserting ``the Department of Homeland Security'' in lieu thereof; and
(b) striking ``the Secretary of Transportation'' in section 1 and
inserting ``the Secretary of Homeland Security'' in lieu thereof.
Sec. 36. Executive Order 12742 of January 8, 1991 (``National
Security Industrial Responsiveness''), is amended by:
[[Page 274]]
(a) inserting ``Homeland Security,'' after ``Transportation,'' in
section 104(a); and
(b) striking ``the Director of the Federal Emergency Management
Agency'' in section 104(d) and inserting ``the Secretary of Homeland
Security'' in lieu thereof.
Sec. 37. Executive Order 12733 of November 13, 1990 (``Authorizing
the Extension of the Period of Active Duty of Personnel of the Selected
Reserve of the Armed Forces''), is amended by striking ``the Secretary
of Transportation'' and inserting ``the Secretary of Homeland Security''
in lieu thereof.
Sec. 38. Executive Order 12728 of August 22, 1990 (``Delegating the
President's Authority to Suspend any Provision of Law Relating to the
Promotion, Retirement, or Separation of Members of the Armed Forces''),
is amended by striking ``the Secretary of Transportation'' in sections 1
and 2 and inserting ``the Secretary of Homeland Security'' in lieu
thereof.
Sec. 39. Executive Order 12727 of August 27, 1990 (``Ordering the
Selected Reserve of the Armed Forces to Active Duty''), is amended by
striking ``the Secretary of Transportation'' in section 1 and inserting
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 40. Executive Order 12699 (``Seismic Safety of Federal and
Federally Assisted or Regulated New Building Construction''), is amended
by:
(a) striking ``Federal Emergency Management Agency (FEMA)'' in
section 3(d) and inserting ``Department of Homeland Security'' in lieu
thereof;
(b) striking ``The Director of the Federal Emergency Management
Agency'' in section 4(a) and inserting ``The Secretary of Homeland
Security'' in lieu thereof; and
(c) striking ``The Federal Emergency Management Agency'' and ``The
FEMA'' in section 5 and inserting ``The Department of Homeland
Security'' in lieu thereof (in both places).
Sec. 41. Executive Order 12657 of November 18, 1988 (``Federal
Emergency Management Agency Assistance in Emergency Preparedness
Planning at Commercial Nuclear Power Plants''), is amended by:
(a) striking ``Federal Emergency Management Agency'' in the title
and inserting ``Department of Homeland Security'' in lieu thereof;
(b) striking ``Federal Emergency Management Agency (``FEMA'')'' in
section 1(b) and inserting ``Department of Homeland Security (``DHS'')''
in lieu thereof;
(c) striking ``FEMA'' wherever it appears in sections 1(b), 2(b),
2(c), 3, 4, 5, and 6, and inserting ``DHS'' in lieu thereof; and
(d) striking ``the Director of FEMA'' in section 2(a) and inserting
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 42. Executive Order 12656 of November 18, 1988 (``Assignment of
Emergency Preparedness Responsibilities''), as amended, is further
amended by:
(a) striking ``The Director of the Federal Emergency Management
Agency'' wherever it appears in sections 104(c) and 1702 and inserting
``The Secretary of Homeland Security'' in lieu thereof;
(b) striking ``the Director of the Federal Emergency Management
Agency'' wherever it appears in sections 104(c), 201(15), 301(9),
401(10), 501(4), 501(7), 502(7), 601(3), 701(5), 801(9), 1302(4),
1401(4), 1701, and 1801(b), and inserting ``the Secretary of Homeland
Security'' in lieu thereof;
(c) striking ``consistent with current National Security Council
guidelines and policies'' in section 201(15) and inserting ``consistent
with current Presidential guidelines and policies'' in lieu thereof;
(d) striking ``Secretary'' in section 501(9) and inserting
``Secretaries'' in lieu thereof;
(e) inserting ``and Homeland Security'' after ``Labor'' in section
501(9);
(f) striking ``and'' after ``State'' in section 701(6) and inserting
a comma in lieu thereof;
(g) inserting ``, and Homeland Security'' after ``Defense'' in
section 701(6);
(h) striking ``the Director of the Federal Emergency Management
Agency,'' in section 701(6); and
(i) striking ``Federal Emergency Management Agency'' in the title of
Part 17 and inserting ``Department of Homeland Security'' in lieu
thereof.
