    [House Prints 111-A]
    [From the U.S. Government Publishing Office]

    111th Congress                                               Committee
    2nd Session                COMMITTEE PRINT                   Print 111-A

    _______________________________________________________________________

                                  COMPILATION
                                       OF
                               HOMELAND SECURITY
                                    RELATED
                                EXECUTIVE ORDERS

                         (E.O. 4601 Through E.O. 13528)
                                  (1927-2009)

                                   __________

                          Prepared for the use of the

                         COMMITTEE ON HOMELAND SECURITY

                                     of the

                            HOUSE OF REPRESENTATIVES

    [GRAPHIC] [TIFF OMITTED] TONGRESS.#13

                                   June 2010

           Compilation of Homeland Security Related Executive Orders

                         (E.O. 4601 Through E.O. 13528)

       111th Congress 2nd
             Session            COMMITTEE PRINT           Committee
                                                         Print 111-A
    _______________________________________________________________________

                                  COMPILATION

                                       of

                               HOMELAND SECURITY
                                    RELATED
                                EXECUTIVE ORDERS

                         (E.O. 4601 Through E.O. 13528)
                                  (1927-2009)

                                   __________

                          Prepared for the use of the

                         COMMITTEE ON HOMELAND SECURITY

                                     of the

                            HOUSE OF REPRESENTATIVES

    [GRAPHIC] [TIFF OMITTED] TONGRESS.#13

                                   June 2010

                         COMMITTEE ON HOMELAND SECURITY

                   Bennie G. Thompson, Mississippi, Chairman
    Loretta Sanchez, California          Peter T. King, New York
    Jane Harman, California              Lamar Smith, Texas
    Peter A. DeFazio, Oregon             Daniel E. Lungren, California
    Eleanor Holmes Norton, District of   Mike Rogers, Alabama
        Columbia                         Michael T. McCaul, Texas
    Zoe Lofgren, California              Charles W. Dent, Pennsylvania
    Sheila Jackson Lee, Texas            Gus M. Bilirakis, Florida
    Henry Cuellar, Texas                 Paul C. Broun, Georgia
    Christopher P. Carney, Pennsylvania  Candice S. Miller, Michigan
    Yvette D. Clarke, New York           Pete Olson, Texas
    Laura Richardson, California         Anh ``Joseph'' Cao, Louisiana
    Ann Kirkpatrick, Arizona             Steve Austria, Ohio
    Bill Pascrell, Jr., New Jersey       Vacancy
    Emanuel Cleaver, Missouri
    Al Green, Texas
    James A. Himes, Connecticut
    Mary Jo Kilroy, Ohio
    Dina Titus, Nevada
    William L. Owens, New York
    Vacancy
    Vacancy

               I. Lanier Avant, Staff Director & General Counsel
                         Rosaline Cohen, Chief Counsel
                        Michael S. Twinchek, Chief Clerk
                    Robert O'Connor, Minority Staff Director

                                 --------------

                                  Prepared by
                        Michael S. Twinchek, Chief Clerk

                                      (II)

                                C O N T E N T S

                   Homeland Security Related Executive Orders

    Calvin Coolidge
         4601    March 1, 1927 (Amended)............................     7

    John F. Kennedy
         10113    Delegating the Authority of the President To
          Prescribe Clothing Allowances, and Cash Allowances in Lieu
          Thereof, for Enlisted Men in the Armed Forces (Amended)....    13
         10163    The Armed Forces Reserve Medal (Amended)..........    15
         10179    Establishing the Korean Service Medal (Amended)...    17
         10271    Delegating Authority of the President To Order
          Members and Units of Reserve Components of Armed Forces
          Into Active Federal Duty (Amended).........................    19
         10448    Establishing the National Defense Service Medal
          (Amended)..................................................    21
         10499    Delegating Functions Conferred Upon the President
          by Section 8 of the Uniformed Services Contingency Option
          Act of 1953 (Amended)......................................    23
         10554    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 (Amended)..................    25
         10631    Code of Conduct for Members of the Armed Forces of
          the United States (Amended)................................    27
         10637    Delegating to the Secretary of Homeland Security
          Certain Functions of the President Relating to the United
          States Coast Guard (Amended)...............................    29
         10694    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 (Amended)................    35
         10789    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 (Amended).......................    37
         10865    Safeguarding Classified Information Within
          Industry (Amended).........................................    43
         10977    Establishing the Armed Forces Expeditionary Medal
          (Amended)..................................................    47
         11016    Authorizing Award of the Purple Heart (Amended)...    49
         11046    Authorizing Award of the Bronze Star Medal
          (Amended)..................................................    51
         11079    Authorizing Award of the Bronze Star Medal
          (Amended)..................................................    53

    Lyndon B. Johnson
         11139    Authorizing Acceptance of the United Nations Medal
          and Service Ribbon (Amended)...............................    57
         11190    Providing for the Screening of the Ready Reserve
          of the Armed Forces (Amended)..............................    59
         11231    Establishing the Vietnam Service Medal (Amended)..    61
         11239    Enforcement of the Convention for Safety of Life
          at Sea, 1960 (Amended).....................................    63
         11366    Assigning Authority to Order Certain Persons in
          the Ready Reserve to Active Duty (Amended).................    65
         11423    Providing for the Performance of Certain Functions
          Heretofore Performed by the President with Respect to
          Certain Facilities Constructed and Maintained on the
          Borders of the United States (Amended).....................    67
         11438    Prescribing Procedures Governing Interdepartmental
          Cash Awards to the Members of the Armed Forces (Amended)...    71
         11446    Authorizing the Acceptance of Service Medals and
          Ribbons from Multilateral Organizations Other Than the
          United Nations (Amended)...................................    73
         11448    Establishing the Meritorious Service Medal
          (Amended)..................................................    75

    Richard M. Nixon
         11623    Delegating to the Director of Selective Service
          Authority to Issue Rules and Regulations Under the Military
          Selective Service Act (Amended)............................    79
         11645    Authority of the Secretary of Homeland Security to
          Prescribe Certain Regulations Relating to Coast Guard
          Housing (Amended)..........................................    81

    Gerald R. Ford
         11858    Foreign Investment in the United States (Amended).    85
         11926    The Vice Presidential Service Badge (Amended).....    91
         11965    Establishing the Humanitarian Service Medal
          (Amended)..................................................    93

    Jimmy Carter
         12002    Administration of the Export Administration Act of
          1969 (Amended).............................................    97
         12127    Federal Emergency Management Agency...............    99
         12139    Exercise of Certain Authority Respecting
          Electronic Surveillance....................................   101
         12146    Management of Federal Legal Resources (Amended)...   105
         12147    Federal Emergency Management Agency...............   109
         12148    Federal Emergency Management (Amended)............   111
         12160    Providing For Enhancement and Coordination of
          Federal Consumer Programs (Amended)........................   121
         12188    International Trade Functions (Amended)...........   127
         12208    Consultations on the Admission of Refugees
          (Amended)..................................................   133
         12260    Agreement on Government Procurement (Amended).....  1135

    Ronald Reagan
         12333    United States Intelligence Activities (Amended)...   141
         12341    Cuban and Haitian Entrants (Amended)..............   167
         12382    President's National Security Telecommunications
          Advisory Committee (Amended)...............................   169
         12472    Assignment of National Security and Emergency
          Preparedness Telecommunications Functions (Amended)........   171
         12501    Arctic Research (Amended).........................   181
         12555    Protection of Cultural Property (Amended).........    85
         12580    Superfund Implementation (Amended)................   189
         12590    National Drug Policy Board (Amended)..............   201
         12656    Assignment of Emergency Preparedness
          Responsibilities (Amended).................................   205
         12657    Department of Homeland Security Assistance in
          Emergency Preparedness Planning at Commercial Nuclear Power
          Plants (Amended)...........................................   233

    George H.W. Bush
         12673    Delegation of Disaster Relief and Emergency
          Assistance Functions.......................................   239
         12699    Seismic Safety of Federal and Federally Assisted
          or Regulated New Building Construction (Amended)...........   241
         12727    Ordering the Selected Reserve of the Armed Forces
          to Active Duty (Amended)...................................   245
         12728    Delegating the President's Authority to Suspend
          any Provision of Law Relating to the Promotion, Retirement,
          or Separation of Members of the Armed Forces (Amended).....   247
         12733    Authorizing the Extension of the Period of Active
          Duty of Personnel of the Selected Reserve of the Armed
          Forces (Amended)...........................................   249
         12742    National Security Industrial Responsiveness
          (Amended)..................................................   251
         12788    Defense Economic Adjustment Program (Amended).....   255
         12789    Delegation of Reporting Functions Under the
          Immigration Reform and Control Act of 1986 (Amended).......   259
         12793    Defense Economic Adjustment Program (Amended).....   261
         12807    Interdiction of Illegal Aliens (Amended)..........   263
         12824    Establishing the Homeland Security Distinguished
          Service Medal (Amended)....................................   267
         12830    Establishing the Military Outstanding Volunteer
          Service Medal (Amended)....................................   269

    William J. Clinton
         12835    Establishment of the National Economic Council
          (Amended)..................................................   273
         12859    Establishment of the Domestic Policy Council
          (Amended)..................................................   275
         12870    Trade Promotion Coordinating Committee (Amended)..   277
         12881    Establishment of the National Science and
          Technology Council (Amended)...............................   281
         12898    Economy and Efficiency in Government Procurement
          Through Compliance with Certain Immigration and Nationality
          Act Provisions and Use of an Electronic Employment
          Eligibility Verification System (Amended)..................   283
         12906    Coordinating Geographic Data Acquisition and
          Access: The National Spatial Data Infrastructure (Amended).   289
         12919    National Defense Industrial Resources Preparedness
          (Amended)..................................................   293
         12941    Seismic Safety of Existing Federally Owned or
          Leased Building............................................   307
         12949    Foreign Intelligence Physical Searches (Amended)..   309
         12977    Interagency Security Committee (Amended)..........   311
         12978    Blocking Assets and Prohibiting Transactions With
          Significant Narcotics Traffickers (Amended)................   315
         12982    Ordering the Selected Reserve of the Armed Forces
          to Active Duty (Amended)...................................   317
         12985    Establishing the Armed Forces Service Medal
          (Amended)..................................................   319
         12989    Economy and Efficiency in Government Procurement
          Through Compliance with Certain Immigration and Nationality
          Act Provisions and Use of an Electronic Employment
          Eligibility Verification System (Amended)..................   321
         12992    President's Drug Policy Council (Amended).........   327
         13048    Improving Administrative Management in the
          Executive Branch (Amended).................................   329
         13076    Ordering the Selected Reserve to Active Duty
          (Amended)..................................................   333
         13100    President's Council on Food Safety (Amended)......   335
         13112    Invasive Species (Amended)........................   337
         13115    Interagency Task Force on the Roles and Missions
          of the United States Coast Guard (Amended).................   343
         13120    Ordering the Selected Reserve and Certain
          Individual Ready Reserve Members of the Armed Forces to
          Active Duty (Amended)......................................   347
         13122    Interagency Task Force on the Economic Development
          of the Southwest Border (Amended)..........................   349
         13133    Working Group on Unlawful Conduct on the Internet
          (Amended)..................................................   353
         13151    Global Disaster Information Network (Amended).....   355
         13154    Establishing the Kosovo Campaign Medal (Amended)..   359
         13165    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 (Amended).........................   361

    George W. Bush
         13212    Actions To Expedite Energy-Related Projects
          (Amended)..................................................   365
         13223    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
          (Amended)..................................................   367
         13224    Blocking Property and Prohibiting Transactions
          With Persons Who Commit, Threaten to Commit, or Support
          Terrorism (Amended)........................................   371
         13228    Establishing the Office of Homeland Security and
          Homeland Security Council (Amended)........................   377
         13231    Critical Infrastructure Protection in the
          Information Age (Amended)..................................   385
         13254    Establishing the USA Freedom Corps (Amended)......   389
         13257    Presidents Interagency Task Force To Monitor and
          Combat Trafficking in Persons (Amended)....................   393
         13267    Establishing a Transition Planning Office for the
          Department of Homeland Security Within the Office of
          Management and Budget......................................   397
         13274    Environmental Stewardship and Transportation
          Infrastructure Project Reviews (Amended)...................   399
         13276    Delegation of Responsibilities Concerning
          Undocumented Aliens Interdicted or Intercepted in the
          Caribbean Region (Amended).................................   403
         13284    Amendment of Executive Orders, and Other Actions,
          in Connection with the Establishment of the Department of
          Homeland Security..........................................   407
         13286    Amendment of Executive Orders, and Other Actions,
          in Connection With the Establishment of the Department of
          Homeland Security..........................................   411
         13311    Homeland Security Information Sharing (Amended)...   433
         13323    Assignment of Functions Relating to Arrivals In
          and Departures From the United States......................   435
         13347    Individuals With Disabilities in Emergency
          Preparedness...............................................   435
         13353    Establishing the President's Board on Safeguarding
          Americans Civil Liberties..................................   439
         13354    National Counterterrorism Center..................   443
         13355    Strengthened Management of the Intelligence
          Community..................................................   449
         13383    Amending Executive Orders 12139 and 12949 in Light
          of Establishment of the Office of Director of National
          Intelligence...............................................   457
         13388    Further Strengthening the Sharing of Terrorism
          Information To Protect Americans...........................   459
         13389    Creation of the Gulf Coast Recovery and Rebuilding
          Council (Amended)..........................................   463
         13390    Establishment of a Coordinator of Federal Support
          for the Recovery and Rebuilding of the Gulf Coast Region
          (Amended)..................................................   467
         13407    Public Alert and Warning System...................   469
         13416    Strengthening Surface Transportation Security.....   473
         13434    National Security Professional Development........   477
         13442    Amending the Order of Succession in the Department
          of Homeland Security.......................................   481
         13462    President's Intelligence Advisory Board and
          Intelligence Oversight Board (Amended).....................   483
         13475    Further Amendments To Executive Orders 12139 And
          12949 In Light of the Foreign Intelligence Surveillance Act
          of 1978 Amendments Act of 2008.............................   489
         13486    Strengthening Laboratory Biosecurity in the United
          States.....................................................   491

    Barack Obama
         13519    Establishment of the Financial Fraud Enforcement
          Task Force.................................................   497
         13526    Classified National Security Information..........   501
         13527    Establishing Federal Capability for the Timely
          Provision of Medical Countermeasures Following a Biological
          Attack.....................................................   533
         13528    Establishment of the Council of Governors.........   535

                                F O R E W A R D

        The Committee would like to thank Vanessa K. Burrows,
    Legislative Attorney, Congressional Research Service for
    preparing a summary included below.

                Brief Summary and Background on Executive Orders

        Executive orders are used by Presidents to achieve policy
    goals, set uniform standards for managing the executive branch,
    or outline a policy view intended to influence the behavior of
    private citizens. The Constitution does not define executive
    orders. The most widely accepted description of an executive
    order appears to be that of the House Government Operations
    Committee in 1957, which defined an executive order as a
    ``directive[] or action[] by the President'' that when
    ``founded on the authority of the President derived from the
    Constitution or statute, . . . may have the force and effect of
    law.'' The committee further stated that ``Executive orders are
    generally directed to, and govern actions by, Government
    officials and agencies. They usually affect private individuals
    only indirectly.''\1\
    ---------------------------------------------------------------------------
        \1\Staff of H. Comm. on Gov't Operations, 85th Cong., 1st Sess.,
    Executive Orders and Proclamations: A Study of a Use of Presidential
    Powers (Comm. Print 1957).
    ---------------------------------------------------------------------------
        Although the Constitution does not explicitly vest the
    President with the authority to issue executive orders, these
    instruments have been employed by Presidents since George
    Washington. Irrespective of the largely implied nature of the
    authority to issue executive orders, Presidents have not
    hesitated to wield this power over a range of often
    controversial subjects, such as the establishment of internment
    camps during WWII, and the use of executive orders to
    effectuate policy or other goals may have significant effects.
    Nevertheless, it is well established that the President may not
    encroach upon the lawmaking powers of the legislative branch
    through the issuance of executive orders.
        The President's authority for the execution and
    implementation of executive orders stems from constitutional
    and statutory authority. In the constitutional context,
    presidential power to issue such orders has been derived from
    Article II of the Constitution, which states that ``the
    executive Power shall be vested in a President of the United
    States,'' that ``the President shall be Commander in Chief of
    the Army and Navy of the United States,'' and that the
    President ``shall take Care that the Laws be faithfully
    executed.''\2\ The President's power to issue executive orders
    may also derive from express or implied statutory authority.\3\
    If based on appropriate authority and published in the Federal
    Register, executive orders may have the force and effect of
    law, requiring courts to take judicial notice of their
    existence.\4\
    ---------------------------------------------------------------------------
        \2\U.S. Const. art. II,  1, 2, and 3. See Executive Orders and
    Proclamations, supra note 1, at 6-12.
        \3\ See Youngstown Sheet and Tube Co. v. Sawyer, 343 U.S. 579
    (1952).
        \4\ Armstrong v. United States, 80 U.S. 154 (1871); see also Farkas
    v. Texas Instrument, Inc., 372 F.2d 629 (5th Cir. 1967); Farmer v.
    Philadelphia Electric Co., 329 F.2d 3 (3d Cir. 1964); Jenkins v.
    Collard, 145 U.S. 546, 560-61 (1893).
        The Federal Register Act requires that executive orders be
    published in the Federal Register. 44 U.S.C.  1505. Furthermore,
    executive orders must comply with preparation, presentation and
    publication requirements established by an executive order issued by
    President Kennedy. See Exec. Order No. 11030, 27 Fed. Reg. 5847 (June
    21, 1962).
    ---------------------------------------------------------------------------
        The general framework for analyzing the validity of an
    executive order in relation to constitutional and congressional
    authority was delineated in Youngstown Sheet & Tube Co. v.
    Sawyer.\5\ In that case, the Supreme Court struck down
    President Truman's executive order directing the seizure of the
    steel mills during the Korean War. Invalidating this action,
    the majority held that under the Constitution, ``the
    President's power to see that laws are faithfully executed
    refutes the idea that he is to be a lawmaker.''\6\
    Specifically, Justice Black maintained that presidential
    authority to issue such an executive order ``must stem either
    from an act of Congress or from the Constitution itself.''\7\
    Applying this reasoning, Justice Black's opinion for the Court
    determined that as no statute or constitutional provision
    authorized such presidential action, the seizure order was in
    essence a legislative act. The Court further noted that
    Congress had rejected seizure as a means to settle labor
    disputes during consideration of the Taft-Hartley Act. Given
    this characterization, the Court deemed the executive order to
    be an unconstitutional violation of the separation of powers
    doctrine, explaining ``the founders of this Nation entrusted
    the lawmaking power to the Congress alone in both good and bad
    times.''\8\
    ---------------------------------------------------------------------------
        \5\ 343 U.S. 579 (1952).
        \6\ Id. at 587.
        \7\ Id. at 585.
        \8\ Id. at 586-89.
    ---------------------------------------------------------------------------
        The concurring opinion of Justice Jackson, which has come
    to be regarded as more influential than the majority opinion,
    set forth three types of circumstances in which presidential
    authority may be asserted.\9\ First, if the President has acted
    according to an express or implied grant of congressional
    authority, presidential ``authority is at its maximum.''\10\
    Second, in situations where Congress has neither granted nor
    denied authority to the President, the President acts in
    reliance only ``upon his own independent powers, but there is a
    zone of twilight in which he and Congress may have concurrent
    authority, or in which its distribution is uncertain.''\11\
    Third, in instances where presidential action is ``incompatible
    with the express or implied will of Congress,'' the power of
    the President is at its minimum, and any such action may be
    supported pursuant only to the President's ``own constitutional
    powers minus any constitutional powers of Congress over the
    matter.''\12\
    ---------------------------------------------------------------------------
        \9\ Id. at 635-38.
        \10\ Id. at 635, 637.
        \11\ Id. at 637.
        \12\ Id.
    ---------------------------------------------------------------------------
        As long as it is not constitutionally based, Congress may
    repeal an executive order, or terminate the underlying
    authority upon which the action is predicated. Congress has
    explicitly revoked executive orders in their entirety;
    nullified, modified, and expanded portions of executive orders;
    and used its appropriations authority to limit the effect of
    executive orders. Additionally, a sitting President may revoke,
    amend, or supersede orders that he or his predecessor
    issued.\13\
    ---------------------------------------------------------------------------
        \13\ For example, the Homeland Security Council (HSC) was first
    established by executive order on October 8, 2001. Exec. Order No.
    13228, 66 Fed. Reg. 51812-17 (Oct. 10, 2001). The location of the HSC
    was not specified in that executive order. Its organization and
    operation were addressed in a Homeland Security Presidential Directive
    on October 29, 2001, HSPD-1. See http://www.dhs.gov/xabout/laws/gc--
    1213648320189.shtm#1. Congress later reconstituted the HSC in Title IX
    of the Homeland Security Act of 2002, placing the HSC within the
    Executive Office of the President. P.L. 107-296; see 6 U.S.C.  491 et
    seq. After the passage of the Homeland Security Act, the role of the
    HSC was addressed in another executive order. Exec. Order 13286, 68
    Fed. Reg. 10627, 10627-28 (Mar. 5, 2003)(amending Executive Order
    12472, which was issued on April 3, 1984).
    ---------------------------------------------------------------------------

    =======================================================================

                           Executive Orders Issued by

                           President Calvin Coolidge

                                  (1923-1929)

                              Executive Order 4601

    =======================================================================

                              Executive Order 4601

                                 March 1, 1927

         (As Amended by EO 7786, EO 7962, EO 9615, EO 10189, EO 13286)

    =======================================================================

    Signed:                              Mar. 1, 1927
    Amends:                              EO 12036, January 24, 1978
    Amended by:                          EO 7786
                                         EO 7962
                                         EO 9615
                                         EO 10189
                                         EO 13286
    Codified:                            Chapter 32, Subchapter B

    =======================================================================

        For the purpose of carrying into effect the provisions of
    Section 12 of the Act of Congress approved July 2, 1926,
    relative to the authorization of a distinguished flying cross,
    the following rules and regulations pertaining to the award of
    the distinguished flying cross are promulgated:
                1. a. Subject to the other special conditions
            prescribed in the law, the following classes of persons
            are eligible for the award of the distinguished flying
            cross:
                                (1) All members of the Army, Navy,
                            Marine Corps, and Coast Guard of the
                            United States, while participating in
                            an aerial flight, as part of the duties
                            incident to such membership;
                                (2) All members of the National
                            Guard not in Federal service, the
                            Organized Reserves, the Officers'
                            Reserve Corps, the Enlisted Reserve
                            Corps, the Naval Reserves and the
                            Marine Corps Reserves, not on active
                            duty, while participating in an aerial
                            flight as part of the duties incident
                            to such membership;
                                (3) Members of the military, naval
                            or air forces of foreign governments
                            while serving with the military or
                            naval forces of the United States and
                            while participating in an aerial
                            flight.
        b. Civilians are not eligible for the award of the
            distinguished flying cross.
                2. The Secretary of Defense, and the Secretary of
            Homeland Security, acting for the President, will make
            the award of the distinguished flying cross to eligible
            persons in their respective departments.
                3. The initial recommendation for the award of the
            decoration may be made by any officer having
            information of the facts.
                4. A recommendation must be based upon the
            statement of a person who has personal knowledge
            concerning the act of heroism or extraordinary
            achievement or who was an eye-witness thereto,
            preferably the immediate commander. Such act or
            achievement must be described specifically and in
            detail. When the recommendation is made by a person who
            was an eye-witness to the act or achievement or who has
            personal knowledge thereof, that fact must be stated.
            When the recommendation is made by a person who was not
            an eye-witness to the act or achievement or who does
            not have personal knowledge thereof, the testimony of
            at least two persons who were eye-witnesses or who have
            personal knowledge thereof, and who so describe
            themselves, must accompany the recommendation. Written
            testimony will be in the form of certificates or
            affidavits.
                5. Each recommendation for the award of the
            decoration will show, in case of the person who is
            being recommended, the exact status of that person at
            the time he displayed the heroism or extraordinary
            achievement upon which the recommendation is based, and
            will contain a specific statement that the entire
            service of that person, since the time he distinguished
            himself, has been honorable.
                6. When a recommendation is supported by an
            official record that fact will be stated, and there
            will be included in the recommendation such information
            as will enable a prompt and certain identification of
            such record.
                7. Each recommendation will be submitted separately
            and forwarded through regular channels with the views
            and recommendations of each commander indorsed thereon.
                8. (a) For any act of heroism or extraordinary
            achievement performed on or before July 2, 1926, the
            Distinguished Flying Cross shall not be awarded after
            July 2, 1929, nor unless the recommendation therefore
            shall have been made on or before July 2, 1928. For any
            such act or achievement performed subsequent to July 2,
            1926, the said decoration shall not be awarded after
            more than three years from the date of such act or
            achievement, nor unless the recommendation therefore
            shall have been made at the time of such act or
            achievement or within two years thereafter: Provided,
            that for any such act or achievement performed between
            December 7, 1941, and September 2, 1945, the said
            decoration may be awarded not later than May 2, 1952,
            in any case in which the written recommendation
            therefore shall have been made on or before May 2,
            1951: And provided further, that for any such act or
            achievement performed during the period commencing
            September 3, 1945, and ending at twelve o'clock noon,
            December 31, 1946, the date of the termination of
            hostilities of World War II, as proclaimed by
            Proclamation No. 2714 of December 31, 1946, the said
            decoration may be awarded in any case in which the
            recommendation therefore shall have been made not later
            than June 30, 1947.
                        (b) In any case in which a recommendation
                    for the award of the Distinguished Flying Cross
                    has been lost and such recommendation is
                    alleged to have been made within the applicable
                    period of time prescribed by subdivision (a) of
                    this paragraph, the certificate of an officer
                    or the affidavit of an enlisted man to the
                    effect that the recommendation was made within
                    such applicable period of time and forwarded
                    through official channels, accompanied by a
                    statement of the substance of the
                    recommendation, or preferably a copy thereof,
                    shall be accepted, and the case considered on
                    its merits.
                9. In case an individual who distinguishes himself
            shall have died before the making of the award to which
            he may be entitled, the award may nevertheless be made
            and the cross, bar, or other device presented to the
            representative of the deceased in the following order:
            widow (provided she has not remarried), eldest son,
            eldest daughter, father, mother, eldest brother, eldest
            sister, eldest grandchild.
                10. Not more than one of the several decorations
            authorized by Federal law will be awarded for the same
            act of heroism or extraordinary achievement.
                11. Whenever the distinguished flying cross, bar,
            or other suitable device shall have been lost,
            destroyed, or rendered unfit for use, without fault or
            neglect on the part of the person to whom it was
            awarded, such cross, bar, or other device shall be
            replaced without charge therefore by the department by
            which the award was made.
                12. The Secretary of Defense, and the Secretary of
            Homeland Security may promulgate, for the service
            pertaining to their respective departments, such
            additional regulations, supplementary to these
            regulations and not in conflict therewith, as they may
            deem proper, and may from time to time alter, modify,
            or rescind such regulations.

    =======================================================================

                           Executive Orders Issued by

                           President John F. Kennedy

                                  (1961-1963)

                          Executive Orders 10113-11079

    =======================================================================

                             Executive Order 10113

        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 by EO 13286)

    =======================================================================

    Signed:                              February 24, 1950
    Federal Register page and date:      15 FR 1065, February 28, 1950
    Amended by:                          EO 12608, September 9, 1987
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the armed forces, it
    is ordered as follows:

    Sec. 1. The Secretary of Defense with respect to enlisted men
    of the Army, the Navy, the Air Force, the Marine Corps, the
    Naval Reserve, the Marine Corps Reserve, the National Guard,
    the Air National Guard, the National Guard of the United
    States, the Air National Guard of the United States, the
    Organized Reserve Corps, and the Air Force Reserve, and the
    Secretary of the Treasury with respect to enlisted men of the
    Coast Guard and the Coast Guard Reserve, are hereby authorized
    and directed, after appropriate consultation with the Director
    of the Office of Management and Budget, to perform the
    functions vested in the President by section 505 of the Career
    Compensation Act of 1949, approved October 12, 1949 (Public Law
    351, 81st Congress), relative to prescribing the quantity and
    kind of clothing which shall be furnished annually to enlisted
    men of the aforesaid services and relative to prescribing the
    amount of the cash allowance to be paid to such enlisted men in
    any case in which clothing is not so furnished to them.

    Sec. 2. The quantity and kind of clothing, and any cash
    allowances in lieu thereof, prescribed by the Secretary of
    Homeland Security hereunder with respect to the Coast Guard and
    the Coast Guard Reserve shall, so far as practicable, be in
    conformity with those prescribed by the Secretary of Defense
    with respect to the Navy and Naval Reserve, respectively.

    Sec. 3. Existing regulations prescribing the quantity and kind
    of clothing furnished, and any cash allowances in lieu thereof,
    shall remain in effect until modified, revoked, or superseded
    by action taken pursuant to this order.

    Sec. 4. The term ``enlisted men'' as used in this order shall
    be deemed to apply to enlisted persons of either sex.

    Sec. 5. This order shall become effective on April 1, 1950, and
    on that date shall supersede Executive Order No. 10049,
    entitled ``Delegating the Authority of the President to
    Prescribe Clothing Allowances, and Cash Allowances in Lieu
    Thereof, to Enlisted Men in the Armed Forces.''

                             Executive Order 10163

                         The Armed Forces Reserve Medal

                  (As amended by EO 10439, EO 13013, EO 13286)

    =======================================================================

    Signed:                               September 25, 1950
    Federal Register page and date:      15 FR 6489, September 27, 1950
    Amended by:                          EO 10439, March 19, 1953
                                         EO 13013, August 6, 1996
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the armed forces of
    the United States, it is hereby ordered as follows:

    Sec. 1. There is hereby established the Armed Forces Reserve
    Medal, with accompanying appurtenances and devices, for award
    to members and former members of the reserve components of the
    armed forces of the United States as hereinafter provided.

    Sec. 2. The Armed Forces Reserve Medal shall be of such design
    as the Secretary of Defense shall approve:
        Provided, That the obverse face of the medal shall be of
    the same design in all cases, and the reverse face shall be
    distinctive in design with respect to each reserve component of
    the armed forces of the United States, including the Coast
    Guard Reserve and the Marine Corps Reserve:
         And provided further, That the reverse face of the medal
    to be awarded to members of the Coast Guard Reserve shall be of
    such design as the Secretary of Homeland Security shall
    approve.

    Sec. 3.3. The Armed Forces Reserve Medal may be awarded to
    members or former members of the reserve components of the
    Armed Forces of the United States who meet one or more of the
    following three criteria.
                a. The member has completed a total of 10 years of
            honorable service in one or more of such reserve
            components, including annual active duty and inactive
            duty training as required by appropriate regulations,
            provided that (1) such 10 years of service was
            performed within a period of 12 consecutive years, (2)
            such service shall not include service in a regular
            component of the armed forces, including the Coast
            Guard, but (A) service in a reserve component that is
            concurrent, in whole or in part, with service in a
            regular component of the armed forces shall be included
            in computing the required 10 years of reserve service,
            and (B) any period of time during which reserve service
            is interrupted by service in a regular component of the
            armed forces shall be excluded in computing, and shall
            not be considered a break in, the said period of 12
            consecutive years, and (3) such service shall not
            include service for which the Naval Reserve Medal or
            the Marine Corps Reserve Medal has been or may be
            awarded.
                b. On or after August 1, 1990, the member was
            called to active duty and served under sections
            12301(a), 12302, 12304, 12406 (formerly sections
            672(a), 673, 673b, 3500, and 8500) and Chapter 15 of
            title 10, United States Code, or, in the case of the
            United States Coast Guard Reserve, section 712 of title
            14, United States Code.
                c. On or after August 1, 1990, the member
            volunteered and served on active duty in support of
            specific U.S. military operations or contingencies
            designated by the Secretary of Defense.4. Not more than
            one Armed Forces Reserve Medal may be awarded to any
            one person. The member shall receive the medal with the
            distinctive design of the reserve component with which
            the person served at the time of award or in which such
            person last served. The medal is awarded with the
            appropriate appurtenance that denotes the manner in
            which the award was earned, either through completion
            of 10 years of service, mobilization, or volunteering
            for, and serving on, active duty in support of
            operations or contingencies designated by the Secretary
            of Defense. For each succeeding mobilization,
            volunteering for, and serving on, active duty in
            support of operations or contingencies, or 10-year
            period of service as above described, and a suitable
            appurtenance may be awarded, to be worn with the medal
            in accordance with appropriate regulations.

    Sec. 5. A member of a Naval or Marine Corps Reserve component
    who is eligible to receive a Naval Reserve or Marine Corps
    Reserve Medal may at his election be awarded, in lieu of such
    medal, the Armed Forces Reserve Medal.

    Sec. 6. The Armed Forces Reserve Medal shall be awarded in lieu
    of the Naval Reserve and the Marine Corps Reserve Medals for
    service performed after twenty years from the dates on which
    such medals were established.

    Sec. 7. Subject to the provisions of this order, the Armed
    Forces Reserve Medal shall be awarded under such regulations as
    the Secretaries of the military departments of the Department
    of Defense and the Secretary of Homeland Security shall
    severally prescribe. Such regulations shall, so far as
    practicable, be of uniform application, and regulations issued
    pursuant to this order by the Secretaries of the military
    departments of the Department of Defense shall be subject to
    the approval of the Secretary of Defense.

                             Executive Order 10179

                     Establishing the Korean Service Medal

                       (As amended by EO 10429, EO 13286)

    =======================================================================

    Signed:                              November 8, 1950
    Federal Register page and date:      15 FR 7665, November 11, 1950
    Amended by:                          EO 10429, January 17, 1953
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the armed forces of
    the United States, it is ordered as follows:

    1. There is hereby established the Korean Service Medal, with
    suitable appurtenances, for award, under such regulations as
    the Secretaries of the Army, Navy, and Air Force and the
    Secretary of Homeland Security may severally prescribe, and
    subject to the provisions of this order, to members of the
    armed forces of the United States who during any period between
    June 27, 1950, inclusive, and a terminal date to be fixed by
    the Secretary of Defense shall have served within the area or
    areas of military operations in the Korean theater.

    2. The regulations prescribed by the Secretaries of the Army,
    Navy, and Air Force pursuant to paragraph 1 hereof shall be
    uniform so far as practicable and shall be approved by the
    Secretary of Defense. The regulations prescribed by the
    Secretary of Homeland Security pursuant to paragraph 1 hereof
    shall, so far as practicable, be uniform with the regulations
    prescribed by the Secretaries of the Army, Navy, and Air Force
    and approved by the Secretary of Defense pursuant to the said
    paragraph.'

    3. The term ``Korean theater'', as used in paragraph 1 hereof,
    shall be defined in the regulations prescribed pursuant to the
    said paragraph.

    4. No person shall be entitled to more than one award of the
    Korean Service Medal.

    5. The Korean Service Medal may be awarded posthumously.

                             Executive Order 10271

          Delegating Authority of the President to Order Members and
        Units of Reserve Components of Armed Forces into Active Federal
                                      Duty

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              July 7, 1951
    Federal Register page and date:      16 FR 6659, July 10, 1951
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by section 10(c) of
    the Universal Military Training and Service Act (62 Stat. 621),
    as amended, and as President of the United States and Commander
    in Chief of the armed forces of the United States, it is
    ordered as follows:

    1. There is hereby delegated to the Secretary of Defense the
    authority vested in the President by section 21 of the
    Universal Military Training and Service Act (64 Stat. 318), as
    amended by the 1951 Amendments to the Universal Military
    Training and Service Act (65 Stat. 87; Public Law 51, 82d
    Congress), to order into the active military or naval service
    of the United States for a period not to exceed twenty-four
    months, with or without their consent, any or all members and
    units of any or all Reserve components of the Armed Forces of
    the United States and retired personnel of the Regular Armed
    Forces: Provided, that so much of the authority of the
    President under the said section 21, as amended, as relates to
    any Reserve component of the United States Coast Guard or to
    retired personnel of the Regular Coast Guard is hereby
    delegated to the Secretary of Homeland Security.

    2. The Secretary of Defense is hereby authorized to
    redelegated, subject to such conditions as the Secretary may
    deem appropriate, to the Secretaries of the Army, Navy, and Air
    Force such functions under this order as affect their
    respective services.

                             Executive Order 10448

                Establishing the National Defense Service Medal

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              April 22, 1953
    Federal Register page and date:      18 FR 2391, April 24, 1953
    Amended by:                          EO 11265, January 11, 1966
                                         EO 11382, November 28, 1967
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the armed forces of
    the United States, it is hereby ordered as follows:

    1. There is hereby established the National Defense Service
    Medal, with suitable appurtenances. Under such regulations as
    the Secretaries of the Army, Navy, and Air Force, or the
    Secretary of Homeland Security with regard to the Coast Guard
    when it is not operating as a service in the Navy, may
    severally prescribe, and subject to the provisions of this
    Order, the National Defense Service Medal shall be awarded to
    members of the Armed Forces of the United States who served
    during any period after June 26, 1950, and before July 28,
    1954, or who served during any period after December 31, 1960,
    which the Secretary of Defense designates as being a period for
    which active military service merits special recognition.

    2. The regulations prescribed by the Secretaries of the Army,
    Navy, and Air Force pursuant to paragraph 1 hereof shall be
    uniform so far as practicable and shall be approved by the
    Secretary of Defense. The regulations prescribed by the
    Secretary of Homeland Security pursuant to paragraph 1 hereof
    shall, so far as practicable, be uniform with the regulations
    prescribed for the other armed forces.

    3. Those persons entitled to wear the National Defense Service
    Medal for service after June 26, 1950, and before July 28,
    1954, or for service during any designated period after
    December 31, 1960, are also entitled to wear a bronze star on
    their National Defense Service Medal ribbon for each additional
    period of active duty designated by the Secretary of Defense
    pursuant to paragraph 1 as being a period for which active
    military service merits special recognition.

    4. The National Defense Service Medal may be awarded
    posthumously.

                             Executive Order 10499

        Delegating Functions Conferred Upon the President by Section 8
            of the Uniformed Services Contingency Option Act of 1953

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              November 4, 1953
    Federal Register page and date:      18 FR 7003, November 6, 1953
    Amended by:                          EO 12608, September 9, 1987
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by section 301 of
    title 3 of the United States Code, and as President of the
    United States, it s ordered as follows:

    SECTION 1. Except as otherwise provided in this order, the
    Secretary of Defense is hereby authorized and empowered to
    perform, without the approval, ratification, or other action of
    the President, the functions vested in the President by section
    8 of the Uniformed Services Contingency Option Act of 1953,
    approved August 8, 1953 (Public Law 239, 83d Congress),
    hereinafter referred to as the Act. The Secretary of Defense,
    after appropriate consultation with the Secretaries of Homeland
    Security, Commerce, and Health, Education, and Welfare, shall
    prepare for each fiscal year a consolidated report on
    operations and financing of the benefits authorized by the Act
    and shall present such report to the President not later than
    four months following the close of the fiscal year, for
    transmittal by the President to the Congress.

    SEC. 2. The Secretary of the Army, the Secretary of the Navy,
    the Secretary of the Air Force, the Secretary of Homeland
    Security, the Secretary of Commerce, and the Secretary of
    Health, Education, and Welfare are hereby severally authorized
    and empowered to perform, without the approval, ratification,
    or other action of the President, the function vested in the
    President by section 8 of the Act of prescribing regulations
    for the administration of the Act; provided that the
    regulations prescribed by any such Secretary shall relate only
    to the Department of which the Secretary is the head.

    SEC. 3. The regulations prescribed by the said Secretaries
    under section 2 of this order shall be subject to the approval
    of the Secretary of Defense; shall be designed to achieve the
    uniform, equitable, and economical administration of the Act;
    shall include uniform tables of actuarial equivalents and
    provision that term insurance values shall be computed by
    uniform methods prescribed by the Board of Actuaries provided
    for in section 8 of the Act; and, to the extent deemed
    necessary, shall include (a) procedures for informing personnel
    of their rights, for submitting elections and claims, and for
    reconsideration of determinations, and (b) definitions of
    terms.

    SEC. 4. Functions under section 8 of the Act with respect to
    the selection of a member of the Board of Actuaries from among
    the membership of the Society of Actuaries and the fixing of
    his compensation are reserved to the President.

    SEC. 5. The meaning of the terms `functions' and `perform' as
    used in this order shall be the same as the meaning of those
    terms as used in chapter 4 of title 3 of the United States
    Code.
        This order shall become effective on November 1, 1953.

                             Executive Order 10554

            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

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              August 18, 1954
    Federal Register page and date:      19 FR 5295, August 20, 1954
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by section 301 of
    title 3 of the United States Code, and as President of the
    United States, it is ordered as follows:
        The authority vested in the President (1) by section 125 of
    the act of June 3, 1916, 39 Stat. 216, as amended by the first
    section of the act of July 6, 1953, 67 Stat. 140, and (2) by
    section 2 of the act of June 21, 1930, 46 Stat. 793, as amended
    by section 2 of said act of July 6, 1953, to prescribe
    regulations authorizing occasions upon which the uniform may be
    worn by persons who have served honorably in the armed forces
    of the United States in time of war is hereby delegated to the
    Secretary of Defense so far as it pertains to the uniforms of
    the Army, Navy, Air Force, and Marine Corps, and to the
    Secretary of Homeland Security so far as it pertains to the
    uniform of the Coast Guard.

                             Executive Order 10631

         Code of Conduct for Members of the Armed Forces of the United
                                     States

             (As amended by EO 11382, EO 12017, EO 12633, EO 13286)

    =======================================================================

    Signed:                              August 17, 1955
    Federal Register page and date:      20 FR 6057, August 20, 1955
    Amended by:                          EO 11382, November 28, 1967
                                         EO 12017, November 3, 1977
                                         EO 12633, March 28, 1988
                                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States, and as Commander in Chief of the armed forces of
    the United States, I hereby prescribe the Code of Conduct for
    Members of the Armed Forces of the United States which is
    attached to this order and hereby made a part thereof.
        All members of the Armed Forces of the United States are
    expected to measure up to the standards embodied in this Code
    of Conduct while in combat or in captivity. To ensure
    achievement of these standards, members of the armed forces
    liable to capture shall be provided with specific training and
    instruction designed to better equip them to counter and
    withstand all enemy efforts against them, and shall be fully
    instructed as to the behavior and obligations expected of them
    during combat or captivity.
        The Secretary of Defense (and the Secretary of Homeland
    Security with respect to the Coast Guard except when it is
    serving as part of the Navy) shall take such action as is
    deemed necessary to implement this order and to disseminate and
    make the said Code known to all members of the armed forces of
    the United States.

    I  LI am an American, fighting in the forces which guard my
    country and our way of life. I am prepared to give my life in
    their defense.

    II    LI will never surrender of my own free will. If in
    command, I will never surrender the members of my command while
    they still have the means to resist.

    III LIf I am captured I will continue to resist by all means
    available. I will make every effort to escape and to aid others
    to escape. I will accept neither parole nor special favors from
    the enemy.

    IV LIf I become a prisoner of war, I will keep faith with my
    fellow prisoners. I will give no information or take part in
    any action which might be harmful to my comrades. If I am
    senior, I will take command. If not, I will obey the lawful
    orders of those appointed over me and will back them up in
    every way.

    V  LWhen questioned, should I become a prisoner of war, I am
    required to give name, rank, service number, and date of birth.
    I will evade answering further questions to the utmost of my
    ability. I will make no oral or written statements disloyal to
    my country and its allies or harmful to their cause.

    VI LI will never forget that I am an American, fighting for
    freedom, responsible for my actions, and dedicated to the
    principles which made my country free. I will trust in my God
    and in the United States of America.

                             Executive Order 10637

           Delegating to the Secretary of Homeland Security Certain
        Functions of the President Relating to the United States Coast
                                     Guard

                            (As Amended by EO 13286)

    =======================================================================

    Signed:                              September 16, 1955
    Federal Register page and date:      20 FR 7025, September 20, 1955
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by section 301 of
    title 3 of the United States Code, section 499 of title 14 of
    the United States Code, and Article 140 of the Uniform Code of
    Military Justice (64 Stat. 145), and as President of the United
    States, it is hereby ordered as follows:

    Section 1.
        The Secretary of Homeland Security is hereby designated and
    empowered to perform the following-described functions without
    the approval, ratification, or other action of the President:
                (a) The authority vested in the President by
            section 149 of title 14 of the United States Code, in
            his discretion, to detail officers and enlisted men of
            the Coast Guard to assist foreign governments in
            matters concerning which the Coast Guard may be of
            assistance.
                (b) The authority vested in the President by
            section 229 of title 14 of the United States Code to
            revoke the commission of any officer on the active list
            of the Coast Guard who, at the date of such revocation,
            has had less than three years of continuous service as
            a commissioned officer in the Coast Guard, and to
            prescribe regulations relating to such revocations.
                (c) The authority vested in the President by
            section 232 of title 14 of the United States Code, in
            his discretion, to retire from active service any
            commissioned officer of the Coast Guard, upon his own
            application, who has completed twenty years of active
            service in the Coast Guard, Navy, Army, Air Force, or
            Marine Corps, or the Reserve Components thereof.
                (d) The authority vested in the President by
            section 235 of title 14 of the United States Code to
            retire, to approve the retirement of, to place out of
            line of promotion, and to approve the placing out of
            line of promotion of, officers of the Coast Guard.
                (e) The authority vested in the President by
            section 492 of title 14 of the United States Code to
            present a distinguished service medal (including
            incidental items) to any person who, while serving in
            any capacity with the Coast Guard, distinguishes
            himself by exceptionally meritorious service to the
            Government in a duty of great responsibility.
                (f) The authority vested in the President by
            section 493 of title 14 of the United States Code to
            present the Coast Guard medal (including incidental
            items) to any person who, while serving in any capacity
            with the Coast Guard, distinguishes himself by heroism
            not involving actual conflict with an enemy.
                (g) The authority vested in the President by
            section 494 of title 14 of the United States Code to
            award emblems, insignia, rosettes, and other devices,
            to the extent that such authority relates to the
            awarding of such items to be worn with the
            distinguished service medal or the Coast Guard medal.
                (h) The authority vested in the President by
            section 498 of title 14 of the United States Code to
            make posthumous awards of decorations and to designate
            representatives to receive such awards, to the extent
            that such authority relates to the awarding of the
            distinguished service medal or the Coast Guard medal,
            or ribbons, emblems, insignia, rosettes, or other
            devices corresponding thereto.
                (i) The authority vested in the President by
            section 499 of title 14 of the United States Code to
            make rules, regulations, and orders to the extent that
            they shall relate to the authority described in
            sections 1(f), 1(g), and 1(h) above.
                (j) The authority vested in the President by the
            first paragraph of section 806 of the act of September
            8, 1916, ch. 463, 39 Stat. 799 (15 U.S.C. 77), to
            direct the detention of any vessel, American or
            foreign, by withholding clearance or by formal notice
            forbidding departure; but such authority shall be
            exercised by the Secretary of Homeland Security only
            upon a finding by the President that there is
            reasonable ground to believe that the vessel concerned
            is making or giving undue or unreasonable preference or
            advantage to any party, or is subjecting any party to
            undue or unreasonable prejudice, disadvantage, injury,
            or discrimination, as described in the said paragraph;
            and the authority so vested to revoke, modify, or renew
            any such direction.
                (k) The authority vested in the President by the
            second paragraph of the said section 806 of the act of
            September 8, 1916, to withhold clearance from one or
            more vessels of a belligerent country or government
            until such belligerent shall restore to American
            vessels and American citizens reciprocal liberty of
            commerce and equal facilities for trade, and the
            authority to direct that similar privileges and
            facilities, if any, enjoyed by vessels and citizens of
            such belligerent in the United States or its
            possessions be refused to vessels or citizens of such
            belligerent; but such authority shall not, in either
            instance, be exercised by the Secretary of Homeland
            Security with respect to any vessel or citizen of such
            belligerent unless and until the President proclaims
            that the belligerent nation concerned is denying
            privileges and facilities to American vessels as
            described in the said paragraph.
                (l) The authority vested in the President by
            section 963(a) of title 18 of the United States Code to
            detain, in accordance with the provisions of such
            section, any armed vessel, or any vessel, domestic or
            foreign (other than one which has entered the ports of
            the United States as a public vessel), which is
            manifestly built for warlike purposes or has been
            converted or adapted from a private vessel to one
            suitable for warlike use, and to determine, in each
            case, whether the proof required by such section is
            satisfactory.
                (m) The authority vested in the President by
            section 967(a) of title 18 of the United States Code,
            during a war in which the United States is a neutral
            nation, to withhold clearance from or to any vessel,
            domestic or foreign, or, by service of formal notice
            upon the owner, master, or person in command or in
            charge of any domestic vessel not required to secure
            clearances, and to forbid its departure from port or
            from the United States, whenever there is reasonable
            cause to believe that such vessel is about to carry
            fuel, arms, ammunition, men, supplies, dispatches, or
            information to any warship, tender, or supply ship of a
            foreign belligerent nation in violation of the laws,
            treaties, or obligations of the United States under the
            law of nations.
                (n) The authority vested in the President by
            section 10(a) of the act of November 4, 1939, ch. 2, 54
            Stat. 9 (22 U.S.C. 450(a)), to require the owner,
            master, or person in command of a vessel to give a bond
            to the United States, as prescribed by the said section
            10(a).
                (o) The authority vested in the President by
            section 10(b) of the act of November 4, 1939, ch. 2, 54
            Stat. 9 (22 U.S.C. 450(b)), to prohibit the departure
            of a vessel from a port of the United States, in
            accordance with the provisions of the said section
            10(b).
                (p) The authority vested in the President by
            section 2 of the act of August 18, 1914, ch. 256, 38
            Stat. 699 (46 U.S.C. 236), to suspend, in his
            discretion, by order, so far and for such length of
            time as he may deem desirable, the provisions of law
            prescribing that all watch officers of vessels of the
            United States registered for foreign trade shall be
            citizens of the United States.
                (q) The authority vested in the President by
            section 2 of the act of October 17, 1940, ch. 896, 54
            Stat. 1201 (46 U.S.C. 643b) to extend, whenever in his
            judgment the national interest requires, the provisions
            of subsection (b) of section 4551, Revised Statutes, as
            amended, to such additional class or classes of vessels
            and to such waters as he may designate.
                (r) The authority vested in the President by
            section 6 of the act of July 24, 1941, ch. 320, 55
            Stat. 604, as amended (34 U.S.C. 350e), to make
            appointments of officers below flag rank without the
            advice and consent of the Senate, to the extent that
            such authority relates, pursuant to section 11(b) of
            the said act, as amended (34 U.S.C. 350j), to officers
            of the United States Coast Guard.

    Sec. 2.
        The Secretary of Homeland Security is hereby designated and
    empowered to perform without the approval, ratification, or
    other action of the President the following described functions
    to the extent that they relate to the United States Coast
    Guard:
                (a) The authority vested in the President by
            Article 4(a) of the Uniform Code of Military Justice
            (section 1 of the act of May 5, 1950, ch. 169, 64 Stat.
            110; 50 U.S.C. 554(a)), to convene a general court-
            martial to try any dismissed officer, upon application
            by the officer concerned for trial by court-martial.
                (b) The authority vested in the President by
            Article 4(c) and 75 of the Uniform Code of Military
            Justice (64 Stat. 110, 132; 50 U.S.C. 554(c), 662), to
            reappoint a discharged officer to such commissioned
            rank and precedence as the former officer would have
            attained had he not been dismissed, and to direct the
            extent to which any such reappointment shall affect the
            promotion status of other officers.
                (c) The authority vested in the President by
            section 10 of the act of May 5, 1950, ch. 169, 64 Stat.
            146 (50 U.S.C. 739), to drop from the rolls any officer
            who has been absent without authority from his place of
            duty for a period of three months or more, or who,
            having been found guilty by the civil authorities of
            any offense, is finally sentenced to confinement in a
            Federal or State penitentiary or correctional
            institution.
                (d) The authority vested in the President by
            section 219 of the Armed Forces Reserve Act, approved
            July 9, 1952 (66 Stat. 487; 50 U.S.C. 943), to make
            appointments of Reserves in commissioned grades below
            flag officer grades.
                (e) The authority vested in the President by
            section 221 of the said Armed Forces Reserve Act (50
            U.S.C. 945) to determine the tenure in office of
            commissioned officers of the reserve.
                (f) The authority vested in the President by
            section 248 of the said Armed Forces Reserve Act (50
            U.S.C. 991), to effect the discharge of commissioned
            officers of the reserve.
                (g) The authority vested in the President by
            section 6 of the act of February 21, 1946, ch. 34, 60
            Stat. 27 (34 U.S.C. 410b), as made applicable to the
            Coast Guard Reserve by section 755(a) of title 14 of
            the United States Code, in his discretion, to place
            upon the retired list any officer of the Coast Guard
            Reserve, upon his own application, who has completed
            more than twenty years of active service as described
            in the said section 6.

    Sec. 3.
        All actions heretofore taken by the President with respect
    to the matters affected by this order and in force at the time
    of issuance of this order, including any regulations prescribed
    or approved by the President with respect to such matters,
    shall, except as they may be inconsistent with the provisions
    of this order, remain in effect until amended, modified, or
    revoked pursuant to the authority conferred by this order.

    Sec. 4.
        As used in this order, the term ``functions'' embraces
    duties, powers, responsibilities, authority, or discretion, and
    the term ``perform'' may be construed to mean ``exercise''.

    Sec. 5.
        Whenever the entire Coast Guard operates as a service in
    the Navy, the references to the Secretary of Homeland Security
    in the introductory portions of sections 1 and 2 of this order
    shall be deemed to be references to the Secretary of the Navy.

                             Executive Order 10694

        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

                            (As Amended by EO 13286)

    =======================================================================

    Signed:                              January 10, 1957
    Federal Register page and date:      22 FR 253, January 12, 1957
    Amended by:                          EO 13286, February 28, 2003
    Supersedes:                          EO 9050, February 6, 1942
                                         EO 9396, November 22, 1943

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the armed forces of
    the United States, it is hereby ordered as follows:

    1. The Secretaries of the Army, the Navy, and the Air Force,
    respectively, are hereby authorized to issue a citation in the
    name of the President of the United States, as public evidence
    of deserved honor and distinction, to any organization,
    detachment, installation, ship, aircraft, or other unit for
    outstanding performance in action on or after October 16, 1941,
    in the case of the Navy or Marine Corps, and on or after
    December 7, 1941, in the case of the Army or the Air Force.
    Such citations may also be issued to units of armed forces of
    cobelligerent nations, serving with the armed forces of the
    United States for outstanding performance in action on or after
    December 7, 1941; provided that such units shall meet the
    standards established for the armed forces of the United
    States.

    2. Appropriate insignia of such form and design as may be
    determined by the Secretary concerned may be displayed by any
    organization, detachment, installation, ship, aircraft, or
    other unit to which such citation is issued.

    3. After any unit is cited pursuant to paragraph 1 hereof for
    outstanding performance in action, a ribbon identifying such
    citation shall be issued and shall become a permanent part of
    the uniform of those persons assigned or attached thereto who
    were actually present and participated in the action for which
    the unit was cited, or in one of the actions if more than one
    action is mentioned in the citation, whether they thereafter
    serve with such unit or with a different unit. Such persons are
    authorized to wear an appropriate additional device for any
    subsequent citation for which they are eligible, made either to
    the same unit or to a unit to which they are subsequently
    assigned. If authorized by the Secretary concerned, persons
    assigned to a unit subsequent to an action for which it was
    cited, may wear the citation ribbon while so assigned.

    4. This order supersedes Executive Orders No. 9050 of February
    6, 1942, and No. 9396 of November 22, 1943.

    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.

                             Executive Order 10789

          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 by EO 11051, EO 11382, EO 11610, EO 12148, EO
                           12919, EO 13232, EO 13286)

    =======================================================================

    Signed:                              November 14, 1958
    Federal Register page and date:      23 FR 8897, November 15, 1958
    Amended by:                          EO 11051, September 27, 1962
                                         EO 11382, November 28, 1967
                                         EO 11610, July 22, 1971
                                         EO 12148, July 20, 1979
                                         EO 12919, June 3, 1994
                                         EO 13232, October 20, 2001
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by the act of
    August 28, 1958, 72 Stat. 972, hereinafter called the act, and
    as President of the United States, 1 and deeming that such
    action will facilitate the national defense, it is hereby
    ordered as follows:

    Part I_Department of Defense
        Under such regulations, which shall be uniform to the
    extent practicable, as may be prescribed or approved by the
    Secretary of Defense:

    1. The Department of Defense is authorized, within the limits
    of the amounts appropriated and the contract authorization
    provided therefore, to enter into contracts and into amendments
    or modifications of contracts heretofore or hereafter made, and
    to make advance payments thereon, without regard to the
    provisions of law relating to the making, performance,
    amendment, or modification of contracts, whenever, in the
    judgment of the Secretary of Defense, the Secretary of the
    Army, the Secretary of the Navy, or the Secretary of the Air
    Force, or the duly authorized representative of any such
    Secretary, the national defense will be facilitated thereby.
            1 A (a) The limitation in paragraph 1 to amounts
            appropriated and the contract authorization provided
            therefore shall not apply to contractual provisions
            which provide that the United States will hold harmless
            and indemnify the contractor against any of the claims
            or losses set forth in subparagraph (b), whether
            resulting from the negligence or wrongful act or
            omission of the contractor or otherwise (except as
            provided in subparagraph (b)(2)). This exception from
            the limitations of paragraph 1 shall apply only to
            claims or losses arising out of or resulting from risks
            that the contract defines as unusually hazardous or
            nuclear in nature. Such a contractual provision shall
            be approved in advance by an official at a level not
            below that of the Secretary of a military department
            and may require each contractor so indemnified to
            provide and maintain financial protection of such type
            and in such amounts as is determined by the approving
            official to be appropriate under the circumstances. In
            deciding whether to approve the use of an
            indemnification provision and in determining the amount
            of financial protection to be provided and maintained
            by the indemnified contractor, the appropriate official
            shall take into account such factors as the
            availability, cost and terms of private insurance,
            self-insurance, other proof of financial responsibility
            and workmen's compensation insurance. Such approval and
            determination, as required by the preceding two
            sentences, shall be final.
                (b)(1) Subparagraph (a) shall apply to claims
            (including reasonable expenses of litigation and
            settlement) or losses, not compensated by insurance or
            otherwise, of the following types:
                                (A) Claims by third persons,
                            including employees of the contractor,
                            for death, personal injury, or loss of,
                            damage to, or loss of use of property;
                                (B) Loss of, damage to, or loss of
                            use of property of the contractor;
                                (C) Loss of, damage to, or loss of
                            use of property of the Government;
                                (D) Claims arising (i) from
                            indemnification agreements between the
                            contractor and a subcontractor or
                            subcontractors, or (ii) from such
                            arrangements and further
                            indemnification arrangements between
                            subcontractors at any tier; provided
                            that all such arrangements were entered
                            into pursuant to regulations prescribed
                            or approved by the Secretaries of
                            Defense, the Army, the Navy, or the Air
                            Force.
                        (2) Indemnification and hold harmless
                    agreements entered into pursuant to this
                    subsection, whether between the United States
                    and a contractor, or between a contractor and a
                    subcontractor, or between two subcontractors,
                    shall not cover claims or losses caused by the
                    willful misconduct or lack of good faith on the
                    part of any of the contractor's or
                    subcontractor's directors or officers or
                    principal officials which are (i) claims by the
                    United States (other than those arising through
                    subrogation) against the contractor or
                    subcontractor, or (ii) losses affecting the
                    property of such contractor or subcontractor.
                    Regulations to be prescribed or approved by the
                    Secretaries of Defense, the Army, the Navy or
                    the Air Force shall define the scope of the
                    term `principal officials'.
                        (3) The United States may discharge its
                    obligation under a provision authorized by
                    subparagraph (a) by making payments directly to
                    subcontractors or to third persons to whom a
                    contractor or subcontractor may be liable.
                (c) A contractual provision made under subparagraph
            (a) that provides for indemnification must also provide
            for_
                        (1) notice to the United States of any
                    claim or action against, or of any loss by, the
                    contractor or subcontractor which is covered by
                    such contractual provision; and
                (2) control or assistance by the United States, at
            its election, in the settlement or defense of any such
            claim or action.

    2. The Secretaries of Defense, the Army, the Navy, and the Air
    Force, respectively, may exercise the authority herein
    conferred and, in their discretion and by their direction, may
    delegate such authority to any other military or civilian
    officers or officials of their respective departments, and may
    confer upon any such military or civilian officers or officials
    the power to make further delegations of such authority within
    their respective commands or organizations: Provided, that the
    authority herein conferred shall not be utilized to obligate
    the United States in an amount in excess of $50,000 without
    approval by an official at or above the level of an Assistant
    Secretary or his Deputy, or by a departmental Contract
    Adjustment Board.

    3. The contracts hereby authorized to be made shall include
    agreements of all kinds (whether in the form of letters of
    intent, purchase orders, or otherwise) for all types and kinds
    of property or services necessary, appropriate, or convenient
    for the national defense, or for the invention, development, or
    production of, or research concerning, any such property or
    services, including, but not limited to, aircraft, missiles,
    buildings, vessels, arms, armament, equipment or supplies of
    any kind, or any portion thereof, including plans, spare parts
    and equipment therefore, materials, supplies, facilities,
    utilities, machinery, machine tools, and any other equipment
    without any restriction of any kind as to type, character,
    location, or form.

    4. The Department of Defense may by agreement modify or amend
    or settle claims under contracts heretofore or hereafter made,
    may make advance payments upon such contracts of any portion of
    the contract price, and may enter into agreements with
    contractors or obligors modifying or releasing accrued
    obligations of any sort, including accrued liquidated damages
    or liability under surety or other bonds. Amendments or
    modifications of contracts may be with or without consideration
    and may be utilized to accomplish the same things as any
    original contract could have accomplished hereunder,
    irrespective of the time or circumstances of the making, or the
    form, of the contract amended or modified, or of the amending
    or modifying contract, and irrespective of rights which may
    have accrued under the contract or the amendments or
    modifications thereof.

    5. Proper records of all actions taken under the authority of
    the act shall be maintained within the Department of Defense.
    The Secretaries of Defense, the Army, the Navy, and the Air
    Force shall make such records available for public inspection
    except to the extent that they, or their duly authorized
    representatives, may respectively deem the disclosure of
    information therein to be detrimental to the national security.

    6. The Department of Defense shall, by March 15 of each year,
    report to the Congress all actions taken within that department
    under the authority of the act during the preceding calendar
    year. With respect to actions which involve actual or potential
    cost to the United States in excess of $50,000, the report
    shall (except as the disclosure of such information may be
    deemed to be detrimental to the national security)_
                (a) name the contractor;
                (b) state the actual cost or estimated potential
            cost involved;
                (c) describe the property or services involved; and
                (d) state further the circumstances justifying the
            action taken.

    7. There shall be no discrimination in any act performed
    hereunder against any person on the ground of race, religion,
    color, or national origin, and all contracts entered into,
    amended, or modified hereunder shall contain such
    nondiscrimination provision as otherwise may be required by
    statute or Executive order.

    8. No claim against the United States arising under any
    purchase or contract made under the authority of the act and
    this order shall be assigned except in accordance with the
    Assignment of Claims Act of 1940 (54 Stat. 1029), as amended.

    9. Advance payments shall be made hereunder only upon obtaining
    adequate security.

    10. Every contract entered into, amended, or modified pursuant
    to this order shall contain a warranty by the contractor in
    substantially the following terms:
            ``The Contractor warrants that no person or selling
            agency has been employed or retained to solicit or
            secure this contract upon an agreement or understanding
            for a commission, percentage, brokerage, or contingent
            fee, except bona-fide employees or bona-fide
            established commercial or selling agencies maintained
            by the Contractor for the purpose of securing business.
            For breach or violation of this warranty the Government
            shall have the right to annul this contract without
            liability or, in its discretion, to deduct from the
            contract price or consideration, or otherwise recover,
            the full amount of such commission, percentage,
            brokerage, or contingent fee.''

    11. Except as provided in the Act of September 27, 1966, 80
    Stat. 850, contracts entered into, amended, or modified
    pursuant to authority of this order shall include a clause to
    the effect that the Comptroller General of the United States or
    any of his duly authorized representatives shall, until the
    expiration of three years after final payment, have access to
    and the right to examine any directly pertinent books,
    documents, papers, and records of the contractor or any of his
    subcontractors engaged in the performance of, and involving
    transactions related to, such contracts or subcontracts. Before
    exercising the authority provided in the Act of September 27,
    1966, 80 Stat. 850, the Secretaries of Defense, the Army, the
    Navy, or the Air Force, or their designees, shall first
    determine that all reasonable efforts have been made to include
    the clause prescribed above and that alternate sources of
    supply are not reasonably available.

    12. Nothing herein contained shall be construed to constitute
    authorization hereunder for_
                (a) the use of the cost-plus-a-percentage-of-cost
            system of contracting;
                (b) any contract in violation of existing law
            relating to limitation of profits or fees;
                (c) the negotiation of purchases of or contracts
            for property or services required by law to be procured
            by formal advertising and competitive bidding;
                (d) the waiver of any bid, payment, performance, or
            other bond required by law;
                (e) the amendment of a contract negotiated under
            section 2304(a)(15) of title 10 of the United States
            Code to increase the contract price to an amount higher
            than the lowest rejected bid of any responsible bidder;
            or
                (f) the formalization of an informal commitment,
            unless the Secretary of Defense, the Secretary of the
            Army, the Secretary of the Navy, or the Secretary of
            the Air Force, or the duly authorized representative of
            any such Secretary, finds that at the time the
            commitment was made it was impracticable to use normal
            procurement procedures.

    13. The provisions of the Walsh-Healey Act (49 Stat. 2036), as
    amended, the Davis-Bacon Act (49 Stat. 1011), as amended, the
    Copeland Act (48 Stat. 948), as amended, and the Eight Hour Law
    (37 Stat. 137), as amended, if otherwise applicable, shall
    apply to contracts made and performed under the authority of
    this order.

    14. Nothing herein contained shall prejudice anything
    heretofore done under Executive Order No. 9001 of December 27,
    1941, or Executive Order No. 10210 of February 2, 1951, or any
    amendments or extensions thereof, or the continuance in force
    of an action heretofore taken under those orders or any
    amendments or extensions thereof.

    15. Nothing herein contained shall prejudice any other
    authority which the Department of Defense may have to enter
    into, amend, or modify contracts, and to make advance payments.

    Part II_Extension of Provisions of Paragraphs 1-14

    21. Subject to the limitations and regulations contained in
    paragraphs 1 to 14, inclusive, hereof, and under any
    regulations prescribed by him in pursuance of the provisions of
    paragraph 22 hereof, the head of each of the following-named
    agencies is authorized to perform or exercise as to his agency,
    independently of any Secretary referred to in the said
    paragraphs 1 to 14, all the functions and authority vested by
    those paragraphs in the Secretaries mentioned therein:
            Department of the Treasury
            Department of the Interior
            Department of Agriculture
            Department of Commerce
            Department of Health and Human Services
            Department of Transportation
            Atomic Energy Commission
            General Services Administration
            National Aeronautics and Space Administration
            Tennessee Valley Authority
            Government Printing Office
            Department of Homeland Security

    22. The head of each agency named in paragraph 21 hereof is
    authorized to prescribe regulations governing the carrying out
    of the functions and authority vested with respect to his
    agency by the provisions of paragraph 21 hereof. Such
    regulations shall, to the extent practicable, be uniform with
    the regulations prescribed or approved by the Secretary of
    Defense under the provisions of Part I of this order.

    23. Nothing contained herein shall prejudice any other
    authority which any agency named in paragraph 21 hereof may
    have to enter into, amend, or modify contracts and to make
    advance payments.

    24. Nothing contained in this Part shall constitute
    authorization thereunder for the amendment of a contract
    negotiated under section 302(c)(14) of the Federal Property and
    Administrative Services Act of 1949 (63 Stat. 394), as amended
    by section 2(b) of the act of August 28, 1958, 72 Stat. 966, to
    increase the contract price to an amount higher than the lowest
    rejected bid of any responsible bidder.

    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.

                             Executive Order 10865

              Safeguarding Classified Information Within Industry

           (As Amended by EO 10909, EO 11382, EO 12038, EO 12829, EO
                                     13284)

    =======================================================================

    Signed:                              February 20, 1960
    Federal Register page and date:      25 FR 1583, February 24, 1960
    Amended by:                          EO 10909, January 17, 1961
                                         EO 11382, November 28, 1967
                                         EO 12038, February 3, 1978
                                         EO 12829, January 6, 1993
                                         EO 13284, January 23, 2003

    =======================================================================

        WHEREAS it is mandatory that the United States protect
    itself against hostile or destructive activities by preventing
    unauthorized disclosures of classified information relating to
    the national defense; and
        WHEREAS it is a fundamental principle of our Government to
    protect the interests of individuals against unreasonable or
    unwarranted encroachment; and
        WHEREAS I find that the provisions and procedures
    prescribed by this order are necessary to assure the
    preservation of the integrity of classified defense information
    and to protect the national interest; and
        WHEREAS I find that those provisions and procedures
    recognize the interest of individuals affected thereby and
    provide maximum possible safeguards to protect such interests:
        NOW, THEREFORE, under and by virtue of the authority vested
    in me by the Constitution and statutes of the United States,
    and as President of the United States and as Commander in Chief
    of the armed forces of the United States, it is hereby ordered
    as follows:

    Section 1. When used in this order, the term `head of a
    department' means the Secretary of State, the Secretary of
    Defense, the Secretary of Transportation, the Secretary of
    Energy, the Nuclear Regulatory Commission, the Administrator of
    the National Aeronautics and Space Administration, and, in
    section 4, the Attorney General. The term `head of a
    department' also means the head of any department or agency,
    including but not limited to those referenced above with whom
    the Department of Defense makes an agreement to extend
    regulations prescribed by the Secretary of Defense concerning
    authorizations for access to classified information pursuant to
    Executive Order No. 12829.

    Sec. 2. An authorization for access to classified information
    pursuant to Executive Order No. 12829 may be granted by the
    head of a department or his designee, including but not limited
    to those officials named in section 8 of this order, to an
    individual, hereinafter termed an ``applicant'', for a specific
    classification category only upon a finding that it is clearly
    consistent with the national interest to do so.

    Sec. 3. Except as provided in section 9 of this order, an
    authorization for access to a specific classification category
    may not be finally denied or revoked pursuant to Executive
    Order No. 12829 by the head of a department or his designee,
    including, but not limited to, those officials named in section
    8 of this order, unless the applicant has been given the
    following:
                (1) A written statement of the reasons why his
            access authorization may be denied or revoked, which
            shall be as comprehensive and detailed as the national
            security permits.
                (2) A reasonable opportunity to reply in writing
            under oath or affirmation to the statement of reasons.
                (3) After he has filed under oath or affirmation a
            written reply to the statement of reasons, the form and
            sufficiency of which may be prescribed by regulations
            issued by the head of the department concerned, an
            opportunity to appear personally before the head of the
            department concerned or his designee, including, but
            not limited to, those officials named in section 8 of
            this order, for the purpose of supporting his
            eligibility for access authorization and to present
            evidence on his behalf.
                (4) A reasonable time to prepare for that
            appearance.
                (5) An opportunity to be represented by counsel.
                (6) An opportunity to cross-examine persons either
            orally or through written interrogatories in accordance
            with section 4 on matters not relating to the
            characterization in the statement of reasons of any
            organization or individual other than the applicant.
                (7) A written notice of the final decision in his
            case which, if adverse, shall specify whether the head
            of the department or his designee, including, but not
            limited to, those officials named in section 8 of this
            order, found for or against him with respect to each
            allegation in the statement of reasons.

    Sec. 4.
                (a) An applicant shall be afforded an opportunity
            to cross-examine persons who have made oral or written
            statements adverse to the applicant relating to a
            controverted issue except that any such statement may
            be received and considered without affording such
            opportunity in the circumstances described in either of
            the following paragraphs:
                        (1) The head of the department supplying
                    the statement certifies that the person who
                    furnished the information is a confidential
                    informant who has been engaged in obtaining
                    intelligence information for the Government and
                    that disclosure of his identity would be
                    substantially harmful to the national interest.
                        (2) The head of the department concerned or
                    his special designee for that particular
                    purpose has preliminarily determined, after
                    considering information furnished by the
                    investigative agency involved as to the
                    reliability of the person and the accuracy of
                    the statement concerned, that the statement
                    concerned appears to be reliable and material,
                    and the head of the department or such special
                    designee has determined that failure to receive
                    and consider such statement would, in view of
                    the level of access sought, be substantially
                    harmful to the national security and that the
                    person who furnished the information cannot
                    appear to testify (A) due to death, severe
                    illness, or similar cause, in which case the
                    identity of the person and the information to
                    be considered shall be made available to the
                    applicant, or (B) due to some other cause
                    determined by the head of the department to be
                    good and sufficient.
                (b) Whenever procedures under paragraphs (1) or (2)
            of subsection (a) of this section are used (1) the
            applicant shall be given a summary of the information
            which shall be as comprehensive and detailed as the
            national security permits, (2) appropriate
            consideration shall be accorded to the fact that the
            applicant did not have an opportunity to cross-examine
            such person or persons, and (3) a final determination
            adverse to the applicant shall be made only by the head
            of the department based upon his personal review of the
            case.

    Sec. 5.
                (a) Records compiled in the regular course of
            business, or other physical evidence other than
            investigative reports, may be received and considered
            subject to rebuttal without authenticating witnesses,
            provided that such information has been furnished to
            the department concerned by an investigative agency
            pursuant to its responsibilities in connection with
            assisting the head of the department concerned to
            safeguard classified information within industry
            pursuant to this order.
                (b) Records compiled in the regular course of
            business, or other physical evidence other than
            investigative reports, relating to a controverted issue
            which, because they are classified, may not be
            inspected by the applicant, may be received and
            considered provided that: (1) the head of the
            department concerned or his special designee for that
            purpose has made a preliminary determination that such
            physical evidence appears to be material, (2) the head
            of the department concerned or such designee has made a
            determination that failure to receive and consider such
            physical evidence would, in view of the level of access
            sought, be substantially harmful to the national
            security, and (3) to the extent that the national
            security permits, a summary or description of such
            physical evidence is made available to the applicant.
            In every such case, information as to the authenticity
            and accuracy of such physical evidence furnished by the
            investigative agency involved shall be considered. In
            such instances a final determination adverse to the
            applicant shall be made only be the head of the
            department based upon his personal review of the case.

    Sec. 6. The head of a department of United State or his
    representative, may issue, in appropriate cases, invitations
    and requests to appear and testify in order that the applicant
    may have the opportunity to cross-examine as provided by this
    order. Whenever a witness is so invited or requested to appear
    and testify at a proceeding and the witness is an officer or
    employee of the executive branch of the Government or a member
    of the armed forces of the United States, and the proceeding
    involves the activity in connection with which the witness is
    employed, travel expenses and per diem are authorized as
    provided by the Standardized Government Travel Regulations or
    the Joint Travel Regulations, as appropriate. In all other
    cases (including non-Government employees as well as officers
    or employees of the executive branch of the Government or
    members of the armed forces of the United States not covered by
    the foregoing sentence), transportation in kind and
    reimbursement for actual expenses are authorized in an amount
    not to exceed the amount payable under Standardized Government
    Travel Regulations. An office or employee of the executive
    branch of the Government or a member of the armed forces of the
    United States who is invited or requested to appear pursuant to
    this paragraph shall be deemed to be in the performance of his
    official duties. So far as the national security permits, the
    head of the investigative agency involved shall cooperate with
    the Secretary, the Administrator, or the head of the other
    department or agency, as the case may be, in identifying
    persons who have made statements adverse to the applicant and
    in assisting him in making them available for cross-
    examination. If a person so invited is an officer or employee
    of the executive branch of the Government or a member of the
    armed forces of the United States, the head of the department
    or agency concerned shall cooperate in making that person
    available for cross-examination.

    Sec. 7. Any determination under this order adverse to an
    applicant shall be a determination in terms of the national
    interest and shall in no sense be a determination as to the
    loyalty of the applicant concerned.

    Sec. 8. Except as otherwise specified in the preceding
    provisions of this order, any authority vested in the head of a
    department by this order may be delegated to the deputy of that
    department, or the principal assistant to the head of that
    department, as the case may be.

    Sec. 9. Nothing contained in this order shall be deemed to
    limit or affect the responsibility and powers of the head of a
    department to deny or revoke access to a specific
    classification category if the security of the nation so
    requires. Such authority may not be delegated and may be
    exercised only when the head of a department determines that
    the procedures prescribed in sections 3, 4, and 5 cannot be
    invoked consistently with the national security and such
    determination shall be conclusive.

                             Executive Order 10977

               Establishing the Armed Forces Expeditionary Medal

                       (As Amended by EO 11382, EO 13286)

    =======================================================================

    Signed:                              December 4, 1961
    Federal Register page and date:      26 FR 11471, December 5, 1961
    Amended by:                          EO 11382, November 28, 1967
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the Armed Forces of
    the United States, it is hereby ordered as follows:

    SECTION 1. There is hereby established the Armed Forces
    Expeditionary Medal, with ribbons and appurtenances, for award
    to personnel of the Armed Forces of the United States who after
    July 1, 1958:
                (a) Participate, or have participated, as members
            of United States military units in a United States
            military operation in which personnel of any military
            department participate, in the opinion of the Joint
            Chiefs of Staff, in significant numbers; and
                (b) Encounter, incident to such participation,
            foreign armed opposition, or are otherwise placed, or
            have been placed, in such position that, in the opinion
            of the Joint Chiefs of Staff, hostile action by foreign
            armed forces was imminent even though it did not
            materialize.

    SEC. 2. The medal, with ribbons and appurtenances, shall be of
    appropriate design approved by the Secretary of' Defense and
    shall be awarded by the Secretary of the military department
    directly concerned, and by the Secretary of Homeland Security
    with respect to the United States Coast Guard, under uniform
    regulations to be issued by the Secretary of Defense.

    SEC. 3. The medal shall be awarded only for operations for
    which no other United States campaign medal is approved. For
    operations in which personnel of only one military department
    participate, the medal shall be awarded only if there is no
    other suitable award available to that department. No more than
    one medal shall be awarded to any one person, but for each
    succeeding operation justifying such award a suitable device
    may be awarded to be worn on the medal or ribbon as prescribed
    by appropriate regulations.

    SEC. 4. The medal may be awarded posthumously and, when so
    awarded, may be presented to such representative of the
    deceased as may be deemed appropriate by the Secretary of the
    department concerned.

                             Executive Order 11016

                     Authorizing Award of the Purple Heart

                  (As Amended by EO 11382, EO 12464, EO 13286)

    =======================================================================

    Signed:                              April 25, 1962
    Federal Register page and date:      27 FR 4139; May 1, 1962
    Amended by:                          EO 11382, November 28, 1967
                                         EO 12464, February 23, 1984
                                         EO 13286, February 28, 2003

    =======================================================================

        WHEREAS General George Washington, at Newburg-on-the-
    Hudson, on August 7,1782, during the War of the Revolution,
    issued an Order establishing the Honorary Badge of Distinction,
    otherwise known as the Badge of Military Merit or Decoration of
    the Purple Heart; and
        WHEREAS the award of that decoration ceased with the
    closing of the War of the Revolution and was revived on
    February 22, 1932, out of respect to the memory and military
    achievements of General George Washington, by War Department
    General Orders No. .3:
        NOW, THEREFORE, by virtue of the authority vested in me as
    President of the United States and as Commander in Chief of the
    armed forces of the United States, it is ordered as follows:

    1. The Secretary of a military department, or the Secretary of
    Homeland Security with regard to the Coast Guard when not
    operating as a service in the Navy, shall, in the name of the
    President of the United States, award the Purple Heart, with
    suitable ribbons and appurtenances, to any member of an armed
    force under the jurisdiction of that department and any
    civilian national of the United States who, while serving under
    competent authority in any capacity with an armed force of that
    department, has been, or may hereafter be, wounded_
                (a) in any action against an enemy of the United
            States;
                (b) in any action with an opposing armed force of a
            foreign country in which the armed forces of the United
            States are or have been engaged;
                (c) while serving with friendly foreign forces
            engaged in an armed conflict against an opposing armed
            force in which the United States is not a belligerent
            party;
                (d) as the result of an act of any such enemy or
            opposing armed force;
                (e) as tile result of an act of any hostile foreign
            force;
                (f) after March 28, 1973, as a result of an
            international terrorist attack against the United
            States or a foreign nation friendly to the United
            States, recognized as such an attack for the purposes
            of this Order by the Secretary of the department
            concerned, or jointly by the Secretaries of the
            departments concerned if persons from more than one
            department are wounded in the attack; or
                (g) after March 28, 1973, as a result of military
            operations, while serving outside the territory of the
            United States as part of a peacekeeping force.

    2. The Secretary of a military department, or the Secretary of
    Homeland Security, shall, in the name of the President of the
    United States, award the Purple Heart, with suitable ribbons
    and appurtenances, posthumously, to any person covered by, and
    under the circumstances described in, _
                (a) paragraphs 1 (a)-(e) who, after April 5, 1917;
            or
                (b) paragraphs i (f)-(g) who, after March 28, 1973,
            has been, or may hereafter be, killed, or who has died
            or may hereafter die after being wounded.

    3. A wound for which the award is made must have required
    treatment by a medical officer.

    4. The Purple Heart shall be forwarded to the next of kin of
    any person entitled to the posthumous award, without respect to
    whether. a previous award has been made to such person, except
    that if the award results from service before December 7, 1941,
    the Purple Heart shall be forwarded to such next of kin upon
    his application therefor to the Secretary of the department
    concerned.

    5. Except as authorized in paragraph 4, not more than one
    Purple Heart shall he awarded to any person, but for each
    subsequent award a Gold Star, or other suitable device, shall
    be awarded to be worn with the Purple Heart as prescribed by
    appropriate regulations to be issued by the Secretary of the
    department concerned.

    6. When authorized by the Secretary of the department
    concerned, while the award of the Purple Heart may be made by
    subordinate military commanders, or such other appropriate
    officers as the Secretary concerned may designate.

    7. The Secretary of the department concerned may prescribe such
    regulations as he considers appropriate to carry out this
    order. The regulations of the Secretaries of the departments
    with respect to the award of the Purple Heart shall, so far as
    practicable, be uniform, and those of the military departments
    shall be subject to the approval of the Secretary of Defense.

    8. This order supersedes Executive Order No. 10409 of November
    12, 1952, entitled ``Award of the Purple Heart to Persons
    Serving with the Navy, Marine Corps, or Coast Guard of the
    United States''. However, existing regulations prescribed
    pursuant to that order, together with regulations prescribed
    under the authority of General Orders No. 3, War Department,
    February 22, 1932, shall, so far as they are not inconsistent
    with this order, remain in effect until modified or revoked by
    regulations prescribed by the Secretary of the department
    concerned under this order.

                             Executive Order 11046

                   Authorizing Award of the Bronze Star Medal

                       (As Amended by EO 11382, EO 13286)

    =======================================================================

    Signed:                              August 24, 1962
    Federal Register page and date:      27 FR 8575; August 28, 1962
    Amended by:                          EO 11382, November 28, 1967
                                         EO 13286, February 28, 2003
    Supersedes:                          EO 9419, February 4, 1944

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the armed forces of
    the United States, it is hereby ordered as follows:

    1. The Bronze Star Medal, with accompanying ribbons and
    appurtenances, which was first established by Executive Order
    No. 9419 of February 4, 1944, may be awarded by the Secretary
    of a military department or the Secretary of Homeland Security
    with regard to the Coast Guard when not operating as a service
    in the Navy, or by such military commanders, or other
    appropriate officers as the Secretary concerned may designated
    to any person who, while serving in any capacity in or with the
    Army, Navy, Marine Corps, Air Force, or Coast Guard of the
    United States, after December 6, 1941, distinguishes, or has
    distinguished, himself by heroic or meritorious achievement or
    service, not involving participation in aerial flight_
                (a) while engaged in an action against an enemy of
            the United States;
                (b) while engaged in military operations involving
            conflict with an opposing foreign force; or
                (c) while serving with friendly foreign forces
            engaged in an armed conflict against an opposing armed
            force in which the United States is not a belligerent
            party.

    2. The Bronze Star Medal and appurtenances thereto shall be of
    appropriate design approved by the Secretary of Defense, and
    shall be awarded under such regulations as the Secretary
    concerned may prescribe. Such regulations shall, so far as
    practicable, be uniform, and those of the military departments
    shall be subject to the approval of the Secretary of Defense.

    3. No more than one Bronze Star Medal shall be awarded to any
    one person, but for each succeeding heroic or meritorious
    achievement or service justifying such an award a suitable
    device may be awarded to be worn with the medal as prescribed
    by appropriate regulations.

    4. The Bronze Star Medal or device may be awarded posthumously
    and, when so awarded, may be presented to such representative
    of the deceased as may be deemed appropriate by the Secretary
    of the department concerned.

    5. This order shall supersede Executive Order No. 9419 of
    February 4, 1944, entitled ``Bronze Star Medal''. However,
    existing regulations prescribed under that order shall, so far
    as they are not inconsistent with this order, remain in effect
    until modified or revoked by regulations prescribed under this
    order by the Secretary of the department concerned.

                             Executive Order 11079

                   Authorizing Award of the Bronze Star Medal

                  (As Amended by EO 11382, EO 12608, EO 13286)

    =======================================================================

    Signed:                              January 25, 1963
    Federal Register page and date:      28 FR 819; January 29, 1963
    Amended by:                          EO 11382, November 28, 1967
                                         EO 12608, September 9, 1987
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by Section 2603 of
    Title 10, United States Code, I hereby designate the Secretary
    of Defense with respect to members of the Army, Navy, Air
    Force, and Marine Corps, the Secretary of Homeland Security,
    with respect to members of the Coast Guard when it is not
    operating as a service in the Navy, and the Secretary of Health
    and Human Services, with respect to commissioned officers of
    the Public Health Service, to prescribe regulations under which
    members of the Armed Forces and commissioned officers of the
    Public Health Service may accept fellowships, scholarships, or
    grants from corporations, funds, foundations, or educational
    institutions organized and operated primarily for scientific,
    literary, or educational purposes. To the extent practicable,
    such regulations shall be uniform.

    =======================================================================

                           Executive Orders Issued by

                          President Lyndon B. Johnson

                                  (1963-1969)

                          Executive Orders 11139-11448

    =======================================================================

                             Executive Order 11139

        Authorizing Acceptance of the United Nations Medal and Service
                                     Ribbon

                  (As Amended by EO 11382, EO 12608, EO 13286)

    =======================================================================

    Signed:                              January 7, 1964
    Federal Register page and date:      29 FR 227; January 9, 1964
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the armed forces of
    the United States, I hereby authorize the Secretary of Defense,
    with respect to members of the Army, Navy, Air Force, and
    Marine Corps, and the Secretary of Homeland Security, with
    respect to members of the Coast Guard when it is not operating
    as a service in the Navy, to prescribe regulations under which
    the United Nations Medal and Service Ribbon may be accepted by
    members of the armed forces who have been determined eligible
    for consideration in accordance with the Regulations for the
    United Nations Medal, promulgated by the United Nations
    Organization on July 30, 1959. A determination that service
    with the United Nations in a particular geographic area or for
    a particular purpose constitutes a justifiable basis for
    authorizing acceptance of the United Nations Medal and Service
    Ribbon by eligible members of the armed forces of the United
    States shall be made with the concurrence of the Secretary of
    State.

                             Executive Order 11190

         Providing for the Screening of the Ready Reserve of the Armed
                                     Forces

                       (As Amended by EO 11382, EO 13286)

    =======================================================================

    Signed:                              December 29, 1964
    Federal Register page and date:      29 FR 19183; December 31, 1964
    Amended by:                          EO 11382, November 28, 1967
                                         EO 13286, February 28, 2003
    Revokes:                             EO 10651, January 6, 1956

    =======================================================================

        By virtue of the authority vested in me by section 301 of
    title 3 of the United States Code, and as President of the
    United States and Commander in Chief of the Armed Forces of the
    United States, it is ordered as follows:

    Section 1. There is delegated to the Secretary of Defense (and
    to the Secretary of Homeland Security with regard to the United
    States Coast Guard) the authority vested in the President by
    section 271 of title 10 of the United States Code to prescribe
    regulations for the screening of units and members of the Ready
    Reserve of the Armed Forces.

    Sec. 2. Executive Order No. 10651 of January 6, 1956, is
    revoked.

                             Executive Order 11231

                     Establishing the Vietnam Service Medal

                       (As Amended by EO 11382, EO 13286)

    =======================================================================

    Signed:                              July 8, 1965
    Federal Register page and date:      30 FR 8665; July 9, 1965
    Amended by:                          EO 11382, November 28, 1967
                                         EO 13286, February 28, 2003

        Terminal date for receiving the medal was set as March 28,
    1973, by the Secretary of Defense in a memo (DOD Instruction
    1348.15) dated January 26, 1973. A soldier serving in Vietnam
    after that date was not eligible for medal

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the armed forces of
    the United States, it is ordered as follows:

    Section 1. There is hereby established the Vietnam Service
    Medal with suitable appurtenances. Except as limited in section
    2 of this order, and under uniform regulations to be prescribed
    by the Secretaries of the military departments and approved by
    the Secretary of Defense, or regulations to be prescribed by
    the Secretary of Homeland Security with respect to the Coast
    Guard when it is not operating as a service in the Navy, the
    Vietnam Service Medal shall be awarded to members of the armed
    forces who serve in Vietnam or contiguous waters or air space,
    as defined by such regulations, after July 3, 1965, and before
    a terminal date to be prescribed by the Secretary of Defense.

    Sec. 2. Notwithstanding section 3 of the Executive Order No.
    10977 of December 4, 1961, establishing the Armed Forces
    Expeditionary Medal, any member who qualified for that medal by
    reason of service in Vietnam between July 1, 1958, and July 4,
    1965, shall remain qualified for that medal. Upon application,
    any such member may be awarded the Vietnam Service Medal in
    lieu of the Armed Forces Expeditionary Medal, but no person may
    be awarded both medals by reason of service in Vietnam and no
    person shall be entitled to more than one award of the Vietnam
    Service Medal.

    Sec. 3. The Vietnam Service Medal may be awarded posthumously.

                             Executive Order 11239

         Enforcement of the Convention for Safety of Life at Sea, 1960

                       (As Amended by EO 11382, EO 13286)

    =======================================================================

    Signed:                              July 31, 1965
    Federal Register page and date:      30 FR 9671; August 4, 1965
    Revokes:                             EO 7548, February 5, 1937
    Supersedes in part:                  EO 10402, October 30, 1952
    Amended by:                          EO 11382, November 28, 1967
                                         EO 13286, February 28, 2003
    Superseded in part by:               EO 12234, September 3, 1980

    =======================================================================

        WHEREAS under Article I of the International Convention for
    Safety of Life at Sea, signed at London on June 17, 1960,
    ratified by the United States of America, and proclaimed by the
    President on March 24, 1965 (TIAS 5780), hereinafter sometimes
    referred to as the Convention, the Government of the United
    States of America, together with the governments of the other
    countries which have become parties to the Convention,
    undertakes to give effect to the provisions of the Convention
    and of the Regulations annexed thereto, to promulgate all laws,
    decrees, orders, and regulations, and to take all other steps
    which may be necessary to give the Convention full and complete
    effect, so as to insure that, from the point of view of safety
    of life, a ship is fit for the service for which it is
    intended; and
        WHEREAS it is expedient and necessary, in order that the
    Government of the United States of America may give full and
    complete effect to the Convention, that several departments and
    agencies of the Executive Branch of the Government perform
    functions and duties thereunder; and
        WHEREAS, in accordance with Article XI thereof, the
    Convention came into force on May 26, 1965:
        NOW, THEREFORE, by virtue of the authority vested in me by
    Section 301 of Title 3 of the United States Code and as
    President of the United States of America, it is ordered as
    follows:

    SECTION 1. The Secretary of State, the Secretary of Homeland
    Security (acting through the Coast Guard), the Secretary of
    Commerce (acting through the Weather Bureau), and the Federal
    Communications Commission, respectively, are hereby directed,
    in relation to the fulfillment of the obligations undertaken by
    the Government of the United States of America under the
    Convention, to perform the functions and duties therein
    prescribed and undertaken which appertain to the functions and
    duties which they severally are now authorized or directed by
    law to perform. Each of the Secretaries and the Commission
    shall cooperate and assist the others in carrying out the
    duties imposed by the Convention and by this order.

    SEC. 2. The Secretary of Homeland Security (acting through the
    Coast Guard), or such other agency as may be authorized by law
    so to do, shall issue certificates as required by the
    Convention, and in any case in which a certificate is to
    include matter which appertains to the functions and duties
    directed or authorized by law to be performed by the head of
    any department or agency other than the head of the issuing
    agency, the head of the issuing agency shall first ascertain
    from the head of the other department or agency his decision
    with respect to such matter, and such decision shall be final
    and binding.

    SEC. 3. In the performance of functions and duties described in
    Sections 1 and 2 of this order, the Secretary of Homeland
    Security (acting through the Coast Guard) may avail himself of
    the services of the American Bureau of Shipping so long as that
    Bureau is operated in compliance with Section 25 of the Act of
    June 5, 1920, as amended (46 U.S.C. 881), and may make all
    necessary provisions for the performance by the Bureau of
    specified duties undertaken under the Convention and to permit
    the Bureau to issue cargo ship safety construction certificates
    to those cargo vessels found to be in compliance with the
    Convention, which are classed by the Bureau. The Secretary of
    the Treasury (acting through the Coast Guard) shall establish
    all necessary regulations required to carry out in the most
    effective manner the provisions of the Convention.

    SEC. 4. Whenever the Coast Guard operates as a service in the
    Navy, the functions to be performed by the Secretary of
    Homeland Security (acting through the Coast Guard) under this
    order shall vest in and be performed by the Secretary of the
    Navy (acting through the Coast Guard).

    SEC. 5.
                (a) This order supersedes Executive Order No. 10402
            of October 30, 1952, entitled `Enforcement of the
            Convention for Safety of Life at Sea, 1948,' to the
            extent that the International Convention for Safety of
            Life at Sea signed at London on June 17, 1960, replaces
            and abrogates the International Convention for Safety
            of Life at Sea signed at London on June 10, 1948.
                (b) Executive Order No. 7548 of February 5, 1937,
            entitled `Enforcement of the Convention for Safety of
            Life at Sea, 1929,' is hereby revoked.

                             Executive Order 11366

           Assigning Authority to Order Certain Persons in the Ready
                             Reserve to Active Duty

                            (As Amended by EO 13286)

    =======================================================================

    Signed:                              August 4, 1967
    Federal Register page and date:      32 FR 11411; August 8, 1967
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by section 673a of
    title 10 of the United States Code, and by section 301 of title
    3 of the United States Code, and as President of the United
    States, it is hereby ordered as follows:

    Section 1.
                (a) The Secretary of Defense is hereby authorized
            and empowered to exercise the authority vested in the
            President by section 673a of title 10 of the United
            States Code, to order to active duty any member of the
            Ready Reserve of an armed force (except the Coast Guard
            when not operating as a service in the Navy) who_
                        (1) is not assigned to, or participating
                    satisfactorily in, a unit of the Ready Reserve;
                        (2) has not fulfilled his statutory reserve
                    obligation; and
                        (3) has not served on active duty for a
                    total of 24 months.
                (b) In pursuance of the provisions of section 673a
            of title 10 of the United States Code, the Secretary of
            Defense is hereby authorized to require a member
            ordered to active duty under the authority of this
            Order to serve on active duty until his total service
            on active duty equals 24 months. If the enlistment or
            period of military service of a member of the Ready
            Reserve ordered to active duty under this authority
            would expire before he has served the required period
            of active duty prescribed herein, his enlistment or
            period of military service may be extended until he has
            served the required period.
                (c) In pursuance of the provisions of section 673a
            of title 10 of the United States Code, and in order to
            achieve fair treatment among members of the Ready
            Reserve who are being considered for active duty under
            this authority, appropriate consideration shall be
            given to_
                        (1) family responsibilities; and
                        (2) employment necessary to maintain the
                    national health, safety, or interest.

    Sec. 2.
        The Secretary of Homeland Security is hereby authorized and
    empowered to exercise the authority vested in the President by
    section 673a of title 10 of the United States Code, with
    respect to any member of the Ready Reserve of the Coast Guard
    when it is not operating as a service in the Navy, under the
    same conditions as such authority may be exercised by the
    Secretary of Defense under this Order with respect to any
    member of the Ready Reserve of any other armed force.

    Sec. 3.
                (a) The Secretary of Defense may designate any of
            the Secretaries of the military departments of the
            Department of Defense to exercise the authority vested
            in him by section 1 of this Order.
                (b) The Secretary of Homeland Security may
            designate the Commandant of the United States Coast
            Guard to exercise the authority vested in him by
            section 2 of this Order.

    Sec. 4.
        Executive Order No. 11327 of February 15, 1967, is
    superseded except with respect to members of the Ready Reserve
    ordered to active duty under the authority of that Order.

                             Executive Order 11423

         Providing for the Performance of Certain Functions Heretofore
         Performed by the President with Respect to Certain Facilities
         Constructed and Maintained on the Borders of the United States

                  (As Amended by EO 12847, EO 13284, EO 13337)

    =======================================================================

    Signed:                              August 16, 1968
    Federal Register page and date:      33 FR 11741; August 20, 1968
    Amended by:                          EO 12847, May 17, 1993
                                         EO 13284, January 23, 2003
                                         EO 13337, April 30, 2004

    =======================================================================

        WHEREAS the proper conduct of the foreign relations of the
    United States requires that executive permission be obtained
    for the construction and maintenance at the borders of the
    United States of facilities connecting the United States with a
    foreign country; and
        WHEREAS such executive permission has from time to time
    been sought and granted in the form of Presidential permits for
    the construction, connection, operation, and maintenance at the
    borders of the United States of such border crossing facilities
    as water supply and oil pipelines, aerial tramways and cable
    cars, submarine cables, and lines for the transmission of
    electric energy; and
        WHEREAS Executive Order No. 10485 of September 3, 1953,
    empowers the Federal Power Commission1 to issue permits for the
    construction, operation, maintenance, or connection, at the
    borders of the United States, of facilities for the
    transmission of electric energy between the United States and a
    foreign country and for the importation or exportation of
    natural gas to or from a foreign country; and
        WHEREAS Executive Order No. 10530 of May 10, 1954, empowers
    the Federal Communications Commission to issue and revoke
    licenses to land submarine cables in the United States; and
        WHEREAS it is desirable to provide a systematic method in
    connection with the issuance of permits for the construction
    and maintenance of other such facilities connecting the United
    States with a foreign country:
        NOW, THEREFORE, by virtue of the authority vested in me as
    President of the United States and Commander in Chief of the
    Armed Forces of the United States and in conformity with the
    provisions of Section 301 of Title 3, United States Code, it is
    ordered as follows:

    Section 1. Except with respect to facilities covered by
    Executive Order Nos. 10485 and 10530, and by section 1(a) of
    the Executive Order of April 30, 2004, entitled ``Issuance of
    Permits with Respect to Certain Energy-Related Facilities and
    Land Transportation Crossings on the International Boundaries
    of the United States'' (the order of April 30, 2004), the
    Secretary of State is hereby designated and empowered to
    receive all applications for Presidential permits for the
    construction, connection, operation, or maintenance, at the
    borders of the United States, of: (i) pipelines, conveyor
    belts, and similar facilities for the exportation or
    importation of all products, except those specified in section
    1(a) of the order of April 30, 2004, to or from a foreign
    country; (ii) facilities for the exportation or importation of
    water or sewage to or from a foreign country; (iii) facilities
    for the transportation of persons or things, or both, to or
    from a foreign country; (iv) bridges, to the extent that
    congressional authorization is not required; (v) similar
    facilities above or below ground; and (vi) border crossings for
    land transportation, including motor and rail vehicles, to or
    from a foreign country, whether or not in conjunction with the
    facilities identified in (iii) above.
                (b) With respect to applications received pursuant
            to subsection (a)(i) above, the Secretary of State
            shall request the views of the Secretary of the
            Treasury, the Secretary of Defense, the Attorney
            General, the Secretary of the Interior, the Secretary
            of Commerce, the Secretary of Transportation, the
            Secretary of Homeland Security, the Interstate Commerce
            Commission, and the Director of the Office of Emergency
            Planning. With respect to applications received
            pursuant to subsection (a)(ii) above, the Secretary of
            State shall request the views of the Secretary of
            Defense and the Secretary of the Interior. With respect
            to applications received pursuant to subsection
            (a)(iii), (iv), (v), or (vi) above, the Secretary of
            State shall request the views of the Secretary of the
            Treasury, the Secretary of Defense, the Attorney
            General, and the Secretary of Transportation.
                (c) The Secretary of State may also consult with
            such other department and agency heads and with such
            state and local government officials as he deems
            appropriate with respect to each application. All
            federal government officials consulted by the Secretary
            of State pursuant to this section shall provide such
            information and render such assistance as he may
            request, consistent with their competence and
            authority.
                (d) If the Secretary of State finds, after
            consideration of the views obtained pursuant to
            subsections (b) and (c), that issuance of a permit to
            the applicant would serve the national interest, he
            shall prepare a permit, in such form and with such
            terms and conditions as the national interest may in
            his judgment require, and shall notify the officials
            required to be consulted under subsection (b) above of
            his proposed determination that the permit be issued.
                (e) If the Secretary of State finds, after
            considerations of the views obtained pursuant to
            subsections (b) and (c), that issuance of a permit to
            the applicant would not serve the national interest, he
            shall notify the officials required to be consulted
            under subsection (b) above of his proposed
            determination that the application be denied.
                (f) The Secretary of State shall issue or deny the
            permit in accordance with his proposed determination
            unless, within fifteen days after notification pursuant
            to subsection (d) or (e) above, an official required to
            be consulted under subsection (b) above shall notify
            the Secretary of State that he disagrees with the
            Secretary's proposed determination and requests the
            Secretary to refer the application to the President. In
            the event of such a request, the Secretary of State
            shall refer the application, together with statements
            of the views of the several officials involved, to the
            President for his consideration and final decision.

    Sec. 2.
                (a) The Secretary of State may provide for the
            publication in the Federal Register of notice of
            receipt of applications, for the receipt of public
            comments on applications, and for publication in the
            Federal Register of notice of issuance or denial of
            applications.
                (b) The Secretary of State is authorized to issue
            such further rules and regulations, and to prescribe
            such further procedures, as he may from time to time
            deem necessary or desirable for the exercise of the
            authority conferred upon him by this order.

    Sec. 3. The authority of the Secretary of State hereunder is
    supplemental to, and does not supersede, existing authorities
    or delegations relating to importation, exportation,
    transmission, or transportation to or from a foreign country.
    All permits heretofore issued with respect to matters described
    in Section 1 of this order, and in force at the time of
    issuance of this order, and all permits issued hereunder, shall
    remain in effect in accordance with their terms unless and
    until modified, amended, suspended, or revoked by the President
    or, upon compliance with the procedures provided for in this
    order, by the Secretary of State.

                             Executive Order 11438

        Prescribing Procedures Governing Interdepartmental Cash Awards
                       to the Members of the Armed Forces

                       (As Amended by EO 12107, EO 13286)

    =======================================================================

    Signed:                              December 3, 1968
    Federal Register page and date:      33 FR 18085; December 5, 1968
    Amended by:                          EO 12107, December 28, 1978
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by section 1124(b)
    and (e) of title 10, United States Code, and section 301 of
    title 3, United States Code, and as President of the United
    States, it is ordered as follows:

    Section 1. Any suggestion, invention, or scientific achievement
    by a member of the armed forces that contributes to the
    efficiency, economy, or other improvement of operations of the
    Government of the United States through its adoption or use by
    an executive department or agency other than the executive
    department having jurisdiction over the armed force of the
    member concerned may be the basis for honorary recognition or a
    cash award by the Secretary of Homeland Security in the case of
    a member of the Coast Guard when it is not operating as a
    service in the Navy or by the Secretary of Defense in the case
    of any other member of the armed forces.

    Sec. 2. An executive department or agency that adopts or uses
    the suggestion, invention, or scientific achievement of a
    member of the armed forces who is not under its jurisdiction
    may recommend to the Department of Defense or to the Department
    of Homeland Security, as appropriate, a cash award or honorary
    recognition of the member and shall justify its recommendation
    with appropriate documentation and explanation of how the
    suggestion, invention, or scientific achievement contributes to
    the efficiency, economy, or other improvement of the operations
    of the Government of the United States. Awards shall be made
    under regulations to be prescribed by the Secretary of Defense
    or the Secretary of Homeland Security, as appropriate. The
    regulations of the Department of Defense and Department of
    Homeland Security may include designations of officials to whom
    authority for receiving, evaluating, and making awards may be
    assigned.

    Sec. 3. No cash awards hereunder for a single suggestion,
    invention, or scientific achievement may exceed $25,000
    regardless of the number of agencies or departments which may
    adopt or use the suggestion, invention, or scientific
    achievement.

    Sec. 4. Funds to cover the costs of cash awards to members of
    the armed forces shall be transferred from the account of any
    executive department or agency which recommends the award to
    the appropriate account of the Department of Homeland Security
    or the Department of Defense, as the case may be. When several
    executive departments or agencies benefit from the adoption or
    use of the suggestion, invention, or scientific achievement,
    the amount transferred from each such benefiting department or
    agency to the Department of Homeland Security or the Department
    of Defense to cover the proportionate share of the cost of the
    cash award shall be determined under procedures prescribed by
    the Office of Personnel Management in accordance with the same
    guidelines and standards applying to awards to civilian
    employees.

                             Executive Order 11446

         Authorizing the Acceptance of Service Medals and Ribbons from
            Multilateral Organizations Other than the United Nations

                            (As Amended by EO 13286)

    =======================================================================

    Signed:                              January 16, 1969
    Federal Register page and date:      34 FR 803; January 18, 1969
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the Armed Forces of
    the United States, I hereby authorize the Secretary of Defense,
    with respect to members of the Army, Navy, Air Force, and
    Marine Corps, and the Secretary of Homeland Security, with
    respect to members of the Coast Guard when it is not operating
    as a service in the Navy, to prescribe regulations for the
    acceptance of medals and ribbons which are offered by
    multilateral organizations, other than the United Nations, to
    members of the Armed Forces of the United States in recognition
    of service conducted under the auspices of those organizations.
    A determination that service for a multilateral organization in
    a particular geographical area or for a particular purpose
    constitutes a justifiable basis for authorizing acceptance of
    the medal or ribbon offered to eligible members of the Armed
    Forces of the United States shall be made with the concurrence
    of the Secretary of State.

                             Executive Order 11448

                   Establishing the Meritorious Service Medal

                       (As Amended by EO 12312, EO 13286)

    =======================================================================

    Signed:                              January 16, 1969
    Federal Register page and date:      34 FR 915; January 22, 1969
    Amended by:                          EO 12312, July 2, 1981
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States and as Commander in Chief of the Armed Forces of
    the United States, it is ordered as follows:

    Section 1. There is hereby established a Meritorious Service
    Medal, with accompanying ribbons and appurtenances, for award
    by the Secretary of a military department or the Secretary of
    Homeland Security with regard to the Coast Guard when not
    operating as a service in the Navy, or by such military
    commanders or other appropriate officers as the Secretary
    concerned may designate, to any member of the armed forces of
    the United States, or to any member of the armed forces of a
    friendly foreign nation, who has distinguished himself by
    outstanding meritorious achievement or service.

    Sec. 2. The Meritorious Service Medal and appurtenances thereto
    shall be of appropriate design approved by the Secretary of
    Defense, and shall be awarded under such regulations as the
    Secretary concerned may prescribe. Such regulations shall, so
    far as practicable, be uniform, and those of the military
    departments shall be subject to the approval of the Secretary
    of Defense.

    Sec. 3. No more than one Meritorious Service Medal shall be
    awarded to any one person, but for each succeeding outstanding
    meritorious achievement or service justifying such an award a
    suitable device may be awarded to be worn with the medal as
    prescribed by appropriate regulations.

    Sec. 4. The Meritorious Service Medal or device may be awarded
    posthumously and, when so awarded, may be presented to such
    representative of the deceased as may be deemed appropriate by
    the Secretary of the department concerned.

    =======================================================================

                           Executive Orders Issued by

                           President Richard M. Nixon

                                  (1969-1974)

                          Executive Orders 11623-11645

    =======================================================================

                             Executive Order 11623

         Delegating to the Director of Selective Service Authority to
           Issue Rules and Regulations Under the Military Selective
                                  Service Act

                       (As Amended by EO 12608, EO 13286)

    =======================================================================

    Signed:                              October 12, 1971
    Federal Register page and date:      36 FR 19963; October 14, 1971
    Amended by:                          EO 12608, September 9, 1987
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by the Constitution
    and statutes of the United States, including the Military
    Selective Service Act, as amended (50 U.S. Code App., sections
    451 et seq., hereinafter referred to as the Act), and section
    301 of title 3 of the United States Code, it is hereby ordered
    as follows:

    Section 1. The Director of Selective Service (hereinafter
    referred to as the Director) is authorized to prescribe the
    necessary rules and regulations to carry out the provisions of
    the Act. Regulations heretofore issued by the President to
    carry out such provisions shall continue in effect until
    amended or revoked by the Director pursuant to the authority
    conferred by this Order.

    Sec. 2.
                (a) In carrying out the provisions of this Order,
            the Director shall cause any rule or regulation which
            he proposes to issue hereunder to be published in the
            Federal Register as required by section 13(b) of the
            Act. Prior to such publication, the Director shall
            request the views of the Secretary of Defense, the
            Attorney General, the Secretary of Labor, the Secretary
            of Health and Human Services, the Secretary of Homeland
            Security (when the Coast Guard is serving under the
            Department of Transportation), the Director of the
            Office of Emergency Preparedness, and the Chairman of
            the National Selective Service Appeal Board with regard
            to such proposed rule or regulation, and shall allow
            not less than 10 days for the submission of such views
            before publication of the proposed rule or regulation.
                (b) Any proposed rule or regulation as published by
            the Director shall be furnished to the officials
            required to be consulted pursuant to subsection (a).
            The Director may (not less than 30 days after
            publication in the Federal Register) issue such rule or
            regulation as published unless, within 10 days after
            being furnished with the proposed rule or regulation as
            published, any such official shall notify the Director
            that he disagrees therewith and requests that the
            matter be referred to the President for decision.
                (c) Any rule or regulation issued by the Director
            pursuant to this Order shall be published in the
            Federal Register with (1) a statement reciting
            compliance with the prepublication requirement of
            section 13(b) of the Act, and (2) either (i) approval
            of such rule or regulation by the President, or (ii) a
            certification of the Director that he has requested the
            views of the officials required to be consulted
            pursuant to subsection (a) and that none of them has
            timely requested that the matter be referred to the
            President for decision. Such rule or regulation shall
            be effective upon such publication in the Federal
            Register or on such later date as may be specified
            therein.

    Sec. 3. Nothing in this Order shall be deemed to (i) authorize
    the exercise by the Director of the President's authority to
    waive the requirements of section 13(b) of the Act, or (ii)
    derogate from the authority of the President himself to waive
    the requirements of such section 13(b), or (iii) derogate from
    the authority of the President himself to issue such rules or
    regulations as he may deem necessary to carry out the
    provisions of the Act.

                             Executive Order 11645

         Authority of the Secretary of Homeland Security to Prescribe
              Certain Regulations Relating to Coast Guard Housing

                            (As Amended by EO 13286)

    =======================================================================

    Signed:                              February 8, 1972
    Federal Register page and date:      37 FR 2923; February 10, 1972
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by section 301 of
    title 3 of the United States Code, and as President of the
    United States, it is hereby ordered as follows:

    Section 1. The Secretary of Homeland Security is designated and
    empowered to prescribe (or, under a delegation of the
    Secretary's authority, the Commandant of the Coast Guard is
    authorized to prescribe) regulations pursuant to section 475(c)
    of title 14 of the United States Code, relating to the
    designation and leasing of rental housing, without the
    approval, ratification, or other action by the President.

    Sec. 2. Whenever the entire Coast Guard operates as a service
    in the Navy, the reference to the Secretary of Homeland
    Security in section 1 of this order shall be deemed to be a
    reference to the Secretary of the Navy.

    =======================================================================

                           Executive Orders Issued by

                            President Gerald R. Ford

                                  (1974-1977)

                          Executive Orders 11858-11965

    =======================================================================

                             Executive Order 11858

                    Foreign Investment in the United States

           (As Amended by EO 12188, EO 12661, EO 12860, EO 13286, EO
                                     13456)

    =======================================================================

    Signed:                              May 7, 1975
    Federal Register page and date:      40 FR 20263; May 9, 1975
    Amended by:                          EO 12188, January 2, 1980
                                         EO 12661, December 27, 1988
                                         EO 12860, September 3, 1993
                                         EO 13286, February 28, 2003
                                         EO 13456, January 23, 2008

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 721 of the Defense Production Act of 1950, as
    amended (50 U.S.C. App. 2170), and section 301 of title 3,
    United States Code, it is hereby ordered as follows:

    Section 1. Policy. International investment in the United
    States promotes economic growth, productivity, competitiveness,
    and job creation. It is the policy of the United States to
    support unequivocally such investment, consistent with the
    protection of the national security.

    Sec. 2. Definitions. (a) The ``Act'' as used in this order
    means section 721 of the Defense Production Act of 1950, as
    amended.
                (b) Terms used in this order that are defined in
            subsection 721(a) of the Act shall have the same
            meaning in this order as they have in such subsection.
                (c) ``Risk mitigation measure'' as used in this
            order means any provision of a risk mitigation
            agreement or a condition to which section 7 of this
            order refers.

    Sec. 3. Establishment. (a) There is hereby established the
    Committee on Foreign Investment in the United States (the
    ``Committee'') as provided in the Act.
                (b) In addition to the members specified in the
            Act, the following heads of departments, agencies, or
            offices shall be members of the Committee:
                        (i) The United States Trade Representative;
                        (ii) The Director of the Office of Science
                    and Technology Policy; and
                        (iii) The heads of any other executive
                    department, agency, or office, as the President
                    or the Secretary of the Treasury determines
                    appropriate, on a case-by-case basis.
                (c) The following officials (or their designees)
            shall observe and, as appropriate, participate in and
            report to the President on the Committee's activities:
                        (i) The Director of the Office of
                    Management and Budget;
                        (ii) The Chairman of the Council of
                    Economic Advisers;
                        (iii) The Assistant to the President for
                    National Security Affairs;
                        (iv) The Assistant to the President for
                    Economic Policy; and
                        (v) The Assistant to the President for
                    Homeland Security and Counterterrorism.

    Sec. 4. Duties of the Secretary of the Treasury.
                (a) The functions of the President under
            subsections (b)(1)(A) (relating to review and
            consideration after notification), (b)(1)(D) (relating
            to unilateral initiation of review and consideration),
            and (m)(3)(A) (relating to inclusion in annual report
            and designation) of the Act are assigned to the
            Secretary of the Treasury.
                (b) The Secretary of the Treasury shall perform the
            function of issuance of regulations under section
            721(h) of the Act. The Secretary shall consult the
            Committee with respect to such regulations prior to any
            notice and comment and prior to their issuance.
                (c) Except as otherwise provided in the Act or this
            order, the chairperson shall have the authority,
            exclusive of the heads of departments or agencies,
            after consultation with the Committee:
                        (i) to act, or authorize others to act, on
                    behalf of the Committee; and
                        (ii) to communicate on behalf of the
                    Committee with the Congress and the public.
                (d) The chairperson shall coordinate the
            preparation of and transmit the annual report to the
            Congress provided for in the Act and may assign to any
            member of the Committee, as the chairperson determines
            appropriate and consistent with the Act, responsibility
            for conducting studies and providing analyses necessary
            for the preparation of the report.
                (e) After consultation with the Committee, the
            chairperson may request that the Director of National
            Intelligence begin preparing the analysis required by
            the Act at any time, including prior to acceptance of
            the notice of a transaction, in accordance with
            otherwise applicable law. The Director of National
            Intelligence shall provide the Director's analysis as
            soon as possible and consistent with section 721(b)(4)
            of the Act.

    Sec. 5. Lead Agency.
                (a) The lead agency or agencies (``lead agency'')
            shall have primary responsibility, on behalf of the
            Committee, for the specific activity for which the
            Secretary of the Treasury designates it a lead agency.
                (b) In acting on behalf of the Committee, the lead
            agency shall keep the Committee fully informed of its
            activities. In addition, the lead agency shall notify
            the chairperson of any material action that the lead
            agency proposes to take on behalf of the Committee,
            sufficiently in advance to allow adequate time for the
            chairperson to consult the Committee and provide the
            Committee's direction to the lead agency not to take,
            or to amend, such action.

    Sec. 6. Reviews and Investigations.
                (a) Any member of the Committee may conduct its own
            inquiry with respect to the potential national security
            risk posed by a transaction, but communication with the
            parties to a transaction shall occur through or in the
            presence of the lead agency, or the chairperson if no
            lead agency has been designated.
                (b) The Committee shall undertake an investigation
            of a transaction in any case, in addition to the
            circumstances described in the Act, in which following
            a review a member of the Committee advises the
            chairperson that the member believes that the
            transaction threatens to impair the national security
            of the United States and that the threat has not been
            mitigated.
                (c) The Committee shall send a report to the
            President requesting the President's decision with
            respect to a review or investigation of a transaction
            in the following circumstances:
                        (i) the Committee recommends that the
                    President suspend or prohibit the transaction;
                        (ii) the Committee is unable to reach a
                    decision on whether to recommend that the
                    President suspend or prohibit the transaction;
                    or
                        (iii) the Committee requests that the
                    President make a determination with regard to
                    the transaction.
                (d) Upon completion of a review or investigation of
            a transaction, the lead agency shall prepare for the
            approval of the chairperson the appropriate certified
            notice or report to the Congress called for under the
            Act. The chairperson shall transmit such notice or
            report to the Congress, as appropriate.

    Sec. 7. Risk Mitigation.
                (a) The Committee, or any lead agency acting on
            behalf of the Committee, may seek to mitigate any
            national security risk posed by a transaction that is
            not adequately addressed by other provisions of law by
            entering into a mitigation agreement with the parties
            to a transaction or by imposing conditions on such
            parties.
                (b) Prior to the Committee or a department or
            agency proposing risk mitigation measures to the
            parties to a transaction, the department or agency
            seeking to propose any such measure shall prepare and
            provide to the Committee a written statement that: (1)
            identifies the national security risk posed by the
            transaction based on factors including the threat
            (taking into account the Director of National
            Intelligence's threat analysis), vulnerabilities, and
            potential consequences; and (2) sets forth the risk
            mitigation measures the department or agency believes
            are reasonably necessary to address the risk. If the
            Committee agrees that mitigation is appropriate and
            approves the risk mitigation measures, the lead agency
            shall seek to negotiate such measures with the parties
            to the transaction.
                (c) A risk mitigation measure shall not, except in
            extraordinary circumstances, require that a party to a
            transaction recognize, state its intent to comply with,
            or consent to the exercise of any authorities under
            existing provisions of law.
                (d) The lead agency designated for the purpose of
            monitoring a risk mitigation measure shall seek to
            ensure that adequate resources are available for such
            monitoring. When designating a lead agency for those
            purposes, the Secretary of the Treasury shall consider
            the agency's views on the adequacy of its resources for
            such purposes.
                (e)(i) Nothing in this order shall be construed to
            limit the ability of a department or agency, in the
            exercise of authorities other than those provided under
            the Act, to:
                                (A) conduct inquiries with respect
                            to a transaction;
                                (B) communicate with the parties to
                            a transaction; or
                                (C) negotiate, enter into, impose,
                            or enforce contractual provisions with
                            the parties to a transaction.
                        (ii) A department or agency shall not
                    condition actions or the exercise of
                    authorities to which paragraph (i) of this
                    subsection refers upon the exercise, or
                    forbearance in the exercise, of its authority
                    under the Act or this order, and no authority
                    under the Act shall be available for the
                    enforcement of such actions or authorities.
                (f) The Committee may initiate a review of a
            transaction that has previously been reviewed by the
            Committee only in the extraordinary circumstances
            provided in the Act.

    Sec. 8. Additional Assignments to the Committee.
        In addition to the functions assigned to the Committee by
    the Act, the Committee shall review the implementation of the
    Act and this order and report thereon from time to time to the
    President, together with such recommendations for policy,
    administrative, or legislative proposals as the Committee
    determines appropriate.

    Sec. 9. Duties of the Secretary of Commerce.
        The Secretary of Commerce shall:
                (a) obtain, consolidate, and analyze information on
            foreign investment in the United States;
                (b) monitor and, where necessary, improve
            procedures for the collection and dissemination of
            information on foreign investment in the United States;
                (c) prepare for the public, the President or heads
            of departments or agencies, as appropriate, reports,
            analyses of trends, and analyses of significant
            developments in appropriate categories of foreign
            investment in the United States; and
                (d) compile and evaluate data on significant
            transactions involving foreign investment in the United
            States.

    Sec. 10. General Provisions.
                (a) The heads of departments and agencies shall
            provide, as appropriate and to the extent permitted by
            law, such information and assistance as the Committee
            may request to implement the Act and this order.
                (b) Nothing in this order shall be construed to
            impair or otherwise affect:
                        (i) authority granted by law to a
                    department or agency or the head thereof;
                        (ii) functions of the Director of the
                    Office of Management and Budget relating to
                    budget, administrative, or legislative
                    proposals; or
                        (iii) existing mitigation agreements.
                (c) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations.
                (d) Officers of the United States with authority or
            duties under the Act or this order shall ensure that,
            in carrying out the Act and this order, the actions of
            departments, agencies, and the Committee are consistent
            with the President's constitutional authority to:
                        (i) conduct the foreign affairs of the
                    United States;
                        (ii) withhold information the disclosure of
                    which could impair the foreign relations, the
                    national security, the deliberative processes
                    of the Executive, or the performance of the
                    Executive's constitutional duties;
                        (iii) recommend for congressional
                    consideration such measures as the President
                    may judge necessary and expedient; and
                        (iv) supervise the unitary executive
                    branch.

    Sec. 11. Revocation.
        Section 801 of Executive Order 12919 of June 3, 1994, is
    revoked.

                             Executive Order 11926

                      The Vice Presidential Service Badge

                       (As Amended by EO 13286, EO 13373)

    =======================================================================

    Signed:                              July 19, 1976
    Federal Register page and date:      41 FR 29805; July 20, 1976
    Amended by:                          EO 13286, February 28, 2003
                                         EO 13373, March 10, 2005

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States of America, and as Commander in Chief of the
    Armed Forces of the United States, it is hereby ordered as
    follows:

    Section 1. There is established a Vice Presidential Service
    Badge to be awarded in the name of the Vice President of the
    United States of America to members of the Army, Navy, Marine
    Corps, Air Force, and Coast Guard, commissioned corps of the
    National Oceanic and Atmospheric Administration, and
    commissioned corps of the Public Health Service who have been
    assigned to duty in the Office of the Vice President for a
    period of at least one year subsequent to December 19, 1974, or
    who have been assigned to perform duties predominantly for the
    Vice President for a period of at least one year subsequent to
    January 20, 2001, in the implementation of Public Law 93-346,
    as amended, or in military units and support facilities to
    which section 1 of Executive Order 12793 of March 20, 1992, as
    amended, refers.

    Sec. 2. The Vice Presidential Service Badge may be awarded,
    upon recommendation of the Vice President's designee (with the
    concurrence of the Director of the White House Military Office
    in the case of personnel in military units or support
    facilities to which section 1 of Executive Order 12793, as
    amended, refers), by the Secretary of the Army, the Secretary
    of the Navy, the Secretary of the Air Force, or, when the Coast
    Guard is not operating as a service in the Navy, the Secretary
    of Homeland Security, to military personnel of their respective
    services who have been assigned to duty in the Office of the
    Vice President and, in the case of members of the commissioned
    corps of the National Oceanic and Atmospheric Administration or
    the commissioned corps of the Public Health Service so
    assigned, by the Secretary of Commerce or the Secretary of
    Health and Human Services, respectively.

    Sec. 3. The Vice Presidential Service Badge shall be
    accompanied by a certificate, the design of which is attached
    hereto and is made a part of this Order. The Vice Presidential
    Service Badge shall consist of a white enameled disc surrounded
    by 27 gold rays radiating from the center, 1 15 / 16 inches in
    diameter overall. Superimposed on the white disc shall be a
    gold color device taken from the seal of the Vice President of
    the United States. The overall design of the badge shall be as
    shown at the top of the certificate which accompanies the Badge
    and which is attached to this Order.

    Sec. 4. Upon award, the Vice Presidential Service Badge may be
    worn as a part of the uniform of an individual both during and
    after his assignment to duty in the Office of the Vice
    President.

    Sec. 5. Only one Vice Presidential Service Badge shall be
    awarded to an individual. It may be awarded posthumously.

    Sec. 6. Notwithstanding the provisions of Sections 1 and 2 of
    this Order, any member of the Army, Navy, Air Force, Marine
    Corps, and Coast Guard, commissioned corps of the National
    Oceanic and Atmospheric Administration, and commissioned corps
    of the Public Health Service,, who has been assigned to duty in
    the Office of the Vice President, is authorized, unless
    otherwise directed by the Director of the White House Military
    Office in the case of personnel in military units or support
    facilities to which section 1 of Executive Order 12793, as
    amended, refers, to wear the Vice Presidential Service Badge on
    his or her uniform commencing on the first day of such duty and
    thereafter while assigned to such duty.

    Sec. 7. Executive Order No. 11544 of July 8, 1970, is hereby
    superseded; however, individuals previously awarded a Vice
    Presidential Service Badge under that Order are authorized to
    continue to wear such badge as part of their uniform.

                             Executive Order 11965

                  Establishing the Humanitarian Service Medal

                            (As Amended by EO 13286)

    =======================================================================

    Signed:                              January 19, 1977
    Federal Register page and date:      42 FR 4329; January 24, 1977
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President of the
    United States of America, and as Commander in Chief of the
    Armed Forces, it is hereby ordered as follows:

    Section 1. There is hereby established a Humanitarian Service
    Medal with accompanying ribbons and appurtenances for award by
    the Secretary of Defense or the Secretary of Homeland Security
    with regard to the Coast Guard when not operating as a Service
    in the Navy. Individuals eligible for the medal are members of
    the Armed Forces of the United States (including Reserve
    Components) who, subsequent to April 1, 1975, distinguished
    themselves by meritorious participation in a military act or
    operation of a humanitarian nature. The Secretary of Defense
    and the Secretary of Homeland Security for the Coast Guard will
    determine types of acts or operations that warrant award of the
    medal.

    Sec. 2. The Humanitarian Service Medal and ribbons and
    appurtenances thereto shall be of appropriate design approved
    by the Secretary of Defense and shall be awarded by the
    Secretary of Defense and the Secretary of Homeland Security for
    the Coast Guard under uniform regulations, as prescribed by the
    Secretary of Defense. The regulations shall place the
    Humanitarian Service Medal in an order of precedence
    immediately after the Vietnam Service Medal.

    Sec. 3. No more than one Humanitarian Service Medal shall be
    awarded to any one person, but for each subsequent
    participation in a humanitarian act or operation justifying
    such an award, a suitable device may be awarded to be worn with
    that medal as prescribed by appropriate regulations of the
    Military Departments.

    Sec. 4. The Humanitarian Service Medal or device may be awarded
    posthumously, and when so awarded, may be presented to such
    representative of the deceased as may be deemed appropriate by
    the Secretary of Defense or the Secretary of Homeland Security.

    =======================================================================

                           Executive Orders Issued by

                             President Jimmy Carter

                                  (1977-1981)

                          Executive Orders 12002-12260

    =======================================================================

                             Executive Order 12002

          Administration of the Export Administration Act of 1969, as
                                    Amended

                       (As Amended by EO 12755, EO 13286)

    =======================================================================

    Signed:                              July 7, 1977
    Federal Register page and date:      42 FR 35623; July 11, 1977
    Amended by:                          EO 12755, March 12, 1991
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me by the Constitution
    and statutes of the United States of America, including the
    Export Administration Act of 1969, as amended (50 U.S.C. App.
    2401, et seq.), and as President of the United States of
    America, it is hereby ordered as follows:

    SECTION 1. Except as provided in Section 2, the power,
    authority, and discretion conferred upon the President by the
    provisions of the Export Administration Act of 1969, as amended
    (50 U.S.C. App. 2401, et seq.), hereinafter referred to as the
    Act, are delegated to the Secretary, of Commerce, with the
    power of successive redelegation.

    SEC. 2. (a) The power, authority and discretion conferred upon
    the President in Sections 4(h) and 4(1) of the Act are retained
    by the President.
                (b) The power, authority and discretion conferred
            upon the President in Section 3(8) of the Act, which
            directs that every reasonable effort be made to secure
            the removal or reduction of assistance by foreign
            countries to international terrorists through
            cooperation and agreement, are delegated to the
            Secretary of State, with the power of successive
            redelegation.

    SEC. 3. The Export Administration Review Board, hereinafter
    referred to as the Board, which was established by Executive
    Order No. 11533 of June 4, 1970, as amended, is hereby
    continued. The Board shall continue to have as its members, the
    Secretary of Commerce, who shall be Chairman of the Board, the
    Secretary of State, and the Secretary of Defense. The Secretary
    of Energy, the Secretary of Homeland Security, and the Director
    of the United States Arms Control and Disarmament Agency shall
    be members of the Board, and shall participate in meetings that
    consider issues involving nonproliferation of armaments and
    other issues within their respective statutory and policy-
    making authorities. The Chairman of the Joint Chiefs of Staff
    and the Director of Central Intelligence shall be non-voting
    members of the Board. No alternate Board members shall be
    designated, but the acting head or deputy head of any
    department or agency may serve in lieu of the head of the
    concerned department or agency. The Board may invite the heads
    of other United States Government departments or agencies,
    other than the agencies represented by the Board members, to
    participate in the activities of the Board when matters of
    interest to such departments or agencies are under
    consideration.

    SEC. 4. The Secretary of Commerce may from time to time refer
    to the Board such particular export license matters, involving
    questions of national security or other major policy issues, as
    the Secretary shall select. The Secretary of Commerce shall
    also refer to the Board any other such export license matter,
    upon the request of any other member of the Board or of the
    head of any other United States Government department or agency
    having any interest in such matter. The Board shall consider
    the matters so referred to it, giving due consideration to the
    foreign policy of the United States, the national security,
    concerns about the nonproliferation of armaments, and the
    domestic economy, and shall make recommendation thereon to the
    Secretary of Commerce.

    SEC. 5. The President may at any time (a) prescribe rules and
    regulations applicable to the power, authority, and discretion
    referred to in this Order, and (b) communicate to the Secretary
    of Commerce such specific directives applicable thereto as the
    President shall determine. The Secretary of Commerce shall from
    time to time report to the President upon the administration of
    the Act and, as the Secretary deems necessary, may refer to the
    President recommendations made by the Board under Section 4 of
    this Order. Neither the provisions of this section nor those of
    Section 4 shall be construed as limiting the provisions of
    Section 1 of this Order.

    SEC. 6. All delegations, rules, regulations, orders, licenses,
    and other forms of administrative action made, issued, or
    otherwise taken under, or continued in existence by, the
    Executive orders revoked in Section 7 of this Order, and not
    revoked administratively or legislatively, shall remain in full
    force and effect under this Order until amended, modified, or
    terminated by proper authority. The revocations in Section 7 of
    this Order shall not affect any violation of any rules,
    regulations, orders, licenses or other forms of administrative
    action under those Orders during the period those Orders were
    in effect.

    SEC. 7. Executive Order No. 11533 of June 4, 1970, Executive
    Order No. 11683 of August 29, 1972, Executive Order No. 11798
    of August 14, 1974, Executive Order No. 11818 of November 5,
    1974, Executive Order No. 11907 of March 1, 1976, and Executive
    Order No. 11940 of September 30, 1976 are hereby revoked.

                             Executive Order 12127

                      Federal Emergency Management Agency

    =======================================================================

    Signed:                              March 31, 1979
    Federal Register page and date:      44 FR 19367; April 3, 1979

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including Section 304 of Reorganization Plan No. 3 of 1978, and
    in order to provide for the orderly activation of the Federal
    Emergency Management Agency, it is hereby ordered as follows:

    1-101. Reorganization Plan No. 3 of 1978 (43 FR 41943), which
    establishes the Federal Emergency Management Agency, provides
    for the transfer of functions, and the transfer and abolition
    of agencies and offices, is hereby effective.

    1-102. The Director of the Office of Management and Budget
    shall, in accord with Section 302 of the Reorganization Plan,
    provide for all the appropriate transfers, including those
    transfers related to all the functions transferred from the
    Department of Commerce, the Department of Housing and Urban
    Development, and the President.

    1-103. (a) The functions transferred from the Department of
    Commerce are those vested in the Secretary of Commerce, the
    Administrator and Deputy Administrator of the National Fire
    Prevention and Control Administration (now the United States
    Fire Administration (Sec. 2(a) of Public Law 95-422)), and the
    Superintendent of the National Academy for Fire Prevention and
    Control pursuant to the Federal Fire Prevention and Control Act
    of 1974, as amended (15 U.S.C. 2201 et seq.), but not including
    any functions vested by the amendments made to other acts by
    Sections 18 and 23 of that Act (15 U.S.C. 278f and 1511). The
    functions vested in the Administrator by Sections 24 and 25 of
    that Act, as added by Sections 3 and 4 of Public Law 95-422 (15
    U.S.C. 2220 and 2221), are not transferred to the Director of
    the Federal Emergency Management Agency. Those functions are
    transferred with the Administrator and remain vested in him.
    (Section 201 of the Plan.)
                (b) There was also transferred from the Department
            of Commerce any function concerning the Emergency
            Broadcast System which was transferred to the Secretary
            of Commerce by Section 5B of Reorganization Plan No. 1
            of 1977 (42 FR 56101; implemented by Executive Order
            No. 12046 of March 27, 1978). (Section 203 of the
            Plan.)

    1-104. The functions transferred from the Department of Housing
    and Urban Development are those vested in the Secretary of
    Housing and Urban Development pursuant to Section 15(e) of the
    Federal Flood Insurance Act of 1956, as amended (42 U.S.C.
    2414(e)), and the National Flood Insurance Act of 1968, as
    amended, and the Flood Disaster Protection Act of 1973, as
    amended (42 U.S.C. 4001 et seq.), and Section 520(b) of the
    National Housing Act, as amended (12 U.S.C. 1735d(b)), to the
    extent necessary to borrow from the Treasury to make payments
    for reinsured and directly insured losses, and Title XII of the
    National Housing Act, as amended (12 U.S.C. 1749bbb et seq.,
    and as explained in Section 1 of the National Insurance
    Development Act of 1975 (Section 1 of Public Law 94-13 at 12
    U.S.C. 1749bbb note)). (Section 202 of the Plan.)

    1-105. The functions transferred from the President are those
    concerning the Emergency Broadcast System which were
    transferred to the President by Section 5 of Reorganization
    Plan No. 1 of 1977 (42 FR 56101; implemented by Executive Order
    No. 12046 of March 27, 1978). (Section 203 of the Plan.)

    1-106. This Order shall be effective Sunday, April 1, 1979.

                             Executive Order 12139

              Exercise of Certain Authority Respecting Electronic
                                  Surveillance

                       (As amended by EO 13383, EO 13475)

    =======================================================================

    Signed:                              May 23, 1979
    Federal Register page and date:      44 FR 30311; May 25, 1979
    Amends:                              EO 12036, January 24, 1978
    Amended by:                          EO 12333, December 4, 1981
                                         EO 13383, July 15, 2005
                                         EO 13475, October 7, 2008

    =======================================================================

        By the authority vested in me as President by Sections 102
    and 104 of the Foreign Intelligence Surveillance Act of 1978
    (50 U.S.C. 1802 and 1804), in order to provide as set forth in
    that Act for the authorization of electronic surveillance for
    foreign intelligence purposes, it is hereby ordered as follows:

    Section 1-101. Pursuant to Section 102(a)(1) of the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 (a)), the
    Attorney General is authorized to approve electronic
    surveillance to acquire foreign intelligence information
    without a court order, but only if the Attorney General makes
    the certifications required by that Section.

    Section 1-102. Pursuant to Section 102(b) of the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 (b)), the
    Attorney General is authorized to approve applications to the
    court having jurisdiction under Section 103 of that Act (50
    U.S.C. 1803) to obtain orders for electronic surveillance for
    the purpose of obtaining foreign intelligence information.

    Section 1-103. Pursuant to Section 104(a)(6) of the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1804 (a)(6)),
    the following officials, each of whom is employed in the area
    of national security or defense, is designated to make the
    certifications required by Section 104(a)(6) of the Act in
    support of applications to conduct electronic surveillance:
                (a) Secretary of State;
                (b) Secretary of Defense;
                (c) Director of Central Intelligence;
                (d) Director of the Federal Bureau of
            Investigation;
                (e) Deputy Secretary of State;
                (f) Deputy Secretary of Defense;
                (g) Deputy Director of National Intelligence;
                (h) Principal Deputy Director of National
            Intelligence; and
                (i) Deputy Director of the Federal Bureau of
            Investigation.
        None of the above officials, nor anyone officially acting
    in that capacity, may exercise the authority to make the above
    certifications, unless that official has been appointed by the
    President with the advice and consent of the Senate. The
    requirement of the preceding sentence that the named official
    must be appointed by the President with the advice and consent
    of the Senate does not apply to the Deputy Director of the
    Federal Bureau of Investigation.

    Section 1-104. Section 2-202 of Executive Order No. 12036 is
    amended by inserting the following at the end of that section:
            ``Any electronic surveillance, as defined in the
            Foreign Intelligence Surveillance Act of 1978, shall be
            conducted in accordance with that Act as well as this
            Order.''.

    Section 1-105. Section 2-203 of Executive Order No. 12036 is
    amended by inserting the following at the end of that section:
            ``Any monitoring which constitutes electronic
            surveillance as defined in the Foreign Intelligence
            Surveillance Act of 1978 shall be conducted in
            accordance with that Act as well as this Order.''.
                (2) notify an agency if it believes that a major
            information system requires outside assistance;
                (3) provide guidance on the implementation of this
            order and on the management of information resources to
            the executive agencies and to the Boards established by
            this order; and
                (4) evaluate the effectiveness of the management
            structure set out in this order after 3 years and make
            recommendations for any appropriate changes.

    Sec. 7. General Services Administration.
        Under the direction of OMB, the Administrator of General
    Services shall:
                (1) continue to manage the FTS2000 program and
            coordinate the follow on to that program, on behalf of
            and with the advice of customer agencies;
                (2) develop, maintain, and disseminate for the use
            of the Federal community, as requested by OMB or the
            agencies, recommended methods and strategies for the
            development and acquisition of information technology;
                (3) conduct and manage outreach programs in
            cooperation with agency managers;
                (4) be a focal point for liaison on information
            resources management, including Federal information
            technology, with State and local governments, and with
            nongovernmental international organizations subject to
            prior consultation with the Secretary of State to
            ensure such liaison would be consistent with and
            support overall United States foreign policy
            objectives;
                (5) support the activities of the Secretary of
            State for liaison, consultation, and negotiation with
            intergovernmental organizations in information
            resources management matters;
                (6) assist OMB, as requested, in evaluating
            agencies' performance-based management tracking systems
            and agencies' achievement of cost, schedule, and
            performance goals; and
                (7) provide support and assistance to the
            interagency groups established in this order.

    Sec. 8. Department of Commerce.
        The Secretary of Commerce shall carry out the standards
    responsibilities under the Computer Security Act of 1987, as
    amended by the Information Technology Act, taking into
    consideration the recommendations of the agencies, the CIO
    Council, and the Services Board.

    Sec. 9. Department of State.
                (a) The Secretary of State shall be responsible for
            liaison, consultation, and negotiation with foreign
            governments and intergovernmental organizations on all
            matters related to information resources management,
            including Federal information technology. The Secretary
            shall further ensure, in consultation with the
            Secretary of Commerce, that the United States is
            represented in the development of international
            standards and recommendations affecting information
            technology. In the exercise of these responsibilities,
            the Secretary shall consult, as appropriate, with
            affected domestic agencies, organizations, and other
            members of the public.
                (b) The Secretary of State shall advise the
            Director on the development of United States positions
            and policies on international information policy and
            technology issues affecting Federal Government
            activities and the development of international
            information technology standards.

    Sec. 10. Definitions.
                (a) ``Executive agency'' has the meaning given to
            that term in section 4(1) of the Office of Federal
            Procurement Policy Act (41 U.S.C. 403(1)).
                (b) ``Information Technology'' has the meaning
            given that term in section 5002 of the Information
            Technology Act.
                (c) ``Information resources'' has the meaning given
            that term in section 3502(6) of title 44, United States
            Code.
                (d) ``Information resources management'' has the
            meaning given that term in section 3502(7) of title 44,
            United States Code.
                (e) ``Information system'' has the meaning given
            that term in section 3502(8) of title 44, United States
            Code.
                (f) ``Affinity group'' means any interagency group
            focussed on a business or technology area with common
            information technology or customer requirements. The
            functions of an affinity group can include identifying
            common program goals and requirements; identifying
            opportunities for sharing information to improve
            quality and effectiveness; reducing costs and burden on
            the public; and recommending protocols and other
            standards, including security standards, to the
            National Institute of Standards and Technology for
            Government wide applicability, for action in accordance
            with the Computer Security Act of 1987, as amended by
            the Information Technology Act.
                (g) ``National security system'' means any
            telecommunications or information system operated by
            the United States Government, the function, operation,
            or use of which
                        (1) involves intelligence activities;
                        (2) involves cryptologic activities related
                    to national security;
                        (3) involves command and control of
                    military forces; (4) involves equipment that is
                    an integral part of a weapon or weapons system;
                    or (5) is critical to the direct fulfillment of
                    military or intelligence missions, but
                    excluding any system that is to be used for
                    routine administrative and business
                    applications (including payroll, finance,
                    logistics, and personnel management
                    applications).

    Sec. 11. Applicability to National Security Systems. The heads
    of executive agencies shall apply the policies and procedures
    established in this order to national security systems in a
    manner consistent with the applicability and related
    limitations regarding such systems set out in the Information
    Technology Act.

    Sec. 12. Judicial Review. Nothing in this Executive order shall
    affect any otherwise available judicial review of agency
    action. This Executive order is intended only to improve the
    internal management of the executive branch and does not create
    any right or benefit, substantive or procedural, enforceable at
    law or equity by a party against the United States, its
    agencies or instrumentalities, its officers or employees, or
    any other person.

                             Executive Order 12146

                     Management of Federal Legal Resources

                       (As Amended by EO 12608, EO 13286)

    =======================================================================

    Signed:                              July 18, 1979
    Federal Register page and date:      44 FR 42657; July 20, 1979
    Amended by:                          EO 12608, September 9, 1987
                                         EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and statutes of the United States of America, it
    is hereby ordered as follows:

    1.1 Establishment of the Federal Legal Council.

    1-101. There is hereby established the Federal Legal Council,
    which shall be composed of the Attorney General and the
    representatives of not more than 16 other agencies. The agency
    representative shall be designated by the head of the agency.

    1-102. The initial membership of the Council, in addition to
    the Attorney General, shall consist of representatives
    designated by the heads of the following agencies:
                (a) The Department of Commerce.
                (b) The Department of Defense.
                (c) The Department of Energy.
                (d) The Environmental Protection Agency.
                (e) The Equal Employment Opportunity Commission.
                (f) The Federal Trade Commission.
                (g) The Department of Health, and Human Services.
                (h) The Interstate Commerce Commission.
                (i) The Department of Labor.
                (j) The National Labor Relations Board.
                (k) The Securities and Exchange Commission.
                (1) The Department of State.
                (m) The Department of the Treasury.
                (n) The Department of Homeland Security.
                (o) The United States Postal Service. and
                (p) The Veterans Administration.