Without prejudice to subsections (a) through (i) of this section,
all responsibilities assigned to specific Federal officials pursuant
[[Page 275]]
to Executive Order 12656 that are substantially the same as any
responsibility assigned to, or function transferred to, the Secretary of
Homeland Security pursuant to the Homeland Security Act of 2002
(regardless of whether such responsibility or function is expressly
required to be carried out through another official of the Department of
Homeland Security or not pursuant to such Act), or intended or required
to be carried out by an agency or an agency component transferred to the
Department of Homeland Security pursuant to such Act, are hereby
reassigned to the Secretary of Homeland Security.
Sec. 43. Executive Order 12580 of January 23, 1987 (``Superfund
Implementation''), as amended, is further amended by:
(a) inserting ``Department of Homeland Security,'' after Department
of Energy,'' in section 1(a)(2); and
(b) striking ``Federal Emergency Management Agency'' in section
1(a)(2).
Sec. 44. Executive Order 12555 of November 15, 1985 (``Protection of
Cultural Property''), as amended, is further amended by:
(a) striking ``the Secretary of the Treasury'' in sections 1, 2, and
3, and inserting ``the Secretary of Homeland Security'' in lieu thereof;
and
(b) striking ``The Department of the Treasury'' in the heading of
section 3 and inserting ``The Department of Homeland Security'' in lieu
thereof.
Sec. 45. Executive Order 12501 of January 28, 1985 (``Arctic
Research''), is amended by:
(a) inserting ``(i) Department of Homeland Security;'' after ``(h)
Department of Health and Human Services;'' in section 8; and
(b) relettering the subsequent subsections in section 8
appropriately.
Sec. 46. Executive Order 12472 of April 3, 1984 (``Assignment of
National Security and Emergency Preparedness Telecommunications
Functions''), is amended by:
(a) inserting ``the Homeland Security Council,'' after ``National
Security Council,'' in sections 1(b), 1(e)(4), 1(f)(3), and 2(c)(4);
(b) striking ``The Secretary of Defense'' in section 1(e) and
inserting ``The Secretary of Homeland Security'' in lieu thereof;
(c) striking ``Federal Emergency Management Agency'' in sections
1(e)(3) and 3(j) and inserting ``Department of Homeland Security'' in
lieu thereof;
(d) inserting ``, in consultation with the Homeland Security
Council,'' after ``National Security Council'' in section 2(b)(1);
(e) inserting ``, the Homeland Security Council,'' after ``National
Security Council'' in sections 2(d) and 2(e);
(f) striking ``the Director of the Federal Emergency Management
Agency'' in section 2(d)(1) and inserting ``the Secretary of Homeland
Security'' in lieu thereof;
(g) striking ``Federal Emergency Management Agency. The Director of
the Federal Emergency Management Agency shall:'' in section 3(b) and
inserting ``Department of Homeland Security. The Secretary of Homeland
Security shall:'' in lieu thereof; and
(h) adding at the end of section 3(d) the following new paragraph:
``(3) Nothing in this order shall be construed to impair or otherwise
affect the authority of the Secretary of Defense with respect to the
Department of Defense, including the chain of command for the armed
forces of the United States under section 162(b) of title 10, United
States Code, and the authority of the Secretary of Defense with respect
to the Department of Defense under section 113(b) of that title.''.
Sec. 47. Executive Order 12382 of September 13, 1982 (``President's
National Security Telecommunications Advisory Committee''), as amended,
is further amended by:
(a) inserting ``through the Secretary of Homeland Security,'' after
``the President,'' in sections 2(a) and 2(b);
(b) striking ``and to the Secretary of Defense'' in section 2(e) and
inserting ``, through the Secretary of Homeland Security,'' in lieu
thereof; and
(c) striking ``the Secretary of Defense'' in sections 3(c) and 4(a)
and inserting ``the Secretary of Homeland Security'' in lieu thereof.