    -103. The initial members of the Council shall serve for a term
    of two years. Thereafter, the agencies which compose the
    membership shall be designated annually by the Council and at
    least five positions on the Council, other than that held by
    the Attorney General, shall rotate annually.

    1-104. In addition to the above members, the Directors of the
    Office of Management and Budget and the Office of Personnel
    Management, or their designees, shall be advisory members of
    the Council.

    1-105. The Attorney General shall chair the Council and provide
    staff for its operation. Representatives of agencies that are
    not members of the Council may serve on or chair subcommittees
    of the Council.

    1-2. Functions of the Council.

    1-201. The Council shall promote: (a) coordination and
    communication among Federal legal offices;
                (b) improved management of Federal lawyers,
            associated support personnel, and information systems;
                (c) improvements in the training provided to
            Federal lawyers;
                (d) the facilitation of the personal donation of
            pro bono legal services by Federal attorneys;
                (e) the use of joint or shared legal facilities in
            field offices; and
                (f) the delegation of legal work to field offices.

    1-202. The Council shall study and seek to resolve problems in
    the efficient and effective management of Federal legal
    resources that are beyond the capacity or authority of
    individual agencies to resolve.

    1-203. The Council shall develop recommendations for
    legislation and other actions: (a) to increase the efficient
    and effective operation and management of Federal legal
    resources, including those matters specified in Section 1-201,
    and (b) to avoid inconsistent or unnecessary litigation by
    agencies.

    1-3. Litigation Notice System.

    1-301. The Attorney General shall establish and maintain a
    litigation notice system that provides timely information about
    all civil litigation pending in the courts in which the Federal
    Government is a party or has a significant interest.

    1-302. The Attorney General shall issue rules to govern
    operation of the notice system. The rules shall include the
    following requirements:(a) All agencies with authority to
    litigate cases in court shall promptly notify the Attorney
    General about those cases that fall in classes or categories
    designated from time to time by the Attorney General.(b) The
    Attorney General shall provide all agencies reasonable access
    to the information collected in the litigation notice system.

    1-4. Resolution of Interagency Legal Disputes.

    1-401. Whenever two or more Executive agencies are unable to
    resolve a legal dispute between them, including the question of
    which has jurisdiction to administer a particular program or to
    regulate a particular activity, each agency is encouraged to
    submit the dispute to the Attorney General.

    1-402. Whenever two or more Executive agencies whose heads
    serve at the pleasure of the President are unable to resolve
    such a legal dispute, the agencies shall submit the dispute to
    the Attorney General prior to proceeding in any court, except
    where there is specific statutory vesting of responsibility for
    a resolution elsewhere.

    1-5. Access to Legal Opinions.

    1-501. In addition to the disclosure now required by law, all
    agencies are encouraged to make available for public inspection
    and copying other opinions of their legal officers that are
    statements of policy or interpretation that have been adopted
    by the agency, unless the agency determines that disclosure
    would result in demonstrable harm.

    1-502. All agencies are encouraged to make available on request
    other legal opinions, when the agency determines that
    disclosure would not be harmful.

    1-6. Automated Legal Research and Information Systems.

    1-601. The Attorney General, in coordination with the Secretary
    of Defense and other agency heads, shall provide for a
    computerized legal research system that will be available to
    all Federal law offices on a reimbursable basis. The system may
    include in its data base such Federal regulations, case briefs,
    and legal opinions, as the Attorney General deems appropriate.

    1-602. The Federal Legal Council shall provide leadership for
    all Federal legal offices in establishing appropriate word
    processing and management information systems.

    1-7. Responsibilities of the Agencies.

    1-701. Each agency shall (a) review the management and
    operation of its legal activities and report in one year to the
    Federal Legal Council all steps being taken to improve those
    operations, and (b) cooperate with the Federal Legal Council
    and the Attorney General in the performance of the functions
    provided by this Order.

    1-702. To the extent permitted by law, each agency shall
    furnish the Federal Legal Council and the Attorney General with
    reports, information and assistance as requested to carry out
    the provisions of this Order.

                             Executive Order 12147

                      Federal Emergency Management Agency

    =======================================================================

    Signed:                              March 31, 1979
    Federal Register page and date:      44 FR 19367; April 3, 1979

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including Section 304 of Reorganization Plan No. 3 of 1978, and
    in order to provide for the orderly activation of the Federal
    Emergency Management Agency, it is hereby ordered as follows:

    1-101. Reorganization Plan No. 3 of 1978 (43 FR 41943), which
    establishes the Federal Emergency Management Agency, provides
    for the transfer of functions, and the transfer and abolition
    of agencies and offices, is hereby effective.

    1-102. The Director of the Office of Management and Budget
    shall, in accord with Section 302 of the Reorganization Plan,
    provide for all the appropriate transfers, including those
    transfers related to all the functions transferred from the
    Department of Commerce, the Department of Housing and Urban
    Development, and the President.

    1-103. (a) The functions transferred from the Department of
    Commerce are those vested in the Secretary of Commerce, the
    Administrator and Deputy Administrator of the National Fire
    Prevention and Control Administration (now the United States
    Fire Administration (Sec. 2(a) of Public Law 95-422)), and the
    Superintendent of the National Academy for Fire Prevention and
    Control pursuant to the Federal Fire Prevention and Control Act
    of 1974, as amended (15 U.S.C. 2201 et seq.), but not including
    any functions vested by the amendments made to other acts by
    Sections 18 and 23 of that Act (15 U.S.C. 278f and 1511). The
    functions vested in the Administrator by Sections 24 and 25 of
    that Act, as added by Sections 3 and 4 of Public Law 95-422 (15
    U.S.C. 2220 and 2221), are not transferred to the Director of
    the Federal Emergency Management Agency. Those functions are
    transferred with the Administrator and remain vested in him.
    (Section 201 of the Plan.)
                (b) There was also transferred from the Department
            of Commerce any function concerning the Emergency
            Broadcast System which was transferred to the Secretary
            of Commerce by Section 5B of Reorganization Plan No. 1
            of 1977 (42 FR 56101; implemented by Executive Order
            No. 12046 of March 27, 1978). (Section 203 of the
            Plan.)

    1-104. The functions transferred from the Department of Housing
    and Urban Development are those vested in the Secretary of
    Housing and Urban Development pursuant to Section 15(e) of the
    Federal Flood Insurance Act of 1956, as amended (42 U.S.C.
    2414(e)), and the National Flood Insurance Act of 1968, as
    amended, and the Flood Disaster Protection Act of 1973, as
    amended (42 U.S.C. 4001 et seq.), and Section 520(b) of the
    National Housing Act, as amended (12 U.S.C. 1735d(b)), to the
    extent necessary to borrow from the Treasury to make payments
    for reinsured and directly insured losses, and Title XII of the
    National Housing Act, as amended (12 U.S.C. 1749bbb et seq.,
    and as explained in Section 1 of the National Insurance
    Development Act of 1975 (Section 1 of Public Law 94-13 at 12
    U.S.C. 1749bbb note)). (Section 202 of the Plan.)

    1-105. The functions transferred from the President are those
    concerning the Emergency Broadcast System which were
    transferred to the President by Section 5 of Reorganization
    Plan No. 1 of 1977 (42 FR 56101; implemented by Executive Order
    No. 12046 of March 27, 1978). (Section 203 of the Plan.)

    1-106. This Order shall be effective Sunday, April 1, 1979.

                             Executive Order 12148

                          Federal Emergency Management

           (As Amended by EO 12155, EO 12156, EO 12319, EO 12379, EO
                      12381, EO 12657, EO 12673, EO 13286)

    =======================================================================

    Signed:                              July 20, 1979
    Federal Register page and date:      44 FR 43239; July 24, 1979
    Amended by:                          EO 12155, September 10, 1979
                                         EO 12156, September 10, 1979
                                         EO 12319, September 9, 1981
                                          EO 12356, April 2, 1982
                                         EO 12379, August 17, 1982
                                         EO 12381, September 8, 1982
                                         EO 12657, November 18, 1988
                                         EO 12673, March 23, 1989
                                         EO 13286, February 28, 2003
    Superseded or revoked in part by:    EO 12919, June 3, 1994
                                         EO 12657, November 18, 1988

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Federal Civil Defense Act of 1950, as amended (50
    U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1970, as
    amended (42 U.S.C. Chapter 58 note), the Disaster Relief Act of
    1974 (88 Stat. 143; 42 U.S.C. 5121 et seq.), the Earthquake
    Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), Section
    4 of Public Law 92-385 (86 Stat. 556), Section 43 of the Act of
    August 10, 1956, as amended (50 U.S.C. App. 2285), the National
    Security Act of 1947, as amended, the Defense Production Act of
    1950, as amended (50 U.S.C. App. 2061 et seq.), Reorganization
    Plan No. 1 of 1958, Reorganization Plan No. 1 of 1973, the
    Strategic and Critical Materials Stock Piling Act, as amended
    (50 U.S.C. 98 et seq.), Section 202 of the Budget and
    Accounting Procedures Act of 1950 (31 U.S.C. 581c), and Section
    301 of Title 3 of the United States Code, and in order to
    transfer emergency functions to the Department of Homeland
    Security, it is hereby ordered as follows:

    Section 1. Transfers or Reassignments

    1-1. Transfer or Reassignment of Existing Functions.

    1-101. All functions vested in the President that have been
    delegated or assigned to the Defense Civil Preparedness Agency,
    Department of Defense, are transferred or reassigned to the
    Secretary of Homeland Security.

    1-102. All functions vested in the President that have been
    delegated or assigned to the Federal Disaster Assistance
    Administration, Department of Housing and Urban Development,
    are transferred or reassigned to the Secretary of Homeland
    Security, including any of those functions redelegated or
    reassigned to the Department of Commerce with respect to
    assistance to communities in the development of readiness plans
    for severe weather-related emergencies.

    1-103. All functions vested in the President that have been
    delegated or assigned to the Federal Preparedness Agency,
    General Services Administration, are transferred or reassigned
    to the Secretary of Homeland Security.

    1-104. All functions vested in the President by the Earthquake
    Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.),
    including those functions performed by the Office of Science
    and Technology Policy, are delegated, transferred, or
    reassigned to the Secretary of Homeland Security.

    1-2. Transfer or Reassignment of Resources.

    1-201. The records, property, personnel and positions, and
    unexpended balances of appropriations, available or to be made
    available, which relate to the functions transferred,
    reassigned, or redelegated by this Order are hereby transferred
    to the Secretary of Homeland Security.

    1-202. The Director of the Office of Management and Budget
    shall make such determinations, issue such orders, and take all
    actions necessary or appropriate to effectuate the transfers or
    reassignments provided by this Order, including the transfer of
    funds, records, property, and personnel.

    Section 2. Management of Emergency Planning and Assistance

    2-1. General.

    2-101. The Secretary of Homeland Security shall establish
    Federal policies for, and coordinate, all civil defense and
    civil emergency planning, management, mitigation, and
    assistance functions of Executive agencies.

    2-102. The Director shall periodically review and evaluate the
    civil defense and civil emergency functions of the Executive
    agencies. In order to improve the efficiency and effectiveness
    of those functions, the Director shall recommend to the
    President alternative methods of providing Federal planning,
    management, mitigation, and assistance.

    2-103. The Director shall be responsible for the coordination
    of efforts to promote dam safety, for the coordination of
    natural and nuclear disaster warning systems, and for the
    coordination of preparedness and planning to reduce the
    consequences of major terrorist incidents.

    2-104. The Director shall represent the President in working
    with State and local governments and private sector to
    stimulate vigorous participation in civil emergency
    preparedness, mitigation, response, and recovery programs.

    2-105. The Director shall provide an annual report to the
    President for subsequent transmittal to the Congress on the
    functions of the Federal Emergency Management Agency. The
    report shall assess the current overall state of effectiveness
    of Federal civil defense and civil emergency functions,
    organizations, resources, and systems and recommend measures to
    be taken to improve planning, management, assistance, and
    relief by all levels of government, the private sector, and
    volunteer organizations.

    2-2. Implementation.

    2-201. In executing the functions under this Order, the
    Director shall develop policies which provide that all civil
    defense and civil emergency functions, resources, and systems
    of Executive agencies are:
                (a) founded on the use of existing organizations,
            resources, and systems to the maximum extent
            practicable;
                (b) integrated effectively with organizations,
            resources, and programs of State and local governments,
            the private sector and volunteer organizations; and
                (c) developed, tested and utilized to prepare for,
            mitigate, respond to and recover from the effects on
            the population of all forms of emergencies.

    2-202. Assignments of civil emergency functions shall, whenever
    possible, be based on extensions (under emergency conditions)
    of the regular missions of the Executive agencies.

    2-203. For purposes of this Order, ``civil emergency'' means
    any accidental, natural, man-caused, or wartime emergency or
    threat thereof, which causes or may cause substantial injury or
    harm to the population or substantial damage to or loss of
    property.

    2-204. In order that civil defense planning continues to be
    fully compatible with the Nation's overall strategic policy,
    and in order to maintain an effective link between strategic
    nuclear planning and nuclear attack preparedness planning, the
    development of civil defense policies and programs by the
    Secretary of Homeland Security shall be subject to oversight by
    the Secretary of Defense and the National Security Council.

    2-205. To the extent authorized by law and within available
    resources, the Secretary of Defense shall provide the Secretary
    of Homeland Security with support for civil defense programs in
    the areas of program development and administration, technical
    support, research, communications, transportation,
    intelligence, and emergency operations.

    2-206. All Executive agencies shall cooperate with and assist
    the Director in the performance of his functions.

    2-3. Transition Provisions.

    2-301. The functions which have been transferred, reassigned,
    or redelegated by Section 1 of this Order are recodified and
    revised as set forth in this Order at Section 4, and as
    provided by the amendments made at Section 5 to the provisions
    of other Orders.

    2-302. Notwithstanding the revocations, revisions,
    codifications, and amendments made by this Order, the Director
    may continue to perform the functions transferred to him by
    Section 1 of this Order, except where they may otherwise be
    inconsistent with the provisions of this Order.

    Section 3. Federal Emergency Management Council

    3-1. Establishment of the Council.

    3-101. There is hereby established the Emergency Management
    Council.

    3-102. The Council shall be composed of the Secretary of
    Homeland Security, who shall be the Chairman, the Director of
    the Office of Management and Budget and such others as the
    President may designate.

    3-2. Functions of the Council.

    3-201. The Council shall advise and assist the President in the
    oversight and direction of Federal emergency programs and
    policies.

    3-202. The Council shall provide guidance to the Director of
    the Federal Emergency Management Agency in the performance of
    functions vested in him.

    3-3. Administrative and General Provisions.

    3-301. The heads of Executive agencies shall cooperate with and
    assist the Council in the performance of its functions.

    3-302. The Secretary of Homeland Security shall provide the
    Council with such administrative services and support as may be
    necessary or appropriate.

    Section 4. Delegations

    4-1. Delegation of Functions Transferred to the President.

    4-101. [Revoked]

    4-102. The functions vested in the Director of the Office of
    Defense Mobilization by Sections 103 and 303 of the National
    Security Act of 1947, as amended by Sections 8 and 50 of the
    Act of September 3, 1954 (Public Law 779; 68 Stat. 1228 and
    1244) (50 U.S.C. 404 and 405), were transferred to the
    President by Section 1(a) of Reorganization Plan No. 1 of 1958,
    as amended (50 U.S.C. App. 2271 note), and they are hereby
    delegated to the Secretary of Homeland Security.

    4-103. (a) The functions vested in the Federal Civil Defense
    Administration or its Administrator by the Federal Civil
    Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.),
    were transferred to the President by Reorganization Plan No. 1
    of 1958, and they are hereby delegated to the Secretary of
    Homeland Security.
                (b) Excluded from the delegation in subsection (a)
            is the function under Section 205(a)(4) of the Federal
            Civil Defense Act of 1950, as amended (50 U.S.C. App.
            2286(a)(4)), relating to the establishment and
            maintenance of personnel standards on the merit basis
            that was delegated to the Director of the Office of
            Personnel Management by Section 1(b) of Executive Order
            No. 11589, as amended (Section 2-101(b) of Executive
            Order No. 12107).

    4-104. The Secretary of Homeland Security is authorized to
    redelegate, in accord with the provisions of Section 1(b) of
    Reorganization Plan No. 1 of 1958 (50 U.S.C. App. 2271 note),
    any of the functions delegated by Sections 4-101, 4-102, and 4-
    103 of this Order.

    4-105. The functions vested in the Administrator of the Federal
    Civil Defense Administration by Section 43 of the Act of August
    10, 1956 (70A Stat. 636) were transferred to the President by
    Reorganization Plan No. 1 of 1958, as amended (50 U.S.C. App.
    2271 note), were subsequently revested in the Director of the
    Office of Civil and Defense Mobilization by Section 512 of
    Public Law 86-500 (50 U.S.C. App. 2285) [the office was changed
    to Office of Emergency Planning by Public Law 87-296 (75 Stat.
    630) and to the Office of Emergency Preparedness by Section 402
    of Public Law 90-608 (82 Stat. 1194)], were again transferred
    to the President by Section 1 of Reorganization Plan No. 1 of
    1973 (50 U.S.C. App. 2271 note), and they are hereby delegated
    to the Secretary of Homeland Security.

    4-106. The functions vested in the Director of the Office of
    Emergency Preparedness by Section 16 of the Act of September
    23, 1950, as amended (20 U.S.C. 646), and by Section 7 of the
    Act of September 30, 1950, as amended (20 U.S.C. 241-1), were
    transferred to the President by Section 1 of Reorganization
    Plan No. 1 of 1973 (50 U.S.C. App. 2271 note), and they are
    hereby delegated to the Secretary of Homeland Security.

    4-107. That function vested in the Director of the Office of
    Emergency Preparedness by Section 762(a) of the Higher
    Education Act of 1965, as added by Section 161(a) of the
    Education Amendments of 1972, and as further amended (20 U.S.C.
    1132d-l(a)), to the extent transferred to the President by
    Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 2271 note),
    is hereby delegated to the Secretary of Homeland Security.

    4-2. Delegation of Functions Vested in the President.

    4-201. The functions vested in the President by the Disaster
    Relief Act of 1970, as amended (42 U.S.C. Chapter 58 note), are
    hereby delegated to the Secretary of Homeland Security.

    4-202. The functions (related to grants for damages resulting
    from hurricane and tropical storm Agnes) vested in the
    President by Section 4 of Public Law 92-385 (86 Stat. 556) are
    hereby delegated to the Secretary of Homeland Security.

    4-203. The functions vested in the President by the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act, as
    amended (432 U.S.C. 5121 et seq.), except those functions
    vested in the President by Section 401 (relating to the
    declaration of major disasters and emergencies), Section 501
    (relating to the declaration of emergencies), Section 405
    (relating to the repair, reconstruction, restoration, or
    replacement of Federal facilities), and Section 412 (relating
    to food coupons and distribution), are hereby delegated to the
    Secretary of Homeland Security.

    4-204. The functions vested in the President by the Earthquake
    Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et
    seq.), are delegated to the Secretary of Homeland Security.

    4-205. Effective July 30, 1979, the functions vested in the
    President by Section 4(h) of the Commodity Credit Corporation
    Charter Act, as amended (15 U.S.C. 714b(h)), are hereby
    delegated to the Secretary of Homeland Security.

    4-206. Effective July 30, 1979, the functions vested in the
    President by Section 204(f) of the Federal Property and
    Administrative Services Act of 1949, as amended (40 U.S.C.
    485(f)), are hereby delegated to the Secretary of Homeland
    Security.

    4-207. The functions vested in the President by Section 502 of
    the Federal Civil Defense Act of 1950, as amended (50 U.S.C.
    App. 2302), are delegated to the Secretary of Homeland
    Security.

    Section 5. Other Executive Orders

    5-1. Revocations.

    5-101. Executive Order No. 10242, as amended, entitled
    ``Prescribing Regulations Governing the Exercise by the Federal
    Civil Defense Administrator of Certain Administrative Authority
    Granted by the Federal Civil Defense Act of 1950'', is revoked.

    5-102. Sections 1 and 2 of Executive Order No. 10296, as
    amended, entitled ``Providing for the Performance of Certain
    Defense Housing and Community Facilities and Service
    Functions'', are revoked.

    5-103. Executive Order No. 10494, as amended, relating to the
    disposition of remaining functions, is revoked.

    5-104. Executive Order No. 10529, as amended, relating to
    federal employee participation in State and local civil defense
    programs, is revoked.

    5-105. Section 3 of Executive Order No. 10601, as amended,
    which concerns the Commodity Set Aside, is revoked.

    5-106. Executive Order No. 10634, as amended, relating to loans
    for facilities destroyed or damaged by a major disaster, is
    revoked.

    5-107. Section 4(d)(2) of Executive Order No. 10900, as
    amended, which concerns foreign currencies made available to
    make purchases for the supplemental stockpile, is revoked.

    5-108. Executive Order 10952, as amended, entitled ``Assigning
    Civil Defense Responsibilities to the Secretary of Defense and
    Others'', is revoked.

    5-109. Executive Order 11051, as amended, relating to
    responsibilities of the Office of Emergency Preparedness, is
    revoked.

    5-110. Executive Order 11415, as amended, relating to the
    Health Resources Advisory Committee, is revoked.

    5-111. Executive Order 11795, as amended, entitled ``Delegating
    Disaster Relief Functions Pursuant to the Disaster Relief Act
    of 1974'', is revoked, except for Section 3 thereof.

    5-112. Executive Order 11725, as amended, entitled ``Transfer
    of Certain Functions of the Office of Emergency Preparedness'',
    is revoked.

    5-113. Executive Order 11749, as amended, entitled
    ``Consolidating Disaster Relief Functions Assigned to the
    Secretary of Housing and Urban Development'' is revoked.

    5-2. Amendments.

    5-201. Executive Order No. 10421, as amended, relating to
    physical security of defense facilities is further amended by
    (a) substituting the ``Director of the Federal Emergency
    Management Agency'' for ``Director of the Office of Emergency
    Planning'' in Sections 1 (a), 1 (c), and 6 (b); and, (b)
    substituting ``Federal Emergency Management Agency'' for
    ``Office of Emergency Planning'' in Sections 6(b) and 7(b).

    5-202. Executive Order No. 10480, as amended, is further
    amended by (a) substituting ``Director of the Federal Emergency
    Management Agency'' for ``Director of the office of Emergency
    Planning'' in Sections 101(a), 101(b), 201(a), 201 (b), 301,
    304, 307, 308, 310(b), 311(b), 312, 313, 401(b), 401(e), and
    605; and, (b) substituting ``Director of the Federal Emergency
    Management Agency'' for ``Administrator of General Services''
    in Section 610.

    5-203. Section 3(d) of Executive Order No. 10582, as amended,
    which relates to determinations under the Buy American Act is
    amended by deleting ``Director of the Office of Emergency
    Planning'' and substituting therefor ``Director of the Federal
    Emergency Management Agency''.

    5-204. Paragraph 21 of Executive Order No. 10789, as amended,
    is further amended by adding ``The Federal Emergency Management
    Agency'' after ``Government Printing Office''.

    5-205. Executive Order No. 11179, as amended, concerning the
    National Defense Executive Reserve, is further amended by
    deleting ``Director of the Office of Emergency Planning'' in
    Section 2 and substituting therefor ``Director of the Federal
    Emergency Management Agency''.

    5-206. Section 7 of Executive Order No. 11912, as amended,
    concerning energy policy and conservation, is further amended
    by deleting ``Administrator of General Services'' and
    substituting therefor ``Director of the Federal Emergency
    Management Agency''.

    5-207. Section 2(d) of Executive Order No. 11988 entitled
    ``Floodplain Management'' is amended by deleting ``Federal
    Insurance Administration'' and substituting therefor ``Director
    of the Federal Emergency Management Agency''.

    5-208. Section 5-3 of Executive Order No. 12046 of March 29,
    1978, is amended by deleting ``General Services
    Administration'' and substituting therefor ``Federal Emergency
    Management Agency'' and by deleting ``Administrator of General
    Services'' and substituting therefor ``Director of the Federal
    Emergency Management Agency''.

    5-209. Section 1-201 of Executive Order No. 12065 is amended by
    adding ``The Director of the Federal Emergency Management
    Agency'' after ``The Administrator, National Aeronautics and
    Space Administration'' and by deleting ``Director, Federal
    Preparedness Agency and to the'' from the parentheses after
    ``The Administrator of General Services''.

    5-210. Section 1-102 of Executive Order No. 12075 of August 16,
    1978, is amended by adding in alphabetical order ``(p) Federal
    Emergency Management Agency''.

    5-211. Section 1-102 of Executive Order No. 12083 of September
    27, 1978 is amended by adding in alphabetical order ``(x) the
    Director of the Federal Emergency Management Agency''.

    5-212. Section 9.11 (b) of Civil Service Rule IX (5 CFR Part 9)
    is amended by deleting ``the Defense Civil Preparedness Agency
    and''.

    5-213. Section 3(2) of each of the following described
    Executive orders is amended by adding ``Federal Emergency
    Management Agency'' immediately after ``Department of
    Transportation''.
                (a) Executive Order No. 11331 establishing the
            Pacific Northwest River Basins Commission.
                (b) Executive Order No. 11345, as amended,
            establishing the Great Lakes Basin Commission.
                (c) Executive Order No. 11371, as amended,
            establishing the New England River Basins Commission.
                (d) Executive Order No. 11578, as amended,
            establishing the Ohio River Basin Commission.
                (e) Executive Order No. 11658, as amended,
            establishing the Missouri River Basin Commission.
                (f) Executive Order No. 11659, as amended,
            establishing the Upper Mississippi River Basin
            Commission.

    5-214. Executive Order No. 11490, as amended, is further
    amended as follows:
                (a) Delete the last sentence of Section 102 (a) and
            substitute therefor the following: ``The activities
            undertaken by the departments and agencies pursuant to
            this Order, except as provided in Section 3003, shall
            be in accordance with guidance provided by, and subject
            to, evaluation by the Director of the Federal Emergency
            Management Agency.''.
                (b) Delete Section 103 entitled ``Presidential
            Assistance'' and substitute the following new Section
            103: ``Sec. 103 General Coordination. The Director of
            the Federal Emergency Management Agency (FEMA) shall
            determine national preparedness goals and policies for
            the performance of functions under this Order and
            coordinate the performance of such functions with the
            total national preparedness programs.''.
                (c) Delete the portion of the first sentence of
            Section 401 prior to the colon and insert the
            following: ``The Secretary of Defense shall perform the
            following emergency preparedness functions''.
                (d) Delete ``Director of the Federal Preparedness
            Agency (GSA)'' or ``the Federal Preparedness Agency
            (GSA)'' and substitute therefor ``Director, FEMA'', in
            Sections 401 (3), 401 (4), 401 (5), 401 (9), 401 (10),
            401 (14), 401 (15), 401(16), 401(19), 401(21), 401(22),
            501(8), 601(2), 904(2), 1102(2), 1204 (2), 1401(a),
            1701, 1702, 2003, 2004, 2801(5), 3001, 3002(2), 3004,
            3005, 3006, 3008, 3010, and 3013.
                (e) The number assigned to this Order shall be
            substituted for ``11051 of September 27, 1962'' in
            Section 3001, and for ``11051'' in Sections 1802,
            2002(3), 3002 and 3008 (1).
                (f) The number assigned to this Order shall be
            substituted for ``10952'' in Sections 1103, 1104, 1205,
            and 3002.
                (g) Delete ``Department of Defense'' in Sections
            502, 601 (1), 804, 905, 1103, 1104, 1106(4), 1205,
            2002(8), the first sentence of Section 3002, and
            Sections 3008(1) and 3010 and substitute therefor
            ``Director of the Federal Emergency Management
            Agency.''.

    Section 6.
        This Order is effective July 15, 1979.

                             Executive Order 12160

        Providing For Enhancement and Coordination of Federal Consumer
                                    Programs

                       (As Amended by EO 12265, EO 13286)

    =======================================================================

    Signed:                              September 26, 1979
    Federal Register page and date:      44 FR 55787; September 28, 1979
    Amended by:                          EO 12265, January 15, 1981
                                         EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President by the
    Constitution of the United States of America, and in order to
    improve the management, coordination , and effectiveness of
    agency consumer programs, it is ordered as follows:

    1-1. Establishment of the Consumer Affairs Council.

    1-101. There is hereby established the Consumer Affairs Council
    (hereinafter referred to as the ``Council'').

    1-102. The Council shall consist of representatives of the
    following agencies and such other officers or employees of the
    United States as the President may designate as members:
                (a) Department of Agriculture.
                (b) Department of Commerce.
                (c) Department of Defense.
                (d) Department of Energy.
                (e) Department of Health and Human Services.
                (f) Department of Housing and Urban Development.
                (g) Department of the Interior.
                (h) Department of Justice.
                (i) Department of Labor.
                (j) Department of State.
                (k) Department of Transportation.
                (l) Department of the Treasury.
                (m) Department of Homeland Security
                (n) ACTION Agency.
                (o) Administrative Conference of the United States.
                (p) Community Services Administration.
                (q) Department of Education.
                (r) Environmental Protection Agency.
                (s) Equal Employment Opportunity Commission.
                (t) General Services Administration.
                (u) Small Business Administration.
                (v) Tennessee Valley Authority.
                (w) Veterans Administration.
                (x) Commission on Civil Rights is invited to
            participate.
                Each agency on the Council shall be represented by
            the head of the agency or by a senior-level official
            designated by the head of the agency.

    1-2. Functions of the Council.

    1-201. The Council shall provide leadership and coordination to
    ensure that agency consumer programs are implemented
    effectively; and shall strive to maximize effort, promote
    efficiency and interagency cooperation, and to eliminate
    duplication and inconsistency among agency consumer programs.

    1-3. Designation and Functions of the Chairperson.

    1-301. The President shall designate the Chairperson of the
    Council (hereinafter referred to as the ``Chairperson'').

    1-302. The Chairperson shall be the presiding officer of the
    Council and shall determine the times when the Council shall
    convene.

    1-303. The Chairperson shall establish such policies,
    definitions, procedures, and standards to govern the
    implementation, interpretation, and application of this Order,
    and generally perform such functions and take such steps, as
    are necessary or appropriate to carry out the provisions of
    this Order.

    1-4. Consumer Program Reforms.

    1-401. The Chairperson, assisted by the Council, shall ensure
    that agencies review and revise their operating procedures so
    that consumer needs and interests are adequately considered and
    addressed. Agency consumer programs should be tailored to fit
    particular agency characteristics, but those programs shall
    include, at a minimum, the following five elements:
                (a) Consumer Affairs Perspective. Agencies shall
            have identifiable, accessible professional staffs of
            consumer affairs personnel authorized to participate,
            in a manner not inconsistent with applicable statutes,
            in the development and review of all agency rules,
            policies, programs, and legislation.
                (b) Consumer Participation. Agencies shall
            establish procedures for the early and meaningful
            participation by consumers in the development and
            review of all agency rules, policies, and programs.
            Such procedures shall include provisions to assure that
            consumer concerns are adequately analyzed and
            considered in decision making. To facilitate the
            expression of those concerns, agencies shall provide
            for forums at which consumers can meet with agency
            decision-makers. In addition, agencies shall make
            affirmative efforts to inform consumers of pending
            proceedings and of the opportunities available for
            participation therein.
                (c) Informational Materials. Agencies shall produce
            and distribute materials to inform consumers about the
            agencies' responsibilities and services, about their
            procedures for consumer participation, and about
            aspects of the marketplace for which they have
            responsibility. In addition, each agency shall make
            available to consumers who attend agency meetings open
            to the public materials designed to make those meetings
            comprehensible to them.
                (d) Education and Training. Agencies shall educate
            their staff members about the Federal consumer policy
            embodied in this Order and about the agencies' programs
            for carrying out that policy. Specialized training
            shall be provided to agency consumer affairs personnel
            and, to the extent considered appropriate by each
            agency and in a manner not inconsistent with applicable
            statutes, technical assistance shall be made available
            to consumers and their organizations.
                (e) Complaint Handling. Agencies shall establish
            procedures for systematically logging in,
            investigating, and responding to consumer complaints,
            and for integrating analyses of complaints into the
            development of policy.

    1-402. The head of each agency shall designate a senior-level
    official within that agency to exercise, as the official's sole
    responsibility, policy direction for, and coordination and
    oversight of, the agency's consumer activities. The designated
    official shall report directly to the head of the agency and
    shall apprise the agency head of the potential impact on
    consumers of particular policy initiatives under development or
    review within the agency.

    1-5. Implementation of Consumer Program Reforms.

    1-501. Within 60 days after the issuance of this Order, each
    agency shall prepare a draft report setting forth with
    specificity its program for complying with the requirements of
    Section 1-4 above. Each agency shall publish its draft consumer
    program in the Federal Register and shall give the public 60
    days to comment on the program. A copy of the program shall be
    sent to the Council.

    1-502. Each agency shall, within 30 days after the close of the
    public comment period on its draft consumer program, submit a
    revised program to the Chairperson. The Chairperson shall be
    responsible, on behalf of the President, for approving agency
    programs for compliance with this Order before their final
    publication in the Federal Register. Each agency's final
    program shall be published no later than 90 days after the
    close of the public comment period, and shall include a summary
    of public comments on the draft program and a discussion of how
    those comments are reflected in the final program.

    1-503. Each agency's consumer program shall take effect no
    later than 30 days after its final publication in the Federal
    Register.

    1-504. The Chairperson, with the assistance and advice of the
    Council, shall monitor the implementation by agencies of their
    consumer programs.

    1-505. The Chairperson shall, promptly after the close of the
    fiscal year, submit to the President a full report on
    government-wide progress under this Order during the previous
    fiscal year. In addition, the Chairperson shall evaluate, from
    time to time, the consumer programs of particular agencies and
    shall report to the President as appropriate. Such evaluations
    shall be informed by appropriate consultations with interested
    parties.

    1-6. Budget Review.

    1-601. Each agency shall include a separate consumer program
    exhibit in its yearly budget submission to the Office of
    Management and Budget. By October 1 of each year the Director
    of the Office of Management and Budget shall provide the
    Chairperson with a copy of each of these exhibits. The
    Chairperson shall thereafter provide OMB with an analysis of
    the adequacy of the management of, and the funding and staff
    levels for, particular agency consumer programs.

    1-7. Civil Service Initiatives.

    1-701. In order to strengthen the professional standing of
    consumer affairs personnel, and to improve the recruitment and
    training of such personnel, the Office of Personnel Management
    shall consult with the Council regarding:
                (a) the need for new or revised classification and
            qualification standard(s), consistent with the
            requirements of Title 5, United States Code, to be used
            by agencies in their classification of positions which
            include significant consumer affairs duties;
                (b) the recruitment and selection of employees for
            the performance of consumer affairs duties; and
                (c) the training and development of employees for
            the performance of such duties.

    1-8. Administrative Provisions.

    1-801. Executive agencies shall cooperate with and assist the
    Council and the Chairperson in the performance of their
    functions under this Order and shall on a timely basis furnish
    them with such reports as they may request.

    1-802. The Chairperson shall utilize the assistance of the
    United States Office of Consumer Affairs in fulfilling the
    responsibilities assigned to the Chairperson tinder this Order.

    1-803. The Chairperson shall be responsible for providing the
    Council with such administrative services and support as may be
    necessary or appropriate; agencies shall assign, to the extent
    not inconsistent with applicable statutes, such personnel and
    resources to the activities of the Council and the Chairperson
    as will enable the Council and the Chairperson to fulfill their
    responsibilities under this Order.

    1-804. The Chairperson may invite representatives of non-member
    agencies, including independent regulatory agencies, to
    participate from time to time in the functions of the Council.

    1-9. Definitions.

    1-901. ``Consumer'' means any individual who uses, purchases,
    acquires, attempts to purchase or acquire, or is offered or
    furnished any real or personal property, tangible or intangible
    goods, services, or credit for personal, family, or household
    purposes.

    1-902. ``Agency'' or ``agencies'' mean any department or agency
    in the executive branch of the Federal government, except that
    the term shall not include:
                (a) independent regulatory agencies, except as
            noted in subsection 1-804;
                (b) agencies to the extent that their activities
            fall within the categories excepted in Sections 6 (b)
            (2), (3), (4),and (6)of Executive Order No. 12044.
                (c) agencies to the extent that they demonstrate
            within 30 days of the date of issuance of this Order,
            to the satisfaction of the Chairperson with the advice
            of the Council, that their activities have no
            substantial impact upon consumers.

                             Executive Order 12188

                         International Trade Functions

                  (As Amended by EO 12292, EO 13118, EO 13286)

    =======================================================================

    Signed:                              January 2, 1980
    Federal Register page and date:      45 FR 989; January 4, 1980
    Revoked in part by:                  EO 12292, February 23, 1981
    Amended by:                          EO 13118, March 31, 1999
                                         EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me by the Trade Agreements Act
    of 1979, the Trade Act of 1974, the Trade Expansion Act of
    1962, section 350 of the Tariff Act of 1930, Reorganization
    Plan No. 3 of 1979, and section 301 of title 3 of the United
    States Code, and as President of the United States, it is
    hereby ordered as follows:

    SECTION 1-101. The United States Trade Representative.
                (a) Except as may be otherwise expressly provided
            by law, the United States Trade Representative
            (hereinafter referred to as the ``Trade
            Representative'') shall be chief representative of the
            United States for:
                        (1) all activities of, or under the
                    auspices of, the General Agreement on Tariffs
                    and Trade;
                        (2) discussions, meetings, and negotiations
                    in the Organization for Economic Cooperation
                    and Development when trade or commodity issues
                    are the primary issues under consideration;
                        (3) negotiations in the United Nations
                    Conference on Trade and Development and other
                    multilateral institutions when trade or
                    commodity issues are the primary issues under
                    consideration;
                        (4) other bilateral or multilateral
                    negotiations when trade, including East-West
                    trade, or commodities is the primary issue
                    under consideration;
                        (5) negotiations under sections 704 and 734
                    of the Tariff Act of 1930 (19 U.S.C. 1671c and
                    1673c); and
                        (6) negotiations concerning direct
                    investment incentives and disincentives and
                    bilateral investment issues concerning barriers
                    to investment.
                        For purposes of this subsection, the term
                    ``negotiations'' includes discussions and
                    meetings with foreign governments and
                    instrumentalities primarily concerning
                    preparations for formal negotiations and
                    policies regarding implementation of agreements
                    resulting from such negotiations.
                (b) The Trade Representative, in consultation with
            the Trade Negotiating Committee, shall invite such
            members of the Trade Negotiating Committee and
            representatives of other departments or agencies as may
            be appropriate to participate in the negotiations and
            other activities listed in subsection (a).
                (c) The Trade Representative, in consultation with
            the Trade Negotiating Committee, may delegate to any
            member of the Trade Negotiating Committee, or to any
            other appropriate department or agency, primary
            responsibility for representing the United States in
            any of the negotiations and other activities set forth
            in subsection (a).
                (d) The Trade Representative, or any department or
            agency to which responsibility for representing the
            United States in a negotiation or other activity has
            been delegated pursuant to subsection (c), shall
            consult with the Trade Policy Committee and with any
            affected regulatory agencies on the policy issues
            arising in connection with the negotiations and other
            activities listed in subsection (a).

    SECTION 1-102. The Trade Policy Committee.
                (a) As provided by section 242 of the Trade
            Expansion Act of 1962 (19 U.S.C. 1872), the Trade
            Policy Committee (hereinafter referred to as the
            ``Committee'') is continued. The Committee shall have
            the functions specified by law or by the President,
            including those specified in section 1 (b) (3) of
            Reorganization Plan No. 3 of 1979.
                (b) The Committee shall be composed of the
            following:
                        (1) The Trade Representative, who shall be
                    Chair
                        (2) The Secretary of Commerce, who shall be
                    Vice Chair
                        (3) The Secretary of State
                        (4) The Secretary of the Treasury
                        (5) The Secretary of Defense
                        (6) The Attorney General
                        (7) The Secretary of the Interior
                        (8) The Secretary of Agriculture
                        (9) The Secretary of Labor
                        (10) The Secretary of Transportation
                        (11) The Secretary of Energy
                        (12) The Secretary of Homeland Security
                        (13) The Director of the Office of
                    Management and Budget
                        (14) The Chairman of the Council of
                    Economic Advisers
                        (15) The Assistant to the President for
                    National Security Affairs
                        (16) Administrator of the United States
                    Agency for International Development.
                        The Chair and any member of the Committee
                    may designate a subordinate officer whose
                    status is not below that of an Assistant
                    Secretary to serve in his stead when he is
                    unable to attend any meetings of the Committee.
                    The Chair may invite representatives from other
                    agencies to attend the meetings of the
                    Committee.
                (b) (1) There is established, as a subcommittee of
            the Committee, a Trade Negotiating Committee which
            shall advise the Trade Representative on the management
            of negotiations referred to in section 1-101 (a) of
            this order. The members of such subcommittee shall be
            the Trade Representative (Chair), the Secretary of
            State, the Secretary of the Treasury, the Secretary of
            Agriculture, the Secretary of Commerce, and the
            Secretary of Labor.
                        (2) The Trade Representative, with the
                    advice of the Committee, may create additional
                    subcommittees thereof.
                (c) In advising the President on international
            trade and related matters, the Trade Representative
            shall take into account and reflect the views of the
            members of the Committee and of other interested
            agencies.

    SECTION 1-103. Delegation of Functions.
                (a) The function vested in the President by section
            412(b) of the Trade Agreements Act of 1979 (19 U.S.C.
            2542 (b)) is delegated to the Secretary of Commerce
            with regard to the technical office established under
            section 412 (a) (1) of such Act and to the Secretary of
            Agriculture with regard to the technical office
            established under section 412(a)(2) of such Act. In
            prescribing the functions of each technical office, the
            Secretary concerned shall consult with the Trade
            Representative and with all affected regulatory
            agencies. The functions delegated by this section shall
            be exercised in coordination with the Trade
            Representative.
                (b) The functions of the President under sections
            2(b) and 303 of the Trade Agreements Act of 1979 (19
            U.S.C. 2503 (b) and 2513) and section 701(b) of the
            Tariff Act of 1930 (19 U.S.C. 1671(b)) are delegated to
            the Trade Representative, who shall exercise such
            authority with the advice of the Trade Policy
            Committee.

    SECTION 1-104. Authority Under the Foreign Service Act and
    Related Laws.
                (a) The Secretary of Commerce (hereinafter referred
            to as the ``Secretary'') is authorized to establish a
            Foreign Commercial Service in the Department of
            Commerce, and a category of career officers of the
            Foreign Commercial Service to be known as Foreign
            Commercial Officers. For purposes of the utilization by
            the Secretary of the authorities granted to the
            Secretary under this section, the terms ``Foreign
            Service'' and ``Foreign Service Officer'' shall be
            construed to mean ``Foreign Commercial Service'' and
            ``Foreign Commercial Officer'', respectively.
                (b) [REVOKED]
                (c) The Board of the Foreign Service and the Board
            of Examiners for the Foreign Service established by
            Executive Order 11264 of December 31, 1965, as amended,
            shall exercise with respect to Foreign Service
            personnel of the Department of Commerce the functions
            delegated to them by that order with respect to Foreign
            Service personnel of the Department of State. The
            Boards shall perform such additional functions with
            respect to Foreign Service personnel of the Department
            of Commerce as the Secretary may from time to time
            delegate or otherwise assign, consistent with the
            functions of such boards.

    SECTION 1-105. Prior Executive Orders and Determination.
                (a) Section l(b) of Executive Order 11269 of
            February 14, 1966, as amended, is amended by adding
            ``the United States Trade Representative,'' after ``the
            Secretary of State,''.
                (b) (1) Section 1 of Executive Order 11539 of June
            30, 1970, is amended to read as follows:
                        ``Section 1. The United States Trade
                    Representative, with the concurrence of the
                    Secretary of Agriculture and the Secretary of
                    State, is authorized to negotiate bilateral
                    agreements with representatives of governments
                    of foreign countries limiting the export from
                    the respective countries and the importation
                    into the United States of (1) fresh, chilled,
                    or frozen cattle meat, (2) fresh, chilled, or
                    frozen meat of goats and sheep (except lambs),
                    and (3) prepared and preserved beef and veal
                    (except sausage) if articles are prepared,
                    whether fresh, chilled, or frozen, but not
                    otherwise preserved, that are the products of
                    such countries.''.
                        (2) Section 4 of such order is amended by
                    striking out ``the Secretary of State'' and
                    inserting in lieu thereof ``the United States
                    Trade Representative''.
                (c) The last sentence of section 1 (a) of Executive
            Order 11651 of March 3, 1972, as amended, is amended to
            read as follows: ``The United States Trade
            Representative, or his designee, also shall be a member
            of the Committee.''.
                (d) The first sentence of section 3 of Executive
            Order 11703 of February 7, 1973, is amended to read as
            follows: ``The Oil Policy Committee shall henceforth
            consist of the United States Trade Representative,
            chair, and the Secretaries of State, Treasury, Defense,
            the Interior, Commerce and Energy, the Attorney
            General, and the Chairman of the Council of Economic
            Advisers, as members.''.
                (e) Sections 2(b) and 3(a), the first sentence of
            section 3(c), and sections 3 (e), 3(f), and 6 of
            Executive Order 11846 of March 27, 1975, as amended,
            are revoked.
                (f) (1) Section l(a)(5) of Executive Order 11858 of
            May 7, 1975, is amended to read: ``(5) The United
            States Trade Representative''.
                        (2) Section 1(a) (6) of such order is
                    amended to read: ``(6) The Chairman of the
                    Council of Economic Advisers''.
                (g) Executive Order 12096 of November 2, 1978, is
            revoked.
                (h) The last paragraph of the Presidential
            Determination Regarding the Acceptance and Application
            of Certain International Trade Agreements (dated
            December 14, 1979) (44 FR 74781, at 74784; December 18,
            1979), delegating functions under section 2 (b) of the
            Trade Agreements Act of 1979 and section 701 (b) of the
            Tariff Act of 1930, is revoked.
                (i) Any reference to the Office of the Special
            Representative for Trade Negotiations or to the Special
            Representative for Trade Negotiations in any Executive
            order, Proclamation, or other document shall be deemed
            to refer to the Office of the United States Trade
            Representative or to the United States Trade
            Representative, respectively.

    SECTION 1-106. Incidental Transfers and Reassignments.
        So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds
    employed, used, held, available, or to be made available in
    connection with functions transferred or reassigned by the
    provisions of this order as the Director of the Office of
    Management and Budget shall determine shall be transferred or
    reassigned for use in connection with such functions.

    SECTION 1-107. Effective Dates.
                (a) Sections 1, 2(a), 2(b)(2), 2(c), 2(d), 3, 4,
            5(a), 5(b) (2), 5 (c) through (e), and 6 through 8 of
            Reorganization Plan No. 3 of 1979, and the provisions
            of this order, shall take effect as of January 2, 1980.
                (b) Section 5(b) (1) of such plan shall take effect
            as of April 1, 1980.

                             Executive Order 12208

                   Consultations on the Admission of Refugees

                  (As Amended by EO 12608, EO 13118, EO 13286)

    =======================================================================

    Signed:                              April 15, 1980
    Federal Register page and date:      45 FR 25789; April 16, 1980
    Amended by:                          EO 12608, September 9, 1987
                                         EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Refugee Act of 1980 (P.L. 96-212; 8 U.S.C. 1101
    note), the Immigration and Nationality Act, as amended (8
    U.S.C. 1101 et seq.), and Section 301 of Title 3 of the United
    States Code, it is hereby ordered as follows:

    1-101. Exclusive of the functions otherwise delegated, or
    reserved to the President, by this Order, there are hereby
    delegated to the Secretary of State and the Secretary of
    Homeland Security, or either of them, the functions of
    initiating and carrying out appropriate consultations with
    members of the Committees on the Judiciary of the Senate and of
    the House of Representatives for purposes of Sections 101 (a)
    (42) (B) and 207(a), (b), (d), and (e) of the Immigration and
    Nationality Act, as amended (8 U.S.C. 1101 (a) (42) (B) and
    1157(a), (b), (d), and (e)).

    1-102. There are reserved to the President the following
    functions under the Immigration and Nationality Act, as
    amended:
                (a) To specify special circumstances for purposes
            of qualifying persons as refugees under Section 101 (a)
            (42) (B).
                (b) To make determinations under Sections
            207(a)(1), 207(a)(2), 207(a) (3) and 207(b).
                (c) To fix the number of refugees to be admitted
            under Section 207(b).

    1-103. Except to the extent inconsistent with this Order, all
    actions previously taken pursuant to any function delegated or
    assigned by this Order shall be deemed to have been taken and
    authorized by this Order.

                             Executive Order 12260

                      Agreement on Government Procurement

           (As Amended by EO 12347, EO 12388, EO 12474, EO 13118, EO
                                     13284)

    =======================================================================

    Signed:                              December 31, 1980
    Federal Register page and date:      46 FR 1653; January 6, 1981
    Amended by:                          EO 12347, February 23, 1982
                                         EO 12388, October 14, 1982
                                         EO 12474, April 17, 1984
                                         EO 13118, March 31, 1999
                                         EO 13284, January 23, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and statutes of the United States of America,
    including Title III of the Trade Agreements Act of 1979 (19
    U.S.C. 2511-2518), and Section 301 of Title 3 of the United
    States Code, and in order to implement the Agreement on
    Government Procurement, as defined in 19 U.S.C. 2518(1), it is
    hereby ordered as follows:

    1-1. Responsibilities.

    1-101. The obligations of the Agreement on Government
    Procurement (Agreement on Government Procurement, General
    Agreement on Tariffs and Trade, 12 April 1979, Geneva (GATT
    1979)) apply to any procurement of eligible products by the
    Executive agencies listed in the Annex to this Order (eligible
    products are defined in Section 308 of the Trade Agreements Act
    of 1979; 19 U.S.C. 2518(4)). Such procurement shall be in
    accord with the policies and procedures of the Office of
    Federal Procurement Policy (41 U.S.C. 401 et seq.).

    1-102. The United States Trade Representative, hereinafter
    referred to as the Trade Representative, shall be responsible
    for interpretation of the Agreement. The Trade Representative
    shall seek the advice of the interagency organization
    established under Section 242(a) of the Trade Expansion Act of
    1962 (19 U.S.C. 1872(a)) and consult with affected Executive
    agencies, including the Office of Federal Procurement Policy.

    1-103. The interpretation of Article VIII:1 of the Agreement
    shall be subject to the concurrence of the Secretary of
    Defense.

    1-104. The Trade Representative shall determine, from time to
    time, the dollar equivalent of 150,000 Special Drawing Right
    units and shall publish that determination in the Federal
    Register. Procurement of less than 150,000 Special Drawing
    Right units is not subject to the Agreement or this Order
    (Article I:1(b) of the Agreement).

    1-105. In order to ensure coordination of international trade
    policy with regard to the implementation of the Agreement,
    agencies shall consult in advance with the Trade Representative
    about negotiations with foreign governments or
    instrumentalities which concern government procurement.

    1-2. Delegations and Authorization.

    1-201. The functions vested in the President by Sections 301,
    302, 304, 305(c) and 306 of the Trade Agreements Act of 1979
    (19 U.S.C. 2511, 2512, 2514, 2515(c) and 2516) are delegated to
    the Trade Representative.

    1-202. Notwithstanding the delegation in Section 1-201, the
    Secretary of Defense is authorized, in accord with Section
    302(b)(3) of the Trade Agreements Act of 1979 (19 U.S.C.
    2512(b)(3), to waive the prohibitions specified therein.

    Annex
            1. ACTION
            2. Administrative Conference of the United States
            3. American Battle Monuments Commission
            4. Board for International Broadcasting
            5. Civil Aeronautics Board1
            6. Commission on Civil Rights
            7. Commodity Futures Trading Commission
            8. Consumer Product Safety Commission
            9.  LDepartment of Agriculture (The Agreement on
            Government Procurement does not apply to procurement of
            agricultural products made in furtherance of
            agricultural support programs or human feeding
            programs)
            10. Department of Commerce
            11. Department of Defense (Excludes Corps of Engineers)
            12. Department of Education
            13. Department of Health and Human Services
            14. Department of Homeland Security
            15. Department of Housing and Urban Development
            16. LDepartment of the Interior (Excludes the Bureau of
            Reclamation
            17. Department of Justice
            18. Department of Labor
            19. Department of State
            20. Department of the Treasury
            21. Environmental Protection Agency
            22. Equal Employment Opportunity Commission
            23. Executive Office of the President
            24. Export-Import Bank of the United States
            25. Farm Credit Administration
            26. Federal Communications Commission
            27. Federal Deposit Insurance Corporation
            28. Federal Home Loan Bank Board
            29. Federal Maritime Commission
            30. Federal Mediation and Conciliation Service
            31. Federal Trade Commission
            32. LGeneral Services Administration (Purchases by the
            Tools Commodity Center, and the Region 9 Office in San
            Francisco, California are not included)
            33. Interstate Commerce Commission
            34. Merit Systems Protection Board
            35. National Aeronautics and Space Administration
            36. National Credit Union Administration
            37. National Labor Relations Board
            38. National Mediation Board
            39. National Science Foundation
            40. National Transportation Safety Board
            41. Nuclear Regulatory Commission
            42. Office of Personnel Management
            43. Overseas Private Investment Corporation
            44. Panama Canal Commission
            45. Railroad Retirement Board
            46. Securities and Exchange Commission
            47. Selective Service System
            48. Smithsonian Institution
            49. United States Arms Control and Disarmament Agency
            50. United States Information Agency
            51. United States Agency for International Development
            52. United States International Trade Commission
            53. Veterans Administration
            54. LMaritime Administration of the Department of
            Transportation
            55. The Peace Corps

    =======================================================================

                           Executive Orders Issued by

                            President Ronald Reagan

                                  (1981-1989)

                          Executive Orders 12333-12657

    =======================================================================

                             Executive Order 12333

                     United States Intelligence Activities

                  (As amended by EO 13284, EO 13355, EO 13470)

    =======================================================================

    Signed:                              December 4, 1981
    Federal Register page and date:      46 FR 59941; December 8, 1981
    Amends:                              EO 12139, May 23, 1979
    Amended by:                          EO 13284, January 23, 2003;
                                         EO 13355, August 27, 2004;
                                         EO 13470, July 30, 2008
    Revokes:                             EO 12036, January 24, 1978

    =======================================================================

    PREAMBLE
        Timely, accurate, and insightful information about the
    activities, capabilities, plans, and intentions of foreign
    powers, organizations, and persons, and their agents, is
    essential to the national security of the United States. All
    reasonable and lawful means must be used to ensure that the
    United States will receive the best intelligence possible. For
    that purpose, by virtue of the authority vested in me by the
    Constitution and the laws of the United States of America,
    including the National Security Act of 1947, as amended, (Act)
    and as President of the United States of America, in order to
    provide for the effective conduct of United States intelligence
    activities and the protection of constitutional rights, it is
    hereby ordered as follows:

    PART 1 Goals, Directions, Duties, and Responsibilities with Respect to
                       United States Intelligence Efforts

    1.1 Goals. The United States intelligence effort shall provide
    the President, the National Security Council, and the Homeland
    Security Council with the necessary information on which to
    base decisions concerning the development and conduct of
    foreign, defense, and economic policies, and the protection of
    United States national interests from foreign security threats.
    All departments and agencies shall cooperate fully to fulfill
    this goal.
                (a) All means, consistent with applicable Federal
            law and this order, and with full consideration of the
            rights of United States persons, shall be used to
            obtain reliable intelligence information to protect the
            United States and its interests.
                (b) The United States Government has a solemn
            obligation, and shall continue in the conduct of
            intelligence activities under this order, to protect
            fully the legal rights of all United States persons,
            including freedoms, civil liberties, and privacy rights
            guaranteed by Federal law.
                (c) Intelligence collection under this order should
            be guided by the need for information to respond to
            intelligence priorities set by the President.
                (d) Special emphasis should be given to detecting
            and countering:
                        (1) Espionage and other threats and
                    activities directed by foreign powers or their
                    intelligence services against the United States
                    and its interests;
                        (2) Threats to the United States and its
                    interests from terrorism; and
                        (3) Threats to the United States and its
                    interests from the development, possession,
                    proliferation, or use of weapons of mass
                    destruction.
                (e) Special emphasis shall be given to the
            production of timely, accurate, and insightful reports,
            responsive to decision makers in the executive branch,
            that draw on all appropriate sources of information,
            including open source information, meet rigorous
            analytic standards, consider diverse analytic
            viewpoints, and accurately represent appropriate
            alternative views.
                (f) State, local, and tribal governments are
            critical partners in securing and defending the United
            States from terrorism and other threats to the United
            States and its interests. Our national intelligence
            effort should take into account the responsibilities
            and requirements of State, local, and tribal
            governments and, as appropriate, private sector
            entities, when undertaking the collection and
            dissemination of information and intelligence to
            protect the United States.
                (g) All departments and agencies have a
            responsibility to prepare and to provide intelligence
            in a manner that allows the full and free exchange of
            information, consistent with applicable law and
            presidential guidance.

    1.2 The National Security Council.
                (a) Purpose. The National Security Council (NSC)
            shall act as the highest ranking executive branch
            entity that provides support to the President for
            review of, guidance for, and direction to the conduct
            of all foreign intelligence, counterintelligence, and
            covert action, and attendant policies and programs.
                (b) Covert Action and Other Sensitive Intelligence
            Operations. The NSC shall consider and submit to the
            President a policy recommendation, including all
            dissents, on each proposed covert action and conduct a
            periodic review of ongoing covert action activities,
            including an evaluation of the effectiveness and
            consistency with current national policy of such
            activities and consistency with applicable legal
            requirements. The NSC shall perform such other
            functions related to covert action as the President may
            direct, but shall not undertake the conduct of covert
            actions. The NSC shall also review proposals for other
            sensitive intelligence operations.

    1.3 Director of National Intelligence. Subject to the
    authority, direction, and control of the President, the
    Director of National Intelligence (Director) shall serve as the
    head of the Intelligence Community, act as the principal
    adviser to the President, to the NSC, and to the Homeland
    Security Council for intelligence matters related to national
    security, and shall oversee and direct the implementation of
    the National Intelligence Program and execution of the National
    Intelligence Program budget. The Director will lead a unified,
    coordinated, and effective intelligence effort. In addition,
    the Director shall, in carrying out the duties and
    responsibilities under this section, take into account the
    views of the heads of departments containing an element of the
    Intelligence Community and of the Director of the Central
    Intelligence Agency.
                (a) Except as otherwise directed by the President
            or prohibited by law, the Director shall have access to
            all information and intelligence described in section
            1.5(a) of this order. For the purpose of access to and
            sharing of information and intelligence, the Director:
                        (1) Is hereby assigned the function under
                    section 3(5) of the Act, to determine that
                    intelligence, regardless of the source from
                    which derived and including information
                    gathered within or outside the United States,
                    pertains to more than one United States
                    Government agency; and
                        (2) Shall develop guidelines for how
                    information or intelligence is provided to or
                    accessed by the Intelligence Community in
                    accordance with section 1.5(a) of this order,
                    and for how the information or intelligence may
                    be used and shared by the Intelligence
                    Community. All guidelines developed in
                    accordance with this section shall be approved
                    by the Attorney General and, where applicable,
                    shall be consistent with guidelines issued
                    pursuant to section 1016 of the Intelligence
                    Reform and Terrorism Protection Act of 2004
                    (Public Law 108-458) (IRTPA).
                (b) In addition to fulfilling the obligations and
            responsibilities prescribed by the Act, the Director:
                        (1) Shall establish objectives, priorities,
                    and guidance for the Intelligence Community to
                    ensure timely and effective collection,
                    processing, analysis, and dissemination of
                    intelligence, of whatever nature and from
                    whatever source derived;
                        (2) May designate, in consultation with
                    affected heads of departments or Intelligence
                    Community elements, one or more Intelligence
                    Community elements to develop and to maintain
                    services of common concern on behalf of the
                    Intelligence Community if the Director
                    determines such services can be more
                    efficiently or effectively accomplished in a
                    consolidated manner;
                        (3) Shall oversee and provide advice to the
                    President and the NSC with respect to all
                    ongoing and proposed covert action programs;
                        (4) In regard to the establishment and
                    conduct of intelligence arrangements and
                    agreements with foreign governments and
                    international organizations:
                                (A) May enter into intelligence and
                            counterintelligence arrangements and
                            agreements with foreign governments and
                            international organizations;
                                (B) Shall formulate policies
                            concerning intelligence and
                            counterintelligence arrangements and
                            agreements with foreign governments and
                            international organizations; and
                                (C) Shall align and synchronize
                            intelligence and counterintelligence
                            foreign relationships among the
                            elements of the Intelligence Community
                            to further United States national
                            security, policy, and intelligence
                            objectives;
                        (5) Shall participate in the development of
                    procedures approved by the Attorney General
                    governing criminal drug intelligence activities
                    abroad to ensure that these activities are
                    consistent with foreign intelligence programs;
                        (6) Shall establish common security and
                    access standards for managing and handling
                    intelligence systems, information, and
                    products, with special emphasis on
                    facilitating:
                                (A) The fullest and most prompt
                            access to and dissemination of
                            information and intelligence
                            practicable, assigning the highest
                            priority to detecting, preventing,
                            preempting, and disrupting terrorist
                            threats and activities against the
                            United States, its interests, and
                            allies; and
                                (B) The establishment of standards
                            for an interoperable information
                            sharing enterprise that facilitates the
                            sharing of intelligence information
                            among elements of the Intelligence
                            Community;
                        (7) Shall ensure that appropriate
                    departments and agencies have access to
                    intelligence and receive the support needed to
                    perform independent analysis;
                        (8) Shall protect, and ensure that programs
                    are developed to protect, intelligence sources,
                    methods, and activities from unauthorized
                    disclosure;
                        (9) Shall, after consultation with the
                    heads of affected departments and agencies,
                    establish guidelines for Intelligence Community
                    elements for:
                                (A) Classification and
                            declassification of all intelligence
                            and intelligence-related information
                            classified under the authority of the
                            Director or the authority of the head
                            of a department or Intelligence
                            Community element; and
                                (B) Access to and dissemination of
                            all intelligence and intelligence-
                            related information, both in its final
                            form and in the form when initially
                            gathered, to include intelligence
                            originally classified by the head of a
                            department or Intelligence Community
                            element, except that access to and
                            dissemination of information concerning
                            United States persons shall be governed
                            by procedures developed in accordance
                            with Part 2 of this order;
                        (10) May, only with respect to Intelligence
                    Community elements, and after consultation with
                    the head of the originating Intelligence
                    Community element or the head of the
                    originating department, declassify, or direct
                    the declassification of, information or
                    intelligence relating to intelligence sources,
                    methods, and activities. The Director may only
                    delegate this authority to the Principal Deputy
                    Director of National Intelligence;
                        (11) May establish, operate, and direct one
                    or more national intelligence centers to
                    address intelligence priorities;
                        (12) May establish Functional Managers and
                    Mission Managers, and designate officers or
                    employees of the United States to serve in
                    these positions.
                                (A) Functional Managers shall
                            report to the Director concerning the
                            execution of their duties as Functional
                            Managers, and may be charged with
                            developing and implementing strategic
                            guidance, policies, and procedures for
                            activities related to a specific
                            intelligence discipline or set of
                            intelligence activities; set training
                            and tradecraft standards; and ensure
                            coordination within and across
                            intelligence disciplines and
                            Intelligence Community elements and
                            with related non-intelligence
                            activities. Functional Managers may
                            also advise the Director on: the
                            management of resources; policies and
                            procedures; collection capabilities and
                            gaps; processing and dissemination of
                            intelligence; technical architectures;
                            and other issues or activities
                            determined by the Director.
                                        (i) The Director of the
                                    National Security Agency is
                                    designated the Functional
                                    Manager for signals
                                    intelligence;
                                        (ii) The Director of the
                                    Central Intelligence Agency is
                                    designated the Functional
                                    Manager for human intelligence;
                                    and
                                        (iii) The Director of the
                                    National Geospatial-
                                    Intelligence Agency is
                                    designated the Functional
                                    Manager for geospatial
                                    intelligence.
                                (B) Mission Managers shall serve as
                            principal substantive advisors on all
                            or specified aspects of intelligence
                            related to designated countries,
                            regions, topics, or functional issues;
                        (13) Shall establish uniform criteria for
                    the determination of relative priorities for
                    the transmission of critical foreign
                    intelligence, and advise the Secretary of
                    Defense concerning the communications
                    requirements of the Intelligence Community for
                    the transmission of such communications;
                        (14) Shall have ultimate responsibility for
                    production and dissemination of intelligence
                    produced by the Intelligence Community and
                    authority to levy analytic tasks on
                    intelligence production organizations within
                    the Intelligence Community, in consultation
                    with the heads of the Intelligence Community
                    elements concerned;
                        (15) May establish advisory groups for the
                    purpose of obtaining advice from within the
                    Intelligence Community to carry out the
                    Director's responsibilities, to include
                    Intelligence Community executive management
                    committees composed of senior Intelligence
                    Community leaders. Advisory groups shall
                    consist of representatives from elements of the
                    Intelligence Community, as designated by the
                    Director, or other executive branch
                    departments, agencies, and offices, as
                    appropriate;
                        (16) Shall ensure the timely exploitation
                    and dissemination of data gathered by national
                    intelligence collection means, and ensure that
                    the resulting intelligence is disseminated
                    immediately to appropriate government elements,
                    including military commands;
                        (17) Shall determine requirements and
                    priorities for, and manage and direct the
                    tasking, collection, analysis, production, and
                    dissemination of, national intelligence by
                    elements of the Intelligence Community,
                    including approving requirements for collection
                    and analysis and resolving conflicts in
                    collection requirements and in the tasking of
                    national collection assets of Intelligence
                    Community elements (except when otherwise
                    directed by the President or when the Secretary
                    of Defense exercises collection tasking
                    authority under plans and arrangements approved
                    by the Secretary of Defense and the Director);
                        (18) May provide advisory tasking
                    concerning collection and analysis of
                    information or intelligence relevant to
                    national intelligence or national security to
                    departments, agencies, and establishments of
                    the United States Government that are not
                    elements of the Intelligence Community; and
                    shall establish procedures, in consultation
                    with affected heads of departments or agencies
                    and subject to approval by the Attorney
                    General, to implement this authority and to
                    monitor or evaluate the responsiveness of
                    United States Government departments, agencies,
                    and other establishments;
                        (19) Shall fulfill the responsibilities in
                    section 1.3(b)(17) and (18) of this order,
                    consistent with applicable law and with full
                    consideration of the rights of United States
                    persons, whether information is to be collected
                    inside or outside the United States;
                        (20) Shall ensure, through appropriate
                    policies and procedures, the deconfliction,
                    coordination, and integration of all
                    intelligence activities conducted by an
                    Intelligence Community element or funded by the
                    National Intelligence Program. In accordance
                    with these policies and procedures:
                                (A) The Director of the Federal
                            Bureau of Investigation shall
                            coordinate the clandestine collection
                            of foreign intelligence collected
                            through human sources or through human-
                            enabled means and counterintelligence
                            activities inside the United States;
                                (B) The Director of the Central
                            Intelligence Agency shall coordinate
                            the clandestine collection of foreign
                            intelligence collected through human
                            sources or through human-enabled means
                            and counterintelligence activities
                            outside the United States;
                                (C) All policies and procedures for
                            the coordination of counterintelligence
                            activities and the clandestine
                            collection of foreign intelligence
                            inside the United States shall be
                            subject to the approval of the Attorney
                            General; and
                                (D) All policies and procedures
                            developed under this section shall be
                            coordinated with the heads of affected
                            departments and Intelligence Community
                            elements;
                        (21) Shall, with the concurrence of the
                    heads of affected departments and agencies,
                    establish joint procedures to deconflict,
                    coordinate, and synchronize intelligence
                    activities conducted by an Intelligence
                    Community element or funded by the National
                    Intelligence Program, with intelligence
                    activities, activities that involve foreign
                    intelligence and security services, or
                    activities that involve the use of clandestine
                    methods, conducted by other United States
                    Government departments, agencies, and
                    establishments;
                        (22) Shall, in coordination with the heads
                    of departments containing elements of the
                    Intelligence Community, develop procedures to
                    govern major system acquisitions funded in
                    whole or in majority part by the National
                    Intelligence Program;
                        (23) Shall seek advice from the Secretary
                    of State to ensure that the foreign policy
                    implications of proposed intelligence
                    activities are considered, and shall ensure,
                    through appropriate policies and procedures,
                    that intelligence activities are conducted in a
                    manner consistent with the responsibilities
                    pursuant to law and presidential direction of
                    Chiefs of United States Missions; and
                        (24) Shall facilitate the use of
                    Intelligence Community products by the Congress
                    in a secure manner.
                (c) The Director's exercise of authorities in the
            Act and this order shall not abrogate the statutory or
            other responsibilities of the heads of departments of
            the United States Government or the Director of the
            Central Intelligence Agency. Directives issued and
            actions taken by the Director in the exercise of the
            Director's authorities and responsibilities to
            integrate, coordinate, and make the Intelligence
            Community more effective in providing intelligence
            related to national security shall be implemented by
            the elements of the Intelligence Community, provided
            that any department head whose department contains an
            element of the Intelligence Community and who believes
            that a directive or action of the Director violates the
            requirements of section 1018 of the IRTPA or this
            subsection shall bring the issue to the attention of
            the Director, the NSC, or the President for resolution
            in a manner that respects and does not abrogate the
            statutory responsibilities of the heads of the
            departments.
                (d) Appointments to certain positions.
                        (1) The relevant department or bureau head
                    shall provide recommendations and obtain the
                    concurrence of the Director for the selection
                    of: the Director of the National Security
                    Agency, the Director of the National
                    Reconnaissance Office, the Director of the
                    National Geospatial-Intelligence Agency, the
                    Under Secretary of Homeland Security for
                    Intelligence and Analysis, the Assistant
                    Secretary of State for Intelligence and
                    Research, the Director of the Office of
                    Intelligence and Counterintelligence of the
                    Department of Energy, the Assistant Secretary
                    for Intelligence and Analysis of the Department
                    of the Treasury, and the Executive Assistant
                    Director for the National Security Branch of
                    the Federal Bureau of Investigation. If the
                    Director does not concur in the recommendation,
                    the department head may not fill the vacancy or
                    make the recommendation to the President, as
                    the case may be. If the department head and the
                    Director do not reach an agreement on the
                    selection or recommendation, the Director and
                    the department head concerned may advise the
                    President directly of the Director's intention
                    to withhold concurrence.
                        (2) The relevant department head shall
                    consult with the Director before appointing an
                    individual to fill a vacancy or recommending to
                    the President an individual be nominated to
                    fill a vacancy in any of the following
                    positions: the Under Secretary of Defense for
                    Intelligence; the Director of the Defense
                    Intelligence Agency; uniformed heads of the
                    intelligence elements of the Army, the Navy,
                    the Air Force, and the Marine Corps above the
                    rank of Major General or Rear Admiral; the
                    Assistant Commandant of the Coast Guard for
                    Intelligence; and the Assistant Attorney
                    General for National Security.
                (e) Removal from certain positions.
                        (1) Except for the Director of the Central
                    Intelligence Agency, whose removal the Director
                    may recommend to the President, the Director
                    and the relevant department head shall consult
                    on the removal, or recommendation to the
                    President for removal, as the case may be, of:
                    the Director of the National Security Agency,
                    the Director of the National Geospatial-
                    Intelligence Agency, the Director of the
                    Defense Intelligence Agency, the Under
                    Secretary of Homeland Security for Intelligence
                    and Analysis, the Assistant Secretary of State
                    for Intelligence and Research, and the
                    Assistant Secretary for Intelligence and
                    Analysis of the Department of the Treasury. If
                    the Director and the department head do not
                    agree on removal, or recommendation for
                    removal, either may make a recommendation to
                    the President for the removal of the
                    individual.
                        (2) The Director and the relevant
                    department or bureau head shall consult on the
                    removal of: the Executive Assistant Director
                    for the National Security Branch of the Federal
                    Bureau of Investigation, the Director of the
                    Office of Intelligence and Counterintelligence
                    of the Department of Energy, the Director of
                    the National Reconnaissance Office, the
                    Assistant Commandant of the Coast Guard for
                    Intelligence, and the Under Secretary of
                    Defense for Intelligence. With respect to an
                    individual appointed by a department head, the
                    department head may remove the individual upon
                    the request of the Director; if the department
                    head chooses not to remove the individual,
                    either the Director or the department head may
                    advise the President of the department head's
                    intention to retain the individual. In the case
                    of the Under Secretary of Defense for
                    Intelligence, the Secretary of Defense may
                    recommend to the President either the removal
                    or the retention of the individual. For
                    uniformed heads of the intelligence elements of
                    the Army, the Navy, the Air Force, and the
                    Marine Corps, the Director may make a
                    recommendation for removal to the Secretary of
                    Defense.
                        (3) Nothing in this subsection shall be
                    construed to limit or otherwise affect the
                    authority of the President to nominate,
                    appoint, assign, or terminate the appointment
                    or assignment of any individual, with or
                    without a consultation, recommendation, or
                    concurrence.

    1.4 The Intelligence Community. Consistent with applicable
    Federal law and with the other provisions of this order, and
    under the leadership of the Director, as specified in such law
    and this order, the Intelligence Community shall:
                (a) Collect and provide information needed by the
            President and, in the performance of executive
            functions, the Vice President, the NSC, the Homeland
            Security Council, the Chairman of the Joint Chiefs of
            Staff, senior military commanders, and other executive
            branch officials and, as appropriate, the Congress of
            the United States;
                (b) In accordance with priorities set by the
            President, collect information concerning, and conduct
            activities to protect against, international terrorism,
            proliferation of weapons of mass destruction,
            intelligence activities directed against the United
            States, international criminal drug activities, and
            other hostile activities directed against the United
            States by foreign powers, organizations, persons, and
            their agents;
                (c) Analyze, produce, and disseminate intelligence;
                (d) Conduct administrative, technical, and other
            support activities within the United States and abroad
            necessary for the performance of authorized activities,
            to include providing services of common concern for the
            Intelligence Community as designated by the Director in
            accordance with this order;
                (e) Conduct research, development, and procurement
            of technical systems and devices relating to authorized
            functions and missions or the provision of services of
            common concern for the Intelligence Community;
                (f) Protect the security of intelligence related
            activities, information, installations, property, and
            employees by appropriate means, including such
            investigations of applicants, employees, contractors,
            and other persons with similar associations with the
            Intelligence Community elements as are necessary;
                (g) Take into account State, local, and tribal
            governments' and, as appropriate, private sector
            entities' information needs relating to national and
            homeland security;
                (h) Deconflict, coordinate, and integrate all
            intelligence activities and other information gathering
            in accordance with section 1.3(b)(20) of this order;
            and
                (i) Perform such other functions and duties related
            to intelligence activities as the President may direct.

    1.5 Duties and Responsibilities of the Heads of Executive
    Branch Departments and Agencies. The heads of all departments
    and agencies shall:
                (a) Provide the Director access to all information
            and intelligence relevant to the national security or
            that otherwise is required for the performance of the
            Director's duties, to include administrative and other
            appropriate management information, except such
            information excluded by law, by the President, or by
            the Attorney General acting under this order at the
            direction of the President;
                (b) Provide all programmatic and budgetary
            information necessary to support the Director in
            developing the National Intelligence Program;
                (c) Coordinate development and implementation of
            intelligence systems and architectures and, as
            appropriate, operational systems and architectures of
            their departments, agencies, and other elements with
            the Director to respond to national intelligence
            requirements and all applicable information sharing and
            security guidelines, information privacy, and other
            legal requirements;
                (d) Provide, to the maximum extent permitted by
            law, subject to the availability of appropriations and
            not inconsistent with the mission of the department or
            agency, such further support to the Director as the
            Director may request, after consultation with the head
            of the department or agency, for the performance of the
            Director's functions;
                (e) Respond to advisory tasking from the Director
            under section 1.3(b)(18) of this order to the greatest
            extent possible, in accordance with applicable policies
            established by the head of the responding department or
            agency;
                (f) Ensure that all elements within the department
            or agency comply with the provisions of Part 2 of this
            order, regardless of Intelligence Community
            affiliation, when performing foreign intelligence and
            counterintelligence functions;
                (g) Deconflict, coordinate, and integrate all
            intelligence activities in accordance with section
            1.3(b)(20), and intelligence and other activities in
            accordance with section 1.3(b)(21) of this order;
                (h) Inform the Attorney General, either directly or
            through the Federal Bureau of Investigation, and the
            Director of clandestine collection of foreign
            intelligence and counterintelligence activities inside
            the United States not coordinated with the Federal
            Bureau of Investigation;
                (i) Pursuant to arrangements developed by the head
            of the department or agency and the Director of the
            Central Intelligence Agency and approved by the
            Director, inform the Director and the Director of the
            Central Intelligence Agency, either directly or through
            his designee serving outside the United States, as
            appropriate, of clandestine collection of foreign
            intelligence collected through human sources or through
            human-enabled means outside the United States that has
            not been coordinated with the Central Intelligence
            Agency; and
                (j) Inform the Secretary of Defense, either
            directly or through his designee, as appropriate, of
            clandestine collection of foreign intelligence outside
            the United States in a region of combat or contingency
            military operations designated by the Secretary of
            Defense, for purposes of this paragraph, after
            consultation with the Director of National
            Intelligence.

    1.6 Heads of Elements of the Intelligence Community. The heads
    of elements of the Intelligence Community shall:
                (a) Provide the Director access to all information
            and intelligence relevant to the national security or
            that otherwise is required for the performance of the
            Director's duties, to include administrative and other
            appropriate management information, except such
            information excluded by law, by the President, or by
            the Attorney General acting under this order at the
            direction of the President;
                (b) Report to the Attorney General possible
            violations of Federal criminal laws by employees and of
            specified Federal criminal laws by any other person as
            provided in procedures agreed upon by the Attorney
            General and the head of the department, agency, or
            establishment concerned, in a manner consistent with
            the protection of intelligence sources and methods, as
            specified in those procedures;
                (c) Report to the Intelligence Oversight Board,
            consistent with Executive Order 13462 of February 29,
            2008, and provide copies of all such reports to the
            Director, concerning any intelligence activities of
            their elements that they have reason to believe may be
            unlawful or contrary to executive order or presidential
            directive;
                (d) Protect intelligence and intelligence sources,
            methods, and activities from unauthorized disclosure in
            accordance with guidance from the Director;
                (e) Facilitate, as appropriate, the sharing of
            information or intelligence, as directed by law or the
            President, to State, local, tribal, and private sector
            entities;
                (f) Disseminate information or intelligence to
            foreign governments and international organizations
            under intelligence or counterintelligence arrangements
            or agreements established in accordance with section
            1.3(b)(4) of this order;
                (g)Participate in the development of procedures
            approved by the Attorney General governing production
            and dissemination of information or intelligence
            resulting from criminal drug intelligence activities
            abroad if they have intelligence responsibilities for
            foreign or domestic criminal drug production and
            trafficking; and
                (h) Ensure that the inspectors general, general
            counsels, and agency officials responsible for privacy
            or civil liberties protection for their respective
            organizations have access to any information or
            intelligence necessary to perform their official
            duties.

    1.7 Intelligence Community Elements. Each element of the
    Intelligence Community shall have the duties and
    responsibilities specified below, in addition to those
    specified by law or elsewhere in this order. Intelligence
    Community elements within executive departments shall serve the
    information and intelligence needs of their respective heads of
    departments and also shall operate as part of an integrated
    Intelligence Community, as provided in law or this order.
                (a) The Central Intelligence Agency. The Director
            of the Central Intelligence Agency shall:
                        (1) Collect (including through clandestine
                    means), analyze, produce, and disseminate
                    foreign intelligence and counterintelligence;
                        (2) Conduct counterintelligence activities
                    without assuming or performing any internal
                    security functions within the United States;
                        (3) Conduct administrative and technical
                    support activities within and outside the
                    United States as necessary for cover and
                    proprietary arrangements;
                        (4) Conduct covert action activities
                    approved by the President. No agency except the
                    Central Intelligence Agency (or the Armed
                    Forces of the United States in time of war
                    declared by the Congress or during any period
                    covered by a report from the President to the
                    Congress consistent with the War Powers
                    Resolution, Public Law 93-148) may conduct any
                    covert action activity unless the President
                    determines that another agency is more likely
                    to achieve a particular objective;
                        (5) Conduct foreign intelligence liaison
                    relationships with intelligence or security
                    services of foreign governments or
                    international organizations consistent with
                    section 1.3(b)(4) of this order;
                        (6) Under the direction and guidance of the
                    Director, and in accordance with section
                    1.3(b)(4) of this order, coordinate the
                    implementation of intelligence and
                    counterintelligence relationships between
                    elements of the Intelligence Community and the
                    intelligence or security services of foreign
                    governments or international organizations; and
                        (7) Perform such other functions and duties
                    related to intelligence as the Director may
                    direct.
                (b) The Defense Intelligence Agency. The Director
            of the Defense Intelligence Agency shall:
                        (1) Collect (including through clandestine
                    means), analyze, produce, and disseminate
                    foreign intelligence and counterintelligence to
                    support national and departmental missions;
                        (2) Collect, analyze, produce, or, through
                    tasking and coordination, provide defense and
                    defense-related intelligence for the Secretary
                    of Defense, the Chairman of the Joint Chiefs of
                    Staff, combatant commanders, other Defense
                    components, and non-Defense agencies;(3)
                    Conduct counterintelligence activities;
                        (4) Conduct administrative and technical
                    support activities within and outside the
                    United States as necessary for cover and
                    proprietary arrangements;
                        (5) Conduct foreign defense intelligence
                    liaison relationships and defense intelligence
                    exchange programs with foreign defense
                    establishments, intelligence or security
                    services of foreign governments, and
                    international organizations in accordance with
                    sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of
                    this order;
                        (6) Manage and coordinate all matters
                    related to the Defense Attache system; and
                        (7) Provide foreign intelligence and
                    counterintelligence staff support as directed
                    by the Secretary of Defense.
                (c) The National Security Agency. The Director of
            the National Security Agency shall:
                        (1) Collect (including through clandestine
                    means), process, analyze, produce, and
                    disseminate signals intelligence information
                    and data for foreign intelligence and
                    counterintelligence purposes to support
                    national and departmental missions;
                        (2) Establish and operate an effective
                    unified organization for signals intelligence
                    activities, except for the delegation of
                    operational control over certain operations
                    that are conducted through other elements of
                    the Intelligence Community. No other department
                    or agency may engage in signals intelligence
                    activities except pursuant to a delegation by
                    the Secretary of Defense, after coordination
                    with the Director;
                        (3) Control signals intelligence collection
                    and processing activities, including assignment
                    of resources to an appropriate agent for such
                    periods and tasks as required for the direct
                    support of military commanders;
                        (4) Conduct administrative and technical
                    support activities within and outside the
                    United States as necessary for cover
                    arrangements;
                        (5) Provide signals intelligence support
                    for national and departmental requirements and
                    for the conduct of military operations;
                        (6) Act as the National Manager for
                    National Security Systems as established in law
                    and policy, and in this capacity be responsible
                    to the Secretary of Defense and to the
                    Director;
                        (7) Prescribe, consistent with section
                    102A(g) of the Act, within its field of
                    authorized operations, security regulations
                    covering operating practices, including the
                    transmission, handling, and distribution of
                    signals intelligence and communications
                    security material within and among the elements
                    under control of the Director of the National
                    Security Agency, and exercise the necessary
                    supervisory control to ensure compliance with
                    the regulations; and
                        (8) Conduct foreign cryptologic liaison
                    relationships in accordance with sections
                    1.3(b)(4), 1.7(a)(6), and 1.10(i) of this
                    order.
                (d) The National Reconnaissance Office. The
            Director of the National Reconnaissance Office shall:
                        (1) Be responsible for research and
                    development, acquisition, launch, deployment,
                    and operation of overhead systems and related
                    data processing facilities to collect
                    intelligence and information to support
                    national and departmental missions and other
                    United States Government needs; and
                        (2) Conduct foreign liaison relationships
                    relating to the above missions, in accordance
                    with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i)
                    of this order.
                (e) The National Geospatial-Intelligence Agency.
            The Director of the National Geospatial-Intelligence
            Agency shall:
                        (1) Collect, process, analyze, produce, and
                    disseminate geospatial intelligence information
                    and data for foreign intelligence and
                    counterintelligence purposes to support
                    national and departmental missions;
                        (2) Provide geospatial intelligence support
                    for national and departmental requirements and
                    for the conduct of military operations;
                        (3) Conduct administrative and technical
                    support activities within and outside the
                    United States as necessary for cover
                    arrangements; and
                        (4) Conduct foreign geospatial intelligence
                    liaison relationships, in accordance with
                    sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of
                    this order.
                (f) The Intelligence and Counterintelligence
            Elements of the Army, Navy, Air Force, And Marine
            Corps. The Commanders and heads of the intelligence and
            counterintelligence elements of the Army, Navy, Air
            Force, and Marine Corps shall:
                        (1) Collect (including through clandestine
                    means), produce, analyze, and disseminate
                    defense and defense-related intelligence and
                    counterintelligence to support departmental
                    requirements, and, as appropriate, national
                    requirements;
                        (2) Conduct counterintelligence activities;
                        (3) Monitor the development, procurement,
                    and management of tactical intelligence systems
                    and equipment and conduct related research,
                    development, and test and evaluation
                    activities; and
                        (4) Conduct military intelligence liaison
                    relationships and military intelligence
                    exchange programs with selected cooperative
                    foreign defense establishments and
                    international organizations in accordance with
                    sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of
                    this order.
                (g) Intelligence Elements of the Federal Bureau of
            Investigation. Under the supervision of the Attorney
            General and pursuant to such regulations as the
            Attorney General may establish, the intelligence
            elements of the Federal Bureau of Investigation shall:
                        (1) Collect (including through clandestine
                    means), analyze, produce, and disseminate
                    foreign intelligence and counterintelligence to
                    support national and departmental missions, in
                    accordance with procedural guidelines approved
                    by the Attorney General, after consultation
                    with the Director;
                        (2) Conduct counterintelligence activities;
                    and
                        (3) Conduct foreign intelligence and
                    counterintelligence liaison relationships with
                    intelligence, security, and law enforcement
                    services of foreign governments or
                    international organizations in accordance with
                    sections 1.3(b)(4) and 1.7(a)(6) of this order.
                (h) The Intelligence and Counterintelligence
            Elements of the Coast Guard. The Commandant of the
            Coast Guard shall:
                        (1) Collect (including through clandestine
                    means), analyze, produce, and disseminate
                    foreign intelligence and counterintelligence
                    including defense and defense-related
                    information and intelligence to support
                    national and departmental missions;
                        (2) Conduct counterintelligence activities;
                        (3) Monitor the development, procurement,
                    and management of tactical intelligence systems
                    and equipment and conduct related research,
                    development, and test and evaluation
                    activities; and
                        (4) Conduct foreign intelligence liaison
                    relationships and intelligence exchange
                    programs with foreign intelligence services,
                    security services or international
                    organizations in accordance with sections
                    1.3(b)(4), 1.7(a)(6), and, when operating as
                    part of the Department of Defense, 1.10(i) of
                    this order.
                (i) The Bureau of Intelligence and Research,
            Department of State; the Office of Intelligence and
            Analysis, Department of the Treasury; the Office of
            National Security Intelligence, Drug Enforcement
            Administration; the Office of Intelligence and
            Analysis, Department of Homeland Security; and the
            Office of Intelligence and Counterintelligence,
            Department of Energy. The heads of the Bureau of
            Intelligence and Research, Department of State; the
            Office of Intelligence and Analysis, Department of the
            Treasury; the Office of National Security Intelligence,
            Drug Enforcement Administration; the Office of
            Intelligence and Analysis, Department of Homeland
            Security; and the Office of Intelligence and
            Counterintelligence, Department of Energy shall:
                        (1) Collect (overtly or through publicly
                    available sources), analyze, produce, and
                    disseminate information, intelligence, and
                    counterintelligence to support national and
                    departmental missions; and
                        (2) Conduct and participate in analytic or
                    information exchanges with foreign partners and
                    international organizations in accordance with
                    sections 1.3(b)(4) and 1.7(a)(6) of this order.
                (j) The Office of the Director of National
            Intelligence. The Director shall collect (overtly or
            through publicly available sources), analyze, produce,
            and disseminate information, intelligence, and
            counterintelligence to support the missions of the
            Office of the Director of National Intelligence,
            including the National Counterterrorism Center, and to
            support other national missions.

    1.8 The Department of State. In addition to the authorities
    exercised by the Bureau of Intelligence and Research under
    sections 1.4 and 1.7(i) of this order, the Secretary of State
    shall:
                (a) Collect (overtly or through publicly available
            sources) information relevant to United States foreign
            policy and national security concerns;
                (b) Disseminate, to the maximum extent possible,
            reports received from United States diplomatic and
            consular posts;
                (c) Transmit reporting requirements and advisory
            taskings of the Intelligence Community to the Chiefs of
            United States Missions abroad; and
                (d) Support Chiefs of United States Missions in
            discharging their responsibilities pursuant to law and
            presidential direction.

    1.9 The Department of the Treasury. In addition to the
    authorities exercised by the Office of Intelligence and
    Analysis of the Department of the Treasury under sections 1.4
    and 1.7(i) of this order the Secretary of the Treasury shall
    collect (overtly or through publicly available sources) foreign
    financial information and, in consultation with the Department
    of State, foreign economic information.

    1.10 The Department of Defense. The Secretary of Defense shall:
                (a) Collect (including through clandestine means),
            analyze, produce, and disseminate information and
            intelligence and be responsive to collection tasking
            and advisory tasking by the Director;
                (b) Collect (including through clandestine means),
            analyze, produce, and disseminate defense and defense-
            related intelligence and counterintelligence, as
            required for execution of the Secretary's
            responsibilities;
                (c) Conduct programs and missions necessary to
            fulfill national, departmental, and tactical
            intelligence requirements;
                (d) Conduct counterintelligence activities in
            support of Department of Defense components and
            coordinate counterintelligence activities in accordance
            with section 1.3(b)(20) and (21) of this order;
                (e) Act, in coordination with the Director, as the
            executive agent of the United States Government for
            signals intelligence activities;
                (f) Provide for the timely transmission of critical
            intelligence, as defined by the Director, within the
            United States Government;
                (g) Carry out or contract for research,
            development, and procurement of technical systems and
            devices relating to authorized intelligence functions;
                (h) Protect the security of Department of Defense
            installations, activities, information, property, and
            employees by appropriate means, including such
            investigations of applicants, employees, contractors,
            and other persons with similar associations with the
            Department of Defense as are necessary;
                (i) Establish and maintain defense intelligence
            relationships and defense intelligence exchange
            programs with selected cooperative foreign defense
            establishments, intelligence or security services of
            foreign governments, and international organizations,
            and ensure that such relationships and programs are in
            accordance with sections 1.3(b)(4), 1.3(b)(21) and
            1.7(a)(6) of this order;
                (j) Conduct such administrative and technical
            support activities within and outside the United States
            as are necessary to provide for cover and proprietary
            arrangements, to perform the functions described in
            sections (a) though (i) above, and to support the
            Intelligence Community elements of the Department of
            Defense; and
                (k) Use the Intelligence Community elements within
            the Department of Defense identified in section 1.7(b)
            through (f) and, when the Coast Guard is operating as
            part of the Department of Defense,
                (h) above to carry out the Secretary of Defense's
            responsibilities assigned in this section or other
            departments, agencies, or offices within the Department
            of Defense, as appropriate, to conduct the intelligence
            missions and responsibilities assigned to the Secretary
            of Defense.

    1.11 The Department of Homeland Security. In addition to the
    authorities exercised by the Office of Intelligence and
    Analysis of the Department of Homeland Security under sections
    1.4 and 1.7(i) of this order, the Secretary of Homeland
    Security shall conduct, through the United States Secret
    Service, activities to determine the existence and capability
    of surveillance equipment being used against the President or
    the Vice President of the United States, the Executive Office
    of the President, and, as authorized by the Secretary of
    Homeland Security or the President, other Secret Service
    protectees and United States officials. No information shall be
    acquired intentionally through such activities except to
    protect against use of such surveillance equipment, and those
    activities shall be conducted pursuant to procedures agreed
    upon by the Secretary of Homeland Security and the Attorney
    General.

    1.12 The Department of Energy. In addition to the authorities
    exercised by the Office of Intelligence and Counterintelligence
    of the Department of Energy under sections 1.4 and 1.7(i) of
    this order, the Secretary of Energy shall:
                (a) Provide expert scientific, technical, analytic,
            and research capabilities to other agencies within the
            Intelligence Community, as appropriate;
                (b) Participate in formulating intelligence
            collection and analysis requirements where the special
            expert capability of the Department can contribute; and
                (c) Participate with the Department of State in
            overtly collecting information with respect to foreign
            energy matters.

    1.13 The Federal Bureau of Investigation. In addition to the
    authorities exercised by the intelligence elements of the
    Federal Bureau of Investigation of the Department of Justice
    under sections 1.4 and 1.7(g) of this order and under the
    supervision of the Attorney General and pursuant to such
    regulations as the Attorney General may establish, the Director
    of the Federal Bureau of Investigation shall provide technical
    assistance, within or outside the United States, to foreign
    intelligence and law enforcement services, consistent with
    section 1.3(b)(20) and (21) of this order, as may be necessary
    to support national or departmental missions.

                   PART 2 Conduct of Intelligence Activities

    2.1 Need. Timely, accurate, and insightful information about
    the activities, capabilities, plans, and intentions of foreign
    powers, organizations, and persons, and their agents, is
    essential to informed decisionmaking in the areas of national
    security, national defense, and foreign relations. Collection
    of such information is a priority objective and will be pursued
    in a vigorous, innovative, and responsible manner that is
    consistent with the Constitution and applicable law and
    respectful of the principles upon which the United States was
    founded.

    2.2 Purpose. This Order is intended to enhance human and
    technical collection techniques, especially those undertaken
    abroad, and the acquisition of significant foreign
    intelligence, as well as the detection and countering of
    international terrorist activities, the spread of weapons of
    mass destruction, and espionage conducted by foreign powers.
    Set forth below are certain general principles that, in
    addition to and consistent with applicable laws, are intended
    to achieve the proper balance between the acquisition of
    essential information and protection of individual interests.
    Nothing in this Order shall be construed to apply to or
    interfere with any authorized civil or criminal law enforcement
    responsibility of any department or agency.

    2.3 Collection of information. Elements of the Intelligence
    Community are authorized to collect, retain, or disseminate
    information concerning United States persons only in accordance
    with procedures established by the head of the Intelligence
    Community element concerned or by the head of a department
    containing such element and approved by the Attorney General,
    consistent with the authorities provided by Part 1 of this
    Order, after consultation with the Director. Those procedures
    shall permit collection, retention, and dissemination of the
    following types of information:
                (a) Information that is publicly available or
            collected with the consent of the person concerned;
                (b) Information constituting foreign intelligence
            or counterintelligence, including such information
            concerning corporations or other commercial
            organizations. Collection within the United States of
            foreign intelligence not otherwise obtainable shall be
            undertaken by the Federal Bureau of Investigation (FBI)
            or, when significant foreign intelligence is sought, by
            other authorized elements of the Intelligence
            Community, provided that no foreign intelligence
            collection by such elements may be undertaken for the
            purpose of acquiring information concerning the
            domestic activities of United States persons;
                (c) Information obtained in the course of a lawful
            foreign intelligence, counterintelligence,
            international drug or international terrorism
            investigation;
                (d) Information needed to protect the safety of any
            persons or organizations, including those who are
            targets, victims, or hostages of international
            terrorist organizations;
                (e) Information needed to protect foreign
            intelligence or counterintelligence sources, methods,
            and activities from unauthorized disclosure. Collection
            within the United States shall be undertaken by the FBI
            except that other elements of the Intelligence
            Community may also collect such information concerning
            present or former employees, present or former
            intelligence element contractors or their present or
            former employees, or applicants for such employment or
            contracting;
                (f) Information concerning persons who are
            reasonably believed to be potential sources or contacts
            for the purpose of determining their suitability or
            credibility;
                (g) Information arising out of a lawful personnel,
            physical, or communications security investigation;
                (h) Information acquired by overhead reconnaissance
            not directed at specific United States persons;
                (i) Incidentally obtained information that may
            indicate involvement in activities that may violate
            Federal, state, local, or foreign laws; and
                (j) Information necessary for administrative
            purposes.
                    In addition, elements of the Intelligence
            Community may disseminate information to each
            appropriate element within the Intelligence Community
            for purposes of allowing the recipient element to
            determine whether the information is relevant to its
            responsibilities and can be retained by it, except that
            information derived from signals intelligence may only
            be disseminated or made available to Intelligence
            Community elements in accordance with procedures
            established by the Director in coordination with the
            Secretary of Defense and approved by the Attorney
            General.

    2.4 Collection Techniques. Elements of the Intelligence
    Community shall use the least intrusive collection techniques
    feasible within the United States or directed against United
    States persons abroad. Elements of the Intelligence Community
    are not authorized to use such techniques as electronic
    surveillance, unconsented physical searches, mail surveillance,
    physical surveillance, or monitoring devices unless they are in
    accordance with procedures established by the head of the
    Intelligence Community element concerned or the head of a
    department containing such element and approved by the Attorney
    General, after consultation with the Director. Such procedures
    shall protect constitutional and other legal rights and limit
    use of such information to lawful governmental purposes. These
    procedures shall not authorize:
                (a) The Central Intelligence Agency (CIA) to engage
            in electronic surveillance within the United States
            except for the purpose of training, testing, or
            conducting countermeasures to hostile electronic
            surveillance;
                (b) Unconsented physical searches in the United
            States by elements of the Intelligence Community other
            than the FBI, except for:
                        (1) Searches by counterintelligence
                    elements of the military services directed
                    against military personnel within the United
                    States or abroad for intelligence purposes,
                    when authorized by a military commander
                    empowered to approve physical searches for law
                    enforcement purposes, based upon a finding of
                    probable cause to believe that such persons are
                    acting as agents of foreign powers; and
                        (2) Searches by CIA of personal property of
                    non-United States persons lawfully in its
                    possession;
                (c) Physical surveillance of a United States person
            in the United States by elements of the Intelligence
            Community other than the FBI, except for:
                        (1) Physical surveillance of present or
                    former employees, present or former
                    intelligence element contractors or their
                    present or former employees, or applicants for
                    any such employment or contracting; and
                        (2) Physical surveillance of a military
                    person employed by a non-intelligence element
                    of a military service; and
                (d) Physical surveillance of a United States person
            abroad to collect foreign intelligence, except to
            obtain significant information that cannot reasonably
            be acquired by other means.

    2.5 Attorney General Approval. The Attorney General hereby is
    delegated the power to approve the use for intelligence
    purposes, within the United States or against a United States
    person abroad, of any technique for which a warrant would be
    required if undertaken for law enforcement purposes, provided
    that such techniques shall not be undertaken unless the
    Attorney General has determined in each case that there is
    probable cause to believe that the technique is directed
    against a foreign power or an agent of a foreign power. The
    authority delegated pursuant to this paragraph, including the
    authority to approve the use of electronic surveillance as
    defined in the Foreign Intelligence Surveillance Act of 1978,
    as amended, shall be exercised in accordance with that Act.

    2.6 Assistance to Law Enforcement and other Civil Authorities.
    Elements of the Intelligence Community are authorized to:
                (a) Cooperate with appropriate law enforcement
            agencies for the purpose of protecting the employees,
            information, property, and facilities of any element of
            the Intelligence Community;
                (b) Unless otherwise precluded by law or this
            Order, participate in law enforcement activities to
            investigate or prevent clandestine intelligence
            activities by foreign powers, or international
            terrorist or narcotics activities;
                (c) Provide specialized equipment, technical
            knowledge, or assistance of expert personnel for use by
            any department or agency, or when lives are endangered,
            to support local law enforcement agencies. Provision of
            assistance by expert personnel shall be approved in
            each case by the general counsel of the providing
            element or department; and
                (d) Render any other assistance and cooperation to
            law enforcement or other civil authorities not
            precluded by applicable law.

    2.7 Contracting. Elements of the Intelligence Community are
    authorized to enter into contracts or arrangements for the
    provision of goods or services with private companies or
    institutions in the United States and need not reveal the
    sponsorship of such contracts or arrangements for authorized
    intelligence purposes. Contracts or arrangements with academic
    institutions may be undertaken only with the consent of
    appropriate officials of the institution.

    2.8 Consistency With Other Laws. Nothing in this Order shall be
    construed to authorize any activity in violation of the
    Constitution or statutes of the United States.

    2.9 Undisclosed Participation in Organizations Within the
    United States. No one acting on behalf of elements of the
    Intelligence Community may join or otherwise participate in any
    organization in the United States on behalf of any element of
    the Intelligence Community without disclosing such person's
    intelligence affiliation to appropriate officials of the
    organization, except in accordance with procedures established
    by the head of the Intelligence Community element concerned or
    the head of a department containing such element and approved
    by the Attorney General, after consultation with the Director.
    Such participation shall be authorized only if it is essential
    to achieving lawful purposes as determined by the Intelligence
    Community element head or designee. No such participation may
    be undertaken for the purpose of influencing the activity of
    the organization or its members except in cases where:
                (a) The participation is undertaken on behalf of
            the FBI in the course of a lawful investigation; or
                (b) The organization concerned is composed
            primarily of individuals who are not United States
            persons and is reasonably believed to be acting on
            behalf of a foreign power.

    2.10 Human Experimentation. No element of the Intelligence
    Community shall sponsor, contract for, or conduct research on
    human subjects except in accordance with guidelines issued by
    the Department of Health and Human Services. The subject's
    informed consent shall be documented as required by those
    guidelines.

    2.11 Prohibition on Assassination. No person employed by or
    acting on behalf of the United States Government shall engage
    in or conspire to engage in assassination.

    2.12 Indirect Participation. No element of the Intelligence
    Community shall participate in or request any person to
    undertake activities forbidden by this Order.

    2.13 Limitation on Covert Action. No covert action may be
    conducted which is intended to influence United States
    political processes, public opinion, policies, or media.

                           PART 3 General Provisions

    3.1 Congressional Oversight. The duties and responsibilities of
    the Director and the heads of other departments, agencies,
    elements, and entities engaged in intelligence activities to
    cooperate with the Congress in the conduct of its
    responsibilities for oversight of intelligence activities shall
    be implemented in accordance with applicable law, including
    title V of the Act. The requirements of applicable law,
    including title V of the Act, shall apply to all covert action
    activities as defined in this Order.

    3.2 Implementation. The President, supported by the NSC, and
    the Director shall issue such appropriate directives,
    procedures, and guidance as are necessary to implement this
    order. Heads of elements within the Intelligence Community
    shall issue appropriate procedures and supplementary directives
    consistent with this order. No procedures to implement Part 2
    of this order shall be issued without the Attorney General's
    approval, after consultation with the Director. The Attorney
    General shall provide a statement of reasons for not approving
    any procedures established by the head of an element in the
    Intelligence Community (or the head of the department
    containing such element) other than the FBI. In instances where
    the element head or department head and the Attorney General
    are unable to reach agreements on other than constitutional or
    other legal grounds, the Attorney General, the head of
    department concerned, or the Director shall refer the matter to
    the NSC.

    3.3 Procedures. The activities herein authorized that require
    procedures shall be conducted in accordance with existing
    procedures or requirements established under Executive Order
    12333. New procedures, as required by Executive Order 12333, as
    further amended, shall be established as expeditiously as
    possible. All new procedures promulgated pursuant to Executive
    Order 12333, as amended, shall be made available to the Select
    Committee on Intelligence of the Senate and the Permanent
    Select Committee on Intelligence of the House of
    Representatives.

    3.4 References and Transition. References to ``Senior Officials
    of the Intelligence Community'' or ``SOICs'' in executive
    orders or other Presidential guidance, shall be deemed
    references to the heads of elements in the Intelligence
    Community, unless the President otherwise directs; references
    in Intelligence Community or Intelligence Community element
    policies or guidance, shall be deemed to be references to the
    heads of elements of the Intelligence Community, unless the
    President or the Director otherwise directs.

    3.5 Definitions. For the purposes of this Order, the following
    terms shall have these meanings:
                (a) Counterintelligence means information gathered
            and activities conducted to identify, deceive, exploit,
            disrupt, or protect against espionage, other
            intelligence activities, sabotage, or assassinations
            conducted for or on behalf of foreign powers,
            organizations, or persons, or their agents, or
            international terrorist organizations or activities.
                (b) Covert action means an activity or activities
            of the United States Government to influence political,
            economic, or military conditions abroad, where it is
            intended that the role of the United States Government
            will not be apparent or acknowledged publicly, but does
            not include:
                        (1) Activities the primary purpose of which
                    is to acquire intelligence, traditional
                    counterintelligence activities, traditional
                    activities to improve or maintain the
                    operational security of United States
                    Government programs, or administrative
                    activities;
                        (2) Traditional diplomatic or military
                    activities or routine support to such
                    activities;
                        (3) Traditional law enforcement activities
                    conducted by United States Government law
                    enforcement agencies or routine support to such
                    activities; or
                        (4) Activities to provide routine support
                    to the overt activities (other than activities
                    described in paragraph (1), (2), or (3)) of
                    other United States Government agencies abroad.
                (c) Electronic surveillance means acquisition of a
            nonpublic communication by electronic means without the
            consent of a person who is a party to an electronic
            communication or, in the case of a nonelectronic
            communication, without the consent of a person who is
            visibly present at the place of communication, but not
            including the use of radio direction-finding equipment
            solely to determine the location of a transmitter.
                (d) Employee means a person employed by, assigned
            or detailed to, or acting for an element within the
            Intelligence Community.
                (e) Foreign intelligence means information relating
            to the capabilities, intentions, or activities of
            foreign governments or elements thereof, foreign
            organizations, foreign persons, or international
            terrorists.
                (f) Intelligence includes foreign intelligence and
            counterintelligence.
                (g) Intelligence activities means all activities
            that elements of the Intelligence Community are
            authorized to conduct pursuant to this order.
                (h) Intelligence Community and elements of the
            Intelligence Community refers to:
                        (1) The Office of the Director of National
                    Intelligence;
                        (2) The Central Intelligence Agency;
                        (3) The National Security Agency;
                        (4) The Defense Intelligence Agency;
                        (5) The National Geospatial-Intelligence
                    Agency;
                        (6) The National Reconnaissance Office;
                        (7) The other offices within the Department
                    of Defense for the collection of specialized
                    national foreign intelligence through
                    reconnaissance programs;
                        (8) The intelligence and
                    counterintelligence elements of the Army, the
                    Navy, the Air Force, and the Marine Corps;
                        (9) The intelligence elements of the
                    Federal Bureau of Investigation;
                        (10) The Office of National Security
                    Intelligence of the Drug Enforcement
                    Administration;
                        (11) The Office of Intelligence and
                    Counterintelligence of the Department of
                    Energy;
                        (12) The Bureau of Intelligence and
                    Research of the Department of State;
                        (13) The Office of Intelligence and
                    Analysis of the Department of the Treasury;
                        (14) The Office of Intelligence and
                    Analysis of the Department of Homeland
                    Security;
                        (15) The intelligence and
                    counterintelligence elements of the Coast
                    Guard; and
                        (16) Such other elements of any department
                    or agency as may be designated by the
                    President, or designated jointly by the
                    Director and the head of the department or
                    agency concerned, as an element of the
                    Intelligence Community.
                (i) National Intelligence and Intelligence Related
            to National Security means all intelligence, regardless
            of the source from which derived and including
            information gathered within or outside the United
            States, that pertains, as determined consistent with
            any guidance issued by the President, or that is
            determined for the purpose of access to information by
            the Director in accordance with section 1.3(a)(1) of
            this order, to pertain to more than one United States
            Government agency; and that involves threats to the
            United States, its people, property, or interests; the
            development, proliferation, or use of weapons of mass
            destruction; or any other matter bearing on United
            States national or homeland security.
                (j) The National Intelligence Program means all
            programs, projects, and activities of the Intelligence
            Community, as well as any other programs of the
            Intelligence Community designated jointly by the
            Director and the head of a United States department or
            agency or by the President. Such term does not include
            programs, projects, or activities of the military
            departments to acquire intelligence solely for the
            planning and conduct of tactical military operations by
            United States Armed Forces.
                (k) United States person means a United States
            citizen, an alien known by the intelligence element
            concerned to be a permanent resident alien, an
            unincorporated association substantially composed of
            United States citizens or permanent resident aliens, or
            a corporation incorporated in the United States, except
            for a corporation directed and controlled by a foreign
            government or governments.

    3.6 Revocation. Executive Orders 13354 and 13355 of August 27,
    2004, are revoked; and paragraphs 1.3(b)(9) and (10) of Part 1
    supersede provisions within Executive Order 12958, as amended,
    to the extent such provisions in Executive Order 12958, as
    amended, are inconsistent with this Order.

    3.7 General Provisions.
                (a) Consistent with section 1.3(c) of this order,
            nothing in this order shall be construed to impair or
            otherwise affect:
                (1) Authority granted by law to a department or
            agency, or the head thereof; or
                        (2) Functions of the Director of the Office
                    of Management and Budget relating to budget,
                    administrative, or legislative proposals.
                (b) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations.
                (c) This order is intended only to improve the
            internal management of the executive branch and is not
            intended to, and does not, create any right or benefit,
            substantive or procedural, enforceable at law or in
            equity, by any party against the United States, its
            departments, agencies or entities, its officers,
            employees, or agents, or any other person.

                             Executive Order 12341

                           Cuban and Haitian Entrants

           (As Amended by EO 12347, EO 12388, EO 12474, EO 13118, EO
                                     13284)

    =======================================================================

    Signed:                              January 21, 1982
    Federal Register page and date:      47 FR 3341; January 25, 1982
    Amended by:                          EO 13286, February 28, 2003
    Revokes:
    EO 12251, November 15, 1980

    =======================================================================

        By the authority vested in me as President of the United
    States of America by Section 501 of the Refugee Education
    Assistance Act of 1980 (8 U.S.C. 1522 note) and Section 301 of
    Title 3 of the United States Code, and to reassign some
    responsibilities for providing assistance to Cuban and Haitian
    entrants, it is hereby ordered as follows:

    Section 1. The functions vested in the President by Sections
    501 (a) and (b) of the Refugee Education Assistance Act of
    1980, hereinafter referred to as the Act (8 U.S.C. 1522 note),
    are delegated to the Secretary of Health and Human Services.

    Sec. 2. The Secretary of Homeland Security shall ensure that
    actions are taken to provide such assistance to Cuban and
    Haitian entrants as provided for by Section 501(c) of the Act.
    To that end, the functions vested in the President by Section
    501(c) of the Act are delegated to the Attorney General.

    Sec. 3. All actions taken pursuant to Executive Order No. 12251
    shall continue in effect until superseded by actions under this
    Order.

    Sec. 4. Executive Order No. 12251 of November 15, 1980, is
    revoked.

                             Executive Order 12382

           President's National Security Telecommunications Advisory
                                   Committee

                            (As Amended by EO 13286)

    =======================================================================

    Signed:                              September 13, 1982
    Federal Register page and date:      47 FR 40531; September 15, 1982
    Continued by:                        EO 12399, December 31, 1982
                                         EO 12454, December 29, 1983
                                         EO 12534, September 30, 1985
                                         EO 12610, September 30, 1987
                                         EO 12692, September 29, 1989
                                         EO 12774, September 27, 1991
                                         EO 12869, September 30, 1993
                                         EO 12974, September 29, 1995
                                         EO 13062, September 29, 1997
                                         EO 13138, September 30, 1999
                                         EO 13225, September 28, 2001
                                         EO 13286, February 28, 2003
                                         EO 13316, September 17, 2003
                                         EO 13385, September 29, 2005
                                         EO 13446, September 28, 2007
                                         EO 13511, September 29, 2009
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution of the United States of America, and in order to
    establish, in accordance with the provisions of the Federal
    Advisory Committee Act, as amended (5 U.S.C. App. I), an
    advisory committee on National Security Telecommunications, it
    is hereby ordered as follows:

    Section 1. Establishment.
                (a) There is established the President's National
            Security Telecommunications Advisory Committee which
            shall be composed of no more than 30 members. These
            members shall have particular knowledge and expertise
            in the field of telecommunications and represent
            elements of the Nation's telecommunications industry.
            Members of the Committee shall be appointed by the
            President.
                (b) The President shall annually designate a
            Chairman and a Vice Chairman from among the members of
            the Committee.
                (c) To assist the Committee in carrying out its
            functions, the Committee may establish appropriate
            subcommittees or working groups composed, in whole or
            in part, of individuals who are not members of the
            Committee.

    Sec. 2. Functions.
                (a) The Committee shall provide to the President,
            through the Secretary of Homeland Security, among other
            things, information and advice from the perspective of
            the telecommunications industry with respect to the
            implementation of Presidential Directive 53 (PD/NSC-
            53), National Security Telecommunications Policy.
                (b) The Committee shall provide information and
            advice to the President through the Secretary of
            Homeland Security regarding the feasibility of
            implementing specific measures to improve the
            telecommunications aspects of our national security
            posture.
                (c) The Committee shall provide technical
            information and advice in the identification and
            solution of problems which the Committee considers will
            affect national security telecommunications capability.
                (d) In the performance of its advisory duties, the
            Committee shall conduct reviews and assessments of the
            effectiveness of the implementation of PD/NSC-53,
            National Security Telecommunications Policy.
                (e) The Committee shall periodically report on
            matters in this Section to the President through the
            Secretary of Homeland Security, in his capacity as
            Executive Agent for the National Communications System.

    Sec. 3. Administration.
                (a) The heads of Executive agencies shall, to the
            extent permitted by law, provide the Committee such
            information with respect to national security
            telecommunications matters as it may require for the
            purpose of carrying out its functions. Information
            supplied to the Committee shall not, to the extent
            permitted by law, be available for public inspection.
                (b) Members of the Committee shall serve without
            any compensation for their work on the Committee.
            However, to the extent permitted by law, they shall be
            entitled to travel expenses, including per diem in lieu
            of subsistence.
                (c) Any expenses of the Committee shall, to the
            extent permitted by law, be paid from funds available
            to the Secretary of Homeland Security.

    Sec. 4. General.
                (a) Notwithstanding any other Executive Order, the
            functions of the President under the Federal Advisory
            Committee Act, as amended (5 U.S.C. App. I), except
            that of reporting annually to the Congress, which are
            applicable to the Committee, shall be performed by the
            Secretary of Homeland Security, in accord with
            guidelines and procedures established by the
            Administrator of General Services.
                (b) In accordance with the Federal Advisory
            Committee Act, as amended, the Committee shall
            terminate on September 30, 2011, unless sooner
            extended.

                             Executive Order 12472

          Assignment of National Security and Emergency Preparedness
                          Telecommunications Functions

                       (As Amended by EO 13286, EO 13407)

    =======================================================================

    Signed:                              April 3, 1984
    Federal Register page and date:      49 FR 13471; April 5, 1984
    Amends:                              EO 12046, March 27, 1978
    Amended by:                          EO 13286, February 28, 2003
                                         EO 13407, June 26, 2006

    =======================================================================

    By the authority vested in me as President by the Constitution
    and laws of the United States of America, including the
    Communications Act of 1934, as amended (47 U.S.C. 151), the
    National Security Act of 1947, as amended, the Defense
    Production Act of 1950, as amended (50 U.S.C. App. 2061), the
    Federal Civil Defense Act of 1950, as amended (50 U.S.C. App.
    2251), the Disaster Relief Act of 1974 (42 U.S.C. 5121),
    Section 5 of Reorganization Plan No. 1 of 1977 (3 C.F.R. 197,
    1978 Comp.1), and Section 203 of Reorganization Plan No. 3 of
    1978 (3 C.F.R. 389, 1978 Comp.2), and in order to provide for
    the consolidation of assignment and responsibility for improved
    execution of national security and emergency preparedness
    telecommunications functions, it is hereby ordered as follows:

    Section 1. The National Communications System.
                (a) There is hereby established the National
            Communications System (NCS). The NCS shall consist of
            the telecommunications assets of the entities
            represented on the NCS Committee of Principals and an
            administrative structure consisting of the Executive
            Agent, the NCS Committee of Principals and the Manager.
            The NCS Committee of Principals shall consist of
            representatives from those Federal departments,
            agencies or entities, designated by the President,
            which lease or own telecommunications facilities or
            services of significance to national security or
            emergency preparedness, and, to the extent permitted by
            law, other Executive entities which bear policy,
            regulatory or enforcement responsibilities of
            importance to national security or emergency
            preparedness telecommunications capabilities.
                (b) The mission of the NCS shall be to assist the
            President, the National Security Council, the Homeland
            Security Council, the Director of the Office of Science
            and Technology Policy and the Director of the Office of
            Management and Budget in:
                        (1) the exercise of the telecommunications
                    functions and responsibilities set forth in
                    Section 2 of this Order; and
                        (2) the coordination of the planning for
                    and provision of national security and
                    emergency preparedness communications for the
                    Federal government under all circumstances,
                    including crisis or emergency, attack, recovery
                    and reconstitution.
                (c) The NCS shall seek to ensure that a national
            telecommunications infrastructure is developed which:
                        (1) Is responsive to the national security
                    and emergency preparedness needs of the
                    President and the Federal departments, agencies
                    and other entities, including
                    telecommunications in support of national
                    security leadership and continuity of
                    government;
                        (2) Is capable of satisfying priority
                    telecommunications requirements under all
                    circumstances through use of commercial,
                    government and privately owned
                    telecommunications resources;
                        (3) Incorporates the necessary combination
                    of hardness, redundancy, mobility,
                    connectivity, interoperability, restorability
                    and security to obtain, to the maximum extent
                    practicable, the survivability of national
                    security and emergency preparedness
                    telecommunications in all circumstances,
                    including conditions of crisis or emergency;
                    and
                        (4) Is consistent, to the maximum extent
                    practicable, with other national
                    telecommunications policies.
                (d) To assist in accomplishing its mission, the NCS
            shall:
                        (1) serve as a focal point for joint
                    industry-government national security and
                    emergency preparedness telecommunications
                    planning; and
                        (2) establish a joint industry-government
                    National Coordinating Center which is capable
                    of assisting in the initiation, coordination,
                    restoration and reconstitution of national
                    security or emergency preparedness
                    telecommunications services or facilities under
                    all conditions of crisis or emergency.
                (e) The Secretary of Homeland Security is
            designated as the Executive Agent for the NCS. The
            Executive Agent shall:
                        (1) Designate the Manager of the NCS;
                        (2) Ensure that the NCS conducts unified
                    planning and operations, in order to coordinate
                    the development and maintenance of an effective
                    and responsive capability for meeting the
                    domestic and international national security
                    and emergency preparedness telecommunications
                    needs of the Federal government;
                        (3) Ensure that the activities of the NCS
                    are conducted in conjunction with the emergency
                    management activities of the Department of
                    Homeland Security;
                        (4) Recommend, in consultation with the NCS
                    Committee of Principals, to the National
                    Security Council, the Homeland Security
                    Council, the Director of the Office of Science
                    and Technology Policy, or the Director of the
                    Office of Management and Budget, as
                    appropriate:
                                a. The assignment of implementation
                            or other responsibilities to NCS member
                            entities;
                                b. New initiatives to assist in the
                            exercise of the functions specified in
                            Section 2; and
                                c. Changes in the composition or
                            structure of the NCS;
                        (5) Oversee the activities of and provide
                    personnel and administrative support to the
                    Manager of the NCS;
                        (6) Provide staff support and technical
                    assistance to the National Security
                    Telecommunications Advisory Committee
                    established by Executive Order No. 12382, as
                    amended; and
                        (7) Perform such other duties as are from
                    time to time assigned by the President or his
                    authorized designee.
                (f) The NCS Committee of Principals shall:
                        (1) Serve as the forum in which each member
                    of the Committee may review, evaluate, and
                    present views, information and recommendations
                    concerning ongoing or prospective national
                    security or emergency preparedness
                    telecommunications programs or activities of
                    the NCS and the entities represented on the
                    Committee;
                        (2) Serve as the forum in which each member
                    of the Committee shall report on and explain
                    ongoing or prospective telecommunications plans
                    and programs developed or designed to achieve
                    national security or emergency preparedness
                    telecommunications objectives;
                        (3) Provide comments or recommendations, as
                    appropriate, to the National Security Council,
                    the Homeland Security Council, the Director of
                    the Office of Science and Technology Policy,
                    the Director of the Office of Management and
                    Budget, the Executive Agent, or the Manager of
                    the NCS, regarding ongoing or prospective
                    activities of the NCS; and
                        (4) Perform such other duties as are from
                    time to time assigned by the President or his
                    authorized designee.
                (g) The Manager of the NCS shall:
                        (1) Develop for consideration by the NCS
                    Committee of Principals and the Executive
                    Agent:
                                a. A recommended evolutionary
                            telecommunications architecture
                            designed to meet current and future
                            Federal government national security
                            and emergency preparedness
                            telecommunications requirements;
                                b. Plans and procedures for the
                            management, allocation and use,
                            including the establishment of
                            priorities or preferences, of Federally
                            owned or leased telecommunications
                            assets under all conditions of crisis
                            or emergency;
                                c. Plans, procedures and standards
                            for minimizing or removing technical
                            impediments to the interoperability of
                            government-owned and/or commercially-
                            provided telecommunications systems;
                                d. Test and exercise programs and
                            procedures for the evaluation of the
                            capability of the Nation's
                            telecommunications resources to meet
                            national security or emergency
                            preparedness telecommunications
                            requirements; and
                                e. Alternative mechanisms for
                            funding, through the budget review
                            process, national security or emergency
                            preparedness telecommunications
                            initiatives which benefit multiple
                            Federal departments, agencies, or
                            entities. Those mechanisms recommended
                            by the NCS Committee of Principals and
                            the Executive Agent shall be submitted
                            to the Director of the Office of
                            Management and Budget.
                        (2) Implement and administer any approved
                    plans or programs as assigned, including any
                    system of priorities and preferences for the
                    provision of communications service, in
                    consultation with the NCS Committee of
                    Principals and the Federal Communications
                    Commission, to the extent practicable or
                    otherwise required by law or regulation;
                        (3) Chair the NCS Committee of Principals
                    and provide staff support and technical
                    assistance thereto;
                        (4) Serve as a focal point for joint
                    industry-government planning, including the
                    dissemination of technical information,
                    concerning the national security or emergency
                    preparedness telecommunications requirements of
                    the Federal government;
                        (5) Conduct technical studies or analyses,
                    and examine research and development programs,
                    for the purpose of identifying, for
                    consideration by the NCS Committee of
                    Principals and the Executive Agent, improved
                    approaches which may assist Federal entities in
                    fulfilling national security or emergency
                    preparedness telecommunications objectives;
                        (6) Pursuant to the Federal Standardization
                    Program of the General Services Administration,
                    and in consultation with other appropriate
                    entities of the Federal government including
                    the NCS Committee of Principals, manage the
                    Federal Telecommunications Standards Program,
                    ensuring wherever feasible that existing or
                    evolving industry, national, and international
                    standards are used as the basis for Federal
                    telecommunications standards; and
                        (7) Provide such reports and perform such
                    other duties as are from time to time assigned
                    by the President or his authorized designee,
                    the Executive Agent, or the NCS Committee of
                    Principals. Any such assignments of
                    responsibility to, or reports made by, the
                    Manager shall be transmitted through the
                    Executive Agent.

    Sec. 2. Executive Office Responsibilities.
                (a) Wartime Emergency Functions.
                        (1) The National Security Council shall
                    provide policy direction for the exercise of
                    the war power functions of the President under
                    Section 606 of the Communications Act of 1934,
                    as amended (47 U.S.C. 606), should the
                    President issue implementing instructions in
                    accordance with the National Emergencies Act
                    (50 U.S.C. 1601).
                        (2) The Director of the Office of Science
                    and Technology Policy shall direct the exercise
                    of the war power functions of the President
                    under Section 606(a), (c)-(e), of the
                    Communications Act of 1934, as amended (47
                    U.S.C. 606), should the President issue
                    implementing instructions in accordance with
                    the National Emergencies Act (50 U.S.C. 1601).
                (b) Non-Wartime Emergency Functions. (1) The
            National Security Council, in consultation with the
            Homeland Security Council, shall:
                                a. Advise and assist the President
                            in coordinating the development of
                            policy, plans, programs and standards
                            within the Federal government for the
                            identification, allocation, and use of
                            the Nation's telecommunications
                            resources by the Federal government,
                            and by State and local governments,
                            private industry and volunteer
                            organizations upon request, to the
                            extent practicable and otherwise
                            consistent with law, during those
                            crises or emergencies in which the
                            exercise of the President's war power
                            functions is not required or permitted
                            by law; and
                                b. Provide policy direction for the
                            exercise of the President's non-wartime
                            emergency telecommunications functions,
                            should the President so instruct.
                        (2) The Director of the Office of Science
                    and Technology Policy shall provide
                    information, advice, guidance and assistance,
                    as appropriate, to the President and to those
                    Federal departments and agencies with
                    responsibilities for the provision, management,
                    or allocation of telecommunications resources,
                    during those crises or emergencies in which the
                    exercise of the President's war power functions
                    is not required or permitted by law;
                        (3) The Director of the Office of Science
                    and Technology Policy shall establish a Joint
                    Telecommunications Resources Board (JTRB) to
                    assist him in the exercise of the functions
                    specified in this subsection. The Director of
                    the Office of Science and Technology Policy
                    shall serve as chairman of the JTRB; select
                    those Federal departments, agencies, or
                    entities which shall be members of the JTRB;
                    and specify the functions it shall perform.
                (c) Planning and Oversight Responsibilities. (1)
            The National Security Council shall advise and assist
            the President in:
                                a. Coordinating the development of
                            policy, plans, programs and standards
                            for the mobilization and use of the
                            Nation's commercial, government, and
                            privately owned telecommunications
                            resources, in order to meet national
                            security or emergency preparedness
                            requirements;
                                b. Providing policy oversight and
                            direction of the activities of the NCS;
                            and
                                c. Providing policy oversight and
                            guidance for the execution of the
                            responsibilities assigned to the
                            Federal departments and agencies by
                            this Order.
                        (2) The Director of the Office of Science
                    and Technology Policy shall make
                    recommendations to the President with respect
                    to the test, exercise and evaluation of the
                    capability of existing and planned
                    communications systems, networks or facilities
                    to meet national security or emergency
                    preparedness requirements and report the
                    results of any such tests or evaluations and
                    any recommended remedial actions to the
                    President and to the National Security Council;
                        (3) The Director of the Office of Science
                    and Technology Policy or his designee shall
                    advise and assist the President in the
                    administration of a system of radio spectrum
                    priorities for those spectrum dependent
                    telecommunications resources of the Federal
                    government which support national security or
                    emergency preparedness functions. The Director
                    also shall certify or approve priorities for
                    radio spectrum use by the Federal government,
                    including the resolution of any conflicts in or
                    among priorities, under all conditions of
                    crisis or emergency; and
                        (4) The National Security Council, the
                    Homeland Security Council, the Director of the
                    Office of Science and Technology Policy and the
                    Director of the Office of Management and Budget
                    shall, in consultation with the Executive Agent
                    for the NCS and the NCS Committee of
                    Principals, determine what constitutes national
                    security and emergency preparedness
                    telecommunications requirements.
                (d) Consultation with Federal Departments and
            Agencies. In performing the functions assigned under
            this Order, the National Security Council and the
            Director of the Office of Science and Technology
            Policy, in consultation with each other, shall:
                        (1) Consult, as appropriate, with the
                    Director of the Office of Management and
                    Budget; the Secretary of Homeland Security with
                    respect to the emergency management
                    responsibilities assigned pursuant to Executive
                    Order No. 12148, as amended; the Secretary of
                    Commerce, with respect to responsibilities
                    assigned pursuant to Executive Order No. 12046;
                    the Secretary of Defense, with respect to
                    communications security responsibilities
                    assigned pursuant to Executive Order No. 12333;
                    and the Chairman of the Federal Communications
                    Commission or his authorized designee; and
                        (2) Establish arrangements for consultation
                    among all interested Federal departments,
                    agencies or entities to ensure that the
                    national security and emergency preparedness
                    communications needs of all Federal government
                    entities are identified; that mechanisms to
                    address such needs are incorporated into
                    pertinent plans and procedures; and that such
                    needs are met in a manner consistent, to the
                    maximum extent practicable, with other national
                    telecommunications policies.
                (e) Budgetary Guidelines. The Director of the
            Office of Management and Budget, in consultation with
            the National Security Council and the NCS, will
            prescribe general guidelines and procedures for
            reviewing the financing of the NCS within the budgetary
            process and for preparation of budget estimates by
            participating agencies. These guidelines and procedures
            may provide for mechanisms for funding, through the
            budget review process, national security and emergency
            preparedness telecommunications initiatives which
            benefit multiple Federal departments, agencies, or
            entities.

    Sec. 3. Assignment of Responsibilities to Other Departments and
    Agencies.
        In order to support and enhance the capability to satisfy
    the national security and emergency preparedness
    telecommunications needs of the Federal government, State and
    local governments, private industry and volunteer
    organizations, under all circumstances including those of
    crisis or emergency, the Federal departments and agencies shall
    perform the following functions:
                (a) Department of Commerce. The Secretary of
            Commerce shall, for all conditions of crisis or
            emergency:
                        (1) Develop plans and procedures concerning
                    radio spectrum assignments, priorities and
                    allocations for use by Federal departments,
                    agencies and entities; and
                        (2) Develop, maintain and publish policy,
                    plans, and procedures for the control and
                    allocation of frequency assignments, including
                    the authority to amend, modify or revoke such
                    assignments, in those parts of the
                    electromagnetic spectrum assigned to the
                    Federal government.
                (b) Department of Homeland Security. The Secretary
            of Homeland Security shall:
                        (1) Plan for and provide, operate and
                    maintain telecommunications services and
                    facilities, as part of its National Emergency
                    Management System, adequate to support its
                    assigned emergency management responsibilities;
                        (2) Advise and assist State and local
                    governments and volunteer organizations, upon
                    request and to the extent consistent with law,
                    in developing plans and procedures for
                    identifying and satisfying their national
                    security or emergency preparedness
                    telecommunications requirements;
                        (3) Ensure, to the maximum extent
                    practicable, that national security and
                    emergency preparedness telecommunications
                    planning by State and local governments and
                    volunteer organizations is mutually supportive
                    and consistent with the planning of the Federal
                    government; and
                        (4) Develop, upon request and to the extent
                    consistent with law and in consonance with
                    regulations promulgated by and agreements with
                    the Federal Communications Commission, plans
                    and capabilities for, and provide policy and
                    management oversight of, the Emergency Alert
                    System, and advise and assist private radio
                    licensees of the Commission in developing
                    emergency communications plans, procedures and
                    capabilities.
                (c) Department of State. The Secretary of State, in
            accordance with assigned responsibilities within the
            Diplomatic Telecommunications System, shall plan for
            and provide, operate and maintain rapid, reliable and
            secure telecommunications services to those Federal
            entities represented at United States diplomatic
            missions and consular offices overseas. This
            responsibility shall include the provision and
            operation of domestic telecommunications in support of
            assigned national security or emergency preparedness
            responsibilities.
                (d) Department of Defense. In addition to the other
            responsibilities assigned by this Order, the Secretary
            of Defense shall:
                        (1) Plan for and provide, operate and
                    maintain telecommunications services and
                    facilities adequate to support the National
                    Command Authorities and to execute the
                    responsibilities assigned by Executive Order
                    No. 12333; and
                        (2) Ensure that the Director of the
                    National Security Agency provides the technical
                    support necessary to develop and maintain plans
                    adequate to provide for the security and
                    protection of national security and emergency
                    preparedness telecommunications.
                        (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.
                (e) Department of Justice. The Attorney General
            shall, as necessary, review for legal sufficiency,
            including consistency with the antitrust laws, all
            policies, plans or procedures developed pursuant to
            responsibilities assigned by this Order.
                (f) Central Intelligence Agency. The Director of
            Central Intelligence shall plan for and provide,
            operate, and maintain telecommunications services
            adequate to support its assigned responsibilities,
            including the dissemination of intelligence within the
            Federal government.
                (g) General Services Administration. Except as
            otherwise assigned by this Order, the Administrator of
            General Services, consistent with policy guidance
            provided by the Director of the Office of Management
            and Budget, shall ensure that Federally owned or
            managed domestic communications facilities and services
            meet the national security and emergency preparedness
            requirements of the Federal civilian departments,
            agencies and entities.
                (h) Federal Communications Commission. The Federal
            Communications Commission shall, consistent with
            Section 4(c) of this Order:
                        (1) Review the policies, plans and
                    procedures of all entities licensed or
                    regulated by the Commission that are developed
                    to provide national security or emergency
                    preparedness communications services, in order
                    to ensure that such policies, plans and
                    procedures are consistent with the public
                    interest, convenience and necessity;
                        (2) Perform such functions as required by
                    law with respect to all entities licensed or
                    regulated by the Commission, including (but not
                    limited to) the extension, discontinuance or
                    reduction of common carrier facilities or
                    services; the control of common carrier rates,
                    charges, practices and classifications; the
                    construction, authorization, activation,
                    deactivation or closing of radio stations,
                    services and facilities; the assignment of
                    radio frequencies to Commission licensees; the
                    investigation of violations of pertinent law
                    and regulation; and the initiation of
                    appropriate enforcement actions;
                        (3) Develop policy, plans and procedures
                    adequate to execute the responsibilities
                    assigned in this Order under all conditions or
                    crisis or emergency; and
                        (4) Consult as appropriate with the
                    Executive Agent for the NCS and the NCS
                    Committee of Principals to ensure continued
                    coordination of their respective national
                    security and emergency preparedness activities.
                (i) All Federal departments and agencies, to the
            extent consistent with law (including those authorities
            and responsibilities set forth in Section 4(c) of this
            Order), shall:
                        (1) Determine their national security and
                    emergency preparedness telecommunications
                    requirements, and provide information regarding
                    such requirements to the Manager of the NCS;
                        (2) Prepare policies, plans and procedures
                    concerning telecommunications facilities,
                    services or equipment under their management or
                    operational control to maximize their
                    capability of responding to the national
                    security or emergency preparedness needs of the
                    Federal government;
                        (3) Provide, after consultation with the
                    Director of the Office of Management and
                    Budget, resources to support their respective
                    requirements for national security and
                    emergency preparedness telecommunications; and
                    provide personnel and staff support to the
                    Manager of the NCS as required by the
                    President;
                        (4) Make information available to, and
                    consult with, the Manager of the NCS regarding
                    agency telecommunications activities in support
                    of national security or emergency preparedness;
                        (5) Consult, consistent with the provisions
                    of Executive Order No. 12046, as amended, and
                    in conjunction with the Manager of the NCS,
                    with the Federal Communications Commission
                    regarding execution of responsibilities
                    assigned by this Order;
                        (6) Submit reports annually, or as
                    otherwise requested, to the Manager of the NCS,
                    regarding agency national security or emergency
                    preparedness telecommunications activities; and
                        (7) Cooperate with and assist the Executive
                    Agent for the NCS, the NCS Committee of
                    Principals, the Manager of the NCS, and other
                    departments and agencies in the execution of
                    the functions set forth in this Order,
                    furnishing them such information, support and
                    assistance as may be required.
                (j) Each Federal department or agency shall execute
            the responsibilities assigned by this Order in
            conjunction with the emergency management activities of
            the Department of Homeland Security, and in regular
            consultation with the Executive Agent for the NCS and
            the NCS Committee of Principals to ensure continued
            coordination of NCS and individual agency
            telecommunications activities.

    Sec. 4. General Provisions.
                (a) All Executive departments and agencies may
            issue such rules and regulations as may be necessary to
            carry out the functions assigned under this Order.
                (b) In order to reflect the assignments of
            responsibility provided by this Order,
                        (1) Sections 2-414, 4-102, 4-103, 4-202, 4-
                    302, 5-3, and 6-101 of Executive Order No.
                    12046, as amended, are revoked;
                        (2) The Presidential Memorandum of August
                    21, 1963, as amended, entitled ``Establishment
                    of the National Communications System'', is
                    hereby superseded; and
                        (3) [Deleted]
                (c) Nothing in this Order shall be deemed to affect
            the authorities or responsibilities of the Director of
            the Office of Management and Budget, or any Office or
            official thereof; or reassign any function assigned any
            agency under the Federal Property and Administrative
            Services Act of 1949, as amended; or under any other
            law; or any function vested by law in the Federal
            Communications Commission.

    Sec. 5.
        This Order shall be effective upon publication in the
    Federal Register.

                             Executive Order 12501

                                Arctic Research

                            (As amended by EO 13284)

    =======================================================================

    Signed:                              January 28, 1985
    Federal Register page and date:      50 FR 4191; January 30, 1985
    Amends:                              EO 12139, May 23, 1979
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Arctic Research and Policy Act of 1984 (Title I
    of Public Law 98-373) (``the Act''), it is hereby ordered as
    follows:

    Section 1. Establishment of Arctic Research Commission.
        There is established the Arctic Research Commission.

    Sec. 2. Membership of the Commission.
                (a) The Commission shall be composed of five
            members appointed by the President, as follows:
                        (1) three members appointed from among
                    individuals from academic or other research
                    institutions with expertise in areas of
                    research relating to the Arctic, including the
                    physical, biological, health, environmental,
                    social, and behavioral sciences;
                        (2) one member appointed from among
                    indigenous residents of the Arctic who are
                    representative of the needs and interests of
                    Arctic residents and who live in areas directly
                    affected by Arctic resources development; and
                        (3) one member appointed from individuals
                    familiar with the Arctic and representative of
                    the needs and interests of private industry
                    undertaking resource development in the Arctic.
                    The Director of the National Science Foundation
                    shall serve as a nonvoting ex officio member of
                    the Commission. The President shall designate a
                    Chairperson from among the five voting members
                    of the Commission.
                (b) In making initial appointments to the
            Commission, the President shall designate one member to
            serve for a term of two years, two members to serve for
            terms of three years, and two members to serve for
            terms of four years as provided by Section 103(c) of
            the Act. Upon the expiration of these initial terms of
            office, the term of office of each member of the
            Commission shall be four years.
                (c) Each of the Federal agencies represented on the
            Interagency Committee established by Section 7 of this
            Order may designate a representative to participate as
            an observer with the Commission. These representatives
            shall report to and advise the Commission on the
            activities of their agencies relating to Arctic
            research.

    Sec. 3. Meetings of the Commission.
        The Commission shall meet at the call of the Chairman or a
    majority of its members. The Commission annually shall conduct
    at least one public meeting in the State of Alaska.

    Sec. 4. Functions of the Commission.
                (a) The Commission shall:
                        (1) develop and recommend an integrated
                    national Arctic research policy;
                        (2) assist, in cooperation with the
                    Interagency Arctic Research Policy Committee
                    established by Section 7 of this Order, in
                    establishing a national Arctic research program
                    plan to implement the Arctic research policy;
                        (3) facilitate cooperation between the
                    Federal government and State and local
                    governments with respect to Arctic research;
                        (4) review Federal research programs in the
                    Arctic and suggest improvements in coordination
                    among programs;
                        (5) recommend methods to improve logistical
                    planning and support for Arctic research as may
                    be appropriate;
                        (6) suggest methods for improving efficient
                    sharing and dissemination of data and
                    information on the Arctic among interested
                    public and private institutions;
                        (7) offer other recommendations and advice
                    to the Interagency Arctic Research Policy
                    Committee as it may find appropriate; and
                        (8) cooperate with the Governor of the
                    State of Alaska, and with agencies and
                    organizations of that State which the Governor
                    may designate, with respect to the formulation
                    of Arctic research policy.
                (b) Not later than January 31 of each year, the
            Commission shall:
                        (1) submit to the President and Congress a
                    report describing the activities and
                    accomplishments of the Commission during the
                    immediately preceding fiscal year; and
                        (2) publish a statement of goals and
                    objectives with respect to Arctic research to
                    guide the Interagency Arctic Research Policy
                    Committee in the performance of its duties.

    Sec. 5. Responsibilities of Federal Agencies.
                (a) The heads of Executive agencies shall, to the
            extent permitted by law, and in accordance with Section
            105 of the Act, provide the Commission such information
            as it may require for purposes of carrying out its
            functions.
                (b) The heads of Executive agencies shall, upon
            reimbursement to be agreed upon by the Commission and
            the agency head, permit the Commission to utilize their
            facilities and services to the extent that the
            facilities and services are needed for the
            establishment and development of an Arctic research
            policy. The Commission shall take every feasible step
            to avoid duplication of effort.
                (c) All Federal agencies shall consult with the
            Commission before undertaking major Federal actions
            relating to Arctic research.

    Sec. 6. Administration of the Commission.
        Members of the Commission who are otherwise employed for
    compensation shall serve without compensation for their work on
    the Commission, but may be allowed travel expenses, including
    per diem in lieu of subsistence, as authorized by law for
    persons serving intermittently in the government service.
    Members of the Commission who are not otherwise employed for
    compensation shall be compensated for each day the member is
    engaged in actual performance of duties as a member, not to
    exceed 90 days of service each calendar year, at a rate equal
    to the daily equivalent of the rate for GS-16 of the General
    Schedule.

    Sec. 7. Establishment of Interagency Arctic Research Policy
    Committee.
        There is established the Interagency Arctic Research Policy
    Committee (the ``Interagency Committee''). The National Science
    Foundation shall serve as lead agency on the Interagency
    Committee and shall be responsible for implementing Arctic
    research policy.

    Sec. 8. Membership of the Interagency Committee.
        The Interagency Committee shall be composed of
    representatives of the following Federal agencies or their
    designees:
                (a) National Science Foundation;
                (b) Department of Commerce;
                (c) Department of Defense;
                (d) Department of Energy;
                (e) Department of the Interior;
                (f) Department of State;
                (g) Department of Transportation;
                (h) Department of Health and Human Services;
                (i) Department of Homeland Security;
                (j) National Aeronautics and Space Administration;
                (k) Environmental Protection Agency;
                (l) Office of Science and Technology Policy; and
                (m) any other Executive agency that the Director of
            the National Science Foundation shall deem appropriate.
            The Director of the National Science Foundation or his
            designee shall serve as Chairperson of the Interagency
            Committee.

    Sec. 9. Functions of the Interagency Committee.
                (a) The Interagency Committee shall:
                        (1) survey Arctic research conducted by
                    Federal, State, and local agencies,
                    universities, and other public and private
                    institutions to help determine priorities for
                    future Arctic research, including natural
                    resources and materials, physical and
                    biological sciences, and social and behavioral
                    sciences;
                        (2) work with the Commission to develop and
                    establish an integrated national Arctic
                    research policy that will guide Federal
                    agencies in developing and implementing their
                    research programs in the Arctic;
                        (3) consult with the Commission on:
                                (a) the development of the national
                            Arctic research policy and the 5-year
                            plan implementing the policy;
                                (b) Arctic research programs of
                            Federal agencies;
                                (c) recommendations of the
                            Commission on future Arctic research;
                            and
                                (d) guidelines for Federal agencies
                            for awarding and administering Arctic
                            research grants;
                        (4) develop a 5-year plan to implement the
                    national policy, as provided in section 109 of
                    the Act;
                        (5) provide the necessary coordination,
                    data, and assistance for the preparation of a
                    single integrated, coherent, and multiagency
                    budget request for Arctic research, as provided
                    in section 110 of the Act;
                        (6) facilitate cooperation between the
                    Federal government and State and local
                    governments in Arctic research, and recommend
                    the undertaking of neglected areas of research;
                        (7) coordinate and promote cooperative
                    Arctic scientific research programs with other
                    nations, subject to the foreign policy guidance
                    of the Secretary of State;
                        (8) cooperate with the Governor of the
                    State of Alaska in fulfilling its
                    responsibilities under the Act; and
                        (9) promote Federal interagency
                    coordination of all Arctic research activities,
                    including:
                                (a) logistical planning and
                            coordination; and
                                (b) the sharing of data and
                            information associated with Arctic
                            research, subject to section 552 of
                            title 5, United States Code.
                (b) Not later than January 31, 1986, and biennially
            thereafter, the Interagency Committee shall submit to
            the Congress through the President a report concerning:
                        (1) its activities and accomplishments
                    since its last report; and
                        (2) the activities of the Commission,
                    detailing with particularity the
                    recommendations of the Commission with respect
                    to Federal activities in Arctic research.