Sec. 48. Executive Order 12341 of January 21, 1982 (``Cuban and
Haitian Entrants''), is amended by:
(a) striking ``The Attorney General'' in section 2 and inserting
``The Secretary of Homeland Security'' in lieu thereof; and
[[Page 276]]
(b) striking ``the Attorney General'' in section 2 and inserting
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 49. Executive Order 12208 of April 15, 1980 (``Consultations on
the Admission of Refugees''), as amended, is further amended by:
(a) striking ``the following functions: (a) To'' in section 1-101
and inserting ``to'' in lieu thereof;
(b) striking ``the Attorney General'' in section 1-101(a) and
inserting ``the Secretary of Homeland Security'' in lieu thereof;
(c) striking sections 1-101(b) and 1-102; and
(d) redesignating sections 1-103 and 1-104 as sections 1-102 and 1-
103, respectively.
Sec. 50. Executive Order 12188 of January 2, 1980 (``International
Trade Functions''), as amended, is further amended by:
(a) inserting ``(12) The Secretary of Homeland Security'' after
``(11) The Secretary of Energy'' in section 1-102(b); and
(b) renumbering the subsequent subsections in section 1-102(b)
appropriately.
Sec. 51. Executive Order 12160 of September 26, 1979 (``Providing
for Enhancement and Coordination of Federal Consumer Programs''), as
amended, is further amended by:
(a) inserting ``(m) Department of Homeland Security.'' after ``(l)
Department of the Treasury.'' in section 1-102;
(b) striking ``(s) Federal Emergency Management Agency.'' in section
1-102; and
(c) relettering the subsequent subsections in section 1-102
appropriately.
Sec. 52. Executive Order 12148 of July 20, 1979 (``Federal Emergency
Management''), as amended, is further amended by:
(a) striking ``the Federal Emergency Management Agency'' whenever it
appears and inserting ``the Department of Homeland Security'' in lieu
thereof; and
(b) striking ``the Director of the Federal Emergency Management
Agency'' wherever it appears and inserting ``the Secretary of Homeland
Security'' in lieu thereof.
Sec. 53. Executive Order 12146 of July 18, 1979 (``Management of
Federal Legal Resources''), as amended, is further amended by:
(a) striking ``15'' in section 1-101 and inserting ``16'' in lieu
thereof;
(b) inserting ``(n) The Department of Homeland Security.'' after
``(m) The Department of the Treasury.'' in section 1-102; and
(c) relettering the subsequent subsections in section 1-102
appropriately.
Sec. 54. Executive Order 12002 of July 7, 1977 (``Administration of
Export Controls''), as amended, is further amended by inserting ``, the
Secretary of Homeland Security,'' after ``The Secretary of Energy'' in
section 3.
Sec. 55. Executive Order 11965 of January 19, 1977 (``Establishing
the Humanitarian Service Medal''), is amended by striking ``the
Secretary of Transportation'' wherever it appears in sections 1, 2, and
4, and inserting ``the Secretary of Homeland Security'' in lieu thereof.
Sec. 56. Executive Order 11926 of July 19, 1976 (``The Vice
Presidential Service Badge''), is amended by striking ``the Secretary of
Transportation'' in section 2 and inserting ``the Secretary of Homeland
Security'' in lieu thereof.
Sec. 57. Executive Order 11858 of May 7, 1975 (``Foreign Investment
in the United States''), as amended, is further amended by:
(a) inserting ``(8) The Secretary of Homeland Security.'' after
``(7) The Attorney General.'' in section 1(a); and
(b) redesignating subsection (8) as subsection (9) in section 1(a).
Sec. 58. Executive Order 11800 of August 17, 1974 (``Delegating
Certain Authority Vested in the President by the Aviation Career
Incentive Act of 1974''), as amended, is further amended by striking
``the Secretary of Transportation'' in section 1 and inserting ``the
Secretary of Homeland Security'' in lieu thereof.
Sec. 59. Executive Order 11645 of February 8, 1972 (``Authority of
the Secretary of Transportation to Prescribe Certain Regulations
Relating to Coast Guard Housing''), is amended by striking ``the
Secretary of Transportation'' in the title and in sections 1 and 2 and
inserting ``the Secretary of Homeland Security'' in lieu thereof.
Sec. 60. Executive Order 11623 of October 12, 1971 (``Delegating to
the Director of Selective Service Authority to Issue Rules
[[Page 277]]
and Regulations under the Military Selective Service Act''), as amended,
is further amended by:
(a) striking ``the Secretary of Transportation'' in section 2(a) and
inserting ``the Secretary of Homeland Security'' in lieu thereof; and
(b) striking ``the Department of Transportation'' in section 2(a)
and inserting ``the Department of Homeland Security'' in lieu thereof.