    Sec. 10. Public Participation.
        The Interagency Committee will provide public notice of its
    meetings and an opportunity for the public to participate in
    the development and implementation of national Arctic research
    policy. Sec. 11. Administration of Interagency Committee.
        Each agency represented on the Committee shall, to the
    extent permitted by law and subject to the availability of
    funds, provide the Committee with such administrative services,
    facilities, staff, and other support services as may be
    necessary for effective performance of its functions.

                             Executive Order 12555

                        Protection of Cultural Property

                            (As amended by EO 13284)

    =======================================================================

    Signed:                              March 10, 1986
    Federal Register page and date:      51 FR 8475; March 12, 1986
    Amends:                              EO 12139, May 23, 1979
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Convention on Cultural Property Implementation
    Act (Title III of Public Law 97446; hereinafter referred to as
    the ``Act''), and Section 301 of Title 3 of the United States
    Code, it is hereby ordered as follows:

    Section 1. United States Information Agency.
        The following functions conferred upon the President by the
    Act are hereby delegated to the Director of the United States
    Information Agency, acting in consultation with the Secretary
    of State and the Secretary of Homeland Security:
                (a) The functions conferred by section 303(a)(1)
            concerning determinations to be made prior to
            initiation of negotiations of bilateral or multilateral
            agreements.
                (b) The functions conferred by section 303(d) with
            respect to the determinations concerning the failure of
            other parties to an agreement to take any or
            satisfactory implementation action on their agreement;
            provided, however, that the Secretary of State will
            remain responsible for interpretation of the agreement.
                (c) The functions conferred by section 303(e)
            relating to the determinations to be made prior to the
            initiation of negotiations for the extension of any
            agreement.
                (d) The functions conferred by section 303(f)
            relating to the actions to be taken upon receipt of a
            request made by a State Party to the Convention on the
            Means of Prohibiting and Preventing the Illicit Import,
            Export and Transfer of Ownership of Cultural Property
            adopted by the Sixteenth General Conference of the
            United Nations Educational, Scientific and Cultural
            Organization (hereinafter referred to as the
            ``Convention'').
                (e) The functions conferred by section 303(g)(1)(B)
            relating to the notification of Presidential action and
            the furnishing of reports to the Congress.
                (f) The functions conferred by section 304(b) to
            the extent that they involve determinations by the
            President that an emergency condition applies with
            respect to any archaeological or ethnological material
            of any State Party to the Convention, subject to the
            limitations of sections 304(c)(1), 304(c)(2), and
            304(c)(3).
                (g) The functions conferred by section 304(c)(3) to
            the extent that they involve determinations to be made
            and the receipt and consideration of an advisory report
            from the Cultural Property Advisory Committee by the
            President prior to extensions of emergency import
            restrictions.
                (h) The functions conferred by sections 306(f)(6)
            and 306(g) relating to the receipt of reports prepared
            by the Cultural Property Advisory Committee.
                (i) The functions conferred by section 306(h)
            relating to the determinations to be made about the
            disclosure of matters involved in the Cultural Property
            Advisory Committee's proceedings.

    Sec. 2. Department of State.
        The following functions conferred upon the President by the
    Act are hereby delegated to the Secretary of State, acting in
    consultation with and with the participation of the Director of
    the United States Information Agency and in consultation with
    the Secretary of Homeland Security:
                (a) The functions conferred by section 303(a)(2)
            relating to the negotiation and conclusion of bilateral
            or multilateral agreements under the Act, subject to
            the restrictions of section 303(c).
                (b) The functions conferred by section 303(a)(4)
            relating to obtaining a commitment on the exchange of
            archaeological and ethnological materials from a party
            to an agreement.
                (c) The functions conferred by section 303(e)
            relating only to negotiation and conclusion of
            extensions of agreements under the Act.
                (d) Except with respect to subsection 303(g)(1)(B),
            the functions conferred by section 303(g), relating to
            the notification of Presidential action and the
            furnishing of reports to the Congress.
                (e) The functions conferred by section 304(c)(4) to
            the extent that they involve the negotiation and
            conclusion of agreements subject to advice and consent
            to ratification by the Senate.

    Sec. 3. Department of Homeland Security.
        The following functions conferred upon the President by the
    Act are hereby delegated to the Secretary of Homeland Security,
    acting in consultation with the Director of the United States
    Information Agency and the Secretary of State:
                (a) Subject to subsection (b) of Section 1 above,
            the functions conferred by section 303(d) to the extent
            that they involve the suspension of import
            restrictions.
                (b) Subject to subsection (f) and (g) of Section 1
            above, the functions conferred by section 304 to the
            extent that they involve the application of import
            restrictions set forth in section 307 and the extension
            of such import restrictions pursuant to section
            304(c)(3).

    Sec. 4. Enforcement in Territories and Other Areas.
        The Secretary of the Interior is designated to carry out
    the enforcement functions in section 314.

                             Executive Order 12580

                            Superfund Implementation

             (As amended by EO 12777, EO 13016, EO 13286, EO 13308)

    =======================================================================

    Signed:                              January 23, 1987
    Federal Register page and date:      52 FR 2923; January 29, 1987
    Amends:                              EO 12088, October 13, 1978
    Revokes:                             EO 12316, August 14, 1981
    Amended by:                          EO 12777, October 18, 1991
                                         EO 13016, August 28, 1996
                                         EO 13286, February 28, 2003
                                         EO 13308, June 20, 2003

    =======================================================================

        By the authority vested in me as President of the United
    States of America by Section 115 of the Comprehensive
    Environmental Response, Compensation, and Liability Act of
    1980, as amended (42 U.S.C. 9615 et seq.) (``the Act''), and by
    Section 301 of Title 3 of the United States Code, it is hereby
    ordered as follows:

    Section 1. National Contingency Plan.
                (a)(1) The National Contingency Plan (``the NCP''),
            shall provide for a National Response Team (``the
            NRT'') composed of representatives of appropriate
            Federal departments and agencies for national planning
            and coordination of preparedness and response actions,
            and Regional Response Teams as the regional
            counterparts to the NRT for planning and coordination
            of regional preparedness and response actions.
                        (2) The following agencies (in addition to
                    other appropriate agencies) shall provide
                    representatives to the National and Regional
                    Response Teams to carry out their
                    responsibilities under the NCP: Department of
                    State, Department of Defense, Department of
                    Justice, Department of the Interior, Department
                    of Agriculture, Department of Commerce,
                    Department of Labor, Department of Health and
                    Human Services, Department of Transportation,
                    Department of Energy, Department of Homeland
                    Security, Environmental Protection Agency,
                    United States Coast Guard, and the Nuclear
                    Regulatory Commission.
                        (3) Except for periods of activation
                    because of response action, the representative
                    of the Environmental Protection Agency
                    (``EPA'') shall be the chairman, and the
                    representative of the United States Coast Guard
                    shall be the vice chairman, of the NRT and
                    these agencies' representatives shall be co-
                    chairs of the Regional Response Teams (``the
                    RRTs''). When the NRT or an RRT is activated
                    for a response action, the EPA representative
                    shall be the chairman when the release or
                    threatened release or discharge or threatened
                    discharge occurs in the inland zone, and the
                    United States Coast Guard representative shall
                    be the chairman when the release or threatened
                    release or discharge or threatened discharge
                    occurs in the coastal zone, unless otherwise
                    agreed upon by the EPA and the United States
                    Coast Guard representatives (inland and coastal
                    zones are defined in the NCP).
                        (4) The RRTs may include representatives
                    from State governments, local governments (as
                    agreed upon by the States), and Indian tribal
                    governments. Subject to the functions and
                    authorities delegated to Executive departments
                    and agencies in other sections of this order,
                    the NRT shall provide policy and program
                    direction to the RRTs.
                (b) (1) The responsibility for the revision of the
            NCP and all the other functions vested in the President
            by Sections 105(a), (b), (c), (g) and (h), 125, and
            301(f) of the Act, by Section 311(d)(1) of the Federal
            Water Pollution Control Act, and by Section 4201(c) of
            the Oil Pollution Act of 1990 is delegated to the
            Administrator of the Environmental Protection Agency
            (``the Administrator'').
                        (2) The function vested in the President by
                    Section 118(p) of the Superfund Amendments and
                    Reauthorization Act of 1986 (Pub. L. 99 - 499)
                    (``SARA'') is delegated to the Administrator.
                (c) In accord with Section 107(f)(2)(A) of the Act,
            Section 311(f)(5) of the Federal Water Pollution
            Control Act, as amended (33 U.S.C. 1321(f)(5)), and
            Section 1006(b) (1) and (2) of the Oil Pollution Act of
            1990, the following shall be among those designated in
            the NCP as Federal trustees for natural resources:
                        (1) Secretary of Defense;
                        (2) Secretary of the Interior;
                        (3) Secretary of Agriculture;
                        (4) Secretary of Commerce;
                        (5) Secretary of Energy.
                In the event of a spill, the above named Federal
            trustees for natural resources shall designate one
            trustee to act as Lead Administrative Trustee, the
            duties of which shall be defined in the regulations
            promulgated pursuant to Section 1006(e)(1) of OPA. If
            there are natural resource trustees other than those
            designated above which are acting in the event of a
            spill, those other trustees may join with the Federal
            trustees to name a Lead Administrative Trustee which
            shall exercise the duties defined in the regulations
            promulgated pursuant to Section 1006(e)(1) of OPA.
                (d) Revisions to the NCP shall be made in
            consultation with members of the NRT prior to
            publication for notice and comment.
                (e) All revisions to the NCP, whether in proposed
            or final form, shall be subject to review and approval
            by the Director of the Office of Management and Budget
            (``OMB'').''
                (b) The functions vested in the President by
            Section 311(j)(4) of FWPCA, and Section 4202(b)(1) of
            OPA, respecting the designation of Areas, the
            appointment of Area Committee members, the requiring of
            information to be included in Area Contingency Plans,
            and the review and approval of Area Contingency Plans
            are delegated to the Administrator of the Environmental
            Protection Agency (``Administrator'') for the inland
            zone and the Secretary of the Department in which the
            Coast Guard is operating for the coastal zone (inland
            and coastal zones are defined in the NCP).

    Sec. 2. Response and Related Authorities.
                (a) The functions vested in the President by the
            first sentence of Section 104(b)(1) of the Act relating
            to ``illness, disease, or complaints thereof' are
            delegated to the Secretary of Health and Human Services
            who shall, in accord with Section 104(i) of the Act,
            perform those functions through the Public Health
            Service.
                (b) The functions vested in the President by
            Sections 104(e)(7)(C), 113(k)(2), 119(c)(7), and
            121(f)(1) of the Act, relating to promulgation of
            regulations and guidelines, are delegated to the
            Administrator, to be exercised in consultation with the
            NRT.
                (c)(1) The functions vested in the President by
            Sections 104(a) and the second sentence of 126(b) of
            the Act, to the extent they require permanent
            relocation of residents, businesses, and community
            facilities or temporary evacuation and housing of
            threatened individuals not otherwise provided for, are
            delegated to the Director of the Federal Emergency
            Management Agency.
                        (2) Subject to subsection (b) of this
                    Section, the functions vested in the President
                    by Sections 117(a) and (c), and 119 of the Act,
                    to the extent such authority is needed to carry
                    out the functions delegated under paragraph
                    (1)of this subsection, are delegated to the
                    Director of the Federal Emergency Management
                    Agency.
                (d) Subject to subsections (a), (b) and (c) of this
            Section, the functions vested in the President by
            Sections 104(a), (b) and (c)(4), 113(k), 117(a) and
            (c), 119, and 121 of the Act are delegated to the
            Secretaries of Defense and Energy, with respect to
            releases or threatened releases where either the
            release is on or the sole source of the release is from
            any facility or vessel under the jurisdiction, custody
            or control of their departments, respectively,
            including vessels bare-boat chartered and operated.
            These functions must be exercised consistent with the
            requirements of Section 120 of the Act.
                (e)(1) Subject to subsections (a), (b), (c), and
            (d) of this Section, the functions vested in the
            President by Sections 104(a), (b), and (c)(4), and 121
            of the Act are delegated to the heads of Executive
            departments and agencies, with respect to remedial
            actions for releases or threatened releases which are
            not on the National Priorities List (``the NPL'') and
            removal actions other than emergencies, where either
            the release is on or the sole source of the release is
            from any facility or vessel under the jurisdiction,
            custody or control of those departments and agencies,
            including vessels bare-boat chartered and operated. The
            Administrator shall define the term ``emergency'',
            solely for the purposes of this subsection, either by
            regulation or by a memorandum of understanding with the
            head of an Executive department or agency.
                        (2) Subject to subsections (b), (c), and
                    (d) of this Section, the functions vested in
                    the President by Sections 104(b)(2), 113(k),
                    117(a) and (c), and 119 of the Act are
                    delegated to the heads of Executive departments
                    and agencies, with respect to releases or
                    threatened releases where either the release is
                    on or the sole source of the release is from
                    any facility or vessel under the jurisdiction,
                    custody or control of those departments and
                    agencies, including vessels bare-boat chartered
                    and operated.
                (f) Subject to subsections (a), (b), (c), (d), and
            (e) of this Section, the functions vested in the
            President by Sections 104(a), (b) and (c)(4), 113(k),
            117(a) and (c), 119, and 121 of the Act are delegated
            to the Secretary of the Department in which the Coast
            Guard is operating (``the Coast Guard''), with respect
            to any release or threatened release involving the
            coastal zone, Great Lakes waters, ports, and harbors.
                (g) Subject to subsections (a), (b), (c), (d), (e),
            and (f) of this Section, the functions vested in the
            President by Sections 101(24), 104(a), (b), (c)(4) and
            (c)(9), 113(k), 117(a) and (c), 119, 121, and 126(b) of
            the Act are delegated to the Administrator. The
            Administrator's authority under Section 119 of the Act
            is retroactive to the date of enactment of SARA.
                (h) The functions vested in the President by
            Section 104(c)(3) of the Act are delegated to the
            Administrator, with respect to providing assurances for
            Indian tribes, to be exercised in consultation with the
            Secretary of the Interior.
                (i) Subject to subsections (d), (e), (f), (g) and
            (h) of this Section, the functions vested in the
            President by Section 104(c) and (d) of the Act are
            delegated to the Coast Guard, the Secretary of Health
            and Human Services, the Director of the Federal
            Emergency Management Agency, and the Administrator in
            order to carry out the functions delegated to them by
            this Section.
                (j)(1) The functions vested in the President by
            Section 104(e)(5)(A) are delegated to the heads of
            Executive departments and agencies, with respect to
            releases or threatened releases where either the
            release is on or the sole source of the release is from
            any facility or vessel under the jurisdiction, custody
            or control of those departments and agencies, to be
            exercised with the concurrence of the Attorney General.
                        (2) Subject to subsection (b) of this
                    Section and paragraph (1) of this subsection,
                    the functions vested in the President by
                    Section 104(e) are delegated to the heads of
                    Executive departments and agencies in order to
                    carry out their functions under this Order or
                    the Act.
                (k) The functions vested in the President by
            Sections 104(f), (g), (h), (i)(11), and (j) of the Act
            are delegated to the heads of Executive departments and
            agencies in order to carry out the functions delegated
            to them by this Section. The exercise of authority
            under Section 104(h) of the Act shall be subject to the
            approval of the Administrator of the Office of Federal
            Procurement Policy.

    Sec. 3. Cleanup Schedules.
                (a) The functions vested in the President by
            Sections 116(a) and the first two sentences of 105(d)
            of the Act are delegated to the heads of Executive
            departments and agencies with respect to facilities
            under the jurisdiction, custody or control of those
            departments and agencies.
                (b) Subject to subsection (a) of this Section, the
            functions vested in the President by Sections 116 and
            105(d) are delegated to the Administrator.

    Sec. 4. Enforcement.
                (a) The functions vested in the President by
            Sections 109(d) and 122(e) (3) (A) of the Act, relating
            to development of regulations and guidelines, are
            delegated to the Administrator, to be exercised in
            consultation with the Attorney General.
                (b)(1) Subject to subsection (a) of this Section,
            the functions vested in the President by Section 122
            (except subsection (b)(1)) are delegated to the heads
            of Executive departments and agencies, with respect to
            releases or threatened releases not on the NPL where
            either the release is on or the sole source of the
            release is from any facility under the jurisdiction,
            custody or control of those Executive departments and
            agencies. These functions may be exercised only with
            the concurrence of the Attorney General.
                        (2) Subject to subsection (a) of this
                    Section, the functions vested in the President
                    by Section 109 of the Act, relating to
                    violations of Section 122 of the Act, are
                    delegated to the heads of Executive departments
                    and agencies, with respect to releases or
                    threatened releases not on the NPL where either
                    the release is on or the sole source of the
                    release is from any facility under the
                    jurisdiction, custody or control of those
                    Executive departments and agencies. These
                    functions may be exercised only with the
                    concurrence of the Attorney General.
                (c)(1) Subject to subsection (a) and (b)(1) of this
            Section, the functions vested in the President by
            Sections 106(a) and 122 of the Act are delegated to the
            Coast Guard with respect to any release or threatened
            release involving the coastal zone, Great Lakes waters,
            ports, and harbors.
                        (2) Subject to subsection (a) and (b)(2) of
                    this Section, the functions vested in the
                    President by Section 109 of the Act, relating
                    to violations of Sections 103(a) and (b), and
                    122 of the Act, are delegated to the Coast
                    Guard with respect to any release or threatened
                    release involving the coastal zone, Great Lakes
                    waters, ports, and harbors.
                        (3) Subject to subsections (a) and (b)(1)
                    of this section, the functions vested in the
                    President by sections 106(a) and 122 (except
                    subsection (b)(1)) of the Act are delegated to
                    the Secretary of the Interior, the Secretary of
                    Commerce, the Secretary of Agriculture, the
                    Secretary of Defense, and the Secretary of
                    Energy, to be exercised only with the
                    concurrence of the Coast Guard, with respect to
                    any release or threatened release in the
                    coastal zone, Great Lakes waters, ports, and
                    harbors, affecting (1) natural resources under
                    their trusteeship, or (2) a vessel or facility
                    subject to their custody, jurisdiction, or
                    control. Such authority shall not be exercised
                    at any vessel or facility at which the Coast
                    Guard is the lead Federal agency for the
                    conduct or oversight of a response action. Such
                    authority shall not be construed to authorize
                    or permit use of the Hazardous Substance
                    Superfund to implement section 106 or to fund
                    performance of any response action in lieu of
                    the payment by a person who receives but does
                    not comply with an order pursuant to section
                    106(a), where such order has been issued by the
                    Secretary of the Interior, the Secretary of
                    Commerce, the Secretary of Agriculture, the
                    Secretary of Defense, or the Secretary of
                    Energy.
                        This subsection shall not be construed to
                    limit any authority delegated by any other
                    section of this order. Authority granted under
                    this subsection shall be exercised in a manner
                    to ensure interagency coordination that
                    enhances efficiency and effectiveness.
                (d)(1) Subject to subsections (a), (b)(1), and
            (c)(1) of this Section, the functions vested in the
            President by Sections 106 and 122 of the Act are
            delegated to the Administrator.
                        (2) Subject to subsections (a), (b)(2), and
                    (c)(2) of this Section, the functions vested in
                    the President by Section 109 of the Act,
                    relating to violations of Sections 103 and 122
                    of the Act, are delegated to the Administrator.
                        (3) Subject to subsections (a), (b)(1), and
                    (c)(1) of this section, the functions vested in
                    the President by sections 106(a) and 122
                    (except subsection (b)(1)) of the Act are
                    delegated to the Secretary of the Interior, the
                    Secretary of Commerce, the Secretary of
                    Agriculture, the Secretary of Defense, and the
                    Department of Energy, to be exercised only with
                    the concurrence of the Administrator, with
                    respect to any release or threatened release
                    affecting (1) natural resources under their
                    trusteeship, or (2) a vessel or facility
                    subject to their custody, jurisdiction, or
                    control. Such authority shall not be exercised
                    at any vessel or facility at which the
                    Administrator is the lead Federal official for
                    the conduct or oversight of a response action.
                    Such authority shall not be construed to
                    authorize or permit use of the Hazardous
                    Substance Superfund to implement section 106 or
                    to fund performance of any response action in
                    lieu of the payment by a person who receives
                    but does not comply with an order pursuant to
                    section 106(a), where such order has been
                    issued by the Secretary of the Interior, the
                    Secretary of Commerce, the Secretary of
                    Agriculture, the Secretary of Defense, or the
                    Secretary of Energy. This subsection shall not
                    be construed to limit any authority delegated
                    by any other section of this order. Authority
                    granted under this subsection shall be
                    exercised in a manner to ensure interagency
                    coordination that enhances efficiency and
                    effectiveness.
                (e) Notwithstanding any other provision of this
            Order, the authority under Sections 104(e)(5)(A) and
            106(a) of the Act to seek information, entry,
            inspection, samples, or response actions from Executive
            departments and agencies may be exercised only with the
            concurrence of the Attorney General.

    Sec. 5. Liability.
                (a) The function vested in the President by Section
            107(c)(1)(c) of the Act is delegated to the Secretary
            of Transportation.
                (b) The functions vested in the President by
            Section 107(c)(3) of the Act are delegated to the Coast
            Guard with respect to any release or threatened release
            involving the coastal zone, Great Lakes waters, ports,
            and harbors.
                (c) Subject to subsection (b) of this Section, the
            functions vested in the President by Section 107(c)(3)
            of the Act are delegated to the Administrator.
                (d) The functions vested in the President by
            Section 107(f)(1) of the Act are delegated to each of
            the Federal trustees for natural resources designated
            in the NCP for resources under their trusteeship.
                (e) The functions vested in the President by
            Section 107(f)(2)(B) of the Act, to receive
            notification of the state natural resource trustee
            designations, are delegated to the Administrator.
                (f) The functions vested in the President by
            Section 107(o) and (p) of the Act are delegated to the
            heads of the Executive departments and agencies, to be
            exercised in consultation with the Administrator, with
            respect to releases or threatened releases where either
            the release is on or the sole source of the release is
            from any facility under the jurisdiction, custody, or
            control of those departments and agencies.
                (g) Subject to subsection (f) of this Section, the
            functions vested in the President by Section 107(o) and
            (p) of the Act are delegated to the Administrator
            except that, with respect to determinations regarding
            natural resource restoration, the Administrator shall
            make such determinations in consultation with the
            appropriate Federal natural resource trustee.

    Sec. 6. Litigation.
                a) Notwithstanding any other provision of this
            Order, any representation pursuant to or under this
            Order in any judicial proceeding shall be by or through
            the Attorney General. The conduct and control of all
            litigation arising under the Act shall be the
            responsibility of the Attorney General.
                (b) Notwithstanding any other provision of this
            Order, the authority under the Act to require the
            Attorney General to commence litigation is retained by
            the President.
                (c) The functions vested in the President by
            Section 113(g) of the Act, to receive notification of a
            natural resource trustee's intent to file suit, are
            delegated to the heads of Executive departments and
            agencies with respect to response actions for which
            they have been delegated authority under Section 2 of
            this Order. The Administrator shall promulgate
            procedural regulations for providing such notification.
                (d) The functions vested in the President by
            Sections 310 (d) and (e) of the Act, relating to
            promulgation of regulations, are delegated to the
            Administrator.

    Sec. 7. Financial Responsibility.
                (a) The functions vested in the President by
            Section 107(k)(4)(B) of the Act are delegated to the
            Secretary of the Treasury. The Administrator will
            provide the Secretary with such technical information
            and assistance as the Administrator may have available.
                (b)(1) The functions vested in the President by
            Section 108(a)(1) of the Act are delegated to the Coast
            Guard.
                        (2) Subject to Section 4(a) of this Order,
                    the functions vested in the President by
                    Section 109 of the Act, relating to violations
                    of Section 108(a)(1) of the Act, are delegated
                    to the Coast Guard.
                (c)(1) The functions vested in the President by
            Section 108(b) of the Act are delegated to the
            Secretary of Transportation with respect to all
            transportation related facilities, including any
            pipeline, motor vehicle, rolling stock, or aircraft.
                        (2) Subject to Section 4(a) of this Order,
                    the functions vested in the President by
                    Section 109 of the Act, relating to violations
                    of Section 108(a)(3) of the Act, are delegated
                    to the Secretary of Transportation.
                        (3) Subject to Section 4(a) of this Order,
                    the functions vested in the President by
                    Section 109 of the Act, relating to violations
                    of Section 108(b) of the Act, are delegated to
                    the Secretary of Transportation with respect to
                    all transportation related facilities,
                    including any pipeline, motor vehicle, rolling
                    stock, or aircraft.
                (d)(1) Subject to subsection (c)(1) of this
            Section, the functions vested in the President by
            Section 108(a)(4) and (b) of the Act are delegated to
            the Administrator.
                        (2) Subject to Section 4(a) of this Order
                    and subsection (c)(3) of this Section, the
                    functions vested in the President by Section
                    109 of the Act, relating to violations of
                    Section 108(a)(4) and (b) of the Act, are
                    delegated to the Administrator.

    Sec. 8. Employee Protection and Notice to Injured.
                (a) The functions vested in the President by
            Section 110(e) of the Act are delegated to the
            Administrator.
                (b) The functions vested in the President by
            Section 111(g) of the Act are delegated to the
            Secretaries of Defense and Energy with respect to
            releases from facilities or vessels under the
            jurisdiction, custody or control of their departments,
            respectively, including vessels bare-boat chartered and
            operated.
                (c) Subject to subsection (b) of this Section, the
            functions vested in the President by Section 111(g) of
            the Act are delegated to the Administrator.

    Sec. 9. Management of the Hazardous Substance Superfund and
    Claims.
                (a) The functions vested in the President by
            Section 111(a) of the Act are delegated to the
            Administrator, subject to the provisions of this
            Section and other applicable provisions of this Order.
                (b) The Administrator shall transfer to other
            agencies, from the Hazardous Substance Superfund out of
            sums appropriated, such amounts as the Administrator
            may determine necessary to carry out the purposes of
            the Act. These amounts shall be consistent with the
            President's Budget, within the total approved by the
            Congress, unless a revised amount is approved by OMB.
            Funds appropriated specifically for the Agency for
            Toxic Substances and Disease Registry (``ATSDR''),
            shall be directly transferred to ATSDR, consistent with
            fiscally responsible investment of trust fund money.
                (c) The Administrator shall chair a budget task
            force composed of representatives of Executive
            departments and agencies having responsibilities under
            this Order or the Act. The Administrator shall also, as
            part of the budget request for the Environmental
            Protection Agency, submit to OMB a budget for the
            Hazardous Substance Superfund which is based on
            recommended levels developed by the budget task force.
            The Administrator may prescribe reporting and other
            forms, procedures, and guidelines to be used by the
            agencies of the Task Force in preparing the budget
            request, consistent with budgetary reporting
            requirements issued by OMB. The Administrator shall
            prescribe forms to agency task force members for
            reporting the expenditure of funds on a site specific
            basis.
                (d) The Administrator and each department and
            agency head to whom funds are provided pursuant to this
            Section, with respect to funds provided to them, are
            authorized in accordance with Section 111(t) of the Act
            to designate Federal officials who may obligate such
            funds.
                (e) The functions vested in the President by
            Section 112 of the Act are delegated to the
            Administrator for all claims presented pursuant to
            Section 111 of the Act.
                (f) The functions vested in the President by
            Section 111(o) of the Act are delegated to the
            Administrator.
                (g) The functions vested in the President by
            Section 117(e) of the Act are delegated to the
            Administrator, to be exercised in consultation with the
            Attorney General.
                (h) The functions vested in the President by
            Section 123 of the Act are delegated to the
            Administrator.
                (i) Funds from the Hazardous Substance Superfund
            may be used, at the discretion of the Administrator or
            the Coast Guard, to pay for removal actions for
            releases or threatened releases from facilities or
            vessels under the jurisdiction, custody or control of
            Executive departments and agencies but must be
            reimbursed to the Hazardous Substance Superfund by such
            Executive department or agency.

    Sec. 10. Federal Facilities.
                (a) When necessary, prior to selection of a
            remedial action by the Administrator under Section
            120(e)(4)(A) of the Act, Executive agencies shall have
            the opportunity to present their views to the
            Administrator after using the procedures under Section
            1-6 of Executive Order No. 12088 of October 13, 1978,
            or any other mutually acceptable process.
            Notwithstanding subsection 1-602 of Executive Order No.
            12088, the Director of the Office of Management and
            Budget shall facilitate resolution of any issues.
                        (b) Executive Order No. 12088 of October
                    13, 1978, is amended by renumbering the current
                    Section 1-802 as Section 1-803 and inserting
                    the following new Section 1-802:
                        ``1-802. Nothing in this Order shall create
                    any right or benefit, substantive or
                    procedural, enforceable at law by a party
                    against the United States, its agencies, its
                    officers, or any person.''

    Sec. 11. General Provisions.
                (a) The function vested in the President by Section
            101 (37) of the Act is delegated to the Administrator.
                (b)(1) The function vested in the President by
            Section 105(1) of the Act, relating to reporting on
            minority participation in contracts, is delegated to
            the Administrator.
                        (2) Subject to paragraph i of this
                    subsection, the functions vested in the
                    President by Section 105(1) of the Act are
                    delegated to the heads of Executive departments
                    and agencies in order to carry out the
                    functions delegated to them by this Order. Each
                    Executive department and agency shall provide
                    to the Administrator any requested information
                    on minority contracting for inclusion in the
                    Section 105(1) annual report.
                (c) The functions vested in the President by
            Section 126(c) of the Act are delegated to the
            Administrator, to be exercised in consultation with the
            Secretary of the Interior.
                (d) The functions vested in the President by
            Section 301(c) of the Act are delegated to the
            Secretary of the Interior.
                (e) Each agency shall have authority to issue such
            regulations as may be necessary to carry out the
            functions delegated to them by this Order.
                (f) The performance of any function under this
            Order shall be done in consultation with interested
            Federal departments and agencies represented on the
            NRT, as well as with any other interested Federal
            agency.
                (g) The following functions vested in the President
            by the Act which have been delegated or assigned by
            this Order may be redelegated to the head of any
            Executive department or agency with his consent:
            functions set forth in Sections 2 (except subsection
            (b)), 3, 4(b), 4(c), 4(d), 5(b), 5(c), and 8(c) of this
            Order.
                (h) Executive Order No. 12316 of August 14, 1981,
            is revoked.

    Sec. 12. Brownfields.
                (a) The functions vested in the President by
            Sections 101(39) and (41) and 104(k) of the Act are
            delegated to the Administrator.
                (b) The functions vested in the President by
            Section 128(b)(1)(B)(ii) of the Act are delegated to
            the heads of the Executive departments and agencies, to
            be exercised in consultation with the Administrator,
            with respect to property subject to their jurisdiction,
            custody, or control.
                (c) The functions vested in the President by
            Section 128(b)(1)(E) of the Act are delegated to the
            heads of Executive departments and agencies in cases
            where they have acted under subsection (b) of this
            Section.
                (d) Subject to subsections (b) and (c) of this
            Section, the functions vested in the President by
            Section 128 of the Act are delegated to the
            Administrator.

    Sec. 13. Preservation of Authorities.
        Nothing in this order shall be construed to impair or
    otherwise affect the functions of the Director of the Office of
    Management and Budget relating to budget, administrative, or
    legislative proposals.

    Sec. 14. General Provision.
        This order is intended only to improve the internal
    management of the Federal Government and is not intended to,
    and does not, create any right or benefit, substantive or
    procedural, enforceable at law or equity by a party against the
    United States, its departments, agencies, instrumentalities, or
    entities, its officers or employees, or any other person.

                             Executive Order 12590

                           National Drug Policy Board

                            (As amended by EO 13286)

    =======================================================================

    Signed:                               March 26, 1987
    Federal Register page and date:      52 FR 10021; March 30, 1987
    Amends:                              EO 12368, June 24, 1982
    Amended by:                          EO 13284, January 23, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 872, 873, 1111, 1112, 1113, 1114, 1202, and
    1203 of title 21 of the United States Code, and in order to
    coordinate the performance of all drug abuse policy functions
    of the Federal government, it is hereby ordered as follows:

    Section 1. Establishment.
                (a) There is hereby established the National Drug
            Policy Board (``the Board'').
                (b) The Board shall be composed of the following
            members:
                        (1) the Attorney General, who shall serve
                    as Chairman;
                        (2) the Secretary of Health and Human
                    Services, who shall serve as Vice Chairman;
                        (3) the Secretary of State;
                        (4) the Secretary of the Treasury;
                        (5) the Secretary of Defense;
                        (6) the Secretary of the Interior;
                        (7) the Secretary of Agriculture;
                        (8) the Secretary of Labor; (9) the
                    Secretary of Housing and Urban Development;
                        (10) the Secretary of Transportation;
                        (11) the Secretary of Energy;
                        (12) the Secretary of Education;
                        (13) the Secretary of Homeland Security;
                        (14) the Director of the Office of
                    Management and Budget;
                        (15) the Assistant to the President for
                    National Security Affairs;
                        (16) the Director of Central Intelligence;
                        (17) the Chief of Staff to the Vice
                    President;
                        (18) the Director of the White House Drug
                    Abuse Policy Office; and
                        (19) such other members as the President
                    may, from time to time, designate.

    Sec. 2. Functions.
                (a) The Board shall facilitate the development and
            coordination of national drug policy and shall
            coordinate activities of Executive departments and
            agencies to reduce the supply and use of illegal drugs,
            including international activities, enforcement,
            prevention and education, treatment and rehabilitation,
            and research relating to illegal drugs.
                (b) In furtherance of its responsibilities, the
            Board shall:
                        (1) review, evaluate and develop United
                    States Government policy, strategy and
                    resources with respect to illegal drug law
                    enforcement, prevention and education,
                    treatment and rehabilitation, and research
                    efforts, including budgetary priorities and
                    national plans and strategies;
                        (2) facilitate coordination of efforts of
                    all Executive departments and agencies to halt
                    national and international trafficking of
                    illegal drugs and to reduce drug abuse;
                        (3) coordinate the collection and
                    evaluation of information necessary to
                    implement United States policy with respect to
                    illegal drug law enforcement and to the
                    reduction of drug abuse; and
                        (4) provide policy guidance to the agencies
                    and facilitate resolution of differences in
                    this area concerning interagency activities and
                    other matters affecting two or more agencies.
                (c) In order to help coordinate the activities of
            Executive departments and agencies with responsibility
            for drug law enforcement and drug abuse reduction, and
            to supervise implementation of the determinations of
            the Board, the Chairman shall:
                        (1) advise the Board in matters concerning
                    its responsibilities;
                        (2) make recommendations to the Board for
                    the coordination of drug enforcement and drug
                    abuse reduction activities;
                        (3) correlate and evaluate intelligence and
                    other information to support the activities of
                    the Board;
                        (4) act as primary advisor to the President
                    and the Congress on national and international
                    programs and policies and the implementation of
                    those policies; and
                        (5) perform such other duties as the
                    President may direct.
                (d) The Board shall carry out all duties and
            responsibilities of the National Drug Enforcement
            Policy Board, as set forth in Chapter XIII (The
            National Narcotics Act) of Title II of Public Law 98-
            473.
                (e) Nothing in this Order shall be deemed to affect
            the authorities or responsibilities of the Office of
            Management and Budget, or any Office or official
            thereof.

    Sec. 3. Coordinating Groups.
        The Board shall establish a Drug Enforcement Coordinating
    Group and a Drug Abuse Prevention and Health Coordinating
    Group. The membership and chairman of each Coordinating Group
    shall be designated by the Chairman of the Board.

    Sec. 4. Conforming Amendments.
                (a) Section I of Executive Order No. 12368 is
            amended to provide as follows:
        ``The Office of Policy Development has been assigned to
    assist the President and the National Drug Policy Board in the
    performance of the. drug policy functions contained in Section
    201 of Title II of the Drug Abuse Prevention, Treatment, and
    Rehabilitation Act, as amended (21 U.S.C. 1111). Within the
    Office of Policy Development, the Director of the Drug Abuse
    Policy Office shall be primarily responsible for assisting the
    President and the Board in the performance of those
    functions.''
                (b) Section 2 of Executive Order No. 12368 is
            amended by deleting ``Director of the Drug Abuse Policy
            Office'' and inserting in lieu thereof ``National Drug
            Policy Board'' and by deleting ``he'' and inserting in
            lieu thereof ``the National Drug Policy Board.''

                             Executive Order 12656

             Assignment of Emergency Preparedness Responsibilities

             (As amended by EO 13074, EO 13228, EO 13286, EO 13286)

    =======================================================================

    Signed:                              November 18, 1988
    Federal Register page and date:      53 FR 47491; November 23, 1988
    Amends:                              EO 12088, October 13, 1978
    Revokes:                             EO 10421, December 31, 1952
                                         EO 11490, October 28, 1969
    Amended by:                          EO 13074, February 9, 1998
                                         EO 13228, October 8, 2001
                                         EO 13286, February

    =======================================================================

        Whereas our national security is dependent upon our ability
    to assure continuity of government, at every level, in any
    national security emergency situation that might confront the
    Nation; and
        Whereas effective national preparedness planning to meet
    such an emergency, including a massive nuclear attack, is
    essential to our national survival; and
        Whereas effective national preparedness planning requires
    the identification of functions that would have to be performed
    during such an emergency, the assignment of responsibility for
    developing plans for performing these functions, and the
    assignment of responsibility for developing the capability to
    implement those plans; and
        Whereas the Congress has directed the development of such
    national security emergency preparedness plans and has provided
    funds for the accomplishment thereof;
        Now, Therefore, by virtue of the authority vested in me as
    President by the Constitution and laws of the United States of
    America, and pursuant to Reorganization Plan No. 1 of 1958 (72
    Stat. 1799), the National Security Act of 1947, as amended, the
    Defense Production Act of 1950, as amended, and the Federal
    Civil Defense Act, as amended, it is hereby ordered that the
    responsibilities of the Federal departments and agencies in
    national security emergencies shall be as follows:

    Part 1-Preamble

    Section 101. National Security Emergency Preparedness Policy.
                (a) The policy of the United States is to have
            sufficient capabilities at all levels of government to
            meet essential defense and civilian needs during any
            national security emergency. A national security
            emergency is any occurrence, including natural
            disaster, military attack, technological emergency, or
            other emergency, that seriously degrades or seriously
            threatens the national security of the United States.
            Policy for national security emergency preparedness
            shall be established by the President. Pursuant to the
            President's direction, the National Security Council
            shall be responsible for developing and administering
            such policy, except that the Homeland Security Council
            shall be responsible for administering such policy with
            respect to terrorist threats and attacks within the
            United States. All national security emergency
            preparedness activities shall be consistent with the
            Constitution and laws of the United States and with
            preservation of the constitutional government of the
            United States.
                (b) Effective national security emergency
            preparedness planning requires: identification of
            functions that would have to be performed during such
            an emergency; development of plans for performing these
            functions; and development of the capability to execute
            those plans.

    Sec. 102. Purpose.
                (a) The purpose of this Order is to assign national
            security emergency preparedness responsibilities to
            Federal departments and agencies. These assignments are
            based, whenever possible, on extensions of the regular
            missions of the departments and agencies.
                (b) This Order does not constitute authority to
            implement the plans prepared pursuant to this Order.
            Plans so developed may be executed only in the event
            that authority for such execution is authorized by law.

    Sec. 103. Scope.
                (a) This Order addresses national security
            emergency preparedness functions and activities. As
            used in this Order, preparedness functions and
            activities include, as appropriate, policies, plans,
            procedures, and readiness measures that enhance the
            ability of the United States Government to mobilize
            for, respond to, and recover from a national security
            emergency.
                (b) This Order does not apply to those natural
            disasters, technological emergencies, or other
            emergencies, the alleviation of which is normally the
            responsibility of individuals, the private sector,
            volunteer organizations, State and local governments,
            and Federal departments and agencies unless such
            situations also constitute a national security
            emergency.
                (c) This Order does not require the provision of
            information concerning, or evaluation of, military
            policies, plans, programs, or states of military
            readiness.
                (d) This Order does not apply to national security
            emergency preparedness telecommunications functions and
            responsibilities that are otherwise assigned by
            Executive Order 12472.

    Sec. 104. Management of National Security Emergency
    Preparedness.
                (a) The National Security Council is the principal
            forum for consideration of national security emergency
            preparedness policy, except that the Homeland Security
            Council is the principal forum for consideration of
            policy relating to terrorist threats and attacks within
            the United States.
                (b) The National Security Council and the Homeland
            Security Council shall arrange for Executive branch
            liaison with, and assistance to, the Congress and the
            Federal judiciary on national security-emergency
            preparedness matters.
                (c) The Secretary of Homeland Security shall serve
            as an advisor to the National Security Council on
            issues of national security emergency preparedness,
            including mobilization preparedness, civil defense,
            continuity of government, technological disasters, and
            other issues, as appropriate. Pursuant to such
            procedures for the organization and management of the
            National Security Council and Homeland Security Council
            processes as the President may establish, the Secretary
            of Homeland Security also shall assist in the
            implementation of and management of those processes as
            the President may establish. The Secretary of Homeland
            Security also shall assist in the implementation of
            national security emergency preparedness policy by
            coordinating with the other Federal departments and
            agencies and with State and local governments, and by
            providing periodic reports to the National Security
            Council and the Homeland Security Council on
            implementation of national security emergency
            preparedness policy.
                (d) National security emergency preparedness
            functions that are shared by more than one agency shall
            be coordinated by the head of the Federal department or
            agency having primary responsibility and shall be
            supported by the heads of other departments and
            agencies having related responsibilities.
                (e) There shall be a national security emergency
            exercise program that shall be supported by the heads
            of all appropriate Federal departments and agencies.
                (f) Plans and procedures will be designed and
            developed to provide maximum flexibility to the
            President for his implementation of emergency actions.

    Sec. 105. Interagency Coordination.
                (a) All appropriate Cabinet members and agency
            heads shall be consulted regarding national security
            emergency preparedness programs and policy issues. Each
            department and agency shall support interagency
            coordination to improve preparedness and response to a
            national security emergency and shall develop and
            maintain decentralized capabilities wherever feasible
            and appropriate.
                (b) Each Federal department and agency shall work
            within the framework established by, and cooperate with
            those organizations assigned responsibility in,
            Executive Order No. 12472, to ensure adequate national
            security emergency preparedness telecommunications in
            support of the functions and activities addressed by
            this Order.

    Part 2-General Provisions

    Sec. 201. General.
        The head of each Federal department and agency, as
    appropriate, shall:
                (1) Be prepared to respond adequately to all
            national security emergencies, including those that are
            international in scope, and those that may occur within
            any region of the Nation;
                (2) Consider national security emergency
            preparedness factors in the conduct of his or her
            regular functions, particularly those functions
            essential in time of emergency. Emergency plans and
            programs, and an appropriate state of readiness,
            including organizational infrastructure, shall be
            developed as an integral part of the continuing
            activities of each Federal department and agency;
                (3) Appoint a senior policy official as Emergency
            Coordinator, responsible for developing and maintaining
            a multi-year, national security emergency preparedness
            plan for the department or agency to include
            objectives, programs, and budgetary requirements;
                (4) Design preparedness measures to permit a rapid
            and effective transition from routine to emergency
            operations, and to make effective use of the period
            following initial indication of a probable national
            security emergency. This will include:
                        (a) Development of a system of emergency
                    actions that defines alternatives, processes,
                    and issues to be considered during various
                    states of national security emergencies;
                        (b) Identification of actions that could be
                    taken in the early stages of a national
                    security emergency or pending national security
                    emergency to mitigate the impact of or reduce
                    significantly the lead times associated with
                    full emergency action implementation;
                (5) Base national security emergency preparedness
            measures on the use of existing authorities,
            organizations, resources, and systems to the maximum
            extent practicable;
                (6) Identify areas where additional legal
            authorities may be needed to assist management and,
            consistent with applicable Executive orders, take
            appropriate measures toward acquiring those
            authorities;
                (7) Make policy recommendations to the National
            Security Council and Homeland Security Council
            regarding national security emergency preparedness
            activities and functions of the Federal Government;
                (8) Coordinate with State and local government
            agencies and other organizations, including private
            sector organizations, when appropriate. Federal plans
            should include appropriate involvement of and reliance
            upon private sector organizations in the response to
            national security emergencies;
                (9) Assist State, local, and private sector
            entities in developing plans for mitigating the effects
            of national security emergencies and for providing
            services that are essential to a national response;
                (10) Cooperate, to the extent appropriate, in
            compiling, evaluating, and exchanging relevant data
            related to all aspects of national security emergency
            preparedness;
                (11) Develop programs regarding congressional
            relations and public information that could be used
            during national security emergencies;
                (12) Ensure a capability to provide, during a
            national security emergency, information concerning
            Acts of Congress, presidential proclamations, Executive
            orders, regulations, and notices of other actions to
            the Archivist of the United States, for publication in
            the Federal Register, or to each agency designated to
            maintain the Federal Register in an emergency;
                (13) Develop and conduct training and education
            programs that incorporate emergency preparedness and
            civil defense information necessary to ensure an
            effective national response;
                (14) Ensure that plans consider the consequences
            for essential services provided by State and local
            governments, and by the private sector, if the flow of
            Federal funds is disrupted;
                (15) Consult and coordinate with the Secretary of
            Homeland Security to ensure that those activities and
            plans are consistant with current Presidential
            guidelines and policies.

    Sec. 202. Continuity of Government.
        The head of each Federal department and agency shall ensure
    the continuity of essential functions in any national security
    emergency by providing for: succession to office and emergency
    delegation of authority in accordance with applicable law;
    safekeeping of essential resources, facilities, and records;
    and establishment of emergency operating capabilities.

    Sec. 203. Resource Management.
        The head of each Federal department and agency, as
    appropriate within assigned areas of responsibility, shall:
                (1) Develop plans and programs to mobilize
            personnel (including reservist programs), equipment,
            facilities, and other resources;
                (2) Assess essential emergency requirements and
            plan for the possible use of alternative resources to
            meet essential demands during and following national
            security emergencies;
                (3) Prepare plans and procedures to share between
            and among the responsible agencies resources such as
            energy, equipment, food, land, materials, minerals,
            services, supplies, transportation, water, and
            workforce needed to carry out assigned responsibilities
            and other essential functions, and cooperate with other
            agencies in developing programs to ensure availability
            of such resources in a national security emergency;
                (4) Develop plans to set priorities and allocate
            resources among civilian and military claimants;
                (5) Identify occupations and skills for which there
            may be a critical need in the event of a national
            security emergency.

    Sec. 204. Protection of Essential Resources and Facilities.
         The head of each Federal department and agency, within
    assigned areas of responsibility, shall:
                (1) Identify facilities and resources, both
            government and private, essential to the national
            defense and national welfare, and assess their
            vulnerabilities and develop strategies, plans, and
            programs to provide for the security of such facilities
            and resources, and to avoid or minimize disruptions of
            essential services during any national security
            emergency;
                (2) Participate in interagency activities to assess
            the relative importance of various facilities and
            resources to essential military and civilian needs and
            to integrate preparedness and response strategies and
            procedures;
                (3) Maintain a capability to assess promptly the
            effect of attack and other disruptions during national
            security emergencies.

    Sec. 205. Federal Benefit, Insurance, and Loan Programs.
        The head of each Federal department and agency that
    administers a loan, insurance, or benefit program that relies
    upon the Federal Government payment system shall coordinate
    with the Secretary of the Treasury in developing plans for the
    continuation or restoration, to the extent feasible, of such
    programs in national security emergencies.

    Sec. 206. Research.
        The Director of the Office of Science and Technology Policy
    and the heads of Federal departments and agencies having
    significant research and development programs shall advise the
    National Security Council and the Homeland Security Council of
    scientific and technological developments that should be
    considered in national security emergency preparedness
    planning.

    Sec. 207. Redelegation.
        The head of each Federal department and agency is hereby
    authorized, to the extent otherwise permitted by law, to
    redelegate the functions assigned by this Order, and to
    authorize successive redelegations to organizations, officers,
    or employees within that department or agency.

    Sec. 208. Transfer of Functions.
        Recommendations for interagency transfer of any emergency
    preparedness function assigned under this Order or for
    assignment of any new emergency preparedness function shall be
    coordinated with all affected Federal departments and agencies
    before submission to the National Security Council and the
    Homeland Security Council.

    Sec. 209. Retention of Existing Authority.
        Nothing in this Order shall be deemed to derogate from
    assignments of functions to any Federal department or agency or
    officer thereof made by law.

    Part 3-Department of Agriculture

    Sec. 301. Lead Responsibilities. In addition to the applicable
    responsibilities covered in Parts 1 and 2, the Secretary of
    Agriculture shall:
                (1) Develop plans to provide for the continuation
            of agricultural production, food processing, storage,
            and distribution through the wholesale level in
            national security emergencies, and to provide for the
            domestic distribution of seed, feed, fertilizer, and
            farm equipment to agricultural producers;
                (2) Develop plans to provide food and agricultural
            products to meet international responsibilities in
            national security emergencies;
                (3) Develop plans and procedures for administration
            and use of Commodity Credit Corporation inventories of
            food and fiber resources in national security
            emergencies;
                (4) Develop plans for the use of resources under
            the jurisdiction of the Secretary of Agriculture and,
            in cooperation with the Secretaries of Commerce,
            Defense, and the Interior, the Board of Directors of
            the Tennessee Valley Authority, and the heads of other
            government entities, plan for the national security
            emergency management, production, and processing of
            forest products;
                (5) Develop, in coordination with the Secretary of
            Defense, plans and programs for water to be used in
            agricultural production and food processing in national
            security emergencies;
                (6) In cooperation with Federal, State, and local
            agencies, develop plans for a national program relating
            to the prevention and control of fires in rural areas
            of the United States caused by the effects of enemy
            attack or other national security emergencies;
                (7) Develop plans to help provide the Nation's
            farmers with production resources, including national
            security emergency financing capabilities;
                (8) Develop plans, in consonance with those of the
            Department of Health and Human Services, the Department
            of the Interior, and the Environmental Protection
            Agency, for national security emergency agricultural
            health services and forestry, including:
                        (a) Diagnosis and control or eradication of
                    diseases, pests, or hazardous agents
                    (biological, chemical, or radiological) against
                    animals, crops, timber, or products thereof;
                        (b) Protection, treatment, and handling of
                    livestock and poultry, or products thereof,
                    that have been exposed to or affected by
                    hazardous agents;
                        (c) Use and handling of crops, agricultural
                    commodities, timber, and agricultural lands
                    that have been exposed to or affected by
                    hazardous agents; and
                        (d) Assuring the safety and wholesomeness,
                    and minimizing losses from hazards, of animals
                    and animal products and agricultural
                    commodities and products subject to continuous
                    inspection by the Department of Agriculture or
                    owned by the Commodity Credit Corporation or by
                    the Department of Agriculture;
                (9) In consultation with the Secretary of State and
            the Secretary of Homeland Security, represent the
            United States in agriculture-related international
            civil emergency preparedness planning and related
            activities.

    Sec. 302. Support Responsibility. The Secretary of Agriculture
    shall assist the Secretary of Defense in formulating and
    carrying out plans for stockpiling strategic and critical
    agricultural materials.

    Part 4-Department of Commerce

    Sec. 401. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts i and 2, the Secretary of Commerce shall:
                (1) Develop control systems for priorities,
            allocation, production, and distribution of materials
            and other resources that will be available to support
            both national defense and essential civilian programs
            in a national security emergency;
                (2) In cooperation with the Secretary of Defense
            and other departments and agencies, identify those
            industrial products and facilities that are essential
            to mobilization readiness, national defense, or post-
            attack survival and recovery;
                (3) In cooperation with the Secretary of Defense
            and other Federal departments and agencies, analyze
            potential effects of national security emergencies on
            actual production capability, taking into account the
            entire production complex, including shortages of
            resources, and develop preparedness measures to
            strengthen capabilities for production increases in
            national security emergencies;
                (4) In cooperation with the Secretary of Defense,
            perform industry analyses to assess capabilities of the
            commercial industrial base to support the national
            defense, and develop policy alternatives to improve the
            international competitiveness of specific domestic
            industries and their abilities to meet defense program
            needs;
                (5) In cooperation with the Secretary of the
            Treasury, develop plans for providing emergency
            assistance to the private sector through direct or
            participation loans for the financing of production
            facilities and equipment;
                (6) In cooperation with the Secretaries of State,
            Defense, Transportation, and the Treasury, prepare
            plans to regulate and control exports and imports in
            national security emergencies;
                (7) Provide for the collection and reporting of
            census information on human and economic resources, and
            maintain a capability to conduct emergency surveys to
            provide information on the status of these resources as
            required for national security purposes;
                (8) Develop overall plans and programs to ensure
            that the fishing industry continues to produce and
            process essential protein in national security
            emergencies;
                (9) Develop plans to provide meteorological ,
            hydrologic, marine weather, geodetic, hydrographic,
            climatic, seismic, and oceanographic data and services
            to Federal, State, and local agencies, as appropriate;
                (10) In coordination with the Secretary of State
            and the Secretary of Homeland Security, represent the
            United States in industry-related international (NATO
            and allied) civil emergency preparedness planning and
            related activities.

    Sec. 402. Support Responsibilities. The Secretary of Commerce
    shall:
                (1) Assist the Secretary of Defense in formulating
            and carrying out plans for stockpiling strategic and
            critical materials;
                (2) Support the Secretary of Agriculture in
            planning for the national security management,
            production, and processing of forest and fishery
            products;
                (3) Assist, in consultation with the Secretaries of
            State and Defense, the Secretary of the Treasury in the
            formulation and execution of economic measures
            affecting other nations.

    Part 5-Department of Defense

    Sec. 501. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts i and 2, the Secretary of Defense shall:
                (1) Ensure military preparedness and readiness to
            respond to national security emergencies;
                (2) In coordination with the Secretary of Commerce,
            develop, with industry, government, and the private
            sector, reliable capabilities for the rapid increase of
            defense production to include industrial resources
            required for that production;
                (3) Develop and maintain, in cooperation with the
            heads of other departments and agencies, national
            security emergency plans, programs, and mechanisms to
            ensure effective mutual support between and among the
            military, civil government, and the private sector;
                (4) Develop and maintain damage assessment
            capabilities and assist the Secretary of Homeland
            Security and the heads of other departments and
            agencies in developing and maintaining capabilities to
            assess attack damage and to estimate the effects of
            potential attack on the Nation;
                (5) Arrange, through agreements with the heads of
            other Federal departments and agencies, for the
            transfer of certain Federal resources to the
            jurisdiction and/or operational control of the
            Department of Defense in national security emergencies;
                (6) Acting through the Secretary of the Army,
            develop, with the concurrence of the heads of all
            affected departments and agencies, overall plans for
            the management, control, and allocation of all usable
            waters from all sources within the jurisdiction of the
            United States. This includes:
                        (a) Coordination of national security
                    emergency water resource planning at the
                    national, regional, State, and local levels;
                        (b) Development of plans to assure
                    emergency provision of water from public works
                    projects under the jurisdiction of the
                    Secretary of the Army to public water supply
                    utilities and critical defense production
                    facilities during national security
                    emergencies;
                        (c) Development of plans to assure
                    emergency operation of waterways and harbors;
                    and
                        (d) Development of plans to assure the
                    provision of potable water;
                (7) In consultation with the Secretaries of State
            and Energy, the Secretary of Homeland Security, and
            others, as required, develop plans and capabilities for
            identifying, analyzing, mitigating, and responding to
            hazards related to nuclear weapons, materials, and
            devices; and maintain liaison, as appropriate, with the
            Secretary of Energy and the Members of the Nuclear
            Regulatory Commission to ensure the continuity of
            nuclear weapons production and the appropriate
            allocation of scarce resources, including the recapture
            of special nuclear materials from Nuclear Regulatory
            Commission licensees when appropriate;
                (8) Coordinate with the Administrator of the
            National Aeronautics and Space Administration and the
            Secretary of Energy, as appropriate, to prepare for the
            use, maintenance, and development of technologically
            advanced aerospace and aeronautical-related systems,
            equipment, and methodologies applicable to national
            security emergencies;
                (9) Develop, in coordination with the Secretaries
            of Labor and Homeland Security, the Directors of the
            Selective Service System, the Office of Personnel
            Management, and the Federal Emergency Management
            Agency, plans and systems to ensure that the Nation's
            human resources are available to meet essential
            military and civilian needs in national security
            emergencies;
                (10) Develop national security emergency
            operational procedures, and coordinate with the
            Secretary of Housing and Urban Development with respect
            to residential property, for the control, acquisition,
            leasing, assignment and priority of occupancy of real
            property within the jurisdiction of the Department of
            Defense;
                (11) Review the priorities and allocations systems
            developed by other departments and agencies to ensure
            that they meet Department of Defense needs in a
            national security emergency; and develop and maintain
            the Department of Defense programs necessary for
            effective utilization of all priorities and allocations
            systems;
                (12) Develop, in coordination with the Attorney
            General of the United States, specific procedures by
            which military assistance to civilian law enforcement
            authorities may be requested, considered, and provided;
                (13) In cooperation with the Secretary of Commerce
            and other departments and agencies, identify those
            industrial products and facilities that are essential
            to mobilization readiness, national defense, or
            postattack survival and recovery;
                (14) In cooperation with the Secretary of Commerce
            and other Federal departments and agencies, analyze
            potential effects of national security emergencies on
            actual production capability, taking into account the
            entire production complex, including shortages of
            resources, and develop preparedness measures to
            strengthen capabilities for production increases in
            national security emergencies;
                (15) With the assistance of the heads of other
            Federal departments and agencies, provide management
            direction for the stockpiling of strategic and critical
            materials, conduct storage, maintenance, and quality
            assurance operations for the stockpile of strategic and
            critical materials, and formulate plans, programs, and
            reports relating to the stockpiling of strategic and
            critical materials.
                (16) Subject to the direction of the President, and
            pursuant to procedures to be developed jointly by the
            Secretary of Defense and the Secretary of State, be
            responsible for the deployment and use of military
            forces for the protection of United States citizens and
            nationals and, in connection therewith, designated
            other persons or categories of persons, in support of
            their evacuation from threatened areas overseas.

    Sec. 502. Support Responsibilities. The Secretary of Defense
    shall:
                (1) Advise and assist the heads of other Federal
            departments and agencies in the development of plans
            and programs to support national mobilization. This
            includes providing, as appropriate:
                        (a) Military requirements, prioritized and
                    time-phased to the extent possible, for
                    selected end-items and supporting services,
                    materials, and components;
                        (b) Recommendations for use of financial
                    incentives and other methods to improve defense
                    production as provided by law; and
                        (c) Recommendations for export and import
                    policies;
                (2) Advise and assist the Secretary of State and
            the heads of other Federal departments and agencies, as
            appropriate, in planning for the protection,
            evacuation, and repatriation of United States citizens
            in threatened areas overseas;
                (3) Support the Secretary of Housing and Urban
            Development and the heads of other agencies, as
            appropriate, in the development of plans to restore
            community facilities;
                (4) Support the Secretary of Energy in
            international liaison activities pertaining to nuclear
            materials facilities;
                (5) In consultation with the Secretaries of State
            and Commerce, assist the Secretary of the Treasury in
            the formulation and execution of economic measures that
            affect other nations;
                (6) Support the Secretary of State and the heads of
            other Federal departments and agencies as appropriate
            in the formulation and implementation of foreign
            policy, and the negotiation of contingency and
            postemergency plans, intergovernmental agreements, and
            arrangements. with allies and friendly nations, which
            affect national security;
                (7) Coordinate with the Secretary of Homeland
            Security the development of plans for mutual
            civilmilitary support during national security
            emergencies;
                (8) Develop plans to support the Secretary of Labor
            in providing education and training to overcome
            shortages of critical skills.

    Part 6-Department of Education

    Sec. 601. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Secretary of Education shall:
                (1) Assist school systems in developing their plans
            to provide for the earliest possible resumption of
            activities following national security emergencies;
                (2) Develop plans to provide assistance, including
            efforts to meet shortages of critical educational
            personnel, to local educational agencies;
                (3) Develop plans, in coordination with the
            Director of the Federal Emergency Management Agency,
            for dissemination of emergency preparedness
            instructional material through educational institutions
            and the media during national security emergencies.

    Sec. 602. Support Responsibilities. The Secretary of Education
    shall:
                (1) Develop plans to support the Secretary of Labor
            in providing education and training to overcome
            shortages of critical skills;
                (2) Support the Secretary of Health and Human
            Services in the development of human services
            educational and training materials, including self-help
            program materials for use by human service
            organizations and professional schools.

    Part 7-Department of Energy

    Sec. 701. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Secretary of Energy shall:
                (1) Conduct national security emergency
            preparedness planning, including capabilities
            development, and administer operational programs for
            all energy resources, including:
                        (a) Providing information, in cooperation
                    with Federal, State, and energy industry
                    officials, on energy supply and demand
                    conditions and on the requirements for and the
                    availability of materials and services critical
                    to energy supply systems;
                        (b) In coordination with appropriate
                    departments and agencies and in consultation
                    with the energy industry, develop
                    implementation plans and operational systems
                    for priorities and allocation of all energy
                    resource requirements for national defense and
                    essential civilian needs to assure national
                    security emergency preparedness;
                        (c) Developing, in consultation with the
                    Board of Directors of the Tennessee Valley
                    Authority, plans necessary for the integration
                    of its power system into the national supply
                    system;
                (2) Identify energy facilities essential to the
            mobilization, deployment, and sustainment of resources
            to support the national security and national welfare,
            and develop energy supply and demand strategies to
            ensure continued provision of minimum essential
            services in national security emergencies;
                (3) In coordination with the Secretary of Defense,
            ensure continuity of nuclear weapons production
            consistent with national security requirements;
                (4) Assure the security of nuclear materials,
            nuclear weapons, or devices in the custody of the
            Department of Energy, as well as the security of all
            other Department of Energy programs and facilities;
                (5) In consultation with the Secretaries of State,
            and Defense, and Homeland Security and the Director of
            the Federal Emergency Management Agency, conduct
            appropriate international liaison activities pertaining
            to matters within the jurisdiction of the Department of
            Energy;
                (6) In consultation with the Secretaries of State
            and Defense, the Members of the Nuclear Regulatory
            Commission, and others, as required, develop plans and
            capabilities for identification, analysis, damage
            assessment, and mitigation of hazards from nuclear
            weapons, materials, and devices;
                (7) Coordinate with the Secretary of Transportation
            in the planning and management of transportation
            resources involved in the bulk movement of energy;
                (8) At the request of or with the concurrence of
            the Nuclear Regulatory Commission and in consultation
            with the Secretary of Defense, recapture special
            nuclear materials from Nuclear Regulatory Commission
            licensees where necessary to assure the use,
            preservation, or safeguarding of such material for the
            common defense and security;
                (9) Develop national security emergency operational
            procedures for the control, utilization, acquisition,
            leasing, assignment, and priority of occupancy of real
            property within the jurisdiction of the Department of
            Energy;
                (10) Manage all emergency planning and response
            activities pertaining to Department of Energy nuclear
            facilities.

    Sec. 702. Support Responsibilities. The Secretary of Energy
    shall:
                (1) Provide advice and assistance, in coordination
            with appropriate agencies, to Federal, State, and local
            officials and private sector organizations to assess
            the radiological impact associated with national
            security emergencies;
                (2) Coordinate with the Secretaries of Defense and
            the Interior regarding the operation of hydroelectric
            projects to assure maximum energy output;
                (3) Support the Secretary of Housing and Urban
            Development and the heads of other agencies, as
            appropriate, in the development of plans to restore
            community facilities;
                (4) Coordinate with the Secretary of Agriculture
            regarding the emergency preparedness of the rural
            electric supply systems throughout the Nation and the
            assignment of emergency preparedness responsibilities
            to the Rural Electrification Administration.

    Part 8-Department of Health and Human Services

    Sec. 801. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Secretary of Health and Human Services
    shall:
                (1) Develop national plans and programs to mobilize
            the health industry and health resources for the
            provision of health, mental health, and medical
            services in national security emergencies;
                (2) Promote the development of State and local
            plans and programs for provision of health, mental
            health, and medical services in national security
            emergencies;
                (3) Develop national plans to set priorities and
            allocate health, mental health, and medical services'
            resources among civilian and military claimants;
                (4) Develop health and medical survival information
            programs and a nationwide program to train health and
            mental health professionals and paraprofessionals in
            special knowledge and skills that would be useful in
            national security emergencies;
                (5) Develop programs to reduce or eliminate adverse
            health and mental health effects produced by hazardous
            agents (biological, chemical, or radiological), and, in
            coordination with appropriate Federal agencies, develop
            programs to minimize property and environmental damage
            associated with national security emergencies;
                (6) Develop guidelines that will assure reasonable
            and prudent standards of purity and/or safety in the
            manufacture and distribution of food, drugs, biological
            products, medical devices, food additives, and
            radiological products in national security emergencies;
                (7) Develop national plans for assisting State and
            local governments in rehabilitation of persons injured
            or disabled during national security emergencies;
                (8) Develop plans and procedures to assist State
            and local governments in the provision of emergency
            human services, including lodging, feeding, clothing,
            registration and inquiry, social services, family
            reunification and mortuary services and interment;
                (9) Develop, in coordination with the Secretary of
            Education, human services educational and training
            materials for use by human service organizations and
            professional schools; and develop and distribute, in
            coordination with the Secretary of Homeland Security,
            civil defense information relative to emergency human
            services;
                (10) Develop plans and procedures, in coordination
            with the heads of Federal departments and agencies, for
            assistance to United States citizens or others
            evacuated from overseas areas.

    Sec. 802. Support Responsibility. The Secretary of Health and
    Human Services shall support the Secretary of Agriculture in
    the development of plans related to national security emergency
    agricultural health services.

    Part 9-Department of Housing and Urban Development

    Sec. 901. Lead Responsibilities. In addition to the applicable
    responsibilities covered in Parts 1 and 2, the Secretary of
    Housing and Urban Development shall:
                (1) Develop plans for provision and management of
            housing in national security emergencies, including:
                        (a) Providing temporary housing using
                    Federal financing and other arrangements;
                        (b) Providing for radiation protection by
                    encouraging voluntary construction of shelters
                    and voluntary use of cost-efficient design and
                    construction techniques to maximize population
                    protection;
                (2) Develop plans, in cooperation with the heads of
            other Federal departments and agencies and State and
            local governments, to restore community facilities,
            including electrical power, potable water, and sewage
            disposal facilities, damaged in national security
            emergencies.

    Part 10-Department of the Interior

    Sec. 1001. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Secretary of the Interior shall:
                (1) Develop programs and encourage the exploration,
            development, and mining of strategic and critical and
            other nonfuel minerals for national security emergency
            purposes;
                (2) Provide guidance to mining industries in the
            development of plans and programs to ensure continuity
            of production during national security emergencies;
                (3) Develop and implement plans for the management,
            control, allocation, and use of public land under the
            jurisdiction of the Department of the Interior in
            national security emergencies and coordinate land
            emergency planning at the Federal, State, and local
            levels.

    Sec. 1002. Support Responsibilities. The Secretary of the
    Interior shall:
                (1) Assist the Secretary of Defense in formulating
            and carrying out plans for stockpiling strategic and
            critical minerals;
                (2) Cooperate with the Secretary of Commerce in the
            identification and evaluation of facilities essential
            for national security emergencies;
                (3) Support the Secretary of Agriculture in
            planning for the national security management,
            production, and processing of forest products.

    Part 11-Department of Justice

    Sec. 1101. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Attorney General of the United States shall:
                (1) Provide legal advice to the President and the
            heads of Federal departments and agencies and their
            successors regarding national security emergency
            powers, plans, and authorities;
                (2) Coordinate Federal Government domestic law
            enforcement activities related to national security
            emergency preparedness, including Federal law
            enforcement liaison with, and assistance to, State and
            local governments;
                (3) Coordinate contingency planning for national
            security emergency law enforcement activities that are
            beyond the capabilities of State and local agencies;
                (4) Develop national security emergency plans for
            regulation of immigration, regulation of nationals of
            enemy countries, and plans to implement laws for the
            control of persons entering or leaving the United
            States;
                (5) Develop plans and procedures for the custody
            and protection of prisoners and the use of Federal
            penal and correctional institutions and resources
            during national security emergencies;
                (6) Provide information and assistance to the
            Federal Judicial branch and the Federal Legislative
            branch concerning law enforcement, continuity of
            government, and the exercise of legal authority during
            national security emergencies;
                (7) Develop intergovernmental and interagency law
            enforcement plans and counterterrorism programs to
            interdict and respond to terrorism incidents in the
            United States that may result in a national security
            emergency or that occur during such an emergency;
                (8) Develop intergovernmental and interagency law
            enforcement plans to respond to civil disturbances that
            may result in a national security emergency or that
            occur during such an emergency.

    Sec. 1102. Support Responsibilities. The Attorney General of
    the United States shall:
                (1) Assist the heads of Federal departments and
            agencies, State and local governments, and the private
            sector in the development of plans to physically
            protect essential resources and facilities;
                (2) Support the Secretaries of State and the
            Treasury in plans for the protection of international
            organizations and foreign diplomatic, consular, and
            other official personnel, property, and other assets
            within the jurisdiction of the United States;
                (3) Support the Secretary of the Treasury in
            developing plans to control the movement of property
            entering and leaving the United States;
                (4) Support the heads of other Federal departments
            and agencies and State and local governments in
            developing programs and plans for identifying
            fatalities and reuniting families in national security
            emergencies;
                (5) Support the intelligence community in the
            planning of its counterintelligence and
            counterterrorism programs.

    Part 12-Department of Labor

    Sec. 1201. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Secretary of Labor shall:
                (1) Develop plans and issue guidance to ensure
            effective use of civilian workforce resources during
            national security emergencies. Such plans shall
            include, but not necessarily be limited to:
                        (a) Priorities and allocations,
                    recruitment, referral, training, employment
                    stabilization including appeals procedures, use
                    assessment, and determination of critical skill
                    categories; and
                        (b) Programs for increasing the
                    availability of critical workforce skills and
                    occupations;
                (2) In consultation with the Secretary of the
            Treasury, develop plans and procedures for wage,
            salary, and benefit costs stabilization during national
            security emergencies;
                (3) Develop plans and procedures for protecting and
            providing incentives for the civilian labor force
            during national security emergencies;
                (4) In consultation with other appropriate
            government agencies and private entities, develop plans
            and procedures for effective labor-management relations
            during national security emergencies.

    Sec. 1202. Support Responsibilities. The Secretary of Labor
    shall:
                (1) Support planning by the Secretary of Defense
            and the private sector for the provision of human
            resources to critical defense industries during
            national security emergencies;
                (2) Support planning by the Secretary of Defense
            and the Director of Selective Service for the
            institution of conscription in national security
            emergencies.