Sec. 61. Executive Order 11448 of January 16, 1969 (``Establishing
the Meritorious Service Medal''), as amended, is further amended by
striking ``the Secretary of Transportation'' in section 1 and inserting
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 62. Executive Order 11446 of January 16, 1969 (``Authorizing
the Acceptance of Service Medals and Ribbons from Multilateral
Organizations Other Than the United Nations''), is amended by striking
``the Secretary of Transportation'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.
Sec. 63. Executive Order 11438 of December 3, 1968 (``Prescribing
Procedures Governing Interdepartmental Cash Awards to the Members of the
Armed Forces''), as amended, is further amended by:
(a) striking ``the Secretary of Transportation'' in sections 1 and 2
and inserting ``the Secretary of Homeland Security'' in lieu thereof;
and
(b) striking ``the Department of Transportation'' wherever it
appears in sections 2 and 4 and inserting ``the Department of Homeland
Security'' in lieu thereof.
Sec. 64. Executive Order 11366 of August 4, 1967 (``Assigning
Authority to Order Certain Persons in the Ready Reserve to Active
Duty''), is amended by striking ``The Secretary of Transportation'' in
sections 2 and 3(b) and inserting ``The Secretary of Homeland Security''
in lieu thereof.
Sec. 65. Executive Order 11239 of July 31, 1965 (``Enforcement of
the Convention for Safety of Life at Sea, 1960''), as amended, is
further amended, without prejudice to section 1-106 of Executive Order
12234 of September 3, 1980 (``Enforcement of the Convention for the
Safety of Life at Sea''), by:
(a) striking ``the Secretary of Transportation'' in sections 1, 3,
and 4, and inserting ``the Secretary of Homeland Security'' in lieu
thereof; and
(b) striking ``The Secretary of Transportation'' in sections 2 and 3
and inserting ``The Secretary of Homeland Security'' in lieu thereof.
Sec. 66. Executive Order 11231 of July 8, 1965 (``Establishing the
Vietnam Service Medal''), as amended, is further amended by striking
``the Secretary of Transportation'' in section 1 and inserting ``the
Secretary of Homeland Security'' in lieu thereof.
Sec. 67. Executive Order 11190 of December 29, 1964 (``Providing for
the Screening of the Ready Reserve of the Armed Forces''), as amended,
is further amended by striking ``the Secretary of Transportation'' in
section 1 and inserting ``the Secretary of Homeland Security'' in lieu
thereof.
Sec. 68. Executive Order 11139 of January 7, 1964 (``Authorizing
Acceptance of the United Nations Medal and Service Ribbon''), is amended
by striking ``the Secretary of the Treasury'' and inserting ``the
Secretary of Homeland Security'' in lieu thereof.
Sec. 69. Executive Order 11079 of January 25, 1963 (``Providing for
the Prescribing of Regulations under which Members of the Armed Forces
and Others May Accept Fellowships, Scholarships or Grants''), as
amended, is further amended by striking ``the Secretary of
Transportation'' and inserting ``the Secretary of Homeland Security'' in
lieu thereof.
Sec. 70. Executive Order 11046 of August 24, 1962 (``Authorizing
Award of the Bronze Star Medal''), as amended, is further amended by
striking ``the Secretary of Transportation'' in section 1 and inserting
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 71. Executive Order 11016 of April 25, 1962 (``Authorizing
Award of the Purple Heart''), as amended, is further amended by striking
``the Secretary of Transportation'' in sections 1 and 2 and inserting
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 72. Executive Order 10977 of December 4, 1961 (``Establishing
the Armed Forces Expeditionary Medal''), as amended, is further amended
by striking ``the Secretary of Transportation'' in section 2 and
inserting
[[Page 278]]
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 73. Executive Order 10789 of November 14, 1958 (``Authorizing
Agencies of the Government To Exercise Certain Contracting Authority in
Connection With National-Defense Functions and Prescribing Regulations
Governing the Exercise of Such Authority''), as amended, is further
amended by:
(a) striking ``The Federal Emergency Management Agency'' in
paragraph 21 and inserting ``Department of Homeland Security'' in lieu
thereof; and
(b) inserting at the end thereof the following new Part:
``Part III--Coordination with Other Authorities
25. After March 1, 2003, no executive department or agency shall
exercise authority granted under paragraph 1A of this order with respect
to any matter that has been, or could be, designated by the Secretary of
Homeland Security as a qualified anti-terrorism technology as defined in
section 865 of the Homeland Security Act of 2002, unless--
(a) in the case of the Department of Defense, the Secretary of
Defense has, after consideration of the authority provided under
subtitle G of title VIII of the Homeland Security Act of 2002,
determined that the exercise of authority under this order is necessary
for the timely and effective conduct of United States military or
intelligence activities; and
(b) in the case of any other executive department or agency that has
authority under this order, (i) the Secretary of Homeland Security has
advised whether the use of the authority provided under subtitle G of
title VIII of the Homeland Security Act of 2002 would be appropriate,
and (ii) the Director of the Office and Management and Budget has
approved the exercise of authority under this order.''.