    Part 13-Department of State

    Sec. 1301. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Secretary of State shall:
                (1) Provide overall foreign policy coordination in
            the formulation and execution of continuity of
            government and other national security emergency
            preparedness activities that affect foreign relations;
                (2) Prepare to carry out Department of State
            responsibilities in the conduct of the foreign
            relations of the United States during national security
            emergencies, under the direction of the President and
            in consultation with the heads of other appropriate
            Federal departments and agencies, including, but not
            limited to:
                        (a) Formulation and implementation of
                    foreign policy and negotiation regarding
                    contingency and post-emergency plans,
                    intergovernmental agreements, and arrangements
                    with United States' allies;
                        (b) Formulation, negotiation, and execution
                    of policy affecting the relationships of the
                    United States with neutral states;
                        (c) Formulation and execution of political
                    strategy toward hostile or enemy states;
                        (d) Conduct of mutual assistance
                    activities;
                        (e) Provision of foreign assistance,
                    including continuous supervision and general
                    direction of authorized economic and military
                    assistance programs;
                        (f) Protection or evacuation of United
                    States citizens and nationals abroad and
                    safeguarding their property abroad, in
                    consultation with the Secretaries of Defense
                    and Health and Human Services;
                        (g) Protection of international
                    organizations and foreign diplomatic, consular,
                    and other official personnel and property, or
                    other assets, in the United States, in
                    coordination with the Attorney General and the
                    Secretary of the Treasury;
                        (h) Formulation of policies and provisions
                    for assistance to displaced persons and
                    refugees abroad;
                        (i) Maintenance of diplomatic and consular
                    representation abroad; and
                        (j) Reporting of and advising on conditions
                    overseas that bear upon national security
                    emergencies.

    Sec. 1302. Support Responsibilities. The Secretary of State
    shall:
                (1) Assist appropriate agencies in developing
            planning assumptions concerning accessibility of
            foreign sources of supply;
                (2) Support the Secretary of the Treasury, in
            consultation, as appropriate, with the Secretaries of
            Commerce and Defense, in the formulation and execution
            of economic measures with respect to other nations;
                (3) Support the Secretary of Energy in
            international liaison activities pertaining to nuclear
            materials facilities;
                (4) Support the Secretary of Homeland Security in
            the coordination and integration of United States
            policy regarding the formulation and implementation of
            civil emergency resources and preparedness planning;
                (5) Assist the Attorney General of the United
            States in the formulation of national security
            emergency plans for the control of persons entering or
            leaving the United States.

    Part 14-Department of Transportation

    Sec. 1401. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Secretary of Transportation shall:
                (1) Develop plans to promulgate and manage overall
            national policies, programs, procedures, and systems to
            meet essential civil and military transportation needs
            in national security emergencies;
                (2) Be prepared to provide direction to all modes
            of civil transportation in national security
            emergencies, including air, surface, water, pipelines,
            and public storage and warehousing, to the extent such
            responsibility is vested in the Secretary of
            Transportation. This direction may include:
                        (a) Implementation of priorities for all
                    transportation resource requirements for
                    service, equipment, facilities, and systems;
                        (b) Allocation of transportation resource
                    capacity; and
                        (c) Emergency management and control of
                    civil transportation resources and systems,
                    including privately owned automobiles, urban
                    mass transit, intermodal transportation
                    systems, the National Railroad Passenger
                    Corporation and the St. Lawrence Seaway
                    Development Corporation;
                (3) Develop plans to provide for the smooth
            transition of the Coast Guard as a service to the
            Department of the Navy during national security
            emergencies. These plans shall be compatible with the
            Department of Defense planning systems, especially in
            the areas of port security and military readiness;
                (4) In coordination with the Secretary of State and
            the Secretary of Homeland Security, represent the
            United States in transportation-related international
            (including NATO and allied) civil emergency
            preparedness planning and related activities;
                (5) Coordinate with State and local highway
            agencies in the management of all Federal, State, city,
            local, and other highways, roads, streets, bridges,
            tunnels, and publicly owned highway maintenance
            equipment to assure efficient and safe use of road
            space during national security emergencies;
                (6) Develop plans and procedures in consultation
            with appropriate agency officials for maritime and port
            safety, law enforcement, and security over, upon, and
            under the high seas and waters subject to the
            jurisdiction of the United States to assure operational
            readiness for national security emergency functions;
                (7) Develop plans for the emergency operation of
            U.S. ports and facilities, use of shipping resources
            (U.S. and others), provision of government war risks
            insurance, and emergency construction of merchant ships
            for military and civil use;
                (8) Develop plans for emergency management and
            control of the National Airspace System, including
            provision of war risk insurance and for transfer of the
            Federal Aviation Administration, in the event of war,
            to the Department of Defense;
                (9) Coordinate the Interstate Commerce Commission's
            development of plans and preparedness programs for the
            reduction of vulnerability, maintenance, restoration,
            and operation of privately owned railroads, motor
            carriers, inland waterway transportation systems, and
            public storage facilities and services in national
            security emergencies.

    Sec. 1402. Support Responsibility. The Secretary of
    Transportation shall coordinate with the Secretary of Energy in
    the planning and management of transportation resources
    involved in the bulk movement of energy materials.

    Part 15-Department of the Treasury

    Sec. 1501. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Secretary of the Treasury shall:
                (1) Develop plans to maintain stable economic
            conditions and a market economy during national
            security emergencies; emphasize measures to minimize
            inflation and disruptions; and, minimize reliance on
            direct controls of the monetary, credit, and financial
            systems. These plans will include provisions for:
                        (a) Increasing capabilities to minimize
                    economic dislocations by carrying out
                    appropriate fiscal, monetary, and regulatory
                    policies and reducing susceptibility to
                    manipulated economic pressures;
                        (b) Providing the Federal Government with
                    efficient and equitable financing sources and
                    payment mechanisms;
                        (c) Providing fiscal authorities with
                    adequate legal authority to meet resource
                    requirements;
                        (d) Developing, in consultation with the
                    Board of Governors of the Federal Reserve
                    System, and in cooperation with the Board of
                    Directors of the Federal Deposit Insurance
                    Corporation, the Federal Home Loan Bank Board,
                    the National Credit Union Administration Board,
                    the Farm Credit Administration Board and other
                    financial institutions, plans for the continued
                    or resumed operation and liquidity of banks,
                    savings and loans, credit unions, and farm
                    credit institutions, measures for the
                    reestablishment of evidence of assets or
                    liabilities, and provisions for currency
                    withdrawals and deposit insurance;
                (2) Provide for the protection of United States
            financial resources including currency and coin
            production and redemption facilities, Federal check
            disbursement facilities, and precious monetary metals;
                (3) Provide for the preservation of, and facilitate
            emergency operations of, public and private financial
            institution systems, and provide for their restoration
            during or after national security emergencies;
                (4) Provide, in coordination with the Secretary of
            State, for participation in bilateral and multilateral
            financial arrangements with foreign governments;
                (5) Maintain the Federal Government accounting and
            financial reporting system in national security
            emergencies;
                (6) Develop plans to protect the President, the
            Vice President, other officers in the order of
            presidential succession, and other persons designated
            by the President;
                (7) Develop plans for restoration of the economy
            following an attack; for the development of emergency
            monetary, credit, and Federal benefit payment programs
            of those Federal departments and agencies that have
            responsibilities dependent on the policies or
            capabilities of the Department of the Treasury; and for
            the implementation of national policy on sharing war
            losses;
                (8) Develop plans for initiating tax changes,
            waiving regulations, and, in conjunction with the
            Secretary of Commerce or other guaranteeing agency,
            granting or guaranteeing loans for the expansion of
            industrial capacity, the development of technological
            processes, or the production or acquisition of
            essential materials;
                (9) Develop plans, in coordination with the heads
            of other appropriate Federal departments and agencies,
            to acquire emergency imports, make foreign barter
            arrangements, or otherwise provide for essential
            material from foreign sources using, as appropriate,
            the resources of the Export-Import Bank or resources
            available to the Bank;
                (10) Develop plans for encouraging capital inflow
            and discouraging the flight of capital from the United
            States and, in coordination with the Secretary of
            State, for the seizure and administration of assets of
            enemy aliens during national security emergencies;
                (11) Develop plans, in consultation with the heads
            of appropriate Federal departments and agencies, to
            regulate financial and commercial transactions with
            other countries;
                (12) Develop plans, in coordination with the
            Secretary of Commerce and the Attorney General of the
            United States, to control the movement of property
            entering or leaving the United States;
                (13) Cooperate and consult with the Chairman of the
            Securities and Exchange Commission, the Chairman of the
            Federal Reserve Board, the Chairman of the Commodities
            Futures Trading Commission in the development of
            emergency financial control plans and regulations for
            trading of stocks and commodities, and in the
            development of plans for the maintenance and
            restoration of stable and orderly markets;
                (14) Develop plans, in coordination with the
            Secretary of State, for the formulation and execution
            of economic measures with respect to other nations in
            national security emergencies.

    Sec. 1502. Support Responsibilities. The Secretary of the
    Treasury shall:
                (1) Cooperate with the Attorney General of the
            United States on law enforcement activities, including
            the control of people entering and leaving the United
            States;
                (2) Support the Secretary of Labor in developing
            plans and procedures for wage, salary, and benefit
            costs stabilization;
                (3) Support the Secretary of State in plans for the
            protection of international organizations and foreign
            diplomatic, consular, and other official personnel and
            property or other assets in the United States.

    Part 16-Environmental Protection Agency

    Sec. 1601. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Administrator of the Environmental
    Protection Agency shall:
                (1) Develop Federal plans and foster development of
            State and local plans designed to prevent or minimize
            the ecological impact of hazardous agents (biological,
            chemical, or radiological) introduced into the
            environment in national security emergencies;
                (2) Develop, for national security emergencies,
            guidance on acceptable emergency levels of nuclear
            radiation, assist in determining acceptable emergency
            levels of biological agents, and help to provide
            detection and identification of chemical agents;
                (3) Develop, in coordination with the Secretary of
            Defense, plans to assure the provision of potable water
            supplies to meet community needs under national
            security emergency conditions, including claimancy for
            materials and equipment for public water systems.

    Sec. 1602. Support Responsibilities. The Administrator of the
    Environmental Protection Agency shall:
                (1) Assist the heads of other Federal agencies that
            are responsible for developing plans for the detection,
            reporting, assessment, protection against, and
            reduction of effects of hazardous agents introduced
            into the environment;
                (2) Advise the heads of Federal departments and
            agencies regarding procedures for assuring compliance
            with environmental restrictions and for expeditious
            review of requests for essential waivers.

    Part 17-Department of Homeland Security

    Sec. 1701. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Secretary of Homeland Security shall:
                (1) Coordinate and support the initiation,
            development, and implementation of national security
            emergency preparedness programs and plans among Federal
            departments and agencies;
                (2) Coordinate the development and implementation
            of plans for the operation and continuity of essential
            domestic emergency functions of the Federal Government
            during national security emergencies;
                (3) Coordinate the development of plans, in
            cooperation with the Secretary of Defense, for mutual
            civil-military support during national security
            emergencies;
                (4) Guide and assist State and local governments
            and private sector organizations in achieving
            preparedness for national security emergencies,
            including development of plans and procedures for
            assuring continuity of government, and support planning
            for prompt and coordinated Federal assistance to States
            and localities in responding to national security
            emergencies;
                (5) Provide the President a periodic assessment of
            Federal, State, and local capabilities to respond to
            national security emergencies;
                (6) Coordinate the implementation of policies and
            programs for efficient mobilization of Federal, State,
            local, and private sector resources in response to
            national security emergencies;
                (7) Develop and coordinate with all appropriate
            agencies civil defense programs to enhance Federal,
            State, local, and private sector capabilities for
            national security emergency crisis management,
            population protection, and recovery in the event of an
            attack on the United States;
                (8) Develop and support public information,
            education and training programs to assist Federal,
            State, and local government and private sector entities
            in planning for and implementing national security
            emergency preparedness programs;
                (9) Coordinate among the heads of Federal, State,
            and local agencies the planning, conduct, and
            evaluation of national security emergency exercises;
                (10) With the assistance of the heads of other
            appropriate Federal departments and agencies, develop
            and maintain capabilities to assess actual attack
            damage and residual recovery capabilities as well as
            capabilities to estimate the effects of potential
            attacks on the Nation;
                (11) Provide guidance to the heads of Federal
            departments and agencies on the appropriate use of
            defense production authorities, including resource
            claimancy, in order to improve the capability of
            industry and infrastructure systems to meet national
            security emergency needs;
                (12) Assist the Secretary of State in coordinating
            the formulation and implementation of United States
            policy for NATO and other allied civil emergency
            planning, including the provision off
                        (a) advice and assistance to the
                    departments and agencies in alliance civil
                    emergency planning matters;
                        (b) support to the United States Mission to
                    NATO in the conduct of day-to-day civil
                    emergency planning activities; and
                        (c) support facilities for NATO Civil
                    Wartime Agencies in cooperation with the
                    Departments of Agriculture, Commerce, Energy,
                    State, and Transportation.

    Sec. 1702. Support Responsibilities. The Secretary of Homeland
    Security shall:
                (1) Support the heads of other Federal departments
            and agencies in preparing plans and programs to
            discharge their national security emergency
            preparedness responsibilities, including, but not
            limited to, such programs as mobilization preparedness,
            continuity of government planning, and continuance of
            industry and infrastructure functions essential to
            national security;
                (2) Support the Secretary of Energy, the Secretary
            of Defense, and the Members of the Nuclear Regulatory
            Commission in developing plans and capabilities for
            identifying, analyzing, mitigating, and responding to
            emergencies related to nuclear weapons, materials, and
            devices, including mobile and fixed nuclear facilities,
            by providing, inter alia, off-site coordination;
                (3) Support the Administrator of General Services
            in efforts to promote a government-wide program with
            respect to Federal buildings and installations to
            minimize the effects of attack and establish shelter
            management organizations.

    Part 18-General Services Administration

    Sec. 1801. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Administrator of General Services shall:
                (1) Develop national security emergency plans and
            procedures for the operation, maintenance, and
            protection of federally owned and occupied buildings
            managed by the General Services Administration, and for
            the construction, alteration, and repair of such
            buildings;
                (2) Develop national security emergency operating
            procedures for the control, acquisition, leasing,
            assignment, and priority of occupancy of real property
            by the Federal Government, and by State and local
            governments acting as agents of the Federal Government,
            except for the military facilities and facilities with
            special nuclear materials within the jurisdiction of
            the Departments of Defense and Energy;
                (3) Develop national security emergency operational
            plans and procedures for the use of public utility
            services (other than telecommunications services) by
            Federal departments and agencies, except for Department
            of Energy-operated facilities;
                (4) Develop plans and operating procedures of
            government-wide supply programs to meet the
            requirements of Federal departments and agencies during
            national security emergencies;
                (5) Develop plans and operating procedures for the
            use, in national security emergencies, of excess and
            surplus real and personal property by Federal, State,
            and local governmental entities;
                (6) Develop plans, in coordination with the
            Secretary of Homeland Security, with respect to Federal
            buildings and installations, to minimize the effects of
            attack and establish shelter management organizations.

    Sec. 1802. Support Responsibility. The Administrator of General
    Services shall develop plans to assist Federal departments and
    agencies in operation and maintenance of essential automated
    information processing facilities during national security
    emergencies.

    Part 19-National Aeronautics and Space Administration

    Sec. 1901. Lead Responsibility.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Administrator of the National Aeronautics
    and Space Administration shall coordinate with the Secretary of
    Defense to prepare for the use, maintenance, and development of
    technologically advanced aerospace and aeronautical-related
    systems, equipment, and methodologies applicable to national
    security emergencies.

    Part 20-National Archives and Records Administration

    Sec. 2001. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Archivist of the United States shall:
                (1) Develop procedures for publication during
            national security emergencies of the Federal Register
            for as broad public dissemination as is practicable of
            presidential proclamations and Executive orders,
            Federal administrative regulations, Federal emergency
            notices and actions, and Acts of Congress;
                (2) Develop emergency procedures for providing
            instructions and advice on the handling and
            preservation of records critical to the operation of
            the Federal Government in national security
            emergencies.

    Part 21-Nuclear Regulatory Commission

    Sec. 2101. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Members of the Nuclear Regulatory Commission
    shall:
                (1) Promote the development and maintenance of
            national security emergency preparedness programs
            through security and safeguards programs by licensed
            facilities and activities;
                (2) Develop plans to suspend any licenses granted
            by the Commission; to order the operations of any
            facility licensed under Section 103 or 104; Atomic
            Energy Act of 1954, as amended (42 U.S.C. 2133 or
            2134); to order the entry into any plant or facility in
            order to recapture special nuclear material as
            determined under Subsection (3) below; and operate such
            facilities;
                (3) Recapture or authorize recapture of special
            nuclear materials from licensees where necessary to
            assure the use, preservation, or safeguarding of such
            materials for the common defense and security, as
            determined by the Commission or as requested by the
            Secretary of Energy.

    Sec. 2102. Support Responsibilities. The Members of the Nuclear
    Regulatory Commission shall:
                (1) Assist the Secretary of Energy in assessing
            damage to Commission-licensed facilities, identifying
            useable facilities, and estimating the time and actions
            necessary to restart inoperative facilities;
                (2) Provide advice and technical assistance to
            Federal, State, and local officials and private sector
            organizations regarding radiation hazards and
            protective actions in national security emergencies.

    Part 22-Office of Personnel Management

    Sec. 2201. Lead Responsibilities.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Director of the Office of Personnel
    Management shall:
                (1) Prepare plans to administer the Federal
            civilian personnel system in national security
            emergencies, including plans and procedures for the
            rapid mobilization and reduction of an emergency
            Federal workforce;
                (2) Develop national security emergency workforce
            policies for Federal civilian personnel;
                (3) Develop plans to accommodate the surge of
            Federal personnel security background and pre-
            employment investigations during national security
            emergencies.

    Sec. 2202. Support Responsibilities. The Director of the Office
    of Personnel Management shall:
                (1) Assist the heads of other Federal departments
            and agencies with personnel management and staffing in
            national security emergencies, including facilitating
            transfers between agencies of employees with critical
            skills;
                (2) In consultation with the Secretary of Defense
            and the Director of Selective Service, develop plans
            and procedures for a system to control any conscription
            of Federal civilian employees during national security
            emergencies.

    Part 23-Selective Service System

    Sec. 2301. Lead Responsibilities. In addition to the applicable
    responsibilities covered in Parts 1 and 2, the Director of
    Selective Service shall:
                (1) Develop plans to provide by induction, as
            authorized by law, personnel that would be required by
            the armed forces during national security emergencies;
                (2) Develop plans for implementing an alternative
            service program.

    Part 24-Tennessee Valley Authority

    Sec. 2401. Lead Responsibility. In addition to the applicable
    responsibilities covered in Parts 1 and 2, the Board of
    Directors of the Tennessee Valley Authority shall develop plans
    and maintain river control operations for the prevention or
    control of floods affecting the Tennessee River System during
    national security emergencies.

    Sec. 2402. Support Responsibilities. The Board of Directors of
    the Tennessee Valley Authority shall:
                (1) Assist the Secretary of Energy in the
            development of plans for the integration of the
            Tennessee Valley Authority power system into nationwide
            national security emergency programs;
                (2) Assist the Secretaries of Defense, Interior,
            and Transportation and the Chairman of the Interstate
            Commerce Commission in the development of plans for
            operation and maintenance of inland waterway
            transportation in the Tennessee River System during
            national security emergencies.

    Part 25-United States Information Agency

    Sec. 2501. Lead Responsibilities. In addition to the applicable
    responsibilities covered in Parts 1 and 2, the Director of the
    United States Information Agency shall:
                (1) Plan for the implementation of information
            programs to promote an understanding abroad of the
            status of national security emergencies within the
            United States;
                (2) In coordination with the Secretary of State's
            exercise of telecommunications functions affecting
            United States diplomatic missions and consular offices
            overseas, maintain the capability to provide television
            and simultaneous direct radio broadcasting in major
            languages to all areas of the world, and the capability
            to provide wireless file to all United States embassies
            during national security emergencies.

    Sec. 2502. Support Responsibility. The Director of the United
    States Information Agency shall assist the heads of other
    Federal departments and agencies in planning for the use of
    media resources and foreign public information programs during
    national security emergencies.

    Part 26-United States Postal Service

    Sec. 2601. Lead Responsibility. In addition to the applicable
    responsibilities covered in Parts 1 and 2, the Postmaster
    General shall prepare plans and programs to provide essential
    postal services during national security emergencies.

    Sec. 2602. Support Responsibilities. The Postmaster General
    shall:
                (1) Develop plans to assist the Attorney General of
            the United States in the registration of nationals of
            enemy countries residing in the United States;
                (2) Develop plans to assist the Secretary of Health
            and Human Services in registering displaced persons and
            families;
                (3) Develop plans to assist the heads of other
            Federal departments and agencies in locating and
            leasing privately owned property for Federal use during
            national security emergencies.

    Part 27-Veterans' Administration

    Sec. 2701. Lead Responsibilities. 1In addition to the
    applicable responsibilities covered in Parts 1 and 2, the
    Administrator of Veterans' Affairs shall:
                (1) Develop plans for provision of emergency health
            care services to veteran beneficiaries in Veterans'
            Administration medical facilities, to active duty
            military personnel and, as resources permit, to
            civilians in communities affected by national security
            emergencies;
                (2) Develop plans for mortuary services for
            eligible veterans, and advise on methods for interment
            of the dead during national security emergencies.

    Sec. 2702. Support Responsibilities. The Administrator of
    Veterans' Affairs shall:
                (1) Assist the Secretary of Health and Human
            Services in promoting the development of State and
            local plans for the provision of medical services in
            national security emergencies, and develop appropriate
            plans to support such State and local plans;
                (2) Assist the Secretary of Health and Human
            Services in developing national plans to mobilize the
            health care industry and medical resources during
            national security emergencies;
                (3) Assist the Secretary of Health and Human
            Services in developing national plans to set priorities
            and allocate medical resources among civilian and
            military claimants.

    Part 28-Office of Management and Budget

    Sec. 2801.
        In addition to the applicable responsibilities covered in
    Parts 1 and 2, the Director of the Office of Management and
    Budget shall prepare plans and programs to maintain its
    functions during national security emergencies. In connection
    with these functions, the Director of the Office of Management
    and Budget shall:
                (1) Develop plans to ensure the preparation,
            clearance, and coordination of proposed Executive
            orders and proclamations;
                (2) Prepare plans to ensure the preparation,
            supervision, and control of the budget and the
            formulation of the fiscal program of the Government;
                (3) Develop plans to coordinate and communicate
            Executive branch views to the Congress regarding
            legislation and testimony by Executive branch
            officials;
                (4) Develop plans for keeping the President
            informed of the activities of government agencies,
            continuing the Office of Management and Budget's
            management functions, and maintaining presidential
            supervision and direction with respect to legislation
            and regulations in national security emergencies.

    Part 29-General

    Sec. 2901.
        Executive Order Nos. 10421 and 11490, as amended, are
    hereby revoked. This Order shall be effective immediately.
                             Executive Order 12657

            Department of Homeland Security Assistance in Emergency
            Preparedness Planning at Commercial Nuclear Power Plants

                            (As Amended by EO 13286)

    =======================================================================

    Signed:                              November 18, 1988
    Federal Register page and date:      53 FR 47513; November 23, 1988
    Amends:                              EO 11490, October 28, 1969
                                         EO 12148, July 20, 1988
                                         EO 12241, September 29, 1980
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Federal Civil Defense Act of 1950, as amended (50
    U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1974, as
    amended (42 U.S.C. 5121 et seq.), the Atomic Energy Act of
    1954, as amended (42 U.S.C. 2011 et seq.), Reorganization Plan
    No. 1 of 1958, Reorganization Plan No. 1 of 1973, and Section
    301 of Title 3 of the United States Code, and in order to
    ensure that plans and procedures are in place to respond to
    radiological emergencies at commercial nuclear power plants in
    operation or under construction, it is hereby ordered as
    follows:

    Section 1. Scope.
                (a) This Order applies whenever State or local
            governments, either individually or together, decline
            or fail to prepare commercial nuclear power plant
            radiological emergency preparedness plans that are
            sufficient to satisfy Nuclear Regulatory Commission
            (``NRC'') licensing requirements or to participate
            adequately in the preparation, demonstration, testing,
            exercise, or use of such plans.
                (b) In order to request the assistance of the
            Department of Homeland Security (``DHS'') provided for
            in this Order, an affected nuclear power plant
            applicant or licensee (``licensee'') shall certify in
            writing to DHS that the situation described in
            Subsection (a) exists.

    Sec. 2. Generally Applicable Principles and Directives.
                (a) Subject to the principles articulated in this
            Section, the Secretary of Homeland Security is hereby
            authorized and directed to take the actions specified
            in Sections 3 through 6 of this Order.
                (b) In carrying out any of its responsibilities
            under this Order, DHS:
                        (1) shall work actively with the licensee,
                    and, before relying upon its resources or those
                    of any other Department or agency within the
                    Executive branch, shall make maximum feasible
                    use of the licensee's resources;
                        (2) shall take care not to supplant State
                    and local resources. DHS shall substitute its
                    own resources for those of the State and local
                    governments only to the extent necessary to
                    compensate for the nonparticipation or
                    inadequate participation of those governments,
                    and only as a last resort after appropriate
                    consultation with the Governors and responsible
                    local officials in the affected area regarding
                    State and local participation;
                        (3) is authorized, to the extent permitted
                    by law, to enter into interagency Memoranda of
                    Understanding providing for utilization of the
                    resources of other Executive branch Departments
                    and agencies and for delegation to other
                    Executive branch Departments and agencies of
                    any of the functions and duties assigned to
                    FEMA under this Order; however, any such
                    Memorandum of Understanding shall be subject to
                    approval by the Director of the Office of
                    Management and Budget (``OMB'') and published
                    in final form in the Federal Register; and
                        (4) shall assume for purposes of Sections 3
                    and 4 of this Order that, in the event of an
                    actual radiological emergency or disaster,
                    State and local authorities would contribute
                    their full resources and exercise their
                    authorities in accordance with their duties to
                    protect the public from harm and would act
                    generally in conformity with the licensee's
                    radiological emergency preparedness plan.
                (c) The Director of OMB shall resolve any issue
            concerning the obligation of Federal funds arising from
            the implementation of this Order. In resolving issues
            under this Subsection, the Director of OMB shall
            ensure:
                        (1) that DHS has utilized to the maximum
                    extent possible the resources of the licensee
                    and State and local governments before it
                    relies upon its appropriated and lawfully
                    available resources or those of any Department
                    or agency in the Executive branch;
                        (2) that DHS shall use its existing
                    resources to coordinate and manage, rather than
                    duplicate, other available resources;
                        (3) that implementation of this Order is
                    accomplished with an economy of resources; and
                        (4) that full reimbursement to the Federal
                    Government is provided, to the extent permitted
                    by law.

    Sec. 3. FEMA Participation in Emergency Preparedness Planning.
                (a) DHS assistance in emergency preparedness
            planning shall include advice, technical assistance,
            and arrangements for facilities and resources as needed
            to satisfy the emergency planning requirements under
            the Atomic Energy Act of 1954, as amended, and any
            other Federal legislation or regulations pertaining to
            issuance or retention of a construction permit or an
            operating license for a nuclear power plant.
                (b) DHS shall make all necessary plans and
            arrangements to ensure that the Federal Government is
            prepared to assume any and all functions and
            undertakings necessary to provide adequate protection
            to the public in cases within the scope of this Order.
            In making such plans and arrangements,
                        (1) DHS shall focus planning of Federal
                    response activities to ensure that:
                                (A) adequate resources and
                            arrangements will exist, as of the time
                            when an initial response is needed,
                            given the absence or inadequacy of
                            advance State and local commitments;
                            and
                                (B) attention has been given to
                            coordinating (including turning over)
                            response functions when State and local
                            governments do exercise their
                            authority, with specific attention to
                            the areas where prior State and local
                            participation has been insufficient or
                            absent;
                        (2) DHS's planning for Federal
                    participation in responding to a radiological
                    emergency within the scope of this Order shall
                    include, but not be limited to, arrangements
                    for using existing Federal resources to provide
                    prompt notification of the emergency to the
                    general public; to assist in any necessary
                    evacuation; to provide reception centers or
                    shelters and related facilities and services
                    for evacuees; to provide emergency medical
                    services at Federal hospitals, including those
                    operated by the military services and by the
                    Veterans' Administration; and to ensure the
                    creation and maintenance of channels of
                    communication from commercial nuclear power
                    plant licensees or applicants to State and
                    local governments and to surrounding members of
                    the public.

    Sec. 4. Evaluation of Plans.
                (a) DHS shall consider and evaluate all plans
            developed under the authority of this Order as though
            drafted and submitted by a State or local government.
                (b) DHS shall take all actions necessary to carry
            out the evaluation referred to in the preceding
            Subsection and to permit the NRC to conduct its
            evaluation of radiological emergency preparedness plans
            including, but not limited to, planning, participating
            in, and evaluating exercises, drills, and tests, on a
            timely basis, as necessary to satisfy NRC requirements
            for demonstrations of off-site radiological emergency
            preparedness.

    Sec. 5. Response to a Radiological Emergency.
                (a) In the event of an actual radiological
            emergency or disaster, DHS shall take all steps
            necessary to ensure the implementation of the plans
            developed under this Order and shall coordinate the
            actions of other Federal agencies to achieve the
            maximum effectiveness of Federal efforts in responding
            to the emergency.
                (b) DHS shall coordinate Federal response
            activities to ensure that adequate resources are
            directed, when an initial response is needed, to
            activities hindered by the absence or inadequacy of
            advance State and local commitments. DHS shall also
            coordinate with State and local governmental
            authorities and turn over response functions as
            appropriate when State and local governments do
            exercise their authority.
                (c) DHS shall assume any necessary command-and-
            control function, or delegate such function to another
            Federal agency, in the event that no competent State
            and local authority is available to perform such
            function.
                (d) In any instance in which Federal personnel may
            be called upon to fill a command-and-control function
            during a radiological emergency, in addition to any
            other powers it may have, FEMA or its designee is
            authorized to accept volunteer assistance from utility
            employees and other nongovernmental personnel for any
            purpose necessary to implement the emergency response
            plan and facilitate off-site emergency response.

    Sec. 6. Implementation of Order.
                (a) DHS shall issue interim and final directives
            and procedures implementing this Order as expeditiously
            as is feasible and in any event shall issue interim
            directives and procedures not more than 90 days
            following the effective date of this Order and shall
            issue final directives and procedures not more than 180
            days following the effective date of this Order.
                (b) Immediately upon the effective date of this
            Order, DHS shall review, and initiate necessary
            revisions of, all DHS regulations, directives, and
            guidance to conform them to the terms and policies of
            this Order.
                (c) Immediately upon the effective date of this
            Order, DHS shall review, and initiate necessary
            renegotiations of, all interagency agreements to which
            DHS is a party, so as to conform them to the terms and
            policies of this Order. This directive shall include,
            but not be limited to, the Federal Radiological
            Emergency Response Plan (50 Fed. Reg. 46542 (November
            8, 1985)).
                (d) To the extent permitted by law, DHS is directed
            to obtain full reimbursement, either jointly or
            severally, for services performed by DHS or other
            Federal agencies pursuant to this Order from any
            affected licensee and from any affected
            nonparticipating or inadequately participating State or
            local government.

    Sec. 7. Amendments. This Executive Order amends Executive Order
    Nos. 11490 (34 Fed. Reg. 17567 (October 28, 1969)), 12148 (44
    Fed. Reg. 43239 duly 20, 1979)), and 12241 (45 Fed. Reg. 64879
    (September 29, 1980)), and the same are hereby superseded to
    the extent that they are inconsistent with this Order.

    Sec. 8. Judicial Review. This Order is intended only to improve
    the internal management of the Executive branch, and is not
    intended to create any right or benefit, substantive or
    procedural, enforceable at law by a party against the United
    States, its agencies, its officers, or any person.

    Sec. 9. Effective Date. This Order shall be effective November
    18, 1988.

    =======================================================================

                           Executive Orders Issued by

                           President George H.W. Bush

                                  (1989-1993)

                          Executive Orders 12673-12830

    =======================================================================

                             Executive Order 12673

            Delegation of Disaster Relief and Emergency Assistance
                                   Functions

    =======================================================================

    Signed:                              March 23, 1989
    Federal Register page and date:      54 FR 12571; March 28, 1989
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By virtue of the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act, as amended (42 U.S.C. 5121 et seq.), and in
    order to conform delegations of authority to recent
    legislation, it is hereby ordered as follows:

    Section 1. Section 4-203 of Executive Order No. 12148 is
    amended to read:

    Section 4-203. The functions vested in the President by the
    Robert T. Stafford Disaster Relief and Emergency Assistance
    Act, as amended (432 U.S.C. 5121 et seq.), except those
    functions vested in the President by Section 401 (relating to
    the declaration of major disasters and emergencies), Section
    501 (relating to the declaration of emergencies), Section 405
    (relating to the repair, reconstruction, restoration, or
    replacement of Federal facilities), and Section 412 (relating
    to food coupons and distribution), are hereby delegated to the
    Director of the Federal Emergency Management Agency.

    Sec. 2. Section 3 of Executive Order No. 11795 is amended by
    removing the words ``Section 409'' and inserting ``Section
    412'' in place thereof.

    Sec. 3. The functions vested in the President by Section
    103(e)(2) of the Disaster Relief and Emergency Assistance
    Amendments of 1988, Public Law 100- 707 (relating to the
    transmission of a report to the Committee on Public Works and
    Transportation of the House of Representatives and to the
    Committee on Environment and Public Works of the Senate), are
    hereby delegated to the Director of the Federal Emergency
    Management Agency.

    Sec. 4. The functions vested in the President by Section 110 of
    the Disaster Relief and Emergency Assistance Amendments of
    1988, Public Law 100-707, are hereby delegated to the Director
    of the Federal Emergency Management Agency.

    Sec. 5. The functions vested in the President by Section 113 of
    the Disaster Relief and Emergency Assistance Amendments of
    1988, Public Law 100-707, are hereby delegated to the Director
    of the Federal Emergency Management Agency.

    Sec. 6. The amendments to Executive Order No. 12148 that are
    made by Section 1 of this Executive Order shall not affect the
    administration of any assistance for major disasters or
    emergencies declared by the President before the effective date
    of ``The Disaster Relief and Emergency Assistance Amendments of
    1988.''

                             Executive Order 12699

         Seismic Safety of Federal and Federally Assisted or Regulated
                           New Building Construction

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              January 5, 1990
    Federal Register page and date:      55 FR 835; January 9, 1990
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America, and in
    furtherance of the Earthquake Hazards Reduction Act of 1977, as
    amended et seq.), which requires that Federal preparedness and
    mitigation activities are to include ``development and
    promulgation of specifications, building standards, design
    criteria, and construction practices to achieve appropriate
    earthquake resistance for new . . . structures,'' and ``an
    examination of alternative provisions and requirements for
    reducing earthquake hazards through Federal and federally
    financed construction, loans, loan guarantees, and licenses. .
    . . '' (f)(3, 4)), it is hereby ordered as follows:

    Section 1. Requirements for Earthquake Safety of New Federal
    Buildings.
        The purposes of these requirements are to reduce risks to
    the lives of occupants of buildings owned by the Federal
    Government and to persons who would be affected by the failures
    of Federal buildings in earthquakes, to improve the capability
    of essential Federal buildings to function during or after an
    earthquake, and to reduce earthquake losses of public
    buildings, all in a cost-effective manner. A building means any
    structure, fully or partially enclosed, used or inteded for
    sheltering persons or property.
        Each Federal agency responsible for the design and
    construction of each new Federal building shall ensure that the
    building is designed and constructed in accord with appropriate
    seismic design and construction standards. This requirement
    pertains to all building projectsd for which development of
    detailed plans and specifications is inititated subsequent to
    the issuance of the order. Seismic design and construction
    standards shall be adopted for agency use in accord with
    sections 3(a) and 4(a) of this order.

    Sec. 2. Federally Leased, Assisted, or Regulated Buildings.
        The purposes of these requirements are to reduce risks to
    the lives of occupants of building leased for Federal uses or
    purchased or constructed with Federal assistance, to reduce
    risks to the lives of persons who would be affected by
    earthquake failures of federally assisted or regulated
    buildings, and to protect public investments, all in a cost-
    effective manner. The provisions of this order shall apply to
    all the new construction activities specified in the
    subsections below.
                (a) Space leased for Federal Occupancy. Each
            Federal agency responsible for the construction and
            lease of a new building for Federal use shall ensure
            that the building is designed and constructed in accord
            with appropriate seismic desgin and construction
            standards. This requirement pertains to all leased
            building projects for which the agreement covering
            development of detailed plans and specifications is
            effected subsequent to the issuance of this order.
            Local building codes shall be used in design and
            construction by those concerned with such activities in
            accord with section 3(a) and 3(c) of this order and
            augmented when necessary to achieve appropriate seismic
            design and construction standards.
                (b) Federal Domestic Assistance Programs. Each
            Federal agency assisting in the financing, through
            Federal grants or loans, or guaranteeing the financing,
            through loan or mortgage insurance programs, of newly
            constructed buildings shall plan, and shall initiate no
            later than 3 years subsequent to the issuance of this
            order, measures consistent with section 3(a) of this
            order, to assure appropriate consideration of seismic
            safety.
                (c) Federally Regulated Buildings. Each Federal
            agency with generic responsibility for regulating the
            structural safety of buildings shall paln to require
            use of appropriate seismic design and construction
            standards for new buildings withing the agency's
            purview. Implementation of the plan shall be initiated
            no later than 3 years subsequent to the issuance of
            this order.

    Sec. 3. Concurrent Requirements.
                (a) In accord with Office of Management and Budget
            Circular A-119 of January 17, 1980, entitled ``Federal
            Participation in the Development and Use of Voluntary
            Standards,'' nationally recognized private sector
            standards and practices shall be used for the purposes
            identified in sections 1 and 2 above unless the
            responsible agency finds that none is available that
            meets its requirements. The actions ordered herein
            shall consider the seismic hazards in various areas of
            the country to be as shown in the most recent edition
            of the American National Standards Institute Standards
            A58, Minimum Design Loans for Buildings and Other
            Structures, or subsequent maps adopted for Federal use
            in accord with this order. Local building codes
            determined by the responsible agency or by the
            Interagency Committee for Seismic Safety in
            Construction to provide adequatelky for seismic safety,
            or special seismic standards and practices required by
            unique agency mission needs, may be used.
                (b) All orders, regulations, circulars, or other
            directives issued, and all other actions taken prior to
            the date of this order that maeet the requirements of
            this order, are hereby confirmed and reatified and
            shall be deemed to have been issued under this order.
                (c) Federal agencies that are as of this date
            requiring seismic safety levels that are higher than
            those impsoed by this order in their assigned new
            building construction programs shall continue to
            maintain in force such levels.
                (d) Nothing in this order shall apply to assistance
            provided for emergency work essential to save lives and
            protect propert and public health and safety, performed
            pursuant to Sections 402, 403, 502, and 503 of the
            Robert T. Stafford Disaster Relief and Emergency
            Assistance Act (Stafford Act) 5170b, 5192, and 5193),
            or for temporary housing assistance programs and
            individual and family grants performed pursuant to
            Sections 408 and 411 of the Stafford Act and 5178).
            However, this order shall apply to other provisions of
            the Stafford Act after a presidentially declared majore
            disaster or emergency when assistance actions involve
            new construction or total replacement of a building.
            Grantees and subgrantees shall be encouraged to adopt
            the standards established in section 3(a) of this order
            for use when the construction does not involve Federal
            funding as well as when Department of Homeland Security
            funding applies.

    Sec. 4. Agency Responsibility.
                (a) The Secretary of Homeland Security shall be
            responsible for reporting to the President on the
            execution of this order and providing support for the
            secretariat of the Interagency Committeed on Seismic
            Safety in Construction (ISSC). The ICSSC, using
            consensus procedures, shall be responsible to FEMA for
            the recommendation for adoption of cost-effective
            seismic design and construction standards and practices
            required by sections 1 and 2 of this order.
            Participation in ICSSC shall be open to all agencies
            with programs affected by this order.
                (b) To the extent permitted by law, each agency
            shall issue ;or amend existing regulations or
            procedures to comply with this order within 3 years of
            its issuance and plan for their implementation through
            the usual budget process. Thereafter, each agency shall
            review, within a period not toi exceed 3 years, its
            regulations or procefues to assess the need to
            incorporate new or revised standards and practices.

    Sec. 5. Reporting.
        The Department of Homeland Security shall request, from
    each agency affected by this order, information on the status
    of its procedures, progress in its implementation plan, and the
    impact of this order on its operations. The Department of
    Homeland Security shall include an assessment of the execution
    of this order in its annual report to the Congress on the
    National Earthquake Hazards Reduction Program.

    Sec. 6. Judicial Review.
        Nothing in this order is intended to create any right or
    benefit, substantive or procedureal, enforceab le at law by a
    party against the United States, its agencies, its officers, or
    any question.

                             Executive Order 12727

          Ordering the Selected Reserve of the Armed Forces to Active
                                      Duty

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              August 22, 1990
    Federal Register page and date:      55 FR 35027; August 27, 1990
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 121 and 673b of title 10 of the United
    States Code, I hereby determine that it is necessary to augment
    the active armed forces of the United States for the effective
    conduct of operational missions in and around the Arabian
    Peninsula. Further, under the stated authority, I hereby
    authorize the Secretary of Defense, and the Secretary of
    Homeland Security with respect to the Coast Guard when the
    latter is not operating as a service in the Department of the
    Navy, to order to active duty units and individual members not
    assigned to units, of the Selected Reserve.
        This order is intended only to improve the internal
    management of the executive branch, and is not intended to
    create any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its
    agencies, its officers, or any person.
        This order shall be published in the Federal Register and
    transmitted promplty to the Congress.

                             Executive Order 12728

         Delegating the President's Authority to Suspend any Provision
        of Law Relating to the Promotion, Retirement, or Separation of
                          Members of the Armed Forces

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              August 22, 1990
    Federal Register page and date:      55 FR 35029; August 27, 1990
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 673c of title 10 of the United States Code
    and section 301 of title 3 of the United States Code, I hereby
    order:

    Section 1. The Secretary of Defense, and the Secretary of
    Homeland Security with respect to the Coast Guard when it is
    not operating as a service in the Department of the Navy, are
    hereby designated and empowered to exercise, without the
    approval, ratification, or other action of the President, the
    authority vested in the President by section 673c of title 10
    of the United States Code (1) to suspend any provision of law
    relating to promotion, retirement, or separation applicable to
    any member of the armed forces determined to be essential to
    the national security of the United States, and (2) to
    determine, for the purposes of said section, that members of
    the armed forces are essential to the national security of the
    United States.

    Sec. 2. The authority delegated to the Secretary of Defense and
    the Secretary of Homeland Security by this order may be
    redelegated and further subdelegated to subordinates who are
    appointed to their offices by the President, by and with the
    advice and consent of the Senate.

    Sec. 3. This order is intended only to improve the internal
    management of the executive branch and is not intended to
    create any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its
    agencies, its officers, or any person.

                             Executive Order 12733

           Authorizing the Extension of the Period of Active Duty of
             Personnel of the Selected Reserve of the Armed Forces

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              November 13, 1990
    Federal Register page and date:      55 FR 47837; November 15, 1990
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 121 and 673b(i) of title 10 of the United
    States Code, I hereby determine that, in the interests of
    national security, extending the period of active duty is
    necessary for the following: units of the Selected Reserve, and
    members of the Selected Reserve not assigned to a unit
    organized to serve as a unit of the Selected Reserve, now
    serving on or hereafter ordered to active duty pursuant to
    section 673b(a) of title 10 of the United States Code and
    Executive Order No. 12727 of August 22, 1990. Further, under
    the stated authority, I hereby authorize the Secretary of
    Defense, and the Secretary of Homeland Security with respect to
    the Coast Guard when the latter is not operating as a service
    in the Department of the Navy, to extend the period of active
    duty of such units and members of the Selected Reserve.
        This order is intended only to improve the internal
    management of the executive branch, and is not intended to
    create any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its
    agencies, its officers, or any person.
        This order shall be published in the Federal Register and
    transmitted promptly to the Congress.

                             Executive Order 12742

                  National Security Industrial Responsiveness

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              January 8, 1991
    Federal Register page and date:      56 FR 1079; January 10, 1991
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including and 9501, and it is hereby ordered as follows:

    Section 101. Policy. The United States must have the capability
    to rapidly mobilize its resources in the interest of national
    security. Therefore, to achieve prompt delivery of articles,
    products, and materials to meet national security requirements,
    the Government may place orders and require priority
    performance of these orders.

    Sec. 102. Delegation of Authority under
                (a) Subject to paragraph (b) of this section, the
            authorities vested in the President, under with respect
            to the placing of orders for prompt delivery of
            articles or materials, except for the taking authority
            under (c), are hereby delegated to:
                        (1) The Secretary of Agriculture with
                    respect to all food resources;
                        (2)the Secretary of Energy with respect to
                    all forms of eneryg;
                        (3) the Secretary of Transportation with
                    respect to all forms of civil transportation;
                    and
                        (4) the Secretary of Commerce with respect
                    to all other articles and materials, including
                    construction materials.
                (b) The authorities delegated by paragraph (a) of
            this section shall be exercised only after:
                        (1) a determination by the Secretary of
                    Defense that prompt delivery of the articles or
                    materials for the exclusive use of the armed
                    forces of the United States is in the interest
                    of national security, or
                        (2) a determination by the Secretary of
                    Energy that the prompt delivery of the articles
                    or materials for the Department of Energy's
                    atomic energy programs is in the interest of
                    national security.
                (c) All determinations of the type described in
            paragraph (b) of this section and all delgations _ made
            prior to the effective date of this order under the
            Defense Production Act of 1950, as amended, and under
            its implementing rules and regulations _ shall be
            continued in effect, including but not limited to
            approved programs listed under the Defense Priorities
            and ALlocations System (15 CFR Part 700).

    Sec. 103. Delegation of Authority under and 9501, and
                (a) Subject to paragraph (b) of this section, the
            authorities vested in the President under and 9501 with
            respect to the placing of orders for necessary products
            or materials, and under with respect to the placing of
            orders for ships or war materials, except for the
            taking authority vested in the President by these acts,
            are hereby delegated to:
                        (1) the Secretary of Agriculture with
                    respect to all food resources;
                        (2) the Secretary of Energy with respect to
                    all forms of energy;
                        (3) the Secretary of Transportation with
                    respect to all forms of civil transportation;
                    and
                        (4) the Secretary of Commerce with respect
                    to all other products and materials, including
                    construction materials.
                (b) The authorities delegated in paragraph (a) of
            this section may be exercised only after the President
            has made the statutorily required determination.

    Sec. 104. Implementation.
                (a) The authorities delegated under sections 102
            and 103 of this order shall include the power to
            redelegate such authorities, and the power of
            successive redelegation of such authorities, to
            departments and agencies, officers, and employees of
            the Government. The authorities delegated in this order
            may be implemented by regulations promulgated and
            administered by the Secretaries of Agriculture,
            Defense, Energy, Transportation, Homeland Security, and
            Commerce, and the Director of the Federal Emergency
            Management Agency, as appropriate.
                (b) All departments and agencies delegated
            authority under this order are hereby directed to amend
            their rules and regulations as necessary to reflect the
            new authorities delegated herein that are to be relied
            upon to carry out their functions. To the extent
            authorized by alw, including and 9501, and all rules
            and regulations issued under the Defense Production Act
            of 1950, as amended, with respect to the placing of
            priority orders for articles, products, ships, and
            materials, including war materials, shall be deemed,
            where appropriate, to implement the authorities
            delegated by sections 102 and 103 of this order, and
            shall remain in effect until amended or revoked by the
            respective Secretary. All orders, regualtions, and
            other forms of administrative actions purported to have
            been issued, taken, or continued in effect pursuant to
            the Defense Production Act of 1950, as amended, shall,
            until amended or revoked by the respective Secretaries
            or the Director of the Federal Emergency Management
            Agency, as appropriate, remain in full force and
            effect, to the extent supported by any law or any
            authority delegated to the respective Secretary or the
            Director pursuant to this order.
                (c) Upon the request of the Secretary of Defense
            with respect to particular articles, products, or
            materials that are determined to be needed to meet
            national security requirements, any other official
            receiving a delegation of authority under this
            Executive order to place orders or to enforce
            precedence of such orders, shall exercise such
            authroity within 10 calendar days of the receipt of the
            request; provided, that if the head of any department
            or agency having delegated responsibilities hereunder
            disagrees with a request of the Secretary of Defense,
            such department or agency head shall, within 10
            calendar days from the receipt of the request, refer
            the issue to the Assistant to the President for
            National Security Affairs, who shall ensure expeditious
            resolution of the issue.
                (d) Proposed department and agency regulations and
            procedures to implement the delegated authority under
            this order, and any new determinations made under
            sections 102(b)(1) or (2), shall be coordinated by the
            Secretary of Homeland Security with all appropriate
            departments and agencies.

    Sec. 105. Judicial Review. This order is intended only to
    improve the internal management of the executive branch and is
    not intended to create any right or benefit, substantive or
    procedural, enforceable at law by a party against the United
    States, its agencies, its officers, or any person.

                             Executive Order 12788

                      Defense Economic Adjustment Program

                       (As amended by EO 13286, EO 13378)

    =======================================================================

    Signed:                              January 15, 1992
    Federal Register page and date:      57 FR 2213; January 21, 1992
    Amended by:                          EO 13286, February 28, 2003
                                         EO 13378, May 12, 2005
    Supersedes:                          EO 12049, March 27, 1978

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including and the Defense Economic Adjustment, Diversification,
    Conversion, and Stabilization Act of 1990, enacted as Division
    D, section 4001 et seq., of the National Defense Authorization
    Act for Fiscal Year 1991, Public Law 101-510, and to provide
    coordinated Federal economic adjustment assistance necessitated
    by changes in Department of Defense activities, it is hereby
    ordered as follows:

    Section 1. Function of the Secretary of Defense. The Secretary
    of Defense shall, through the Economic Adjustment Committee,
    design and establish a Defense Economic Adjustment Program.

    Sec. 2. The Defense Economic Adjustment Program shall
                (1) assist substantially and seriously affected
            communities, businesses, and workers from the effects
            of major Defense base closures, realignments, and
            Defense contract-related adjustments, and
                (2) assist State and local governments in
            preventing the encroachment of civilian communities
            from impairing the operational utility of military
            installations.

    Sec. 3. Functions of the Defense Economic Adjustment Program.
    The Defense Economic Adjustment Program shall:
                (a) Identify problems of States, regions,
            metropolitan areas, or communities that result from
            major Defense base closures, realignments, and Defense
            contract-related adjustments, and the encroachment of
            the civilian community on the mission of military
            installations and that require Federal assistance;
                (b) Use and maintain a uniform socioeconomic impact
            analysis to justify the use of Federal economic
            adjustment resources, prior to particular realignments;
                (c) Apply consistent policies, practices, and
            procedures in the administration of Federal programs
            that are used to assist Defense-affected States,
            regions, metropolitan areas, communities, and
            businesses;
                (d) Identify and strengthen existing agency
            mechanisms to coordinate employment opportunities for
            displaced agency personnel;
                (e) Identify and strengthen existing agency
            mechanisms to improve reemployment opportunities for
            dislocated Defense industry personnel;
                (f) Assure timely consultation and cooperation with
            Federal, State, regional, metropolitan, and community
            officials concerning Defense-related impacts on
            Defense-affected communities' problems;
                (g) Assure coordinated interagency and
            intergovernmental adjustment assistance concerning
            Defense impact problems;
                (h) Prepare, facilitate, and implement cost-
            effective strategies and action plans to coordinate
            interagency and intergovernmental economic adjustment
            efforts;
                (i) Encourage effective Federal, State, regional,
            metropolitan, and community cooperation and concerted
            involvement of public interest groups and private
            sector organizations in Defense economic adjustment
            activities;
                (j) Serve as a clearinghouse to exchange
            information among Federal, State, regional,
            metropolitan, and community officials involved in the
            resolution of community economic adjustment problems.
            Such information may include, for example, previous
            studies, technical information, and sources of public
            and private financing;
                (k) Assist in the diversification of local
            economies to lessen dependence on Defense activities;
                (l) Encourage and facilitate private sector interim
            use of lands and buildings to generate jobs as military
            activities diminish;
                (m) Develop ways to streamline property disposal
            procedures to enable Defense-impacted communities to
            acquire base property to generate jobs as military
            activities diminish; and
                (n) Encourage resolution of regulatory issues that
            impede encroachment prevention and local economic
            adjustment efforts.

    Sec. 4. Economic Adjustment Committee.
                (a) Membership. The Economic Adjustment Committee
            (``Committee'') shall be composed of the following
            individuals, or a designated principal deputy of these
            individuals, and such other individuals from the
            executive branch as the President may designate. Such
            individuals shall include the:
                        (1) Secretary of Agriculture;
                        (2) Attorney General;
                        (3) Secretary of Commerce;
                        (4) Secretary of Defense;
                        (5) Secretary of Education;
                        (6) Secretary of Energy;
                        (7) Secretary of Health and Human Services;
                        (8) Secretary of Housing and Urban
                    Development;
                        (9) Secretary of the Interior;
                        (10) Secretary of Labor;
                        (11) Secretary of State;
                        (12) Secretary of Transportation;
                        (13) Secretary of the Treasury;
                        (14) Secretary of Veterans Affairs;
                        (15) Secretary of Homeland Security;
                        (16) Chairman, Council of Economic
                    Advisers;
                        (17) Director of the Office of Management
                    and Budget;
                        (18) Director of the Office of Personnel
                    Management;
                        (19) Administrator of the Environmental
                    Protection Agency;
                        (20) Administrator of General Services;
                        (21) Administrator of the Small Business
                    Administration; and,
                        (22) Postmaster General.
                (b) The Secretary of Defense, or the Secretary's
            designee, shall chair the Committee.
                (c) The Secretaries of Labor and Commerce shall
            serve as Vice Chairmen of the Committee. The Vice
            Chairmen shall co-chair the Committee in the absence of
            both the Chairman and the Chairman's designee and may
            also preside over meetings of designated
            representatives of the concerned executive agencies.
                (d) Executive Director. The head of the Department
            of Defense's Office of Economic Adjustment shall
            provide all necessary policy and administrative support
            for the Committee and shall be responsible for
            coordinating the application of the Defense Economic
            Adjustment Program to Department of Defense activities.
                (e) Duties. The Committee shall:
                        (1) Advise, assist, and support the Defense
                    Economic Adjustment Program;
                        (2) Develop procedures for ensuring that
                    State, regional, and community officials and
                    representatives of organized labor in those
                    States, municipalities, localities, or labor
                    organizations that are substantially and
                    seriously affected by changes in Defense
                    expenditures, realignments or closures, or
                    cancellation or curtailment of major Defense
                    contracts, are notified of available Federal
                    economic adjustment programs; and,
                        (3) Report annually to the President and
                    then to the Congress on the work of the
                    Economic Adjustment Committee during the
                    preceding fiscal year.

    Sec. 5. Responsibilities of Executive Agencies.
                (a) The head of each agency represented on the
            Committee shall designate an agency representative to:
                        (1) Serve as a liaison with the Secretary
                    of Defense's economic adjustment staff;
                        (2) Coordinate agency support and
                    participation in economic adjustment assistance
                    projects; and,
                        (3) Assist in resolving Defense-related
                    impacts on Defense-affected communities.
                (b) All executive agencies shall:
                        (1) Support, to the extent permitted by
                    law, the economic adjustment assistance
                    activities of the Secretary of Defense. Such
                    support may include the use and application of
                    personnel, technical expertise, legal
                    authorities, and available financial resources.
                    This support may be used, to the extent
                    permitted by law, to provide a coordinated
                    Federal response to the needs of individual
                    States, regions, municipalities, and
                    communities adversely affected by necessary
                    Defense changes;
                        (2) Afford priority consideration to
                    requests from Defense-affected communities for
                    Federal technical assistance, financial
                    resources, excess or surplus property, or other
                    requirements, that are part of a comprehensive
                    plan used by the Committee.

    Sec. 6. Judicial Review.
        This order shall not be interpreted to create any right or
    benefit, substantive or procedural, enforceable at law by a
    party against the United States, its agencies, its officers,
    its agents, or any person.

    Sec. 7. Construction.
                (a) Nothing in this order shall be construed as
            subjecting any function vested by law in, or assigned
            pursuant to law to, any agency or head thereof to the
            authority of any other agency or officer or as
            abrogating or restricting any such function in any
            manner.
                (b) This order shall be effective immediately and
            shall supersede Executive Order No. 12049.

                             Executive Order 12789

        Delegation of Reporting Functions Under the Immigration Reform
                            and Control Act of 1986

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              February 10, 1992
    Federal Register page and date:      57 FR 5225; February 12, 1992
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including section 301 of title 3, United States Code, and title
    IV of the Immigration Reform and Control Act of 1986, Public
    Law 99-603 (``Reform Act''), it is hereby ordered as follows:

    Section 1. The Secretary of Homeland Security shall: (a)
    perform, in coordination with the Secretary of Labor, the
    functions vested in the President by section 401 of the Reform
    Act
                ((b) perform, except for the vunctions in section
            402(3)(A), the functions vested in the President by
            section 402 of the Reform Act note); and
                ((c) perform, insofar as they relate to the initial
            report described in section 404(b), the functions
            vested in the President by section 404 of the Reform
            Act note).

    Sec. 2. The Secretary of Labor shall: (a) perform the functions
    vested in the President by section 402(3)(A) of the Reform Act
    note).
                ((b) perform the functions vested in the President
            by section 403 of the Reform Act note).
                ((c) perform, insofar as they relate to the second
            report described in section 404(c), the functions
            vested in the President by section 404 of the Reform
            Act note).

    Sec. 3. The functions delegated by sections 1 and 2 of this
    order shall be performed in accordance with the procedures set
    forth in OMB Circular A-19.

    Sec. 4. This order shall be effective immediately.

                             Executive Order 12793

                      Defense Economic Adjustment Program

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              March 20, 1992
    Federal Register page and date:      57 FR 10281; March 25, 1992
    Amended by:                          EO 13286, February 28, 2003
    Supersedes:                          EO 10879, June 1, 1960

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    as Commander in Chief of the Armed Forces of the United States,
    it is ordered of follows;

    Section 1. Presidential Service Certificate. The Presidential
    Service Certificate (``Certificate'') is hereby continued, the
    design of which accompanies and is hereby made a part of this
    order. The Certificate shall be awarded in the name of the
    Presidential of the United States by the Secretary of the Army,
    The Secretary of the Navy, the Secretary of the Air Force, or,
    when the Coast Guard is not operating as a service in the Navy,
    the Secretary of Homeland Security. It shall be awarded by the
    appropriate Secretary to members of the Army, Navy, Marine
    Corps, Air Force, Coast Guard, respectively, who have been
    assigned to the White House Office; to military units and
    support facilities under the administration of the White House
    Military Office; or to other direct support positions within
    the Executive Office of the President (``EOP''). The
    Certificate shall not be issued to any member who is issued a
    Vice Presidential Certificate, or similar EOP Certificate, for
    the same period of service. Such assignment must be for a
    period of at least one year, subsequent to January 21, 1989.

    Sec. 2. Presidential Service Badge. The Presidential Service
    Badge (``Badge'') is hereby continued, the design of which
    accompanies and is hereby made a part of this order. The Badge
    shall be awarded to those members of the Armed Forces who have
    been granted the Certificate and shall be awarded in the same
    manner in which the Certificate has been given. The Badge shall
    be worn as a part of the uniform of those individuals under
    such regulations as their respective Secretaries may severally
    prescribe.

    Sec. 3. Only one Certificate may be awarded to an individual.

    Sec. 4. The Certificate and the Badge may be granted
    posthumously.

    Sec. 5. This order shall supersede Executive Order No. 10879 of
    June 1, 1960, as amended.

                             Executive Order 12807

                         Interdiction of Illegal Aliens

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              May 24, 1992
    Federal Register page and date:      57 FR 23133; June 1, 1992
    Amended by:                          EO 13286, February 28, 2003
    Revokes:                             EO 12324, September 29, 1981

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 212(f) and 215(a)(1) of the Immigration and
    Nationality Act, as amended (f) and 1185(a)(1)), and whereas:
                (1) The President has authority to suspend the
            entry of aliens coming by sea to the United States
            without necessary documentation, to establish
            reasonable rules and regulations regarding, and other
            limitations on, the entry or attempted entry of aliens
            into the United States, and to repatriate aliens
            interdicted beyond the territorial sea of the United
            States;
                (2) The international legal obligations of the
            United States under the United Nations Protocol
            Relating to the Status of Refugees (U.S. T.I.A.S. 6577;
            19 U.S.T. 6223) to apply Article 33 of the United
            Nations Convention Relating to the Status of Refugees
            do not extend to persons located outside the territory
            of the United States;
                (3) Proclamation No. 4865 suspends the entry of all
            undocumented aliens into the United States by the high
            seas; and
                (4) There continues to be a serious problem of
            persons attempting to come to the United States by sea
            without necessary documentation and otherwise
            illegally.
        I, George Bush, President of the United States of America,
    hereby order as follows:

    Section 1. The Secretary of State shall undertake to enter
    into, on behalf of the United States, cooperative arrangements
    with appropriate foreign governments for the purpose of
    preventing illegal migration to the United States by sea.

    Sec. 2.
                (a) The Secretary of the Department in which the
            Coast Guard is operating, in consultation, where
            appropriate, with the Secretary of Defense, the
            Attorney General, and the Secretary of State, shall
            issue appropriate instruction to the Coast Guard in
            order to enforce the suspension of the entry of
            undocumented aliens by sea and the interdiction of any
            defined vessel carrying such aliens.
                (b) Those instructions shall apply to any of the
            following defined vessels:
                        (1) Vessels of the United States, meaning
                    any vessel documented or numbered pursuant to
                    the laws of the United States, or owned in
                    whole or in part by the United States, a
                    citizen of the United States, or a corporation
                    incorporated under the laws of the United
                    States or any State, Territory, District,
                    Commonwealth, or possession thereof, unless the
                    vessel has been granted nationality by a
                    foreign nation in accord with Article 5 of the
                    Convention on the High Seas of 1958 (U.S.
                    T.I.A.S. 5200; 13 U.S.T. 2312).
                        (2) Vessels without nationality or vessels
                    assimilated to vessels without nationality in
                    accordance with paragraph (2) of Article 6 of
                    the Convention on the High Seas of 1958 (U.S.
                    T.I.A.S. 5200; 13 U.S.T. 2312).
                        (3) Vessels of foreign nations with whom we
                    have arrangements authorizing the United States
                    to stop and board such vessels.
                (c) Those instructions to the Coast Guard shall
            include appropriate directives providing for the Coast
            Guard:
                        (1) To stop and board defined vessels, when
                    there is reason to believe that such vessels
                    are engaged in the irregular transportation of
                    persons or violations of United States law or
                    the law of a country with which the United
                    States has an arrangement authorizing such
                    action.
                        (2) To make inquiries of those on board,
                    examine documents and take such actions as are
                    necessary to carrty out this order.
                        (3) To return the vessel and its passengers
                    to the country from which it came, or to
                    another country, when there is reason to
                    believe that an offense is being committed
                    against the United States immigration laws, or
                    appropriate laws of a foreign country with
                    which we have an arrangement to assist;
                    provided, however, that the Secretary of
                    Homeland Security, in his unreviewable
                    discretion, may decide that a person who is a
                    refugee will ot be returned without his
                    consent.
                (d) These actions, pursuant to this section, are
            authorized to be undertaken only beyond the territorial
            sea of the United States.

    Sec. 3. This order is intended only to improve the internal
    management of the Executive Branch. Neither this order nor any
    agency guidelines, procedures, instructions, directives, rules
    or regulations implementing this order shall create, or shall
    be construed to create, any right or benefit, substantive or
    procedural (including without limitation any right or benefit
    under the Administrative Procedure Act), legally enforceable by
    any party against the United States, its agencies or
    instrumentalities, officers, employees, or any other person.
    Nor shall this order is construed to require any procedures to
    determine whether a person is a refugee.

    Sec. 4. Executive Order No. 12324 is hereby revoked and
    replaced by this order.

    Sec. 5. This order shall be effective immediately.

                             Executive Order 12824

         Establishing the Homeland Security Distinguished Service Medal

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              December 7, 1992
    Federal Register page and date:      57 FR 58121; December 9, 1992
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America and
    as Commander in Chief of the Armed Forces of the United States,
    it is ordered as follows:

    Section 1. There is hereby established a Homeland Security
    Distinguished Service Medal, with accompanying ribbons and
    appurtenances, for award by the Secretary of Homeland Security
    to a member of the Coast Guard who has provided exceptionally
    meritorious service in a duty of great responsibility while
    assigned in the Department of Homeland Security, or in other
    activities under the responsibility of the Secretary of
    Homeland Security, either national or international, as may be
    assigned by the Secretary.

    Sec. 2. The Homeland Security Distinguished Service Medal and
    appurtenances thereto shall be of appropriate design approved
    by the Secretary of Transportation and shall be awarded under
    such regulations as the Secretary shall prescribe. These
    regulations shall place the Homeland Security Distinguished
    Service Medal in an order of precedence immediately before the
    Coast Guard Distinguished Service Medal.

    Sec. 3. No more than one Homeland Security Distinguished
    Service Medal shall be awarded to any one person, but for each
    succeeding exceptionally meritorious period of service
    justifying such an award, a suitable device may be awarded to
    be worn with that Medal as prescribed by appropriate
    regulations of the Department of Homeland Security.

    Sec. 4. The Homeland Security Distinguished Service Medal or
    device may be awarded posthumously and, when so awarded, may be
    presented to such representative of the deceased as may be
    deemed appropriate by the Secretary of Homeland Security.

                             Executive Order 12830

         Establishing the Military Outstanding Volunteer Service Medal

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              January 9, 1993
    Federal Register page and date:      58 FR 4061; January 13, 1993
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    as Commander in Chief of the Armed Forces, it is hereby ordered
    as follows:

    Section 1. There is hereby established a Military Outstanding
    Volunteer Service Medal, with accompanying ribbons and
    appurtenances, for award by the Secretary of Defense or, with
    respect to the Coast Guard when it is not operating as a
    service in the Navy, the Secretary of Homeland Security.
    Members of the Armed Forces of the United States (including
    Reserve components) who perform outstanding volunteer service
    to the civilian community of a sustained, direct, and
    consequential nature are eligible for the medal.

    Sec. 2. The Military Outstanding Volunteer Service Medal and
    ribbons and appurtenances thereto shall be of appropriate
    design approved by the Secretary of Defense. The Secretary of
    Defense shall prescribe regulations to govern the award and
    wear of the Military Outstanding Volunteer Service Medal. The
    regulations shall place the Military Outstanding Volunteer
    Service Medal in order of precedence immediately after the
    Humanitarian Service Medal.

    Sec. 3. No more than one award of the Military Outstanding
    Volunteer Service Medal may be made to any one person, but for
    each subsequent act justifying such an award, a suitable device
    may be awarded to be worn with that medal as prescribed by
    appropriate regulations issued by the Secretary of Defense.

    Sec. 4. The Military Outstanding Volunteer Service Medal may be
    awarded posthumously, and when so awarded, may be presented to
    such representatives of the deceased as may be deemed
    appropriate by the Secretary of Defense or, in the case of a
    member of the Coast Guard when it is not operating as a service
    in the Navy, the Secretary of Homeland Security.

    =======================================================================

                           Executive Orders Issued by

                          President William J. Clinton

                                  (1993-2001)

                          Executive Orders 12835-13165

    =======================================================================

                             Executive Order 12835

                 Establishment of the National Economic Council

                       (As amended by EO 13286, EO 13499)

    =======================================================================

    Signed:                              January 25, 1993
    Federal Register page and date:      58 FR 6189; January 27, 1993
    Amended by:                          EO 13286, February 28, 2003
                                         EO 13499, February 5, 2009

    =======================================================================

        By the authority vested in me as President of the United
    States by the Constitution and the laws of the United States of
    America, including sections 105, 107, and 301 of title 3,
    United States Code, it is hereby ordered as follows:

    Section 1. Establishment.
        There is established the National Economic Council (``the
    Council'').

    Sec. 2. Membership. The Council shall comprise the:
                (a) President, who shall serve as Chairman of the
            Council;
                (b) Vice President;
                (c) Secretary of State;
                (d) Secretary of the Treasury;
                (e) Secretary of Agriculture;
                (f) Secretary of Commerce;
                (g) Secretary of Labor;
                (h) Secretary of Housing and Urban Development;
                (i) Secretary of Transportation;
                (j) Secretary of Energy;
                (k) Secretary of Homeland Security;
                (l) Secretary of Health and Human Services;
                (m) Secretary of Education;
                (n) Senior Advisor and Assistant to the President
            for Intergovernmental Affairs and Public Liaison;
                (o) Assistant to the President for Energy and
            Climate Change;
                (p) Assistant to the President and Chief Technology
            Officer;
                (q) Administrator of the Small Business
            Administration
                (r) Administrator of the Environmental Protection
            Agency;
                (s) Chair of the Council of Economic Advisers;
                (t) Director of the Office of Management and
            Budget;
                (u) United States Trade Representative;
                (v) Assistant to the President for Economic Policy;
                (w) Assistant to the President for Domestic Policy;
                (x) National Security Adviser;
                (y) Assistant to the President for Science and
            Technology Policy; and
                (z) Such other officials of executive departments
            and agencies as the President may, from time to time,
            designate.

    Sec. 3. Meetings of the Council. The President, or upon his
    direction, the Assistant to the President for Economic Policy
    (``the Assistant''), may convene meetings of the Council. The
    President shall preside over the meetings of the Council,
    provided that in his absence the Vice President, and in his
    absence the Assistant, will preside.

    Sec. 4. Functions.
                (a) The principal functions of the Council are:
                        (1) to coordinate the economic policy-
                    making process with respect to domestic and
                    international economic issues;
                        (2) to coordinate economic policy advice to
                    the President;
                        (3) to ensure that economic policy
                    decisions and programs are consistent with the
                    President's stated goals, and to ensure that
                    those goals are being effectively pursued; and
                        (4) to monitor implementation of the
                    President's economic policy agenda. The
                    Assistant may take such actions, including
                    drafting a Charter, as may be necessary or
                    appropriate to implement such functions.
                (b) All executive departments and agencies, whether
            or not represented on the Council, shall coordinate
            economic policy through the Council.
                (c) In performing the foregoing functions, the
            Assistant will, when appropriate, work in conjunction
            with the Assistant to the President for Domestic Policy
            and the Assistant to the President for National
            Security.
                (d) The Secretary of the Treasury will continue to
            be the senior economic official in the executive branch
            and the President's chief economic spokesperson.
            The Director of the Office of Management and Budget, as
            the President's principal budget spokesperson, will
            continue to be the senior budget official in the
            executive branch. The Council of Economic Advisers will
            continue its traditional analytic, forecasting and
            advisory functions.

    Sec. 5. Administration.
                (a) The Council may function through established or
            ad hoc committees, task forces or interagency groups.
                (b) The Council shall have a staff to be headed by
            the Assistant to the President for Economic Policy. The
            Council shall have such staff and other assistance as
            may be necessary to carry out the provisions of this
            order.
                (c) All executive departments and agencies shall
            cooperate with the Council and provide such assistance,
            information, and advice to the Council as the Council
            may request, to the extent permitted by law.

                             Executive Order 12859

                  Establishment of the Domestic Policy Council

                       (As amended by EO 13284, EO 13500)

    =======================================================================

    Signed:                              August 16, 1993
    Federal Register page and date:      58 FR 44101; August 19, 1993
    Amended by:                          EO 13284, January 23, 2003
                                         EO 13500, February 5, 2009

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 105, 107, and 301 of title 3, United States
    Code, it is hereby ordered as follows:

    Section 1. Establishment.
        There is established the Domestic Policy Council (``the
    Council'').

    Sec. 2. Membership. The Council shall comprise the:
                (a) President, who shall serve as a Chairman of the
            Council;
                (b) Vice President;
                (c) Secretary of Health and Human Services;
                (d) Attorney General;
                (e) Secretary of Labor;
                (f) Secretary of Veterans Affairs;
                (g) Secretary of the Interior;
                (h) Secretary of Education;
                (i) Secretary of Housing and Urban Development;
                (j) Secretary of Agriculture;
                (k) Secretary of Transportation;
                (l) Secretary of Commerce;
                (m) Secretary of Energy;
                (n) Secretary of the Treasury;
                (o) Secretary of Homeland Security;
                (p) Administrator of the Environmental Protection
            Agency;
                (q) Chair of the Council of Economic Advisers;
                (r) Director of the Office of Management and
            Budget;
                (s) Assistant to the President for Economic Policy;
                (t) Assistant to the President for Domestic Policy;
                (u) Assistant to the President and Director of the
            Office of National Service;
                (v) Assistant to the President for Energy and
            Climate Change;
                (w) Director, Office of National Drug Control
            Policy;
                (x) Assistant to the President and Chief Technology
            Officer;
                (y) Chief Executive Officer, Corporation for
            National and Community Service;
                (z) Director of the Office of Science and
            Technology Policy; and
                (aa) Such other officials of Executive departments
            and agencies as the President may, from time to time,
            designate.

    Sec. 3. Meeting of the Council. The President, or upon his
    direction, the Assistant to the President for Domestic Policy
    (``the Assistant''), may convene meetings of the Council. The
    President shall preside over the meetings of the Council,
    provided that in his absence the Vice President, and in his
    absence the Assistant, will preside.

    Sec. 4. Functions.
                (a) The principal functions of the Council are:
                        (1) to coordinate the domestic policy-
                    making process;
                        (2) to coordinate domestic policy advice to
                    the President; (3) to ensure that domestic
                    policy decisions and programs are consistent
                    with the President's stated goals, and to
                    ensure that those goals are being effectively
                    pursued; and (4) to monitor implementation of
                    the President's domestic policy agenda. The
                    Assistant may take such actions, including
                    drafting a Charter, as may be necessary or
                    appropriate to implement such functions.
                (b) All executive departments and agencies, whether
            or not represented on the Council, shall coordinate
            domestic policy through the Council.
                (c) In performing the foregoing functions, the
            Assistant will, when appropriate, work with the
            Assistant to the President for National Security
            Affairs and the Assistant to the President for Economic
            Policy.

    Sec. 5. Administration.
                (a) The Council may function through established or
            ad hoc committees, task forces or interagency groups.
                (b) The Council shall have a staff to be headed by
            the Assistant to the President for Domestic Policy. The
            Council shall have such staff and other assistance as
            may be necessary to carry out the provisions of this
            order.
                (c) All executive departments and agencies shall
            cooperate with the Council and provide such assistance,
            information, and advice to the Council as the Council
            may request, to the extent permitted by law.

                             Executive Order 12870

                     Trade Promotion Coordinating Committee

                           (As amended by EO 133286)

    =======================================================================

    Signed:                              September 30, 1993
    Federal Register page and date:      58 FR 51753; October 4, 1993
    Amended by:                          EO 13286, 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 Export Enhancement Act of 1992 (Public Law 102-
    429, 106 Stat. 2186), and section 301 of title 3, United States
    Code, it is hereby ordered as follows:

    Section 1. Establishment. There is established the ``Trade
    Promotion Coordinating Committee'' (``TPCC''). The Committee
    shall comprise representatives of each of the following:
                (a) Department of Commerce
                (b) Department of State;
                (c) Department of the Treasury;
                (d) Department of Agriculture;
                (e) Department of Energy;
                (f) Department of Transportation;
                (g) Department of Defense;
                (h) Department of Labor;
                (i) Department of the Interior;
                (j) Department of Homeland Security;
                (k) Agency for International Development;
                (l) Trade and Development Agency;
                (m) Environmental Protection Agency;
                (n) United States Information Agency;
                (o) Small Business Administration;
                (p) Overseas Private Investment Corporation;
                (q) Export-Import Bank of the United States;
                (r) Office of the United States Trade
            Representative;
                (s) Council of Economic Advisers;
                (t) Office of Management and Budget;
                (u) National Economic Council;
                (v) National Security Council; and
                (w) at the discretion of the President, such other
            departments or agencies as may be necessary.
                Members of the TPCC shall be appointed by the heads
            of their respective departments or agencies. Such
            members, as well as their designated alternatives,
            shall be individuals who exercise significant decision-
            making authority in their respective departments or
            agencies.

    Sec. 2. Chairperson. The Secretary of Commerce shall be the
    chairperson of the TPCC.

    Sec. 3. Purpose. The purpose of the TPCC shall be to provide a
    unifying framework to coordinate the export promotion and
    export financing activities of the United States Government and
    to develop a governmentwide strategic plan for carrying out
    such programs.

    Sec. 4. Duties. The TPCC shall:
                (a) coordinate the development of the trade
            promotion policies and programs of the United States
            Government;
                (b) provide a central source of information for the
            business community on Federal export promotion and
            export financing programs;
                (c) coordinate official trade promotion efforts to
            ensure better delivery of services to U.S. businesses,
            including:
                        (1) information and counseling on U.S.
                    export promotion and export financing programs
                    and opportunities in foreign markets;
                        (2) representation of U.S. business
                    interests abroad; and
                        (3) assistance with foreign business
                    contacts and projects;
                (d) prevent unnecessary duplication in Federal
            export promotion and export financing activities;
                (e) assess the appropriate levels and allocation of
            resources among agencies in support of export promotion
            and export financing and provide recommendations,
            through the Director of the Office of Management and
            Budget to the President, based on its assessment; and
                (f) carry out such other duties as are deemed to be
            appropriate, consistent with the purpose of the TPCC.

    Sec. 5. Strategic Plan. To carry out section 4 of this order,
    the TPCC shall develop and implement a governmentwide strategic
    plan for Federal trade promotion efforts. Such plan shall:
                (a) establish a set of priorities for Federal
            activities in support of U.S. exports and explain the
            rationale for the priorities;
                (b) review current Federal programs designed to
            promote the sale of U.S. exports in light of the
            priorities established under paragraph (a) of this
            section and develop a plan to bring such activities
            into line with those priorities and to improve
            coordination of such activities;
                (c) identify areas of overlap and duplication among
            Federal export promotion activities and propose means
            of eliminating them;
                (d) propose, through the Director of the Office of
            Management and Budget, to the President an annual
            unified Federal trade promotion budget that supports
            the plan for priority activities and improved
            coordination established under paragraph (b) of this
            section and eliminates funding for the areas of overlap
            and duplication identified under paragraph (c) of this
            section; and
                (e) review efforts by the States to promote U.S.
            exports and propose means of developing cooperation
            between State and Federal efforts, including co-
            location, cost-sharing between Federal and State export
            promotion programs, and sharing of market research
            data.

    Sec. 6. Report. The chairperson of the TPCC, with the approval
    of the President, shall prepare and submit to the Committee on
    Banking, Housing, and Urban Affairs of the Senate, and the
    Committee on Foreign Affairs of the House of Representatives,
    not later than September 30, 1993, and annually thereafter, a
    report describing the strategic plan developed by the TPCC
    pursuant to section 5 of this order, the implementation of such
    a plan, and any revisions to the plan.

                             Executive Order 12881

          Establishment of the National Science and Technology Council

                            (As amended by EO 13284)

    =======================================================================

    Signed:                              November 23, 1993
    Federal Register page and date:      58 FR 62491; November 26, 1993
    Amended by:                          EO 13284, January 23, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 301 of title 3, United States Code, it is
    hereby ordered as follows:

    Section 1. Establishment. There is established the National
    Science and Technology Council (``the Council'').

    Sec. 2. Membership. The Council shall comprise the:
                (a) President, who shall serve as Chairman of the
            Council;
                (b) Vice President;
                (c) Secretary of Commerce;
                (d) Secretary of Defense;
                (e) Secretary of Energy;
                (f) Secretary of Health and Human Services;
                (g) Secretary of State;
                (h) Secretary of the Interior;
                (i) Secretary of Homeland Security;
                (j) Administrator, National Aeronautics and Space
            Administration;
                (k) Director, National Science Foundation;
                (l) Director of the Office of Management and
            Budget;
                (m) Administrator, Environmental Protection Agency;
                (n) Assistant to the President for Science and
            Technology;
                (o) National Security Adviser;
                (p) Assistant to the President for Economic Policy;
                (q) Assistant to the President for Domestic Policy;
            and
                (r) Such other officials of executive departments
            and agencies as the President may, from time to time,
            designate.

    Sec. 3. Meetings of the Council. The President or, upon his
    direction, the Assistant to the President for Science and
    Technology (``the Assistant''), may convene meetings of the
    Council. The President shall preside over the meetings of the
    Council, provided that in his absence the Vice President, and
    in his absence the Assistant, will preside.

    Sec. 4. Functions.
                (a) The principal functions of the Council are, to
            the extent permitted by law:
                        (1) to coordinate the science and
                    technology policymaking process;
                        (2) to ensure science and technology policy
                    decisions and programs are consistent with the
                    President's stated goals;
                        (3) to help integrate the President's
                    science and technology policy agenda across the
                    Federal Government;
                        (4) to ensure science and technology are
                    considered in development and implementation of
                    Federal policies and programs; and
                        (5) to further international cooperation in
                    science and technology. The Assistant may take
                    such actions, including drafting a Charter, as
                    may be necessary or appropriate to implement
                    such functions.
                (b) All executive departments and agencies, whether
            or not represented on the Council, shall coordinate
            science and technology policy through the Council and
            shall share information on research and development
            budget requests with the Council.
                (c) The Council shall develop for submission to the
            Director of the Office of Management and Budget
            recommendations on research and development budgets
            that reflect national goals. In addition, the Council
            shall provide advice to the Director of the Office of
            Management and Budget concerning the agencies' research
            and development budget submissions.
                (d) The Assistant will, when appropriate, work in
            conjunction with the Assistant to the President for
            Economic Policy, the Assistant to the President for
            Domestic Policy, the Director of the Office of
            Management and Budget, and the National Security
            Adviser.

    Sec. 5. Administration.
                (a) The Council will oversee the duties of the
            Federal Coordinating Council for Science, Engineering,
            and Technology, the National Space Council, and the
            National Critical Materials Council.
                (b) The Council may function through established or
            ad hoc committees, task forces, or interagency groups.
                (c) To the extent practicable and permitted by law,
            executive departments and agencies shall make
            resources, including, but not limited to, personnel,
            office support, and printing, available to the Council
            as requested by the Assistant.
                (d) All executive departments and agencies shall
            cooperate with the Council and provide such assistance,
            information, and advice to the Council as the Council
            may request, to the extent permitted by law.

                             Executive Order 12898

           Economy and Efficiency in Government Procurement Through
            Compliance with Certain Immigration and Nationality Act
          Provisions and Use of an Electronic Employment Eligibility
                              Verification System

                     (As amended by EO 13286 and EO 13465)

    =======================================================================

    Signed:                              February 13, 1996
    Federal Register page and date:      61 FR 6091; February 15, 1996
    Amended by:                          EO 13286, February 28, 2003
                                         EO 13465, June 6, 2008

    =======================================================================

        This order is designed to promote economy and efficiency in
    Federal Government procurement. Stability and dependability are
    important elements of economy and efficiency. A contractor
    whose workforce is less stable will be less likely to produce
    goods and services economically and efficiently than a
    contractor whose workforce is more stable. It is the policy of
    the executive branch to enforce fully the immigration laws of
    the United States, including the detection and removal of
    illegal aliens and the imposition of legal sanctions against
    employers that hire illegal aliens. Because of the worksite
    enforcement policy of the United States and the underlying
    obligation of the executive branch to enforce the immigration
    laws, contractors that employ illegal aliens cannot rely on the
    continuing availability and service of those illegal workers,
    and such contractors inevitably will have a less stable and
    less dependable workforce than contractors that do not employ
    such persons. Where a contractor assigns illegal aliens to work
    on Federal contracts, the enforcement of Federal immigration
    laws imposes a direct risk of disruption, delay, and increased
    expense in Federal contracting. Such contractors are less
    dependable procurement sources, even if they do not knowingly
    hire or knowingly continue to employ unauthorized workers.
            Contractors that adopt rigorous employment eligibility
            confirmation policies are much less likely to face
            immigration enforcement actions, because they are less
            likely to employ unauthorized workers, and they are
            therefore generally more efficient and dependable
            procurement sources than contractors that do not employ
            the best available measures to verify the work
            eligibility of their workforce. It is the policy of the
            executive branch to use an electronic employment
            verification system because, among other reasons, it
            provides the best available means to confirm the
            identity and work eligibility of all employees that
            join the Federal workforce. Private employers that
            choose to contract with the Federal Government should
            meet the same standard.
            I find, therefore, that adherence to the general policy
            of contracting only with providers that do not
            knowingly employ unauthorized alien workers and that
            have agreed to utilize an electronic employment
            verification system designated by the Secretary of
            Homeland Security to confirm the employment eligibility
            of their workforce will promote economy and efficiency
            in Federal procurement.
            Now, Therefore, to ensure the economical and efficient
            administration and completion of Federal Government
            contracts, and by the authority vested in me as
            President by the Constitution and the laws of the
            United States of America, including subsection 121(a)
            of title 40 and section 301 of title 3, United States
            Code, it is hereby ordered as follows:

    Section 1.
                (a) It is the policy of the executive branch in
            procuring goods and services that, to ensure the
            economical and efficient administration and completion
            of Federal Government contracts, contracting agencies
            should not contract with employers that have not
            complied with section 274A(a)(1)(A) and 274A(a)(2) of
            the Immigration and Nationality Act (8 U.S.C.
            1324a(a)(1)(A), 1324a(a)(2)) (the ``INA employment
            provisions'') prohibiting the unlawful employment of
            aliens.
                (b) It is the policy of the executive branch in
            procuring goods and services that, to ensure the
            economical and efficient administration and completion
            of Federal Government contracts, contracting agencies
            may not enter into contracts with employers that do not
            use the best available means to confirm the work
            authorization of their workforce.
                (c) It is the policy of the executive branch to
            enforce fully the antidiscrimination provisions of the
            INA. Nothing in this order relieves employers of
            antidiscrimination obligations under section 274B of
            the INA (8 U.S.C. 1324b) or any other law.
                (d) All discretion under this order shall be
            exercised consistent with the policies set forth in
            this section.

    Sec. 2. Contractor, as used in this Executive order, shall have
    the same meaning as defined in subpart 9.4 of the Federal
    Acquisition Regulation.

    Sec. 3. Using the procedures established pursuant to 8 U.S.C.
    1324a(e):
                (a) the Secretary of Homeland Security may
            investigate to determine whether a contractor or an
            organizational unit thereof is not in compliance with
            the INA employment provisions;
                (b) the Secretary of Homeland Security shall
            receive and may investigate complaints by employees of
            any entity covered under section 3(a) of this order
            where such complaints allege noncompliance with the INA
            employment provisions; and
                (c) the Secretary of Homeland Security or the
            Attorney General shall hold such hearings as are
            required under 8 U.S.C. 1324a(e) to determine whether
            an entity covered under section 3(a) is not in
            compliance with the INA employment provisions.

    Sec. 4.
                (a) Whenever the Secretary of Homeland Security or
            the Attorney General determines that a contractor or an
            organizational unit thereof is not in compliance with
            the INA employment provisions, the Secretary of
            Homeland Security or the Attorney General shall
            transmit that determination to the appropriate
            contracting agency and such other Federal agencies as
            the Secretary of Homeland Security or the Attorney
            General may determine. Upon receipt of such
            determination from the Secretary of Homeland Security
            or the Attorney General, the head of the appropriate
            contracting agency shall consider the contractor or an
            organizational unit thereof for debarment as well as
            for such other action as may be appropriate in
            accordance with the procedures and standards prescribed
            by the Federal Acquisition Regulation.
                (b) The head of the contracting agency may debar
            the contractor or an organizational unit thereof based
            on the determination of the Secretary of Homeland
            Security or the Attorney General that it is not in
            compliance with the INA employment provisions. Such
            determination shall not be reviewable in the debarment
            proceedings.
                (c) The scope of the debarment generally should be
            limited to those organizational units of a Federal
            contractor that the Secretary of Homeland Security or
            the Attorney General finds are not in compliance with
            the INA employment provisions.
                (d) The period of the debarment shall be for 1 year
            and may be extended for additional periods of 1 year
            if, using the procedures established pursuant to 8
            U.S.C. 1324a(e), the Secretary of Homeland Security or
            the Attorney General determines that the organizational
            unit of the Federal contractor continues to be in
            violation of the INA employment provisions.
                (e) The Administrator of General Services shall
            list a debarred contractor or an organizational unit
            thereof on the List of Parties Excluded from Federal
            Procurement and Nonprocurement Programs and the
            contractor or an organizational unit thereof shall be
            ineligible to participate in any procurement or
            nonprocurement activities.

    Sec. 5.
                (a) Executive departments and agencies that enter
            into contracts shall require, as a condition of each
            contract, that the contractor agree to use an
            electronic employment eligibility verification system
            designated by the Secretary of Homeland Security to
            verify the employment eligibility of:
                                (i) all persons hired during the
                            contract term by the contractor to
                            perform employment duties within the
                            United States; and
                            (ii) all persons assigned by the
                            contractor to perform work within the
                            United States on the Federal contract.
                (b) The Secretary of Homeland Security:
                                (i) shall administer, maintain, and
                            modify as necessary and appropriate the
                            electronic employment eligibility
                            verification system designated by the
                            Secretary under subsection (a) of this
                            section; and
                                (ii) may establish with respect to
                            such electronic employment verification
                            system:
                                        (A) terms and conditions
                                    for use of the system; and
                                        (B) procedures for
                                    monitoring the use, failure to
                                    use, or improper use of the
                                    system.
                (c) The Secretary of Defense, the Administrator of
            General Services, and the Administrator of the National
            Aeronautics and Space Administration shall amend the
            Federal Acquisition Regulation to the extent necessary
            and appropriate to implement the debarment
            responsibility, the employment eligibility verification
            responsibility, and other related responsibilities
            assigned to heads of departments and agencies under
            this order.
                (d) Except to the extent otherwise specified by law
            or this order, the Secretary of Homeland Security and
            the Attorney General:
                        (i) shall administer and enforce this
                    order; and
                        (ii) may, after consultation to the extent
                    appropriate with the Secretary of Defense, the
                    Secretary of Labor, the Administrator of
                    General Services, the Administrator of the
                    National Aeronautics and Space Administration,
                    the Administrator for Federal Procurement
                    Policy, and the heads of such other departments
                    or agencies as may be appropriate, issue such
                    rules, regulations, or orders, or establish
                    such requirements, as may be necessary and
                    appropriate to implement this order.

    Sec. 6. Each contracting department and agency shall cooperate
    with and provide such information and assistance to the
    Secretary of Homeland Security and the Attorney General as may
    be required in the performance of their respective functions
    under this order.

    Sec. 7. The Secretary of Homeland Security, the Attorney
    General, the Secretary of Defense, the Administrator of General
    Services, the Administrator of the National Aeronautics and
    Space Administration, and the heads of contracting departments
    and agencies may delegate any of their functions or duties
    under this order to any officer or employee of their respective
    departments or agencies.

    Sec. 8.
                (a) This order shall be implemented in a manner
            intended to minimize the burden on participants in the
            Federal procurement process.
                (b) This order shall be implemented in a manner
            consistent with the protection of intelligence and law
            enforcement sources, methods, and activities from
            unauthorized disclosure.

    Sec. 9.
                (a) Nothing in this order shall be construed to
            impair or otherwise affect:
                    (i) authority granted by law to a department or
                    agency or the head thereof; or
                    (ii) functions of the Director of the Office of
                    Management and Budget relating to budget,
                    administrative, or legislative proposals.
                (b) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations.
                (c) This order is not intended to, and does not,
            create any right or benefit, substantive or procedural,
            enforceable at law or in equity, by any party against
            the United States, its departments, agencies or
            entities, its officers, employees, or agents, or any
            other person.

                             Executive Order 12906

           Coordinating Geographic Data Acquisition and Access: The
                      National Spatial Data Infrastructure

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              April 11, 1994
    Federal Register page and date:      59 FR 17671; April 13, 1994
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        Geographic information is critical to promote economic
    development, improve our stewardship of natural resources, and
    protect the environment. Modern technology now permits improved
    acquisition, distribution, and utilization of geographic (or
    geospatial) data and mapping. The National Performance Review
    has recommended that the executive branch develop, in
    cooperation with State, local, and tribal governments, and the
    private sector, a coordinated National Spatial Data
    Infrastructure to support public and private sector
    applications of geospatial data in such areas as
    transportation, community development, agriculture, emergency
    response, environmental management, and information technology.
        NOW, THEREFORE, by the authority vested in me as President
    by the Constitution and the laws of the United States of
    America; and to implement the recommendations of the National
    Performance Review; to advance the goals of the National
    Information Infrastructure; and to avoid wasteful duplication
    of effort and promote effective and economical management of
    resources by Federal, State, local, and tribal governments, it
    is ordered as follows:

    Section 1. Definitions.
                (a) ``National Spatial Data Infrastructure''
            (``NSDI'') means the technology, policies, standards,
            and human resources necessary to acquire, process,
            store, distribute, and improve utilization of
            geospatial data.
                (b) ``Geospatial data'' means information that
            identifies the geographic location and characteristics
            of natural or constructed features and boundaries on
            the earth. This information may be derived from, among
            other things, remote sensing, mapping, and surveying
            technologies. Statistical data may be included in this
            definition at the discretion of the collecting agency.
                (c) The ``National Geospatial Data Clearinghouse''
            means a distributed network of geospatial data
            producers, managers, and users linked electronically.

    Sec. 2. Executive Branch Leadership for Development of the
    Coordinated National Spatial Data Infrastructure.
                (a) The Federal Geographic Data Committee
            (``FGDC''), established by the Office of Management and
            Budget (``OMB'') Circular No. A-16 (``Coordination of
            Surveying, Mapping, and Related Spatial Data
            Activities'') and chaired by the Secretary of the
            Department of the Interior (``Secretary'') or the
            Secretary's designee, shall coordinate the Federal
            Government's development of the NSDI.
                (b) Each member agency shall ensure that its
            representative on the FGDC holds a policy-level
            position.
                (c) Executive branch departments and agencies
            (``agencies'') that have an interest in the development
            of the NSDI are encouraged to join the FGDC.
                (d) This Executive order is intended to strengthen
            and enhance the general policies described in OMB
            Circular No. A-16. Each agency shall meet its
            respective responsibilities under OMB Circular No. A-
            16.
                (e) The FGDC shall seek to involve State, local,
            and tribal governments in the development and
            implementation of the initiatives contained in this
            order. The FGDC shall utilize the expertise of
            academia, the private sector, professional societies,
            and others as necessary to aid in the development and
            implementation of the objectives of this order.

    Sec. 3. Development of a National Geospatial Data
    Clearinghouse.
                (a) Establishing a National Geospatial Data
            Clearinghouse. The Secretary, through the FGDC, and in
            consultation with, as appropriate, State, local, and
            tribal governments and other affected parties, shall
            take steps within 6 months of the date of this order,
            to establish an electronic National Geospatial Data
            Clearinghouse (``Clearinghouse'') for the NSDI. The
            Clearinghouse shall be compatible with the National
            Information Infrastructure to enable integration with
            that effort.
                (b) Standardized Documentation of Data. Beginning 9
            months from the date of this order, each agency shall
            document all new geospatial data it collects or
            produces, either directly or indirectly, using the
            standard under development by the FGDC, and make that
            standardized documentation electronically accessible to
            the Clearinghouse network. Within 1 year of the date of
            this order, agencies shall adopt a schedule, developed
            in consultation with the FGDC, for documenting, to the
            extent practicable, geospatial data previously
            collected or produced, either directly or indirectly,
            and making that data documentation electronically
            accessible to the Clearinghouse network.
                (c) Public Access to Geospatial Data. Within 1 year
            of the date of this order, each agency shall adopt a
            plan, in consultation with the FGDC, establishing
            procedures to make geospatial data available to the
            public, to the extent permitted by law, current
            policies, and relevant OMB circulars, including OMB
            Circular No. A-130 (``Management of Federal Information
            Resources'') and any implementing bulletins.
                (d) Agency Utilization of the Clearinghouse. Within
            1 year of the date of this order, each agency shall
            adopt internal procedures to ensure that the agency
            accesses the Clearinghouse before it expends Federal
            funds to collect or produce new geospatial data, to
            determine whether the information has already been
            collected by others, or whether cooperative efforts to
            obtain the data are possible.
                (e) Funding. The Department of the Interior shall
            provide funding for the Clearinghouse to cover the
            initial prototype testing, standards development, and
            monitoring of the performance of the Clearinghouse.
            Agencies shall continue to fund their respective
            programs that collect and produce geospatial data; such
            data is then to be made part of the Clearinghouse for
            wider accessibility.

    Sec. 4. Data Standards Activities.
                (a) General FGDC Responsibility. The FGDC shall
            develop standards for implementing the NSDI, in
            consultation and cooperation with State, local, and
            tribal governments, the private and academic sectors,
            and, to the extent feasible, the international
            community, consistent with OMB Circular No. A-119
            (``Federal Participation in the Development and Use of
            Voluntary Standards''), and other applicable law and
            policies.
                (b) Standards for Which Agencies Have Specific
            Responsibilities. Agencies assigned responsibilities
            for data categories by OMB Circular No. A-16 shall
            develop, through the FGDC, standards for those data
            categories, so as to ensure that the data produced by
            all agencies are compatible.
                (c) Other Standards. The FGDC may from time to time
            identify and develop, through its member agencies, and
            to the extent permitted by law, other standards
            necessary to achieve the objectives of this order. The
            FGDC will promote the use of such standards and, as
            appropriate, such standards shall be submitted to the
            Department of Commerce for consideration as Federal
            Information Processing Standards. Those standards shall
            apply to geospatial data as defined in section 1 of
            this order.
                (d) Agency Adherence to Standards. Federal agencies
            collecting or producing geospatial data, either
            directly or indirectly (e.g. through grants,
            partnerships, or contracts with other entities), shall
            ensure, prior to obligating funds for such activities,
            that data will be collected in a manner that meets all
            relevant standards adopted through the FGDC process.

    Sec. 5. National Digital Geospatial Data Framework.
        In consultation with State, local, and tribal governments
    and within 9 months of the date of this order, the FGDC shall
    submit a plan and schedule to OMB for completing the initial
    implementation of a national digital geospatial data framework
    (``framework'') by January 2000 and for establishing a process
    of ongoing data maintenance. The framework shall include
    geospatial data that are significant, in the determination of
    the FGDC, to a broad variety of users within any geographic
    area or nationwide. At a minimum, the plan shall address how
    the initial transportation, hydrology, and boundary elements of
    the framework might be completed by January 1998 in order to
    support the decennial census of 2000.

    Sec. 6. Partnerships for Data Acquisition.
        The Secretary, under the auspices of the FGDC, and within 9
    months of the date of this order, shall develop, to the extent
    permitted by law, strategies for maximizing cooperative
    participatory efforts with State, local, and tribal
    governments, the private sector, and other nonfederal
    organizations to share costs and improve efficiencies of
    acquiring geospatial data consistent with this order.

    Sec. 7. Scope.
                (a) For the purposes of this order, the term
            ``agency'' shall have the same meaning as the term
            ``Executive agency'' in 5 U.S.C. 105, and shall include
            the military departments and components of the
            Department of Defense.
                (b) The following activities are exempt from
            compliance with this order:
                        (i) national security-related activities of
                    the Department of Defense as determined by the
                    Secretary of Defense;
                        (ii) national defense-related activities of
                    the Department of Energy as determined by the
                    Secretary of Energy;
                        (iii) intelligence activities as determined
                    by the Director of Central Intelligence; and
                        (iv) the national security=related
                    activities of the Department of Homeland
                    Security as determined by the Secretary of
                    Homeland Security.
                (c) The NSDI may involve the mapping, charting, and
            geodesy activities of the Department of Defense
            relating to foreign areas, as determined by the
            Secretary of Defense.
                (d) This order does not impose any requirements on
            tribal governments.
                (e) Nothing in the order shall be construed to
            contravene the development of Federal Information
            Processing Standards and Guidelines adopted and
            promulgated under the provisions of section 111(d) of
            the Federal Property and Administrative Services Act of
            1949, as amended by the Computer Security Act of 1987
            (Public Law 100-235), or any other United States law,
            regulation, or international agreement.

    Sec. 8. Judicial Review.
        This order is intended only to improve the internal
    management of the executive branch and is not intended to, and
    does not, create any right to administrative or judicial
    review, or any other right or benefit or trust responsibility,
    substantive or procedural, enforceable by a party against the
    United States, its agencies or instrumentalities, its officers
    or employees, or any other person.

                             Executive Order 12919

               National Defense Industrial Resources Preparedness

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              June 3, 1994
    Federal Register page and date:      59 FR 29525; June 7, 1994
    Amends:                              EO 10789, November 14, 1958
                                         EO 11790, June 25, 1974
    Amended by:                          EO 13286, February 28, 2003
    Revoked in part by:                  EO 13456, January 23, 2008

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Defense Production Act of 1950, as amended (64
    Stat. 798; 50 U.S.C. App. 2061, et seq.), and section 301 of
    title 3, United States Code, and as Commander in Chief of the
    Armed Forces of the United States, it is hereby ordered as
    follows:

                   PART I-PURPOSE, POLICY AND IMPLEMENTATION

    Section 101. Purpose.
        This order delegates authorities and addresses national
    defense industrial resource policies and programs under the
    Defense Production Act of 1950, as amended (``the Act''),
    except for the amendments to Title III of the Act in the Energy
    Security Act of 1980 and telecommunication authorities under
    Executive Order No. 12472.

    Sec. 102. Policy.
        The United States must have an industrial and technology
    base capable of meeting national defense requirements, and
    capable of contributing to the technological superiority of its
    defense equipment in peacetime and in times of national
    emergency. The domestic industrial and technological base is
    the foundation for national defense preparedness. The
    authorities provided in the Act shall be used to strengthen
    this base and to ensure it is capable of responding to all
    threats to the national security of the United States.

    Sec. 103. General Functions.
        Federal departments and agencies responsible for defense
    acquisition (or for industrial resources needed to support
    defense acquisition) shall:
                (a) Identify requirements for the full spectrum of
            national security emergencies, including military,
            industrial, and essential civilian demand;
                (b) Assess continually the capability of the
            domestic industrial and technological base to satisfy
            requirements in peacetime and times of national
            emergency, specifically evaluating the availability of
            adequate industrial resource and production sources,
            including subcontractors and suppliers, materials,
            skilled labor, and professional and technical
            personnel;
                (c) Be prepared, in the event of a potential threat
            to the security of the United States, to take actions
            necessary to ensure the availability of adequate
            industrial resources and production capability,
            including services and critical technology for national
            defense requirements;
                (d) Improve the efficiency and responsiveness, to
            defense requirements, of the domestic industrial base;
            and
                (e) Foster cooperation between the defense and
            commercial sectors for research and development and for
            acquisition of materials, components, and equipment to
            enhance industrial base efficiency and responsiveness.

    Sec. 104. Implementation.
                (a) The National Security Council is the principal
            forum for consideration and resolution of national
            security resource preparedness policy.
                (b) The Secretary of Homeland Security (``the
            Secretary'') shall:
                        (1) Serve as an advisor to the National
                    Security Council on issues of national security
                    resource preparedness and on the use of the
                    authorities and functions delegated by this
                    order;
                        (2) Provide for the central coordination of
                    the plans and programs incident to authorities
                    and functions delegated under this order, and
                    provide guidance and procedures approved by the
                    Assistant to the President for National
                    Security Affairs to the Federal departments and
                    agencies under this order;
                        (3) Establish procedures, in consultation
                    with Federal departments and agencies assigned
                    functions under this order, to resolve in a
                    timely and effective manner conflicts and
                    issues that may arise in implementing the
                    authorities and functions delegated under this
                    order; and
                        (4) Report to the President periodically
                    concerning all program activities conducted
                    pursuant to this order.
                (c) The head of every Federal department and agency
            assigned functions under this order shall ensure that
            the performance of these functions is consistent with
            National Security Council policy and guidelines.

                       PART II-PRIORITIES AND ALLOCATIONS

    Sec. 201. Delegations of Priorities and Allocations.
                (a) The authority of the President conferred by
            section 101 of the Act to require acceptance and
            priority performance of contracts or orders (other than
            contracts of employment) to promote the national
            defense over performance of any other contracts or
            orders, and to allocate materials, services, and
            facilities as deemed necessary or appropriate to
            promote the national defense, is delegated to the
            following agency heads:
                        (1) The Secretary of Agriculture with
                    respect to food resources, food resource
                    facilities, and the domestic distribution of
                    farm equipment and commercial fertilizer;
                        (2) The Secretary of Energy with respect to
                    all forms of energy;
                        (3) The Secretary of Health and Human
                    Services with respect to health resources;
                        (4) The Secretary of Transportation with
                    respect to all forms of civil transportation;
                        (5) The Secretary of Defense with respect
                    to water resources; and
                        (6) The Secretary of Commerce for all other
                    materials, services, and facilities, including
                    construction materials.
                (b) The Secretary of Commerce, in consultation with
            the heads of those departments and agencies specified
            in subsection 201(a) of this order, shall administer
            the Defense Priorities and Allocations System
            (``DPAS'') regulations that will be used to implement
            the authority of the President conferred by section 101
            of the Act as delegated to the Secretary of Commerce in
            subsection 201(a)(6) of this order. The Secretary of
            Commerce will redelegate to the Secretary of Defense,
            and the heads of other departments and agencies as
            appropriate, authority for the priority rating of
            contracts and orders for all materials, services, and
            facilities needed in support of programs approved under
            section 202 of this order. The Secretary of Commerce
            shall act as appropriate upon Special Priorities
            Assistance requests in a time frame consistent with the
            urgency of the need at hand.
                (c) The Secretary, shall attempt to resolve issues
            or disagreements on priorities or allocations between
            Federal departments or agencies in a time frame
            consistent with the urgency of the issue at hand and,
            if not resolved, such issues will be referred to the
            Assistant to the President for National Security
            Affairs for final determination.
                (d) The head of each Federal department or agency
            assigned functions under subsection 201(a) of this
            order, when necessary, shall make the finding required
            under subsection 101(b) of the Act. This finding shall
            be submitted for the President's approval through the
            Assistant to the President for National Security
            Affairs. Upon such approval the head of the Federal
            department or agency that made the finding may use the
            authority of subsection 101(a) of the Act to control
            the general distribution of any material (including
            applicable services) in the civilian market.
                (e) The Assistant to the President for National
            Security Affairs is hereby delegated the authority
            under subsection 101(c)(3) of the Act, and will be
            assisted by the Director, FEMA, in ensuring the
            coordinated administration of the Act.

    Sec. 202. Determinations. The authority delegated by section
    201 of this order may be used only to support programs that
    have been determined in writing as necessary or appropriate to
    promote the national defense:
                (a) By the Secretary of Defense with respect to
            military production and construction, military
            assistance to foreign nations, stockpiling, outer
            space, and directly related activities;
                (b) By the Secretary of Energy with respect to
            energy production and construction, distribution and
            use, and directly related activities; and (c) By the
            Director, FEMA, with respect to essential civilian
            needs supporting national defense, including civil
            defense and continuity of government and directly
            related activities.

    Sec. 203. Maximizing Domestic Energy Supplies. The authority of
    the President to perform the functions provided by subsection
    101(c) of the Act is delegated to the Secretary of Commerce,
    who shall redelegate to the Secretary of Energy the authority
    to make the findings described in subsection 101(c)(2)(A) that
    the materials (including equipment), services, and facilities
    are critical and essential. The Secretary of Commerce shall
    make the finding described in subsection 101(c)(2)(A) of the
    Act that the materials (including equipment), services, or
    facilities are scarce, and the finding described in subsection
    101(c)(2)(B) that it is necessary to use the authority provided
    by subsection 101(c)(1).

    Sec. 204. Chemical and Biological Warfare. The authority of the
    President conferred by subsection 104(b) of the Act is
    delegated to the Secretary of Defense. This authority may not
    be further delegated by the Secretary.

              PART III-EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

    Sec. 301.
                (a) Financing Institution Guarantees. To expedite
            or expand production and deliveries or services under
            government contracts for the procurement of industrial
            resources or critical technology items essential to the
            national defense, the head of each Federal department
            or agency engaged in procurement for the national
            defense (referred to as ``agency head'' in this part)
            and the President and Chairman of the Export-Import
            Bank of the United States (in cases involving capacity
            expansion, technological development, or production in
            foreign countries) are authorized to guarantee in whole
            or in part any public or private financing institution,
            subject to provisions of section 301 of the Act.
            Guarantees shall be made in consultation with the
            Department of the Treasury as to the terms and
            conditions thereof. The Director of the Office of
            Management and Budget (``OMB'') shall be informed when
            such guarantees are to be made.
                (b) Direct Loan Guarantees. To expedite or expand
            production and deliveries or services under government
            contracts for the procurement of industrial resources
            or critical technology items essential to the national
            defense, each agency head is authorized to make direct
            loan guarantees from funds appropriated to their agency
            for Title III.
                (c) Fiscal Agent. Each Federal Reserve Bank is
            designated and authorized to act, on behalf of any
            guaranteeing agency, as fiscal agent in the making of
            guarantee contracts and in otherwise carrying out the
            purposes of section 301 of the Act.
                (d) Regulations. The Board of Governors of the
            Federal Reserve System is authorized, after
            consultation with heads of guaranteeing departments and
            agencies, the Secretary of the Treasury, and the
            Director, OMB, to prescribe regulations governing
            procedures, forms, rates of interest, and fees for such
            guarantee contracts.

    Sec. 302. Loans.
                (a) To expedite production and deliveries or
            services to aid in carrying out government contracts
            for the procurement of industrial resources or a
            critical technology item for the national defense, an
            agency head is authorized, subject to the provisions of
            section 302 of the Act, to submit to the Secretary of
            the Treasury or the President and Chairman of the
            Export-Import Bank of the United States (in cases
            involving capacity expansion, technological
            development, or production in foreign countries)
            applications for loans.
                (b) To expedite or expand production and deliveries
            or services under government contracts for the
            procurement of industrial resources or critical
            technology items essential to the national defense,
            each agency head may make direct loans from funds
            appropriated to their agency for Title III.
                (c) After receiving a loan application and
            determining that financial assistance is not otherwise
            available on reasonable terms, the Secretary of the
            Treasury or the President and Chairman of the Export-
            Import Bank of the United States (in cases involving
            capacity expansion, technological development, or
            production in foreign countries) may make loans,
            subject to provisions of section 302 of the Act.

    Sec. 303. Purchase Commitments.
                (a) In order to carry out the objectives of the
            Act, and subject to the provisions of section 303
            thereof, an agency head is authorized to make provision
            for purchases of, or commitments to purchase, an
            industrial resource or a critical technology item for
            government use or resale.
                (b) Materials acquired under section 303 of the Act
            that exceed the needs of the programs under the Act may
            be transferred to the National Defense Stockpile, if
            such transfer is determined by the Secretary of Defense
            as the National Defense Stockpile Manager to be in the
            public interest.

    Sec. 304. Subsidy Payments. In order to ensure the supply of
    raw or nonprocessed materials from high-cost sources, an agency
    head is authorized to make subsidy payments, after consultation
    with the Secretary of the Treasury and the Director, OMB, and
    subject to the provisions of section 303(c) of the Act.

    Sec. 305. Determinations and Findings. When carrying out the
    authorities in sections 301 through 303 of this order, an
    agency head is authorized to make the required determinations,
    judgments, statements, certifications, and findings, in
    consultation with the Secretary of Defense, Secretary of Energy
    or Director, FEMA, as appropriate. The agency head shall
    provide a copy of the determination, judgment, statement,
    certification, or finding to the Director, OMB, to the
    Director, FEMA, and, when appropriate, to the Secretary of the
    Treasury.

    Sec. 306. Strategic and Critical Materials.
                (a) The Secretary of the Interior, in consultation
            with the Secretary of Defense as the National Defense
            Stockpile Manager and subject to the provisions of
            section 303 of the Act, is authorized to encourage the
            exploration, development, and mining of critical and
            strategic materials and other materials.
                (b) An agency head is authorized, pursuant to
            section 303(g) of the Act, to make provision for the
            development of substitutes for strategic and critical
            materials, critical components, critical technology
            items, and other industrial resources to aid the
            national defense.
                (c) An agency head is authorized, pursuant to
            section 303(a)(1)(B) of the Act, to make provisions to
            encourage the exploration, development, and mining of
            critical and strategic materials and other materials.

    Sec. 307. Government-owned Equipment. An agency head is
    authorized, pursuant to section 303(e) of the Act, to install
    additional equipment, facilities, processes, or improvements to
    facilities owned by the government and to install government-
    owned equipment in industrial facilities owned by private
    persons.

    Sec. 308. Identification of Shortfalls. Except during periods
    of national emergency or after a Presidential determination in
    accordance with sections 301(e)(1)(D)(ii), 302(c)(4)(B), or
    303(a)(7)(B) of the Act, no guarantee, loan or other action
    pursuant to sections 301, 302, and 303 of the Act to correct an
    industrial shortfall shall be taken unless the shortfall has
    been identified in the Budget of the United States or
    amendments thereto.

    Sec. 309. Defense Production Act Fund Manager. The Secretary of
    Defense is designated the Defense Production Act Fund Manager,
    in accordance with section 304(f) of the Act, and shall carry
    out the duties specified in that section, in consultation with
    the agency heads having approved Title III projects and
    appropriated Title III funds.

    Sec. 310. Critical Items List.
                (a) Pursuant to section 107(b)(1)(A) of the Act,
            the Secretary of Defense shall identify critical
            components and critical technology items for each item
            on the Critical Items List of the Commandersin-Chief of
            the Unified and Specified Commands and other items
            within the inventory of weapon systems and defense
            equipment.
                (b) Each agency head shall take appropriate action
            to ensure that critical components or critical
            technology items are available from reliable sources
            when needed to meet defense requirements during
            peacetime, graduated mobilization, and national
            emergency. ``Appropriate action'' may include
            restricting contract solicitations to reliable sources,
            estricting contract solicitations to domestic sources
            (pursuant to statutory authority), stockpiling critical
            components, and developing substitutes for critical
            components or critical technology items.

    Sec. 311. Strengthening Domestic Capability. An agency head, in
    accordance with section 107(a) of the Act, may utilize the
    authority of Title III of the Act or any other provision of
    law, in consultation with the Secretary of Defense, to provide
    appropriate incentives to develop, maintain, modernize, and
    expand the productive capacities of domestic sources for
    critical components, critical technology items, and industrial
    resources essential for the execution of the national security
    strategy of the United States.

    Sec. 312. Modernization of Equipment. An agency head, in
    accordance with section 108(b) of the Act, may utilize the
    authority of Title III of the Act to guarantee the purchase or
    lease of advance manufacturing equipment and any related
    services with respect to any such equipment for purposes of the
    Act.

                           PART IV-IMPACT OF OFFSETS

    Sec. 401. Offsets.
                (a) The responsibilities and authority conferred
            upon the President by section 309 of the Act with
            respect to offsets are delegated to the Secretary of
            Commerce, who shall function as the President's
            Executive Agent for carrying out this authority.
                (b) The Secretary of Commerce shall prepare the
            annual report required by section 309(a) of the Act in
            consultation with the Secretaries of Defense, Treasury,
            Labor, State, the United States Trade Representative,
            the Arms Control and Disarmament Agency, the Director
            of Central Intelligence, and the heads of other
            departments and agencies as required. The heads of
            Federal departments and agencies shall provide the
            Secretary of Commerce with such information as may be
            necessary for the effective performance of this
            function.
                (c) The offset report shall be subject to the
            normal interagency clearance process conducted by the
            Director, OMB, prior to the report's submission by the
            President to Congress.

              PART V-VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

    Sec. 501. Appointments. The authority of the President under
    sections 708(c) and (d) of the Act is delegated to the heads of
    each Federal department or agency, except that, insofar as that
    authority relates to section 101 of the Act, it is delegated
    only to the heads of each Federal department or agency assigned
    functions under section 201(a) of this order. The authority
    delegated under this section shall be exercised pursuant to the
    provisions of section 708 of the Act, and copies and the status
    of the use of such delegations shall be furnished to the
    Director, FEMA.

    Sec. 502. Advisory Committees. The authority of the President
    under section 708(d) of the Act and delegated in section 501 of
    this order (relating to establishment of advisory committees)
    shall be exercised only after consultation with, and in
    accordance with, guidelines and procedures established by the
    Administrator of General Services.

                        PART VI-EMPLOYMENT OF PERSONNEL

    Sec. 601. National Defense Executive Reserve.
                (a) In accordance with section 710(e) of the Act,
            there is established in the Executive Branch a National
            Defense Executive Reserve (``NDER'') composed of
            persons of recognized expertise from various segments
            of the private sector and from government (except full-
            time federal employees) for training for employment in
            executive positions in the Federal Government in the
            event of an emergency that requires such employment.
                (b) The head of any department or agency may
            establish a unit of the NDER in the department or
            agency and train members of that unit.
                (c) The head of each department or agency with an
            NDER unit is authorized to exercise the President's
            authority to employ civilian personnel in accordance
            with section 703(a) of the Act when activating all or a
            part of its NDER unit. The exercise of this authority
            shall be subject to the provisions of subsections
            601(d) and (e) of this order and shall not be
            redelegated.
                (d) The head of a department or agency may activate
            an NDER unit, in whole or in part, upon the written
            determination that an emergency affecting the national
            security or defense preparedness of the United States
            exists and that the activation of the unit is necessary
            to carry out the emergency program functions of the
            department or agency.
                (e) At least 72 hours prior to activating the NDER
            unit, the head of the department or agency shall
            notify, in writing, the Assistant to the President for
            National Security Affairs of the impending activation
            and provide a copy of the determination required under
            subsection 601(d) of this order.
                (f) The Secretary shall coordinate the NDER program
            activities of departments and agencies in establishing
            units of the Reserve; provide for appropriate guidance
            for recruitment, training, and activation; and issue
            necessary rules and guidance in connection with the
            program.
                (g) This order suspends any delegated authority,
            regulation, or other requirement or condition with
            respect to the activation of any NDER unit, in whole or
            in part, or appointment of any NDER member that is
            inconsistent with the authorities delegated herein,
            provided that the aforesaid suspension applies only as
            long as sections 703(a) and 710(e) of the Act are in
            effect.

    Sec. 602. Consultants. The head of each department or agency
    assigned functions under this order is delegated authority
    under sections 710(b) and (c) of the Act to employ persons of
    outstanding experience and ability without compensation and to
    employ experts, consultants, or organizations. The authority
    delegated by this section shall not be redelegated.

                             PART VII-LABOR SUPPLY

    Sec. 701. Secretary of Labor. The Secretary of Labor,
    identified in this section as the Secretary, shall:
                (a) Collect, analyze, and maintain data needed to
            make a continuing appraisal of the nation's labor
            requirements and the supply of workers for purposes of
            national defense. All agencies of the government shall
            cooperate with the Secretary in furnishing information
            necessary for this purpose, to the extent permitted by
            law;
                (b) In response to requests from the head of a
            Federal department or agency engaged in the procurement
            for national defense, consult with and advise that
            department or agency with respect to
                        (1) the effect of contemplated actions on
                    labor supply and utilization,
                        (2) the relation of labor supply to
                    materials and facilities requirements, and
                        (3) such other matters as will assist in
                    making the exercise of priority and allocations
                    functions consistent with effective utilization
                    and distribution of labor;
                (c) Formulate plans, programs, and policies for
            meeting defense and essential civilian labor
            requirements;
                (d) Project skill shortages to facilitate meeting
            defense and essential civilian needs and establish
            training programs;
                (e) Determine the occupations and skills critical
            to meeting the labor requirements of defense and
            essential civilian activities and, with the assistance
            of the Secretary of Defense, the Director of Selective
            Service, and such other persons as the Director, FEMA,
            may designate, develop policies regulating the
            induction and deferment of personnel for the armed
            services, except for civilian personnel in the
            reserves; and
                (f) Administer an effective labor-management
            relations policy to support the activities and programs
            under this order with the cooperation of other Federal
            agencies, including the National Labor Relations Board
            and the Federal Mediation and Conciliation Service.

           PART VIII-DEFENSE INDUSTRIAL BASE INFORMATION AND REPORTS

    [REVOKED

    Sec. 801. Foreign Acquisition of Companies. The Secretary of
    the Treasury, in cooperation with the Department of State, the
    Department of Defense, the Department of Commerce, the
    Department of Energy, the Department of Agriculture, the
    Attorney General, the Department of Homeland Security, and the
    Director of Central Intelligence, shall complete and furnish a
    report to the President and then to Congress in accordance with
    the requirements of section 721(k) of the Act concerning
    foreign efforts to acquire United States companies involved in
    research, development, or production of critical technologies
    and industrial espionage activities directed by foreign
    governments against private U.S. companies.]

    Sec. 802. Defense Industrial Base Information System.
                (a) The Secretary of Defense and the heads of other
            appropriate Federal departments and agencies, as
            determined by the Secretary of Defense, shall establish
            an information system on the domestic defense
            industrial base in accordance with the requirements of
            section 722 of the Act.
                (b) In establishing the information system required
            by subsection (a) of this order, the Secretary of
            Defense, the Secretary of Commerce, and the heads of
            other appropriate Federal departments and agencies, as
            determined by the Secretary of Defense in consultation
            with the Secretary of Commerce, shall consult with each
            other for the purposes of performing the duties listed
            in section 722(d)(1) of the Act.
                (c) The Secretary of Defense shall convene a task
            force consisting of the Secretary of Commerce and the
            Secretary of each military department and the heads of
            other appropriate Federal departments and agencies, as
            determined by the Secretary of Defense in consultation
            with the Secretary of Commerce, to carry out the duties
            under section 722(d)(2) of the Act.
                (d) The Secretary of Defense shall report to
            Congress on a strategic plan for developing a cost-
            effective, comprehensive information system capable of
            identifying on a timely, ongoing basis vulnerability in
            critical components and critical technology items. The
            plans shall include an assessment of the performance
            and cost-effectiveness of procedures specified in
            section 722(b) of the Act.
                (e) The Secretary of Commerce, acting through the
            Bureau of the Census, shall consult with the Secretary
            of Defense and the Director, FEMA, to improve the
            usefulness of information derived from the Census of
            Manufacturers in carrying out section 722 of the Act.
                (f) The Secretary of Defense shall perform an
            analysis of the production base for not more than two
            major weapons systems of each military department in
            establishing the information system under section 722
            of the Act. Each analysis shall identify the critical
            components of each system.
                (g) The Secretary of Defense, in consultation with
            the Secretary of Commerce, and the heads of other
            Federal departments and agencies as appropriate, shall
            issue a biennial report on critical components and
            technology in accordance with section 722(e) of the
            Act.

                           PART IX-GENERAL PROVISIONS

    Sec. 901. Definitions.
        In addition to the definitions in section 702 of the Act,
    the following definitions apply throughout this order:
                (a) ``Civil transportation'' includes movement of
            persons and property by all modes of transportation in
            interstate, intrastate, or foreign commerce within the
            United States, its territories and possessions, and the
            District of Columbia, and, without limitation, related
            public storage and warehousing, ports, services,
            equipment and facilities, such as transportation
            carrier shop and repair facilities. However, ``civil
            transportation'' shall not include transportation owned
            or controlled by the Department of Defense, use of
            petroleum and gas pipelines, and coal slurry pipelines
            used only to supply energy production facilities
            directly. As applied herein, ``civil transportation''
            shall include direction, control, and coordination of
            civil transportation capacity regardless of ownership.
                (b) ``Energy'' means all forms of energy including
            petroleum, gas (both natural and manufactured),
            electricity, solid fuels (including all forms of coal,
            coke, coal chemicals, coal liquification, and coal
            gasification), and atomic energy, and the production,
            conservation, use, control, and distribution (including
            pipelines) of all of these forms of energy.
                (c) ``Farm equipment'' means equipment, machinery,
            and repair parts manufactured for use on farms in
            connection with the production or preparation for
            market use of food resources.
                (d) ``Fertilizer'' means any product or combination
            of products that contain one or more of the elements-
            nitrogen, phosphorus, and potassium-for use as a plant
            nutrient.
                (e) ``Food resources'' means all commodities and
            products, simple, mixed, or compound, or complements to
            such commodities or products, that are capable of being
            ingested by either human beings or animals,
            irrespective of other uses to which such commodities or
            products may be put, at all stages of processing from
            the raw commodity to the products thereof in vendible
            form for human or animal consumption. ``Food
            resources'' also means all starches, sugars, vegetable
            and animal or marine fats and oils, cotton, tobacco,
            wool, mohair, hemp, flax fiber, and naval stores, but
            does not mean any such material after it loses its
            identity as an agricultural commodity or agricultural
            product.
                (f) ``Food resource facilities'' means plants,
            machinery, vehicles (including on-farm), and other
            facilities required for the production, processing,
            distribution, and storage (including cold storage) of
            food resources, livestock and poultry feed and seed,
            and for the domestic distribution of farm equipment and
            fertilizer (excluding transportation thereof).
                (g) ``Functions'' include powers, duties,
            authority, responsibilities, and discretion.
                (h) ``Head of each Federal department or agency
            engaged in procurement for the national defense'' means
            the heads of the Departments of Defense, Energy, and
            Commerce, as well as those departments and agencies
            listed in Executive Order No. 10789.
                (i) ``Heads of other appropriate Federal
            departments and agencies'' as used in part VIII of this
            order means the heads of such other Federal agencies
            and departments that acquire information or need
            information with respect to making any determination to
            exercise any authority under the Act.
                (j) ``Health resources'' means materials,
            facilities, health supplies, and equipment (including
            pharmaceutical, blood collecting and dispensing
            supplies, biological, surgical textiles, and emergency
            surgical instruments and supplies) required to prevent
            the impairment of, improve, or restore the physical and
            mental health conditions of the population.
                (k) ``Metals and minerals'' means all raw materials
            of mineral origin (excluding energy) including their
            refining, smelting, or processing, but excluding their
            fabrication.
                (l) ``Strategic and Critical Materials'' means
            materials (including energy) that
                        (1) would be needed to supply the military,
                    industrial, and essential civilian needs of the
                    United States during a national security
                    emergency, and
                        (2) are not found or produced in the United
                    States in sufficient quantities to meet such
                    need and are vulnerable to the termination or
                    reduction of the availability of the material.
                ((m) ``Water resources'' means all usable water,
            from all sources, within the jurisdiction of the United
            States, which can be managed, controlled, and allocated
            to meet emergency requirements.

    Sec. 902. General.
                ((a) Except as otherwise provided in subsection
            902(c) of this order, the authorities vested in the
            President by title VII of the Act may be exercised and
            performed by the head of each department and agency in
            carrying out the delegated authorities under the Act
            and this order.
                ((b) The authorities which may be exercised and
            performed pursuant to subsection 902(a) of this order
            shall include
                        (1) the power to redelegate authorities,
                    and to authorize the successive redelegation of
                    authorities, to departments and agencies,
                    officers, and employees of the government, and
                        (2) the power of subpoena with respect to
                    authorities delegated in parts II, III, and IV
                    of this order, provided that the subpoena power
                    shall be utilized only after the scope and
                    purpose of the investigation, inspection, or
                    inquiry to which the subpoena relates have been
                    defined either by the appropriate officer
                    identified in subsection 902(a) of this order
                    or by such other person or persons as the
                    officer shall designate.
                ((c) Excluded from the authorities delegated by
            subsection 902(a) of this order are authorities
            delegated by parts V, VI, and VIII of this order and
            the authority with respect to fixing compensation under
            section 703(a) of the Act.

    Sec. 903. Authority.
        All previously issued orders, regulations, rulings,
    certificates, directives, and other actions relating to any
    function affected by this order shall remain in effect except
    as they are inconsistent with this order or are subsequently
    amended or revoked under proper authority. Nothing in this
    order shall affect the validity or force of anything done under
    previous delegations or other assignment of authority under the
    Act.

    Sec. 904. Effect on other Orders.
                ((a) The following are superseded or revoked:
                        (1) Section 3, Executive Order No. 8248 of
                    September 8, 1939, (4 FR 3864).
                        (2) Executive Order No. 10222 of March 8,
                    1951 (16 FR 2247).
                        (3) Executive Order No. 10480 of August 14,
                    1953 (18 FR 4939).
                        (4) Executive Order No. 10647 of November
                    28, 1955 (20 FR 8769).
                        (5) Executive Order No. 11179 of September
                    22, 1964 (29 FR 13239).
                        (6) Executive Order No. 11355 of May 26,
                    1967 (32 FR 7803).
                        (7) Sections 7 and 8, Executive Order No.
                    11912 of April 13, (41 FR 15825, 15826-27).
                        (8) Section 3, Executive Order No. 12148 of
                    July 20, 1979, (44 FR 43239, 43241).
                        (9) Executive Order No. 12521 of June 24,
                    1985 (50 FR 26335).
                        (10) Executive Order No. 12649 of August
                    11, 1988 (53 FR 30639).
                        (11) Executive Order No. 12773 of September
                    26, 1991 (56 FR 49387), except that part of the
                    order that amends section 604 of Executive
                    Order 10480.
                (b) Executive Order No. 10789 of November 14, 1958,
            is amended by deleting ``and in view of the existing
            national emergency declared by Proclamation No. 2914 of
            December 16, 1950,'' as it appears in the first
            sentence.
                (c) Executive Order No. 11790, as amended, relating
            to the Federal Energy Administration Act of 1974, is
            amended by deleting ``Executive Order No. 10480'' where
            it appears in section 4 and substituting this order's
            number.
                (d) Subject to subsection 904(c) of this order, to
            the extent that any provision of any prior Executive
            order is inconsistent with the provisions of this
            order, this order shall control and such prior
            provision is amended accordingly.

    Sec. 905. Judicial Review.
        This order is not intended to create any right or benefit,
    substantive or procedural, enforceable at law by a party
    against the United States, its agencies, its officers, or any
    person.

                             Executive Order 12941

         Seismic Safety of Existing Federally Owned or Leased Building

    =======================================================================

    Signed:                              December 1, 1994
    Federal Register page and date:      59 FR 62545; December 5, 1994

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in furtherance of the Earthquake Hazards Reduction Act of 1977,
    as amended by Public Law 101-614, which requires the President
    to adopt ``standards for assessing and enhancing the seismic
    safety of existing buildings constructed for or leased by the
    Federal Government which were designed and constructed without
    adequate seismic design and construction standards'' (42 U.S.C.
    7705b(a)), it is hereby ordered as follows:

    Section 1. Adoption of Minimum Standards. The Standards of
    Seismic Safety for Existing Federally Owned or Leased Buildings
    (Standards), developed, issued, and maintained by the
    Interagency Committee on Seismic Safety in Construction
    (ICSSC), are hereby adopted as the minimum level acceptable for
    use by Federal departments and agencies in assessing the
    seismic safety of their owned and leased buildings and in
    mitigating unacceptable seismic risks in those buildings. The
    Standards shall be applied, at a minimum, to those buildings
    identified in the Standards as requiring evaluation and, if
    necessary, mitigation. Evaluations and mitigations that were
    completed prior to the date of this order under agency programs
    that were based on standards deemed adequate and appropriate by
    the individual agency need not be reconsidered unless otherwise
    stipulated by the Standards. For the purposes of this order,
    buildings are defined as any structure, fully or partially
    enclosed, located within the United States as defined in the
    Earthquake Hazards Reduction Act of 1977, as amended, (42
    U.S.C. 7703(5)), used or intended for sheltering persons or
    property, except for the exclusions specified in the Standards.

    Sec. 2. Estimating Costs of Mitigation. Each agency that owns
    or leases buildings for Federal use shall, within 4 years of
    the issuance of this order, develop an inventory of their owned
    and leased buildings and shall estimate the costs of mitigating
    unacceptable seismic risks in those buildings. The cost
    estimate shall be based on the exemptions and evaluation and
    mitigation requirements in the Standards. Guidance for the
    development of the inventory and cost estimates will be issued
    by the ICSSC no later than 1 year after the signing of this
    order. Cost estimates with supporting documentation shall be
    submitted to the Director of the Federal Emergency Management
    Agency (FEMA) no later than 4 years after the signing of this
    order.

    Sec. 3. Implementation Responsibilities.
                (a) The Federal Emergency Management Agency is
            responsible for
                        (1) notifying all Federal departments and
                    agencies of the existence and content of this
                    order;
                        (2) preparing for the Congress, in
                    consultation with the ICSSC, no later than 6
                    years after the issuance of this order, a
                    comprehensive report on how to achieve an
                    adequate level of seismic safety in federally
                    owned and leased buildings in an economically
                    feasible manner; and (3) preparing for the
                    Congress on a biennial basis, a report on the
                    execution of this order.
                (b) The National Institute of Standards and
            Technology is responsible for providing technical
            assistance to the Federal departments and agencies in
            the implementation of this order.
                (c) Federal departments and agencies may request an
            exemption from this order from the Director of the
            Office of Management and Budget.

    Sec. 4. Updating Programs. The ICSSC shall update the Standards
    at least every 5 years. It shall also update the Standards
    within 2 years of the publication of the first edition of
    FEMA's Guidelines for Seismic Rehabilitation of Buildings and
    Commentary.

    Sec. 5. Judicial Review. Nothing in this order is intended to
    create any right to administrative or judicial review, or any
    other right, benefit, or trust responsibility, substantive or
    procedural, enforceable at law by any party against the United
    States, its agencies or instrumentalities, its officers or
    employees, or any person.

                             Executive Order 12949

                     Foreign Intelligence Physical Searches

                            (As amended by EO 13383)

    =======================================================================

    Signed:                              February 9, 1995
    Federal Register page and date:      60 FR 8169; February 13, 1995
    Amended by:                          EO 13475, October 7, 2008

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States, including
    sections 302 and 303 of the Foreign Intelligence Surveillance
    Act of 1978 (``Act'') (50 U.S.C. 1801, et seq.), as amended by
    Public Law 103-359, and in order to provide for the
    authorization of physical searches for foreign intelligence
    purposes as set forth in the Act, it is hereby ordered as
    follows:

    Section 1. Pursuant to section 302(a)(1) of the Act, the
    Attorney General is authorized to approve physical searches,
    without a court order, to acquire Foreign intelligence
    information for periods of up to one year, if the Attorney
    General makes the certifications required by that section.

    Sec. 2. Pursuant to section 302(b) of the Act, the Attorney
    General is authorized to approve applications to the Foreign
    Intelligence Surveillance Court under section 303 of the Act to
    obtain orders for physical searches for the purpose of
    collecting foreign intelligence information.

    Sec. 3. Pursuant to section 303(a)(7) of the Act, the following
    officials, each of whom is employed in the area of national
    security or defense, is designated to make the certifications
    required by section 303(a)(7) of the Act in support of
    applications to conduct physical searches:
        (a) Secretary of State;
        (b) Secretary of Defense;
        (c) Director of National Intelligence;
        (d) Director of the Federal Bureau of Investigation;
        (e) Deputy Secretary of State;
        (f) Deputy Secretary of Defense;
        (g) Director of Central Intelligence Agency; and
        (h) Principal Deputy Director of National Intelligence.
        None of the above officials, nor anyone officially acting
    in that capacity, may exercise the authority to make the above
    certifications, unless that official has been appointed by the
    President, by and with the advice and consent of the Senate.

                             Executive Order 12977

                         Interagency Security Committee

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              October 19, 1995
    Federal Register page and date:      60 FR 54411; October 24, 1995
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to enhance the quality and effectiveness of security
    in and protection of buildings and facilities in the United
    States occupied by Federal employees for nonmilitary activities
    (``Federal facilities''), and to provide a permanent body to
    address continuing government-wide security for Federal
    facilities, it is hereby ordered as follows:

    Section 1. Establishment. There is hereby established within
    the executive branch the Interagency Security Committee
    (``Committee''). The Committee shall consist of:
                (a) the Secretary of Homeland Security
            (``Secretary'');
                (b) representatives from the following agencies,
            appointed by the agency heads:
                        (1) Department of State;
                        (2) Department of the Treasury;
                        (3) Department of Defense;
                        (4) Department of Justice;
                        (5) Department of the Interior;
                        (6) Department of Agriculture;
                        (7) Department of Commerce;
                        (8) Department of Labor;
                        (9) Department of Health and Human
                    Services;
                        (10) Department of Housing and Urban
                    Development;
                        (11) Department of Transportation;
                        (12) Department of Energy;
                        (13) Department of Education;
                        (14) Department of Veterans Affairs;
                        (15) Environmental Protection Agency;
                        (16) Central Intelligence Agency;
                        (17) Office of Management and Budget; and
                        (18) General Services Administration;
                (c) the following individuals or their designees:
                        (1) the Director, United States Marshals
                    Service;
                        (2) the Assistant to the President for
                    National Security Affairs; and
                        (3) the Director, Security Policy Board;
                    and
                (d) such other Federal employees as the President
            shall appoint.

    Sec. 2. Chair. The Committee shall be chaired by the Secretary,
    or the designee of the Secretary.

    Sec. 3. Working Groups. The Committee is authorized to
    establish interagency working groups to perform such tasks as
    may be directed by the Committee.

    Sec. 4. Consultation. The Committee may consult with other
    parties, including the Administrative Office of the United
    States Courts, to perform its responsibilities under this
    order, and, at the discretion of the Committee, such other
    parties may participate in the working groups.

    Sec. 5. Duties and Responsibilities.
                (a) The Committee shall:
                        (1) establish policies for security in and
                    protection of Federal facilities;
                        (2) develop and evaluate security standards
                    for Federal facilities, develop a strategy for
                    ensuring compliance with such standards, and
                    oversee the implementation of appropriate
                    security measures in Federal facilities; and
                        (3) take such actions as may be necessary
                    to enhance the quality and effectiveness of
                    security and protection of Federal facilities,
                    including but not limited to:
                        (A) encouraging agencies with security
                    responsibilities to share securityrelated
                    intelligence in a timely and cooperative
                    manner;
                        (B) assessing technology and information
                    systems as a means of providing cost-effective
                    improvements to security in Federal facilities;
                        (C) developing long-term construction
                    standards for those locations with threat
                    levels or missions that require blast resistant
                    structures or other specialized security
                    requirements;
                        (D) evaluating standards for the location
                    of, and special security related to, day care
                    centers in Federal facilities; and
                        (E) assisting the Secretary in developing
                    and maintaining a centralized security data
                    base of all Federal facilities.

    Sec. 6. Agency Support and Cooperation.
                (a) Administrative Support. To the extent permitted
            by law and subject to the availability of
            appropriations, the Secretary, acting by and through
            the Assistant Commissioner, shall provide the Committee
            such administrative services, funds, facilities, staff
            and other support services as may be necessary for the
            performance of its functions under this order.
                (b) Cooperation. Each executive agency and
            department shall cooperate and comply with the policies
            and recommendations of the Committee issued pursuant to
            this order, except where the Director of Central
            Intelligence determines that compliance would
            jeopardize intelligence sources and methods. To the
            extent permitted by law and subject to the availability
            of appropriations, executive agencies and departments
            shall provide such support as may be necessary to
            enable the Committee to perform its duties and
            responsibilities under this order.
                (c) Compliance. The Secretary shall be responsible
            for monitoring Federal agency compliance with the
            policies and recommendations of the Committee.

    Sec. 7. Judicial Review.
        This order is intended only to improve the internal
    management of the Federal Government, and is not intended, and
    should not be construed, to create any right or benefit,
    substantive or procedural, enforceable at law by a party
    against the United States, its agencies, its officers, or its
    employees.

                             Executive Order 12978

         Blocking Assets and Prohibiting Transactions With Significant
                             Narcotics Traffickers

                       (As amended by EO 13383, EO 13475)

    =======================================================================

    Signed:                              October 21, 1995
    Federal Register page and date:      60 FR 54579; October 24, 1995
    Amends:                              EO 12036, January 24, 1978
    Amended by:                          EO 13286, 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 International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States
    Code,
        I, William J. Clinton, President of the United States of
    America, find that the actions of significant foreign narcotics
    traffickers centered in Colombia, and the unparalleled
    violence, corruption, and harm that they cause in the United
    States and abroad, constitute an unusual and extraordinary
    threat to the national security, foreign policy, and economy of
    the United States, and hereby declare a national emergency to
    deal with that threat.

    Section 1. Except to the extent provided in section 203(b) of
    IEEPA (50 U.S.C. 1702(b)) and in regulations, orders,
    directives, or licenses that may be issued pursuant to this
    order, and notwithstanding any contract entered into or any
    license or permit granted prior to the effective date, I hereby
    order blocked all property and interests in property that are
    or hereafter come within the United States, or that are or
    hereafter come within the possession or control of United
    States persons, of:
                (a) the foreign persons listed in the Annex to this
            order;
                (b) foreign persons determined by the Secretary of
            the Treasury, in consultation with the Attorney
            General, the Secretary of Homeland Security, and the
            Secretary of State:
                        (i) to play a significant role in
                    international narcotics trafficking centered in
                    Colombia; or
                        (ii) materially to assist in, or provide
                    financial or technological support for or goods
                    or services in support of, the narcotics
                    trafficking activities of persons designated in
                    or pursuant to this order; and
                (c) persons determined by the Secretary of the
            Treasury, in consultation with the Attorney General,
            the Secretary of Homeland Security, and the Secretary
            of State, to be owned or controlled by, or to act for
            or on behalf of, persons designated in or pursuant to
            this order.

    Sec. 2. Further, except to the extent provided in section
    203(b) of IEEPA and in regulations, orders, directives, or
    licenses that may be issued pursuant to this order, and
    notwithstanding any contract entered into or any license or
    permit granted prior to the effective date, I hereby prohibit
    the following:
                (a) any transaction or dealing by United States
            persons or within the United States in property or
            interests in property of the persons designated in or
            pursuant to this order;
                (b) any transaction by any United States person or
            within the United States that evades or avoids, or has
            the purpose of evading or avoiding, or attempts to
            violate, any of the prohibitions set forth in this
            order.

    Sec. 3. For the purposes of this order:
                (a) the term ``person'' means an individual or
            entity;
                (b) the term ``entity'' means a partnership,
            association, corporation, or other organization, group
            or subgroup;
                (c) the term ``United States person'' means any
            United States citizen or national, permanent resident
            alien, entity organized under the laws of the United
            States (including foreign branches), or any person in
            the United States:
                (d) the term ``foreign person'' means any citizen
            or national of a foreign state (including any such
            individual who is also a citizen or national of the
            United States) or any entity not organized solely under
            the laws of the United States or existing solely in the
            United States, but does not include a foreign state;
            and
                (e) the term ``narcotics trafficking'' means any
            activity undertaken illicitly to cultivate, produce,
            manufacture, distribute, sell, finance or transport, or
            otherwise assist, abet, conspire, or collude with
            others in illicit activities relating to, narcotic
            drugs, including, but not limited to, cocaine.

    Sec. 4. The Secretary of the Treasury, in consultation with the
    Attorney General, the Secretary of Homeland Security, and the
    Secretary of State, is hereby authorized to take such actions,
    including the promulgation of rules and regulations, and to
    employ all powers granted to the President by IEEPA as may be
    necessary to carry out this order. The Secretary of the
    Treasury may redelegate any of these functions to other
    officers and agencies of the United States Government. All
    agencies of the United States Government are hereby directed to
    take all appropriate measures within their authority to carry
    out this order.

    Sec. 5. Nothing contained in this order shall create any right
    or benefit, substantive or procedural, enforceable by any party
    against the United States, its agencies or instrumentalities,
    its officers or employees, or any other person.

    Sec. 6.
                (a) This order is effective at 12:01 a.m. Eastern
            Daylight Time on October 22, 1995.
                (b) This order shall be transmitted to the Congress
            and published in the Federal Register.