Sec. 74. Executive Order 10694 of January 10, 1957 (``Authorizing
the Secretaries of the Army, Navy, and Air Force to Issue Citations in
the Name of the President of the United States to Military and Naval
Units for Outstanding Performance in Action''), is amended by adding at
the end thereof the following new section: ``5. The Secretary of the
Department in which the Coast Guard is operating may exercise the same
authority with respect to the Coast Guard under this order as the
Secretary of the Navy may exercise with respect to the Navy and the
Marine Corps under this order.''.
Sec. 75. Executive Order 10637 of September 16, 1955 (``Delegating
to the Secretary of the Treasury Certain Functions of the President
Relating to the United States Coast Guard''), is amended by:
(a) striking ``The Secretary of the Treasury'' in sections 1 and 2
and inserting ``The Secretary of Homeland Security'' in lieu thereof;
(b) striking ``the Secretary of the Treasury'' in the title and in
subsections 1(j), 1(k), and 5, and inserting ``the Secretary of Homeland
Security'' in lieu thereof; and
(c) striking subsection 1(r) and redesignating subsection 1(s) as
subsection 1(r).
Sec. 76. Executive Order 10631 of August 17, 1955 (``Code of Conduct
for Members of the Armed Forces of the United States''), as amended, is
further amended by: striking ``the Secretary of Transportation'' and
inserting ``the Secretary of Homeland Security'' in lieu thereof.
Sec. 77. Executive Order 10554 of August 18, 1954 (``Delegating the
Authority of the President to Prescribe Regulations Authorizing
Occasions Upon Which the Uniform May Be Worn by Persons Who Have Served
Honorably in the Armed Forces in Time of War''), is amended by striking
``the Secretary of the Treasury'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.
Sec. 78. Executive Order 10499 of November 4, 1953 (``Delegating
Functions Conferred Upon the President by Section 8 of the Uniformed
Services Contingency Option Act of 1953''), as amended, is further
amended by striking ``the Treasury'' in sections 1 and 2 and inserting
``Homeland Security'' in lieu thereof.
Sec. 79. Executive Order 10448 of April 22, 1953 (``Authorizing the
National Defense Medal''), as amended, is further amended by striking
``the Secretary of Transportation'' in sections 1 and 2 and inserting
``the Secretary of Homeland Security'' in lieu thereof.
[[Page 279]]
Sec. 80. Executive Order 10271 of July 7, 1951 (``Delegating the
Authority of the President to Order Members and Units of Reserve
Components of the Armed Forces into Active Federal service''), is
amended by striking ``the Secretary of the Treasury'' and inserting
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 81. Executive Order 10179 of November 8, 1950 (``Establishing
the Korean Service Medal''), as amended, is further amended by striking
``the Secretary of the Treasury'' in sections 1 and 2 and inserting
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 82. Executive Order 10163 of September 25, 1950 (``The Armed
Forces Reserve Medal''), as amended, is further amended by striking
``the Secretary of the Treasury'' in sections 2 and 7 and inserting
``the Secretary of Homeland Security'' in lieu thereof.
Sec. 83. Executive Order 10113 of February 24, 1950 (``Delegating
the Authority of the President to Prescribe Clothing Allowances, and
Cash Allowances in lieu thereof, for Enlisted Men in the Armed
Forces''), as amended, is further amended by striking ``the Secretary of
the Treasury'' in sections 1 and 2 and inserting ``the Secretary of
Homeland Security'' in lieu thereof.
Sec. 84. Executive Order 4601 of March 1, 1927 (``Distinguished
Flying Cross''), as amended, is further amended by:
(a) striking ``The Secretary of War, the Secretary of the Navy,'' in
sections 2 and 12 and inserting ``The Secretary of Defense'' in lieu
thereof; and
(b) striking ``the Secretary of the Treasury'' in sections 2 and 12
and inserting ``the Secretary of Homeland Security'' in lieu thereof.
Sec. 85. Designation as a Defense Agency of the United States.
I hereby designate the Department of Homeland Security as a defense
agency of the United States for the purposes of chapter 17 of title 35
of the United States Code.
Sec. 86. Exception from the Provisions of the Government Employees
Training Act.
Those elements of the Department of Homeland Security that are
supervised by the Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection through the Department's
Assistant Secretary for Information Analysis are, pursuant to section
4102(b)(1) of title 5, United States Code, and in the public interest,
excepted from the following provisions of the Government Employees
Training Act as codified in title 5: sections 4103(a)(1), 4108, 4115,
4117, and 4118, and that part of 4109(a) that provides ``under the
regulations prescribed under section 4118(a)(8) of this title and''.
Sec. 87. Functions of Certain Officials in the Coast Guard.
The Commandant and the Assistant Commandant for Intelligence of the
Coast Guard each shall be considered a ``Senior Official of the
Intelligence Community'' for purposes of Executive Order 12333 of
December 4, 1981, and all other relevant authorities.
Sec. 88. Order of Succession.
Subject to the provisions of subsection (b) of this section, the
officers named in subsection (a) of this section, in the order listed,
shall act as, and perform the functions and duties of, the office of
Secretary of Homeland Security (``Secretary'') during any period in
which the Secretary has died, resigned, or otherwise become unable to
perform the functions and duties of the office of Secretary.
(a) Order of Succession.
(i) Deputy Secretary of Homeland Security;
(ii) Under Secretary for Border and Transportation Security;
(iii) Under Secretary for Emergency Preparedness and Response;
(iv) Under Secretary for Information Analysis and Infrastructure
Protection;
(v) Under Secretary for Management;
(vi) Under Secretary for Science and Technology;
(vii) General Counsel; and
(viii) Assistant Secretaries in the Department in the order of
their date of appointment as such.
(b) Exceptions.
(i) No individual who is serving in an office listed in subsection
(a) in an acting capacity shall act as Secretary pursuant to this
section.
(ii) Notwithstanding the provisions of this section, the President
retains discretion, to
[[Page 280]]
the extent permitted by the Federal Vacancies Reform Act of 1998, 5
U.S.C. 3345 et seq., to depart from this order in designating an acting
Secretary.
Sec. 89. Savings Provision.
Except as otherwise specifically provided above or in Executive
Order 13284 of January 23, 2003 (``Amendment of Executive Orders, and
Other Actions, in Connection With the Establishment of the Department of
Homeland Security''), references in any prior Executive Order relating
to an agency or an agency component that is transferred to the
Department of Homeland Security (``the Department''), or relating to a
function that is transferred to the Secretary of Homeland Security,
shall be deemed to refer, as appropriate, to the Department or its
officers, employees, agents, organizational units, or functions.
Sec. 90. Nothing in this order shall be construed to impair or
otherwise affect the authority of the Secretary of Defense with respect
to the Department of Defense, including the chain of command for the
armed forces of the United States under section 162(b) of title 10,
United States Code, and the authority of the Secretary of Defense with
respect to the Department of Defense under section 113(b) of that title.
Sec. 91. Nothing in this order shall be construed to limit or
restrict the authorities of the Central Intelligence Agency and the
Director of Central Intelligence pursuant to the National Security Act
of 1947 and the CIA Act of 1949.
Sec. 92. This order shall become effective on March 1, 2003.
Sec. 93. This order does not create any right or benefit,
substantive or procedural, enforceable at law or in equity, against the
United States, its departments, agencies, or other entities, its
officers or employees, or any other person.
George W. Bush
The White House,
February 28, 2003.
[Filed with the Office of the Federal Register, 8:45 a.m., March 4,
2003]
Note: This Executive order was published in the Federal Register on
March 5. This item was not received in time for publication in the
appropriate issue.