                             Executive Order 12982

          Ordering the Selected Reserve of the Armed Forces to Active
                                      Duty

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              December 8, 1995
    Federal Register page and date:      60 FR 63895; December 12, 1995
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 121 and 12304 of title 10, United States
    Code, I hereby determine that it is necessary to augment the
    active armed forces of the United States for the effective
    conduct of operations in and around former Yugoslavia. Further,
    under the stated authority, I hereby authorize the Secretary of
    Defense, and the Secretary of Homeland Security with respect to
    the Coast Guard when it is not operating as a service in the
    Department of the Navy, to order to active duty any units, and
    any individual members not assigned to a unit organized to
    serve as a unit, of the Selected Reserve.
        This order is intended only to improve the internal
    management of the executive branch and is not intended to
    create any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its
    agencies, its officers, or any person.
        This order shall be published in the Federal Register and
    transmitted to the Congress

                             Executive Order 12985

                  Establishing the Armed Forces Service Medal

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              January 11, 1996
    Federal Register page and date:      61 FR 1209; January 18, 1996
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including my authority as Commander in Chief of the Armed
    Forces of the United States, it is hereby ordered as follows:

    Section 1. Establishment. There is hereby established the Armed
    Forces Service Medal with accompanying ribbons and
    appurtenances, for award to members of the Armed Forces of the
    United States who, on or after June 1, 1992, in the opinion of
    the Joint Chiefs of Staff:
                (a) Participate, or have participated, as members
            of United States military units in a United States
            military operation in which personnel of any Armed
            Force participate that is deemed to be significant
            activity; and
                (b) Encounter no foreign armed opposition or
            imminent hostile action.

    Sec. 2. Approval and Award. The medal, with ribbons and
    appurtenances, shall be of an appropriate design approved by
    the Secretary of Defense and shall be awarded by the Secretary
    of Defense and the Secretary of Homeland Security with respect
    to the Coast Guard when it is not operating as a service in the
    Navy, under uniform regulations, as prescribed by the Secretary
    of Defense. The regulations shall place the Armed Forces
    Service Medal in an order of precedence immediately before the
    Humanitarian Service Medal.

    Sec. 3. Criteria. The medal shall be awarded only for
    operations for which no other United States service medal is
    approved. For operations in which personnel of only one
    Military Department or the Coast Guard participate, the medal
    shall be awarded only if there is no other suitable award
    available to the department or the Coast Guard. No more than
    one medal shall be awarded to any one person, but for each
    succeeding operation justifying such award a suitable device
    may be awarded to be worn on the medal or ribbon as prescribed
    by appropriate regulations.

    Sec. 4. Posthumous Provision.
        The medal may be awarded posthumously and, when so awarded,
    may be presented to such representative of the deceased as may
    be deemed appropriate by the Secretary of Defense or the
    Secretary of Transportation.

                             Executive Order 12989

           Economy and Efficiency in Government Procurement Through
            Compliance with Certain Immigration and Nationality Act
          Provisions and Use of an Electronic Employment Eligibility
                              Verification System

                       (As amended by EO 13286, EO 13465)

    =======================================================================

    Signed:                              February 13, 1996
    Federal Register page and date:      61 FR 6091; February 15, 1996
    Amended by:                          EO 13286, February 28, 2003
                                         EO 13465, June 6, 2008

    =======================================================================

        This order is designed to promote economy and efficiency in
    Federal Government procurement. Stability and dependability are
    important elements of economy and efficiency. A contractor
    whose workforce is less stable will be less likely to produce
    goods and services economically and efficiently than a
    contractor whose workforce is more stable. It is the policy of
    the executive branch to enforce fully the immigration laws of
    the United States, including the detection and removal of
    illegal aliens and the imposition of legal sanctions against
    employers that hire illegal aliens. Because of the worksite
    enforcement policy of the United States and the underlying
    obligation of the executive branch to enforce the immigration
    laws, contractors that employ illegal aliens cannot rely on the
    continuing availability and service of those illegal workers,
    and such contractors inevitably will have a less stable and
    less dependable workforce than contractors that do not employ
    such persons. Where a contractor assigns illegal aliens to work
    on Federal contracts, the enforcement of Federal immigration
    laws imposes a direct risk of disruption, delay, and increased
    expense in Federal contracting. Such contractors are less
    dependable procurement sources, even if they do not knowingly
    hire or knowingly continue to employ unauthorized workers.
        Contractors that adopt rigorous employment eligibility
    confirmation policies are much less likely to face immigration
    enforcement actions, because they are less likely to employ
    unauthorized workers, and they are therefore generally more
    efficient and dependable procurement sources than contractors
    that do not employ the best available measures to verify the
    work eligibility of their workforce. It is the policy of the
    executive branch to use an electronic employment verification
    system because, among other reasons, it provides the best
    available means to confirm the identity and work eligibility of
    all employees that join the Federal workforce. Private
    employers that choose to contract with the Federal Government
    should meet the same standard.
        I find, therefore, that adherence to the general policy of
    contracting only with providers that do not knowingly employ
    unauthorized alien workers and that have agreed to utilize an
    electronic employment verification system designated by the
    Secretary of Homeland Security to confirm the employment
    eligibility of their workforce will promote economy and
    efficiency in Federal procurement.
        NOW, THEREFORE, to ensure the economical and efficient
    administration and completion of Federal Government contracts,
    and by the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including subsection 121(a) of title 40 and section 301 of
    title 3, United States Code, it is hereby ordered as follows:

    Section 1.
                (a) It is the policy of the executive branch in
            procuring goods and services that, to ensure the
            economical and efficient administration and completion
            of Federal Government contracts, contracting agencies
            should not contract with employers that have not
            complied with section 274A(a)(1)(A) and 274A(a)(2) of
            the Immigration and Nationality Act (8 U.S.C.
            1324a(a)(1)(A), 1324a(a)(2)) (the ``INA employment
            provisions'') prohibiting the unlawful employment of
            aliens.
                (b) It is the policy of the executive branch in
            procuring goods and services that, to ensure the
            economical and efficient administration and completion
            of Federal Government contracts, contracting agencies
            may not enter into contracts with employers that do not
            use the best available means to confirm the work
            authorization of their workforce.
                (c) It is the policy of the executive branch to
            enforce fully the antidiscrimination provisions of the
            INA. Nothing in this order relieves employers of
            antidiscrimination obligations under section 274B of
            the INA (8 U.S.C. 1324b) or any other law.
                (d) All discretion under this order shall be
            exercised consistent with the policies set forth in
            this section.

    Sec. 2. Contractor, as used in this Executive order, shall have
    the same meaning as defined in subpart 9.4 of the Federal
    Acquisition Regulation.

    Sec. 3. Using the procedures established pursuant to 8 U.S.C.
    1324a(e)
                (a) the Secretary of Homeland Security may
            investigate to determine whether a contractor or an
            organizational unit thereof is not in compliance with
            the INA employment provisions;
                (b) the Secretary of Homeland Security shall
            receive and may investigate complaints by employees of
            any entity covered under section 3(a) of this order
            where such complaints allege noncompliance with the INA
            employment provisions; and
                (c) the Attorney General shall hold such hearings
            as are required under 8 U.S.C. 1324a(e) to determine
            whether an entity covered under section 3(a) is not in
            compliance with the INA employment provisions.

    Sec. 4.
                (a) Whenever the Secretary of Homeland Security or
            the Attorney General determines that a contractor or an
            organizational unit thereof is not in compliance with
            the INA employment provisions, the Secretary of
            Homeland Security or the Attorney General shall
            transmit that determination to the appropriate
            contracting agency and such other Federal agencies as
            the Secretary of Homeland Security or the Attorney
            General may determine. Upon receipt of such
            determination from the Secretary of Homeland Security
            or the Attorney General, the head of the appropriate
            contracting agency shall consider the contractor or an
            organizational unit thereof for debarment as well as
            for such other action as may be appropriate in
            accordance with the procedures and standards prescribed
            by the Federal Acquisition Regulation.
                (b) The head of the contracting agency may debar
            the contractor or an organizational unit thereof based
            on the determination of the Attorney General that it is
            not in compliance with the INA employment provisions.
            Such determination shall not be reviewable in the
            debarment proceedings.
                (c) The scope of the debarment generally should be
            limited to those organizational units of a Federal
            contractor that the Attorney General finds are not in
            compliance with the INA employment provisions.
                (d) The period of the debarment shall be for 1 year
            and may be extended for additional periods of 1 year
            if, using the procedures established pursuant to 8
            U.S.C. 1324a(e), the Secretary of Homeland Security or
            the Attorney General determines that the organizational
            unit of the Federal contractor continues to be in
            violation of the INA employment provisions.
                (e) The Administrator of General Services shall
            list a debarred contractor or an organizational unit
            thereof on the List of Parties Excluded from Federal
            Procurement and Nonprocurement Programs and the
            contractor or an organizational unit thereof shall be
            ineligible to participate in any procurement or
            nonprocurement activities.

    Sec. 5.
                (a) Executive departments and agencies that enter
            into contracts shall require, as a condition of each
            contract, that the contractor agree to use an
            electronic employment eligibility verification system
            designated by the Secretary of Homeland Security to
            verify the employment eligibility of:
                        (i) all persons hired during the contract
                    term by the contractor to perform employment
                    duties within the United States; and
                        (ii) all persons assigned by the contractor
                    to perform work within the United States on the
                    Federal contract.
                (b) the Secretary of Homeland Security:
                        (i) shall administer, maintain, and modify
                    as necessary and appropriate the electronic
                    employment eligibility verification system
                    designated by the Secretary under subsection
                    (a) of this section; and
                        (ii) may establish with respect to such
                    electronic employment verification system:
                                (A) terms and conditions for use of
                            the system; and
                                (B) procedures for monitoring the
                            use, failure to use, or improper use of
                            the system.
                (c) The Secretary of Defense, the Administrator of
            General Services, and the Administrator of the National
            Aeronautics and Space Administration shall amend the
            Federal Acquisition Regulation to the extent necessary
            and appropriate to implement the debarment
            responsibility, the employment eligibility verification
            responsibility, and other related responsibilities
            assigned to heads of departments and agencies under
            this order.
                (d) Except to the extent otherwise specified by law
            or this order, the Secretary of Homeland Security and
            the Attorney General:
                        (i) shall administer and enforce this
                    order; and
                        (ii) may, after consultation to the extent
                    appropriate with the Secretary of Defense, the
                    Secretary of Labor, the Administrator of
                    General Services, the Administrator of the
                    National Aeronautics and Space Administration,
                    the Administrator for Federal Procurement
                    Policy, and the heads of such other departments
                    or agencies as may be appropriate, issue such
                    rules, regulations, or orders, or establish
                    such requirements, as may be necessary and
                    appropriate to implement this order.

    Sec. 6. Each contracting department and agency shall cooperate
    with and provide such information and assistance to the
    Secretary of Homeland Security or the Attorney General as may
    be required in the performance of their respective functions
    under this order.

    Sec. 7. The Secretary of Homeland Security or the Attorney
    General, the Secretary of Defense, the Administrator of General
    Services, the Administrator of the National Aeronautics and
    Space Administration, and the heads of contracting departments
    and agencies may delegate any of their functions or duties
    under this order to any officer or employee of their respective
    departments or agencies.

    Sec. 8.
                (a) This order shall be implemented in a manner
            intended to minimize the burden on participants in the
            Federal procurement process.
                (b) This order shall be implemented in a manner
            consistent with the protection of intelligence and law
            enforcement sources, methods, and activities from
            unauthorized disclosure.

    Sec. 9.
                (a) Nothing in this order shall be construed to
            impair or otherwise affect:
                        (i) authority granted by law to a
                    department or agency or the head thereof; or
                        (ii) functions of the Director of the
                    Office of Management and Budget relating to
                    budget, administrative, or legislative
                    proposals.
                (b) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations.
                (c) This order is not intended to, and does not,
            create any right or benefit, substantive or procedural,
            enforceable at law or in equity, by any party against
            the United States, its departments, agencies or
            entities, its officers, employees, or agents, or any
            other person.

                             Executive Order 12992

                        President's Drug Policy Council

                       (As amended by EO 13023, EO 13284)

    =======================================================================

    Signed:                              March 15, 1996
    Federal Register page and date:      61 FR 11287; March 19, 1996
    Amended by:                          EO 13023, November 6, 1996
                                         EO 13284, January 23, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 301 of title 3, United States Code, it is
    hereby ordered as follows:

    Section 1. Establishment. There is established the President's
    Drug PolicyCouncil (``Council'').

    Sec. 2. Membership.
        The Council shall comprise the:
                (a) President, who shall serve as Chairman of the
            Council;
                (b) Vice President;
                (c) Secretary of State;
                (d) Secretary of the Treasury;
                (e) Secretary of Defense;
                (f) Attorney General;
                (g) Secretary of the Interior;
                (h) Secretary of Agriculture;
                (i) Secretary of Health and Human Services;
                (j) Secretary of Housing and Urban Development;
                (k) Secretary of Transportation;
                (l) Secretary of Education;
                (m) Secretary of Veterans Affairs;
                (n) Secretary of Homeland Security;
                (o) Representative of the United States of America
            to the United Nations;
                (p) Director of the Office of Management and
            Budget;
                (q) Chief of Staff to the President;
                (r) Director of National Drug Control Policy;
                (s) Director of Central Intelligence;
                (t) Assistant to the President for National
            Security Affairs;
                (u) Council to the President;
                (v) Chairman, Joint Chiefs of Staff;
                (w) National Security Advisor to the Vice
            President; and
                (x) Assistant to the President for Domestic Policy.
                As applicable, the Council shall also comprise such
            other officials of the departments and agencies as the
            President may, from time to time, designate.

    Sec. 3. Meetings of the Council. The President, or upon his
    direction, the Vice President, may convene meetings of the
    Council. The President shall preside over meetings of the
    Council, provided that in his absence, the Vice President will
    preside. The Council will meet at least quarterly.

    Sec. 4. Functions.
                (a) The functions of the Council are to advise and
            assist the President in:
                        (1) providing direction and oversight for
                    the national drug control strategy, including
                    relating drug control policy to other national
                    security interests and establishing priorities;
                    and
                        (2) ensuring coordination among departments
                    and agencies concerning implementation of the
                    President's national drug control strategy.
                (b) The Director of National Drug Control Policy
            will continue to be the senior drug control policy
            official in the executive branch and the President's
            chief drug control policy spokesman.
                (c) In matters affecting national security
            interests, the Director of National Drug Control Policy
            shall work in conjunction with the Assistant to the
            President for National Security Affairs.

    Sec. 5. Administration.
                (a) The Council may utilize established or ad hoc
            committees, task forces, or interagency groups chaired
            by the Director of National Drug Control Policy or his
            representative, in carrying out its functions under
            this order.
                (b) The staff of the Office of National Drug
            Control Policy, in coordination with the staffs of the
            Vice President and the Assistant to the President for
            National Security Affairs, shall act as staff for the
            Council.
                (c) All executive departments and agencies shall
            cooperate with the Council and provide such assistance,
            information, and advice as the Council may request, to
            the extent permitted by law.

                             Executive Order 13048

          Improving Administrative Management in the Executive Branch

                            (As amended by EO 13284)

    =======================================================================

    Signed:                              June 10, 1997
    Federal Register page and date:      62 FR 32467; June 13, 1997
    Amended by:                          EO 13284, January 23, 2003
    Revokes:                             EO 12552, February 25, 1986
                                         EO 12637, April 27, 1988
                                         EO 12816, October 14, 1992

    =======================================================================

        Improvement of Government operations is a continuing
    process that benefits from interagency activities. One group
    dedicated to such activities is the President's Council on
    Management Improvement (PCMI), established by Executive Order
    12479 in 1984, reestablished by Executive Order 12816 in 1992.
    In the intervening years, some activities of the PCMI have been
    assumed by the President's Management Council, the Chief
    Financial Officers Council, and the Chief Information Officers
    Council. These organizations are also focussed on improving
    agencies' use of quality management principles. Other functions
    have been assigned to individual agencies. Nonetheless,
    remaining administrative management matters deserve attention
    across agency lines.
        By the authority vested in me as President by the
    Constitution and the laws of the United States of America and
    in order to improve agency administrative and management
    practices throughout the executive branch, I hereby direct the
    following:

    Section 1. Interagency Council on Administrative Management.
                (a) Purpose and Membership. An Interagency Council
            on Administrative Management (``Council'') is
            established as an interagency coordination mechanism.
            The Council shall be composed of the Deputy Director
            for Management of the Office of Management and Budget,
            who shall serve as Chair, and one senior administrative
            management official from each of the following
            agencies:
                        1. Department of State;
                        2. Department of the Treasury;
                        3. Department of Defense;
                        4. Department of Justice;
                        5. Department of the Interior;
                        6. Department of Agriculture;
                        7. Department of Commerce;
                        8. Department of Labor;
                        9. Department of Health and Human Services;
                        10. Department of Housing and Urban
                    Development;
                        11. Department of Transportation;
                        12. Department of Energy;
                        13. Department of Education;
                        14. Department of Veterans Affairs;
                        15. Department of Homeland Security;
                        16. Environmental Protection Agency;
                        17. Federal Emergency Management Agency;
                        18. Central Intelligence Agency;
                        19. Small Business Administration;
                        20. Department of the Army;
                        21. Department of the Navy;
                        22. Department of the Air Force;
                        23. National Aeronautics and Space
                    Administration;
                        24. Agency for International Development;
                        25. General Services Administration;
                        26. National Science Foundation; and
                        27. Office of Personnel Management.
                Department and agency heads shall advise the Chair
            of their selections for membership on the Council.
            Council membership shall also include representatives
            of the Chief Financial Officers Council, the Chief
            Information Officers Council, the Federal Procurement
            Council, the Interagency Advisory Group of Federal
            Personnel Directors, and the Small Agency Council, as
            well as at-large members appointed by the Chair, as he
            deems appropriate. The Chair shall invite
            representatives of the Social Security Administration
            to participate in the Council's work, as appropriate.
            The Council shall select a Vice Chair from among the
            Council's membership.
                (b) The Council shall plan, promote, and recommend
            improvements in Government administration and
            operations and provide advice to the Chair on matters
            pertaining to the administrative management of the
            Federal Government. The Council shall:
                        (1) explore opportunities for more
                    effective use of Government resources;
                        (2) support activities and initiatives of
                    the President's Management Council, the Chief
                    Financial Officers Council, the Chief
                    Information Officers Council, the Federal
                    Procurement Council, and the Interagency
                    Advisory Group of Federal Personnel Directors
                    designed to develop, review, revise, and
                    implement Governmentwide administrative
                    management policies; and
                        (3) identify successful administrative
                    management practices, including quality
                    management practices, and assist in their
                    Governmentwide dissemination and
                    implementation.

    Sec. 2. Responsibilities of the Chair. The Chair or, if the
    Chair chooses, the Vice Chair shall:
                (1) convene meetings of the Council;
                (2) preside at formal council meetings;
                (3) establish committees or working groups of the
            Council, as necessary for efficient conduct of Council
            functions; and
                (4) appoint, to the extent permitted by law and
            consistent with personnel practices, other full-time
            officers or employees of the Federal Government to the
            Council as at-large members for specific terms, not
            exceeding 2 years, to provide expertise to the Council.

    Sec. 3. Responsibilities of Agency Heads. To the extent
    permitted by law, heads of departments or agencies represented
    on the Council shall provide their representatives with
    administrative support needed to support Council activities.

    Sec. 4. Judicial Review. This order is for the internal
    management of the executive branch and does not create any
    right or benefit, substantive or procedural, enforceable by a
    party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other
    person.

    Sec. 5. Revocation. Executive Order 12816 (creating the
    President's Council on Management Improvement), Executive Order
    12552 (establishing the executive branch productivity
    improvement program) and Executive Order 12637 (revising the
    executive branch productivity improvement program) are revoked.

                             Executive Order 13076

                  Ordering the Selected Reserve to Active Duty

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              February 24, 1998
    Federal Register page and date:      63 FR 9719, February 26, 1998
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 121 and 12304 of title 10, United States
    Code, I hereby determine that it is necessary to augment the
    active armed forces of the United States for the effective
    conduct of operations in and around Southwest Asia. Further,
    under the stated authority, I hereby authorize the Secretary of
    Defense, and the Secretary of Homeland Security with respect to
    the Coast Guard when it is not operating as a service in the
    Department of the Navy, to order to active duty any units, and
    any individual members not assigned to a unit organized to
    serve as a unit, of the Selected Reserve.
        This order is intended only to improve the internal
    management of the executive branch and is not intended to
    create any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its
    agencies, its officers, or any person.

                             Executive Order 13100

                       President's Council on Food Safety

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              May 23, 1979
    Federal Register page and date:      Federal Register page and date: 63
                                          FR 45661, August 27, 1998
    Amended by:                          63 FR 45661, August 27, 1998

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to improve the safety of the food supply through
    science-based regulation and well-coordinated inspection,
    enforcement, research, and education programs, it is hereby
    ordered as follows:

    Section 1. Establishment of President's Council on Food Safety.
                (a) There is established the President's Council on
            Food Safety (``Council''). The Council shall comprise
            the Secretaries of Agriculture, Commerce, Health and
            Human Services, and Homeland Security, the Director of
            the Office of Management and Budget (OMB), the
            Administrator of the Environmental Protection Agency,
            the Assistant to the President for Science and
            Technology/Director of the Office of Science and
            Technology Policy, the Assistant to the President for
            Domestic Policy, and the Director of the National
            Partnership for Reinventing Government. The Council
            shall consult with other Federal agencies and State,
            local, and tribal government agencies, and consumer,
            producer, scientific, and industry groups, as
            appropriate.
                (b) The Secretaries of Agriculture and of Health
            and Human Services and the Assistant to the President
            for Science and Technology/Director of the Office of
            Science and Technology Policy shall serve as Joint
            Chairs of the Council.

    Sec. 2. Purpose. The purpose of the Council shall be to develop
    a comprehensive strategic plan for Federal food safety
    activities, taking into consideration the findings and
    recommendations of the National Academy of Sciences report
    ``Ensuring Safe Food from Production to Consumption'' and other
    input from the public on how to improve the effectiveness of
    the current food safety system. The Council shall make
    recommendations to the President on how to advance Federal
    efforts to implement a comprehensive sciencebased strategy to
    improve the safety of the food supply and to enhance
    coordination among Federal agencies, State, local, and tribal
    governments, and the private sector. The Council shall advise
    Federal agencies in setting priority areas for investment in
    food safety.

    Sec. 3. Specific Activities and Functions.
                (a) The Council shall develop a comprehensive
            strategic Federal food safety plan that contains
            specific recommendations on needed changes, including
            measurable outcome goals. The principal goal of the
            plan should be the establishment of a seamless,
            science-based food safety system. The plan should
            address the steps necessary to achieve this goal,
            including the key public health, resource, and
            management issues regarding food safety. The planning
            process should consider both short-term and long-term
            issues including new and emerging threats and the
            special needs of vulnerable populations such as
            children and the elderly. In developing this plan, the
            Council shall consult with all interested parties,
            including State and local agencies, tribes, consumers,
            producers, industry, and academia.
                (b) Consistent with the comprehensive strategic
            Federal food safety plan described in section 3(a) of
            this order, the Council shall advise agencies of
            priority areas for investment in food safety and ensure
            that Federal agencies annually develop coordinated food
            safety budgets for submission to the OMB that sustain
            and strengthen existing capacities, eliminate
            duplication, and ensure the most effective use of
            resources for improving food safety. The Council shall
            also ensure that Federal agencies annually develop a
            unified budget for submission to the OMB for the
            President's Food Safety Initiative and such other food
            safety issues as the Council determines appropriate.
                (c) The Council shall ensure that the Joint
            Institute for Food Safety Research (JIFSR), in
            consultation with the National Science and Technology
            Council, establishes mechanisms to guide Federal
            research efforts toward the highest priority food
            safety needs. The JIFSR shall report to the Council on
            a regular basis on its efforts:
                        (i) to develop a strategic plan for
                    conducting food safety research activities
                    consistent with the President's Food Safety
                    Initiative and such other food safety
                    activities as the JIFSR determines appropriate;
                    and
                        (ii) to coordinate efficiently, within the
                    executive branch and with the private sector
                    and academia, all Federal food safety research.

    Sec. 4. Cooperation. All actions taken by the Council shall, as
    appropriate, promote partnerships and cooperation with States,
    tribes, and other public and private sector efforts wherever
    possible to improve the safety of the food supply.

    Sec. 5. General Provisions. This order is intended only to
    improve the internal management of the executive branch and is
    not intended to, nor does it, create any right or benefit,
    substantive or procedural, enforceable at law by a party
    against the United States, its agencies, its officers or any
    person. Nothing in this order shall affect or alter the
    statutory responsibilities of any Federal agency charged with
    food safety responsibilities.

                             Executive Order 13112

                                Invasive Species

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              February 3, 1999
    Federal Register page and date:      64 FR 6183, February 8, 1999
    Amended by:                          EO 13286, February 28, 2003
    Revokes:                             EO 11987, May 24, 1977

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the National Environmental Policy Act of 1969, as
    amended (42 U.S.C. 4321 et seq.), Nonindigenous Aquatic
    Nuisance Prevention and Control Act of 1990, as amended (16
    U.S.C. 4701 et seq.), Lacey Act, as amended (18 U.S.C. 42),
    Federal Plant Pest Act (7 U.S.C. 150aa et seq.), Federal
    Noxious Weed Act of 1974, as amended (7 U.S.C. 2801 et seq.),
    Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
    seq.), and other pertinent statutes, to prevent the
    introduction of invasive species and provide for their control
    and to minimize the economic, ecological, and human health
    impacts that invasive species cause, it is ordered as follows:

    Section 1. Definitions.
                (a) ``Alien species'' means, with respect to a
            particular ecosystem, any species, including its seeds,
            eggs, spores, or other biological material capable of
            propagating that species, that is not native to that
            ecosystem.
                (b) ``Control'' means, as appropriate, eradicating,
            suppressing, reducing, or managing invasive species
            populations, preventing spread of invasive species from
            areas where they are present, and taking steps such as
            restoration of native species and habitats to reduce
            the effects of invasive species and to prevent further
            invasions.
                (c) ``Ecosystem'' means the complex of a community
            of organisms and its environment.
                (d) ``Federal agency'' means an executive
            department or agency, but does not include independent
            establishments as defined by 5 U.S.C. 104.
                (e) ``Introduction'' means the intentional or
            unintentional escape, release, dissemination, or
            placement of a species into an ecosystem as a result of
            human activity.
                (f) ``Invasive species'' means an alien species
            whose introduction does or is likely to cause economic
            or environmental harm or harm to human health.
                (g) ``Native species'' means, with respect to a
            particular ecosystem, a species that, other than as a
            result of an introduction, historically occurred or
            currently occurs in that ecosystem.
                (h) ``Species'' means a group of organisms all of
            which have a high degree of physical and genetic
            similarity, generally interbreed only among themselves,
            and show persistent differences from members of allied
            groups of organisms.
                (i) ``Stakeholders'' means, but is not limited to,
            State, tribal, and local government agencies, academic
            institutions, the scientific community, nongovernmental
            entities including environmental, agricultural, and
            conservation organizations, trade groups, commercial
            interests, and private landowners.
                (j) ``United States'' means the 50 States, the
            District of Columbia, Puerto Rico, Guam, and all
            possessions, territories, and the territorial sea of
            the United States.

    Sec. 2. Federal Agency Duties.
                (a) Each Federal agency whose actions may affect
            the status of invasive species shall, to the extent
            practicable and permitted by law,
                        (1) identify such actions;
                        (2) subject to the availability of
                    appropriations, and within Administration
                    budgetary limits, use relevant programs and
                    authorities to:
                                (i) prevent the introduction of
                            invasive species;
                                (ii) detect and respond rapidly to
                            and control populations of such species
                            in a cost-effective and environmentally
                            sound manner;
                                (iii) monitor invasive species
                            populations accurately and reliably;
                                (iv) provide for restoration of
                            native species and habitat conditions
                            in ecosystems that have been invaded;
                                (v) conduct research on invasive
                            species and develop technologies to
                            prevent introduction and provide for
                            environmentally sound control of
                            invasive species; and
                                (vi) promote public education on
                            invasive species and the means to
                            address them; and
                        (3) not authorize, fund, or carry out
                    actions that it believes are likely to cause or
                    promote the introduction or spread of invasive
                    species in the United States or elsewhere
                    unless, pursuant to guidelines that it has
                    prescribed, the agency has determined and made
                    public its determination that the benefits of
                    such actions clearly outweigh the potential
                    harm caused by invasive species; and that all
                    feasible and prudent measures to minimize risk
                    of harm will be taken in conjunction with the
                    actions.
                (b) Federal agencies shall pursue the duties set
            forth in this section in consultation with the Invasive
            Species Council, consistent with the Invasive Species
            Management Plan and in cooperation with stakeholders,
            as appropriate, and, as approved by the Department of
            State, when Federal agencies are working with
            international organizations and foreign nations.

    Sec. 3. Invasive Species Council.
                (a) An Invasive Species Council (Council) is hereby
            established whose members shall include the Secretary
            of State, the Secretary of the Treasury, the Secretary
            of Defense, the Secretary of the Interior, the
            Secretary of Agriculture, the Secretary of Commerce,
            the Secretary of Transportation, the Secretary of
            Homeland Security, and the Administrator of the
            Environmental Protection Agency. The Council shall be
            Co-Chaired by the Secretary of the Interior, the
            Secretary of Agriculture, and the Secretary of
            Commerce. The Council may invite additional Federal
            agency representatives to be members, including
            representatives from subcabinet bureaus or offices with
            significant responsibilities concerning invasive
            species, and may prescribe special procedures for their
            participation. The Secretary of the Interior shall,
            with concurrence of the Co-Chairs, appoint an Executive
            Director of the Council and shall provide the staff and
            administrative support for the Council.
                (b) The Secretary of the Interior shall establish
            an advisory committee under the Federal Advisory
            Committee Act, 5 U.S.C. App., to provide information
            and advice for consideration by the Council, and shall,
            after consultation with other members of the Council,
            appoint members of the advisory committee representing
            stakeholders. Among other things, the advisory
            committee shall recommend plans and actions at local,
            tribal, State, regional, and ecosystem-based levels to
            achieve the goals and objectives of the Management Plan
            in section 5 of this order. The advisory committee
            shall act in cooperation with stakeholders and existing
            organizations addressing invasive species. The
            Department of the Interior shall provide the
            administrative and financial support for the advisory
            committee.

    Sec. 4. Duties of the Invasive Species Council.
        The Invasive Species Council shall provide national
    leadership regarding invasive species, and shall:
                (a) oversee the implementation of this order and
            see that the Federal agency activities concerning
            invasive species are coordinated, complementary, cost-
            efficient, and effective, relying to the extent
            feasible and appropriate on existing organizations
            addressing invasive species, such as the Aquatic
            Nuisance Species Task Force, the Federal Interagency
            Committee for the Management of Noxious and Exotic
            Weeds, and the Committee on Environment and Natural
            Resources;
                (b) encourage planning and action at local, tribal,
            State, regional, and ecosystem-based levels to achieve
            the goals and objectives of the Management Plan in
            section 5 of this order, in cooperation with
            stakeholders and existing organizations addressing
            invasive species;
                (c) develop recommendations for international
            cooperation in addressing invasive species;
                (d) develop, in consultation with the Council on
            Environmental Quality, guidance to Federal agencies
            pursuant to the National Environmental Policy Act on
            prevention and control of invasive species, including
            the procurement, use, and maintenance of native species
            as they affect invasive species;
                (e) facilitate development of a coordinated network
            among Federal agencies to document, evaluate, and
            monitor impacts from invasive species on the economy,
            the environment, and human health;
                (f) facilitate establishment of a coordinated, up-
            to-date information-sharing system that utilizes, to
            the greatest extent practicable, the Internet; this
            system shall facilitate access to and exchange of
            information concerning invasive species, including, but
            not limited to, information on distribution and
            abundance of invasive species; life histories of such
            species and invasive characteristics; economic,
            environmental, and human health impacts; management
            techniques, and laws and programs for management,
            research, and public education; and
                (g) prepare and issue a national Invasive Species
            Management Plan as set forth in section 5 of this
            order.

    Sec. 5. Invasive Species Management Plan.
                (a) Within 18 months after issuance of this order,
            the Council shall prepare and issue the first edition
            of a National Invasive Species Management Plan
            (Management Plan), which shall detail and recommend
            performance-oriented goals and objectives and specific
            measures of success for Federal agency efforts
            concerning invasive species. The Management Plan shall
            recommend specific objectives and measures for carrying
            out each of the Federal agency duties established in
            section 2(a) of this order and shall set forth steps to
            be taken by the Council to carry out the duties
            assigned to it under section 4 of this order. The
            Management Plan shall be developed through a public
            process and in consultation with Federal agencies and
            stakeholders.
                (b) The first edition of the Management Plan shall
            include a review of existing and prospective approaches
            and authorities for preventing the introduction and
            spread of invasive species, including those for
            identifying pathways by which invasive species are
            introduced and for minimizing the risk of introductions
            via those pathways, and shall identify research needs
            and recommend measures to minimize the risk that
            introductions will occur. Such recommended measures
            shall provide for a science-based process to evaluate
            risks associated with introduction and spread of
            invasive species and a coordinated and systematic risk-
            based process to identify, monitor, and interdict
            pathways that may be involved in the introduction of
            invasive species. If recommended measures are not
            authorized by current law, the Council shall develop
            and recommend to the President through its Co-Chairs
            legislative proposals for necessary changes in
            authority. (c) The Council shall update the Management
            Plan biennially and shall concurrently evaluate and
            report on success in achieving the goals and objectives
            set forth in the Management Plan. The Management Plan
            shall identify the personnel, other resources, and
            additional levels of coordination needed to achieve the
            Management Plan's identified goals and objectives, and
            the Council shall provide each edition of the
            Management Plan and each report on it to the Office of
            Management and Budget. Within 18 months after measures
            have been recommended by the Council in any edition of
            the Management Plan, each Federal agency whose action
            is required to implement such measures shall either
            take the action recommended or shall provide the
            Council with an explanation of why the action is not
            feasible. The Council shall assess the effectiveness of
            this order no less than once each 5 years after the
            order is issued and shall report to the Office of
            Management and Budget on whether the order should be
            revised.

    Sec. 6. Judicial Review and Administration.
                (a) This order is intended only to improve the
            internal management of the executive branch and is not
            intended to create any right, benefit, or trust
            responsibility, substantive or procedural, enforceable
            at law or equity by a party against the United States,
            its agencies, its officers, or any other person.
                (b) Executive Order 11987 of May 24, 1977, is
            hereby revoked.
                (c) The requirements of this order do not affect
            the obligations of Federal agencies under 16 U.S.C.
            4713 with respect to ballast water programs.
                (d) The requirements of section 2(a)(3) of this
            order shall not apply to any action of the Department
            of State or Department of Defense if the Secretary of
            State or the Secretary of Defense finds that exemption
            from such requirements is necessary for foreign policy
            or national security reasons.

                             Executive Order 13115

        Interagency Task Force on the Roles and Missions of the United
                               States Coast Guard

                            (As amended by EO 13138)

    =======================================================================

    Signed:                              March 25, 1999
    Federal Register page and date:      64 FR 15283, March 30, 1999
    Amended by:                          EO 13138, September 30, 1999

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, it
    is hereby ordered as follows:

    Section 1.
        (a) The Interagency Task Force on the Roles and Missions
    ofthe United States Coast Guard is established.
        (b) The Task Force shall be composed of one representative
    from the:
                (1) Department of State;
                (2) Department of the Treasury;
                (3) Department of Defense;
                (4) Department of Justice;
                (5) Department of Commerce;
                (6) Department of Labor;
                (7) Department of Transportation;
                (8) Environmental Protection Agency;
                (9) Office of Management and Budget;
                (10) National Security Council;
                (11) Office of National Drug Control Policy;
                (12) Council on Environmental Quality;
                (13) Office of Cabinet Affairs;
                (14) National Economic Council;
                (15) Domestic Policy Council; and
                (16) United States Coast Guard.
                        The Secretary of Transportation shall
                    select from among the Task Force members a
                    Chair and Vice Chair for the Task Force.
        (c) The members of the Task Force shall be officials or
    employees of the Federal Government.

    Sec. 2. Functions.
        (a) The Task Force shall report to the President through
    the Secretary of Transportation, and shall provide advice and
    recommendations regarding the appropriate roles and missions
    for the United States Coast Guard through the Year 2020. While
    the Task Force will comprehensively review all Coast Guard
    roles and missions, it will give special attention to the
    deepwater missions, which are those that generally occur beyond
    50 nautical miles from U.S. shores.
        (b) The Chair shall consult with the Secretary of
    Transportation, Commandant of the Coast Guard, and, as
    appropriate, other heads of departments and agencies. The Chair
    may invite experts to submit information to the Task Force and
    hold field briefings or visits.
        (c) The Chair may acquire services or form teams to carry
    out the functions of the Task Force. The Task Force and/or the
    Task Force staff may travel as necessary to carry out the Task
    Force's functions.

    Sec. 3. Methodology.
        (a) The Task Force will seek to identify and distinguish
    which Coast Guard roles, missions, and functions might be added
    or enhanced; might be maintained at current levels of
    performance; or might be reduced, eliminated, or moved to other
    private organizations or Government agencies. The Task Force
    also will consider whether current Coast Guard roles, missions,
    and functions might be better performed by privateorganizations
    (by contract or otherwise), public authorities, local or State
    governments, or other Federal agencies. The Task Force will
    provide explicit reasons for its recommendations.
        (b) The Task Force will establish explicit criteria for
    screening roles, missions, and functions to determine how and
    by whom they would be best performed.
        (c) For those roles, missions, and functions that the Task
    Force recommends be performed by the Coast Guard, the Task
    Force will advise as to how they might be performed most
    effectively and efficiently.
        (d) The Task Force will consider the impact on Coast Guard
    roles, missions, and functions of future prospects in various
    areas, including technology, demographics, the law of the sea,
    marine pollution, and national security.
        (e) The Task Force shall review each of the Coast Guard's
    law enforcement and national security missions and functions
    according to the methodology described in this section.
    However, in conducting that review, the Task Force shall assume
    that the Coast Guard will remain a law enforcement agency and
    an armed force of the United States.

    Sec. 4. Administration.
        (a) The heads of executive departments and agencies shall,
    to the extent permitted by law, provide the Task Force such
    information with respect to the roles and missions of the Coast
    Guard as it may require to carry out its functions.
        (b) The Coast Guard shall support the Task Force
    administratively and financially.
        (c) The Secretary of Transportation shall appoint a Staff
    Director for the Task Force.
        (d) Assigned staff shall possess a balanced and broad base
    of experience to include persons of experience in national
    security, military operations, foreign and domestic policy,
    international affairs, economic policy, environmental
    protection, and law enforcement. Staff members may include
    military members on active duty, Reserve members of any
    component, and Federal civilian employees.

    Sec. 5. General.
        (a) The Task Force shall exist for a period of 6 months
    from its first meeting unless extended by the Secretary of
    Transportation and, at the conclusion, submit a written report
    as discussed in section 2 of this order.
        (b) The recommendations of the Task Force will be
    considered in determining the appropriate level of investment
    in the Coast Guard's Deepwater Capability Replacement Project,
    a system of cutters and aircraft with an integrated command,
    control, communications, and sensor infrastructure. The Task
    Force may provide an interim report for use in preparation
    ofthe Federal budget for Fiscal Year 2001.

                             Executive Order 13120

          Ordering the Selected Reserve and Certain Individual Ready
               Reserve Members of the Armed Forces to Active Duty

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              April 27, 1999
    Federal Register page and date:      64 FR 23007, April 29, 1999
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 121 and 12304 of title 10, United States
    Code, I hereby determine that it is necessary to augment the
    active armed forces of the United States for the effective
    conduct of operations in and around the former Yugoslavia
    related to the conflict in Kosovo. Further, under the stated
    authority, I hereby authorize the Secretary of Defense, and the
    Secretary of Homeland Security with respect to the Coast Guard
    when it is not operating as a service in the Department of the
    Navy, under their respective jurisdictions, to order to active
    duty any units, and any individual members not assigned to a
    unit organized to serve as a unit, of the Selected Reserve, or
    any member in the Individual Ready Reserve mobilization
    category and designated as essential under regulations
    prescribed by the Secretary concerned, and to terminate the
    service of those units and members ordered to active duty.
        This order is intended only to improve the internal
    management of the executive branch and is not intended to
    create any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its
    agencies, its officers, or any person.

                             Executive Order 13122

           Interagency Task Force on the Economic Development of the
                                Southwest Border

                            (As amended by EO 13284)

    =======================================================================

    Signed:                              May 25, 1999
    Federal Register page and date:      64 FR 29201, May 28, 1999
    Amended by:                          EO 13284, January 23, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to provide a more rapid and integrated Federal
    response to the economic development challenges of the
    Southwest Border region, it is hereby ordered as follows:

    Section 1. Establishment of an Interagency Task Force on the
    Economic Development of the Southwest Border.
                (a) There is established the ``Interagency Task
            Force on the Economic Development of the Southwest
            Border'' (Task Force) that reports to the Vice
            President, as Chair of the President's Community
            Empowerment Board (PCEB), and to the Assistant to the
            President for Economic Policy, as Vice Chair of the
            PCEB.
                (b) The Task Force shall comprise the Secretary of
            State, Secretary of Agriculture, Secretary of Commerce,
            Secretary of Defense, the Attorney General, Secretary
            of the Interior, Secretary of Education, Secretary of
            Health and Human Services, Secretary of Housing and
            Urban Development, Secretary of Energy, Secretary of
            Labor, Secretary of Homeland Security, Secretary of the
            Treasury, Director of the Office of Management and
            Budget, Director of National Drug Control Policy,
            Administrator of General Services, Administrator of the
            Small Business Administration, Administrator of the
            Environmental Protection Agency, or their designees,
            and such other senior executive branch officials as may
            be determined by the Co-Chairs of the Task Force. The
            Secretaries of the Treasury, Agriculture, and Labor
            shall Co-Chair the Task Force, rotating annually. The
            agency chairing the Task Force will provide
            administrative support for the Task Force.
                (c) The purpose of the Task Force is to coordinate
            and better leverage existing Administration efforts for
            the Southwest Border, in concert with locally led
            efforts, in order to increase the living standards and
            the overall economic profile of the Southwest Border so
            that it may achieve the average of the Nation.
            Specifically, the Task Force shall:
                        (1) analyze the existing programs and
                    policies of Task Force members that relate to
                    the Southwest Border to determine what changes,
                    modifications, and innovations should be
                    considered;
                        (2) consider statistical and data analysis,
                    research, and policy studies related to the
                    Southwest Border;
                        (3) develop and recommend short-term and
                    long-term options for promoting sustainable
                    economic development;
                        (4) consult and coordinate activities with
                    State, tribal, and local governments, community
                    leaders, Members of Congress, the private
                    sector, and other interested parties, paying
                    particular attention to maintaining existing
                    authorities of the States, tribes, and local
                    governments, and preserving their existing
                    working relationships with other agencies,
                    organizations, or individuals;
                        (5) coordinate and collaborate on research
                    and demonstration priorities of Task Force
                    member agencies related to the Southwest
                    Border;
                        (6) integrate Administration initiatives
                    and programs into the design of sustainable
                    economic development actions for the Southwest
                    Border; and
                        (7) focus initial efforts on pilot
                    communities for implementing a coordinated and
                    expedited Federal response to local economic
                    development and other needs.
                (d) The Task Force shall issue an interim report to
            the Vice President by November 15, 1999. The Task Force
            shall issue its first annual report to the Vice
            President by April 15, 2000, with subsequent reports to
            follow yearly and a final report on April 15, 2002. The
            reports shall describe the actions taken by, and
            progress of, each member of the Task Force in carrying
            out this order. The Task Force shall terminate 30 days
            after submitting its final report unless a Task Force
            consensus recommends continuation of activities.

    Sec. 2. Specific Activities by Task Force Members and Other
    Agencies.
        The agencies represented on the Task Force shall work
    together and report their actions and progress in carrying out
    this order to the Task Force Chair 1 month before the reports
    are due to the Vice President under section 1(d) of this order.

    Sec. 3. Cooperation.
        All efforts taken by agencies under sections 1 and 2 of
    this order shall, as appropriate, further partnerships and
    cooperation with organizations that represent the Southwest
    Border and with State and local governments.

    Sec. 4.
                (a) ``Agency'' means an executive agency as defined
            in 5 U.S.C. 105.
                (b) The ``Southwest Border'' or ``Southwest Border
            region'' is defined as including the areas up to 150
            miles north of the United States-Mexican border in the
            States of Arizona, New Mexico, Texas, and California.

    Sec. 5. Judicial Review.
        This order does not create any right or benefit,
    substantive or procedural, enforceable at law by a party
    against the United States, its agencies, its officers, or any
    person.

                             Executive Order 13133

               Working Group on Unlawful Conduct on the Internet

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              August 5, 1999
    Federal Register page and date:      64 FR 43895, August 11, 1999
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to address unlawful conduct that involves the use of
    the Internet, it is hereby ordered as follows:

    Section 1. Establishment and Purpose.
                (a) There is hereby established a working group to
            address unlawful conduct that involves the use of the
            Internet (``Working Group''). The purpose of the
            Working Group shall be to prepare a report and
            recommendations concerning:
                        (1) The extent to which existing Federal
                    laws provide a sufficient basis for effective
                    investigation and prosecution of unlawful
                    conduct that involves the use of the Internet,
                    such as the illegal sale of guns, explosives,
                    controlled substances, and prescription drugs,
                    as well as fraud and child pornography.
                        (2) The extent to which new technology
                    tools, capabilities, or legal authorities may
                    be required for effective investigation and
                    prosecution of unlawful conduct that involves
                    the use of the Internet; and
                        (3) The potential for new or existing tools
                    and capabilities to educate and empower
                    parents, teachers, and others to prevent or to
                    minimize the risks from unlawful conduct that
                    involves the use of the Internet.
                (b) The Working Group shall undertake this review
            in the context of current Administration Internet
            policy, which includes support for industry self-
            regulation where possible, technology-neutral laws and
            regulations, and an appreciation of the Internet as an
            important medium both domestically and internationally
            for commerce and free speech.

    Sec. 2. Schedule. The Working Group shall complete its work to
    the greatest extent possible and present its report and
    recommendations to the President and Vice President within 120
    days of the date of this order. Prior to such presentation, the
    report and recommendations shall be circulated through the
    Office of Management and Budget for review and comment by all
    appropriate Federal agencies.

    Sec. 3. Membership.
                (a) The Working Group shall be composed of the
            following members:
                        (1) The Attorney General (who shall serve
                    as Chair of the Working Group).
                        (2) The Director of the Office of
                    Management and Budget.
                        (3) The Secretary of the Treasury.
                        (4) The Secretary of Commerce.
                        (5) The Secretary of Education.
                        (6) The Secretary of Homeland Security.
                        (7) The Director of the Federal Bureau of
                    Investigation.
                        (8) The Director of the Bureau of Alcohol,
                    Tobacco and Firearms.
                        (9) The Administrator of the Drug
                    Enforcement Administration.
                        (10) The Chair of the Federal Trade
                    Commission.
                        (11) The Commissioner of the Food and Drug
                    Administration; and
                        (12) Other Federal officials deemed
                    appropriate by the Chair of the Working Group.
                (b) The co-chairs of the Interagency Working Group
            on Electronic Commerce shall serve as liaison to and
            attend meetings of the Working Group. Members of the
            Working Group may serve on the Working Group through
            designees.

                             Executive Order 13151

                      Global Disaster Information Network

                            (As amended by EO 13284)

    =======================================================================

    Signed:                              May 23, 1979
    Federal Register page and date:      65 FR 25619, May 2, 2000
    Amended by:                          EO 13284, January 23, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to establish a Global Disaster Information Network to
    use information technology more effectively to reduce loss of
    life and property from natural and man-made disasters, it is
    hereby ordered as follows:

    Section 1. Policy.
                (a) It is the policy of this Administration to use
            information technology more effectively to coordinate
            the Federal Government's collection and dissemination
            of information to appropriate response agencies and
            State governments to prepare for and respond to natural
            and man-made disasters (disasters). As a result of
            changing population demographics in our coastal, rural,
            and urban areas over the past decades, the loss of life
            and property (losses) from disasters has nearly
            doubled. One of the ways the Federal Government can
            reduce these losses is to use technology more
            effectively to coordinate its collection and
            dissemination (hereafter referred to collectively as
            ``provision'') of information which can be used in both
            planning for and recovering from disasters. While many
            agencies provide disasterrelated information, they may
            not always provide it in a coordinated manner. To
            improve the provision of disaster-related information,
            the agencies shall, as set out in this order, use
            information technology to coordinate the Federal
            Government's provision of information to prepare for,
            respond to, and recover from domestic disasters.
                (b) It is also the policy of this Administration to
            use information technology and existing channels of
            disaster assistance to improve the Federal Government's
            provision of information that could be helpful to
            foreign governments preparing for or responding to
            foreign disasters. Currently, the United States
            Government provides disaster-related information to
            foreign governments and relief organizations on
            humanitarian grounds at the request of foreign
            governments and where appropriate. This information is
            supplied by Federal agencies on an ad hoc basis. To
            increase the effectiveness of our response to foreign
            disasters, agencies shall, where appropriate, use
            information technology to coordinate the Federal
            Government's provision of disaster-related information
            to foreign governments.
                (c) To carry out the policies in this order, there
            is established the Global Disaster Information Network
            (Network). The Network is defined as the coordinated
            effort by Federal agencies to develop a strategy and to
            use existing technical infrastructure, to the extent
            permitted by law and subject to the availability of
            appropriations and under the guidance of the
            Interagency Coordinating Committee and the Committee
            Support Office, to make more effective use of
            information technology to assist our Government, and
            foreign governments where appropriate, by providing
            disaster-related information to prepare for and respond
            to disasters.

    Sec. 2. Establishment.
                (a) There is established an Interagency
            Coordinating Committee (Committee) to provide
            leadership and oversight for the development of the
            Network. The Office of the Vice President, the
            Department of Commerce through the National Oceanic and
            Atmospheric Administration, and the Department of
            State, respectively, shall designate a representative
            to serve as Co-chairpersons of the Committee. The
            Committee membership shall comprise representatives
            from the following departments and agencies:
                        (1) Department of State;
                        (2) Department of Defense;
                        (3) Department of the Interior;
                        (4) Department of Agriculture;
                        (5) Department of Commerce;
                        (6) Department of Transportation;
                        (7) Department of Energy;
                        (8) Department of Homeland Security;
                        (9) Office of Management and Budget;
                        (10) Environmental Protection Agency;
                        (11) National Aeronautics and Space
                    Administration;
                        (12) United States Agency for International
                    Development;
                        (13) Federal Emergency Management Agency;
                    and
                        (14) Central Intelligence Agency.
                        At the discretion of the Co-chairpersons of
                    the Committee, other agencies may be added to
                    the Committee membership. The Committee shall
                    include an Executive Secretary to effect
                    coordination between the Co-chairpersons of the
                    Committee and the Committee Support Office.
                (b) There is established a Committee Support Office
            (Support Office) to assist the Committee by developing
            plans and projects that would further the creation of
            the Network. The Support Office shall, at the request
            of the Co-chairpersons of the Committee, carry out
            tasks taken on by the Committee.
                (c) The National Oceanic and Atmospheric
            Administration shall provide funding and administrative
            support for the Committee and the Support Office. To
            the extent permitted by law, agencies may provide
            support to the Committee and the Support Office to
            assist them in their work.

    Sec. 3. Responsibilities.
                (a) The Committee shall:
                        (1) serve as the United States Government's
                    single entity for all matters, both national
                    and international, pertaining to the
                    development and establishment of the Network;
                        (2) provide leadership and high-level
                    coordination of Network activities;
                        (3) provide guidance for the development of
                    Network strategies, goals, objectives,
                    policies, and legislation;
                        (4) represent and advocate Network goals,
                    objectives, and processes to their respective
                    agencies and departments;
                        (5) provide manpower and material support
                    for Network development activities;
                        (6) develop, delegate, and monitor
                    interagency opportunities and ideas supporting
                    the development of the Network; and
                        (7) provide reports, through the Co-
                    chairpersons of the Committee, to the President
                    as requested or at least annually.
                (b) The Support Office shall:
                        (1) provide management and administrative
                    support for the Committee;
                        (2) develop Network strategies, goals,
                    objectives, policies, plans, and legislation in
                    accordance with guidance provided by the
                    Committee;
                        (3) consult with agencies, States,
                    nongovernment organizations, and international
                    counterparts in developing Network development
                    tasks;
                        (4) develop and make recommendations
                    concerning Network activities to the agencies
                    as approved by the Committee; and
                        (5) participate in projects that promote
                    the goals and objectives of the Network.

    Sec. 4. Implementation.
                (a) The Committee, with the assistance of the
            Support Office, shall address national and
            international issues associated with the development of
            the Network within the context of:
                        (1) promoting the United States as an
                    example and leader in the development and
                    dissemination of disaster information, both
                    domestically and abroad, and, to this end,
                    seeking cooperation with foreign governments
                    and international organizations;
                        (2) striving to include all appropriate
                    stakeholders in the development of the Network;
                    and
                        (3) facilitating the creation of a
                    framework that involves public and private
                    stakeholders in a partnership for sustained
                    operations of the Network.
                (b) Intelligence activities, as determined by the
            Director of the Central Intelligence Agency, as well as
            national security-related activities of the Department
            of Defense and of the Department of Energy, are exempt
            from compliance with this order.

    Sec. 5. Tribal Governments.
        This order does not impose any requirements on tribal
    governments.

    Sec. 6. Judicial Review.
        This order does not create any right or benefit,
    substantive or procedural, enforceable by law, by a party
    against the United States, its officers, its employees, or any
    other person.

                             Executive Order 13154

                     Establishing the Kosovo Campaign Medal

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              May 3, 2000
    Federal Register page and date:      65 FR 26479, May 5, 2000
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including my authority as Commander in Chief of the Armed
    Forces of the United States, it is hereby ordered as follows:

    Section 1. Kosovo Campaign Medal.
        There is hereby established the Kosovo Campaign Medal with
    suitable appurtenances. Except as limited in section 2 of this
    order, and under uniform regulations to be prescribed by the
    Secretaries of the Military Departments and approved by the
    Secretary of Defense, or under regulations to be prescribed by
    the Secretary of Homeland Security with respect to the Coast
    Guard when it is not operating as a service in the Navy, the
    Kosovo Campaign Medal shall be awarded to members of the Armed
    Forces of the United States who serve or have served in Kosovo
    or contiguous waters or airspace, as defined by such
    regulations, after March 24, 1999, and before a terminal date
    to be prescribed by the Secretary of Defense.

    Sec. 2. Relationship to Other Awards.
        Notwithstanding section 3 of Executive Order 10977 of
    December 4, 1961, establishing the Armed Forces Expeditionary
    Medal and section 3 of Executive Order 12985 of January 11,
    1996, establishing the Armed Forces Service Medal, any member
    who qualified for those medals by reasons of service in Kosovo
    between March 24, 1999, and May 1, 2000, shall remain qualified
    for those medals. Upon application, any such member may be
    awarded the Kosovo Campaign Medal in lieu of the Armed Forces
    Expeditionary Medal or the Armed Forces Service Medal, but no
    person may be awarded more than one of these three medals by
    reason of service in Kosovo, and no person shall be entitled to
    more than one award of the Kosovo Campaign Medal.

    Sec. 3. Posthumous Award.
        The Kosovo Campaign Medal may be awarded posthumously to
    any person covered by and under regulations prescribed in
    accordance with the first section of this order.

                             Executive Order 13165

         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

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              May 23, 1979
    Federal Register page and date:      65 FR 49469, August 14, 2000
    Amended by:                          EO 13286, 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 Office of National Drug Control Reauthorization
    Act of 1998, (21 U.S.C. 1701 et seq.), and in order to develop
    recommendations for Federal agency actions to address the use
    of drugs in sports, in particular among young people, it is
    hereby ordered as follows:

    Section 1. Policy.
        The use of drugs in sports has reached a level that
    endangers not just the legitimacy of athletic competition but
    also the lives and health of athletes-from the elite ranks to
    youth leagues. The National Household Survey on Drug Abuse
    issued in 1999 found that in just 1 year's time the rate of
    steroid use among young people rose roughly 50 percent among
    both sexes and across all age groups. It is the policy of my
    Administration to take the steps needed to help eliminate
    illicit or otherwise banned drug use and doping in sports at
    the State, national, and international level.

    Sec. 2. Establishment of a White House Task Force on Drug Use
    in Sports.
                (a) There is established a White House Task Force
            on Drug Use in Sports (Task Force). The Task Force
            shall comprise the co-vice chairs of the White House
            Olympic Task Force (the ``Olympic Task Force Vice
            Chairs''), and representatives designated by the Office
            of National Drug Control Policy, the Department of
            Health and Human Services, the Department of Labor, the
            President's Council on Physical Fitness and Sports, the
            Office of Management and Budget, the National Security
            Council, the Department of State, the Department of the
            Treasury, the Department of Education, the Department
            of Justice, the Department of Transportation, the
            Department of Homeland Security, the National Institute
            on Drug Abuse, and the Substance Abuse and Mental
            Health Services Administration.
                (b) The Task Force shall develop recommendations
            for the President on further executive and legislative
            actions that can be undertaken to address the problem
            of doping and drug use in sports. In developing the
            recommendations, the Task Force shall consider, among
            other things:
                        (i) the health and safety of America's
                    athletes, in particular our Nation's young
                    people;
                        (ii) the integrity of honest athletic
                    competition; and (iii) the views and
                    recommendations of State and local governments,
                    the private sector, citizens, community groups,
                    and nonprofit organizations, on actions to
                    address this threat. The Task Force, through
                    its Chairs, shall submit its recommendations to
                    the President.
                (c) The Director of the Office of National Drug
            Control Policy (the Director), the Secretary of the
            Department of Health and Human Services, and the
            Olympic Task Force Vice Chairs or their designees shall
            serve as the Task Force Chairs.
                (d) To the extent permitted by law and at the
            request of the Chairs, agencies shall cooperate with
            and provide information to the Task Force.

    Sec. 3. Participation in the World Anti-Doping Agency.
                (a) As part of my Administration's efforts to
            address the problem of drug use in sports, the United
            States has played a leading role in the formation of a
            World Anti-Doping Agency (WADA) by the Olympic and
            sports community and the nations of the world. Through
            these efforts, the United States has been selected to
            serve as a governmental representative on the board of
            the WADA. This order will authorize the Director to
            serve as the United States Government's representative
            on the WADA board.
                (b) Pursuant to 21 U.S.C. 1701 et seq., the
            Director, or in his absence his designee, is hereby
            authorized to take all necessary and proper actions to
            execute his responsibilities as United States
            representative to the WADA.
                (c) To assist the Director in carrying out these
            responsibilities as the United States Government
            representative to the WADA and to the extent permitted
            by law, Federal employees may serve in their official
            capacity, inter alia, on WADA Committees or WADA
            advisory committees, serving as experts to the WADA.

    =======================================================================

                           Executive Orders Issued by

                            President George W. Bush

                                  (2001-2009)

                          Executive Orders 13232-13486

    =======================================================================

                             Executive Order 13212

                  Actions To Expedite Energy-Related Projects

                       (As amended by EO 13286, EO 13302)

    =======================================================================

    Signed:                              May 18, 2001
    Federal Register page and date:      66 FR 28357, May 22, 2001
    Amended by:                          EO 13286, February 28, 2003
                                         EO 13302, May 15, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to take additional steps to expedite the increased
    supply and availability of energy to our Nation, it is hereby
    ordered as follows:

    Section 1. Policy. The increased production and transmission of
    energy in a safe and environmentally sound manner is essential
    to the well-being of the American people. In general, it is the
    policy of this Administration that executive departments and
    agencies (agencies) shall take appropriate actions, to the
    extent consistent with applicable law, to expedite projects
    that will increase the production, transmission, or
    conservation of energy and projects that will strengthen
    pipeline safety.

    Sec. 2. Actions to Expedite Energy-Related Projects.
        For energy-related projects (including pipeline safety
    projects), agencies shall expedite their review of permits or
    take other actions as necessary to accelerate the completion of
    such projects, while maintaining safety, public health, and
    environmental protections. The agencies shall take such actions
    to the extent permitted by law and regulation, and where
    appropriate.

    Sec. 3. Interagency Task Force.
                (a) There is established, within the Department of
            Energy for administrative purposes, an interagency task
            force (Task Force) to perform the following functions:
                        (i) monitor and assist the agencies in
                    their efforts to expedite their reviews of
                    permits or similar actions, as necessary, to
                    accelerate the completion of energy-related
                    projects (including pipeline safety projects),
                    increase energy production and conservation,
                    and improve the transmission of energy;
                        (ii) monitor and assist agencies in setting
                    up appropriate mechanisms to coordinate
                    Federal, State, tribal, and local permitting in
                    geographic areas where increased permitting
                    activity is expected; and
                        (iii) perform the functions of the
                    interagency committee for which section 60133
                    of title 49, United States Code, provides.
                (b)(i) The Task Force shall consist exclusively of
            the following members:
                                (A) in the performance of all Task
                            Force functions set out in sections
                            3(a)(i) and (ii) of this order, the
                            Secretaries of State, the Treasury,
                            Defense, Agriculture, Housing and Urban
                            Development, Commerce, Transportation,
                            the Interior, Labor, Education, Health
                            and Human Services, Energy, and
                            Veterans Affairs, the Attorney General,
                            the Administrator of the Environmental
                            Protection Agency, the Director of
                            Central Intelligence, the Administrator
                            of General Services, the Director of
                            the Office of Management and Budget,
                            the Chairman of the Council of Economic
                            Advisers, the Assistant to the
                            President for Domestic Policy, the
                            Assistant to the President for Economic
                            Policy, and such other heads of
                            agencies as the Chairman of the Council
                            on Environmental Quality may designate;
                            and
                                (B) in the performance of the
                            functions to which section 3(a)(iii) of
                            this order refers, the officers listed
                            in section 60133(a)(2)(A)-(H) of title
                            49, United States Code, and such other
                            representatives of Federal agencies
                            with responsibilities relating to
                            pipeline repair projects as the
                            Chairman of the Council on
                            Environmental Quality may designate.
                        (ii) A member of the Task Force may
                    designate, to perform the Task Force functions
                    of the member, a full-time officer or employee
                    of that member's agency or office.
                (c) The Chairman of the Council on Environmental
            Quality shall chair the Task Force.
                (d) Consultation in the implementation of this
            order with State and local officials and other persons
            who are not full-time or permanent parttime employees
            of the Federal Government shall be conducted in a
            manner that elicits fully the individual views of each
            official or other person consulted, without
            deliberations or efforts to achieve consensus on advice
            or recommendations.
                (e) This order shall be implemented in a manner
            consistent with the President's constitutional
            authority to supervise the unitary executive branch.

    Sec. 4. Judicial Review. Nothing in this order shall affect any
    otherwise available judicial review of agency action. This
    order is intended only to improve the internal management of
    the Federal Government and does not create any right or
    benefit, substantive or procedural, enforceable at law or
    equity by a party against the United States, its agencies or
    instrumentalities,its officers or employees, or any other
    person.

                             Executive Order 13223

         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 by EO 13253, EO 13286)

    =======================================================================

    Signed:                              September 14, 2001
    Federal Register page and date:      66 FR 48201, September 18, 2001
    Amended by:                          EO 13253, January 16, 2002
                                         EO 13286, 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 National Emergencies Act (50 U.S.C. 1601 et seq.)
    and section 301 of title 3, United States Code, and in
    furtherance of the proclamation of September 14, 2001,
    Declaration of National Emergency by Reason of Certain
    Terrorist Attacks, which declared a national emergency by
    reason of the terrorist attacks on the World Trade Center, New
    York, New York, and the Pentagon, and the continuing and
    immediate threat of further attacks on the United States, I
    hereby order as follows:

    Section 1. To provide additional authority to the Department of
    Defense and the Department of Homeland Security to respond to
    the continuing and immediate threat of further attacks on the
    United States, the authority under title 10, United States
    Code, to order any unit, and any member of the Ready Reserve
    not assigned to a unit organized to serve as a unit, in the
    Ready Reserve to active duty for not more than 24 consecutive
    months, is invoked and made available, according to its terms,
    to the Secretary concerned, subject in the case of the
    Secretaries of the Army, Navy, and Air Force, to the direction
    of the Secretary of Defense. The term ``Secretary concerned''
    is defined in section 101(a)(9) of title 10, United States
    Code, to mean the Secretary of the Army with respect to the
    Army; the Secretary of the Navy with respect to the Navy, the
    Marine Corps, and the Coast Guard when it is operating as a
    service in the Navy; the Secretary of the Air Force with
    respect to the Air Force; and the Secretary of Homeland
    Security with respect to the Coast Guard when it is not
    operating as a service in the Navy.

    Sec. 2. To allow for the orderly administration of personnel
    within the armed forces, the following authorities vested in
    the President are hereby invoked to the full extent provided by
    the terms thereof: section 527 of title 10, United States Code,
    to suspend the operation of sections 523, 525, and 526 of that
    title, regarding officer and warrant officer strength and
    distribution; and sections 123, 123a, and 12006 of title 10,
    United States Code, to suspend certain laws relating to
    promotion, involuntary retirement, and separation of
    commissioned officers; end strength limitations; and Reserve
    component officer strength limitations.

    Sec. 3. To allow for the orderly administration of personnel
    within the armed forces, the authorities vested in the
    President by sections 331, 359, and 367 of title 14, United
    States Code, relating to the authority to order to active duty
    certain officers and enlisted members of the Coast Guard and to
    detain enlisted members, are invoked to the full extent
    provided by the terms thereof.

    Sec. 4. The Secretary of Defense is hereby designated and
    empowered, without the approval, ratification, or other action
    by the President, to exercise the authority vested in the
    President by sections 123, 123a, 527, and 12006 of title 10,
    United States Code, as invoked by sections 2 and 3 of this
    order.

    Sec. 5. The Secretary of Homeland Security is hereby designated
    and empowered, without the approval, ratification, or other
    action by the President, to exercise the authority vested in
    sections 331, 359, and 367 of title 14, United States Code,
    when the Coast Guard is not serving as part of the Navy, as
    invoked by section 2 of this order, to recall any regular
    officer or enlisted member on the retired list to active duty
    and to detain any enlisted member beyond the term of his or her
    enlistment. The Secretary of Homeland Security is further
    designated and empowered, without the approval, ratification or
    any other action by the President, to exercise the authority
    vested in the President by sections 123 and 123a of title 10,
    United States Code, and sections 149 (detail members to assist
    foreign governments), 275(a) (suspension of provisions on
    selection, promotion, or involuntary separation of officers),
    and 722 (administration of reserve forces) of title 14, United
    States Code, as invoked by section 2 of Executive Order 13223.

    Sec. 6. The authority delegated by this order to the Secretary
    of Defense and the Secretary of Homeland Security may be
    redelegated and further subdelegated to civilian subordinates
    who are appointed to their offices by the President, by and
    with the advice and consent of the Senate.

    Sec. 7. Based upon my determination under 10 U.S.C. 2201(c)
    that it is necessary to increase (subject to limits imposed by
    law) the number of members of the armed forces on active duty
    for the Department of Defense beyond the number for which funds
    are provided in the appropriation Act for the Department of
    Defense, which, by virtue of 14 U.S.C. 652, applies to the
    Department of Homeland Security with respect to the Coast
    Guard,the Secretary of Defense and the Secretary of Homeland
    Security may provide for the cost of such additional members
    under their respective jurisdictions as an excepted expense
    under section 11(a) of title 41, United States Code.

    Sec. 8. This order is intended only to improve the internal
    management of the executive branch, and is not intended to
    create any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its
    agencies, its officers, or any person.

    Sec. 9. This order is effective immediately and shall be
    promptly transmitted to the Congress and published in the
    Federal Register.

                             Executive Order 13224

        Blocking Property and Prohibiting Transactions with Persons Who
                Commit, Threaten to Commit, or Support Terrorism

                  (As amended by EO 13268, EO 13284, EO 13372)

    =======================================================================

    Signed:                              September 23, 2001
    Federal Register page and date:      66 FR 49079, September 25, 2001
    Amended by:                          EO 13268, July 2, 2002
                                         EO 13284, January 23, 2003
                                         EO 13372, February 16, 2005

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.)(IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), section 5 of the United Nations
    Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA),
    and section 301 of title 3, United States Code, and in view of
    United Nations Security Council Resolution (UNSCR) 1214 of
    December 8, 1998, UNSCR 1267 of October 15, 1999, UNSCR 1333 of
    December 19, 2000, and the multilateral sanctions contained
    therein, and UNSCR 1363 of July 30, 2001, establishing a
    mechanism to monitor the implementation of UNSCR 1333,
        I, George W. Bush, President of the United States of
    America, find that grave acts of terrorism and threats of
    terrorism committed by foreign terrorists, including the
    terrorist attacks in New York, Pennsylvania, and the Pentagon
    committed on September 11, 2001, acts recognized and condemned
    in UNSCR 1368 of September 12, 2001, and UNSCR 1269 of October
    19, 1999, and the continuing and immediate threat of further
    attacks on United States nationals or the United States
    constitute an unusual and extraordinary threat to the national
    security, foreign policy, and economy of the United States, and
    in furtherance of my proclamation of September 14, 2001,
    Declaration of National Emergency by Reason of Certain
    Terrorist Attacks, hereby declare a national emergency to deal
    with that threat. I also find that because of the pervasiveness
    and expansiveness of the financial foundation of foreign
    terrorists, financial sanctions may be appropriate for those
    foreign persons that support or otherwise associate with these
    foreign terrorists. I also find that a need exists for further
    consultation and cooperation with, and sharing of information
    by, United States and foreign financial institutions as an
    additional tool to enable the United States to combat the
    financing of terrorism.
        I hereby order:

    Section 1. Except to the extent required by section 203(b) of
    IEEPA (50 U.S.C. 1702(b)), or provided in regulations, orders,
    directives, or licenses that may be issued pursuant to this
    order, and notwithstanding any contract entered into or any
    license or permit granted prior to the effective date of this
    order, all property and interests in property of the following
    persons that are in the United States or that hereafter come
    within the United States, or that hereafter come within the
    possession or control of United States persons are blocked:
                (a) foreign persons listed in the Annex to this
            order;
                (b) foreign persons determined by the Secretary of
            State, in consultation with the Secretary of the
            Treasury, the Secretary of Homeland Security, and the
            Attorney General, to have committed, or to pose a
            significant risk of committing, acts of terrorism that
            threaten the security of U.S. nationals or the national
            security, foreign policy, or economy of the United
            States;
                (c) persons determined by the Secretary of the
            Treasury, in consultation with the Secretary of State,
            the Secretary of Homeland Security, and the Attorney
            General, to be owned or controlled by, or to act for or
            on behalf of those persons listed in the Annex to this
            order or those persons determined to be subject to
            subsection 1(b), 1(c), or 1(d)(i) of this order;
                (d) except as provided in section 5 of this order
            and after such consultation, if any, with foreign
            authorities as the Secretary of State, in consultation
            with the Secretary of the Treasury, the Secretary of
            Homeland Security, and the Attorney General, deems
            appropriate in the exercise of his discretion, persons
            determined by the Secretary of the Treasury, in
            consultation with the Secretary of State, the Secretary
            of Homeland Security, and the Attorney General;
                        (i) to assist in, sponsor, or provide
                    financial, material, or technological support
                    for, or financial or other services to or in
                    support of, such acts of terrorism or those
                    persons listed in the Annex to this order or
                    determined to be subject to this order; or
                        (ii) to be otherwise associated with those
                    persons listed in the Annex to this order or
                    those persons determined to be subject to
                    subsection 1(b), 1(c), or 1(d)(i) of this
                    order.

    Sec. 2. Except to the extent required by section 203(b) of
    IEEPA (50 U.S.C. 1702(b)), or provided in regulations, orders,
    directives, or licenses that may be issued pursuant to this
    order, and notwithstanding any contract entered into or any
    license or permit granted prior to the effective date:
                (a) any transaction or dealing by United States
            persons or within the United States in property or
            interests in property blocked pursuant to this order is
            prohibited, including but not limited to the making or
            receiving of any contribution of funds, goods, or
            services to or for the benefit of those persons listed
            in the Annex to this order or determined to be subject
            to this order;
                (b) any transaction by any United States person or
            within the United States that evades or avoids, or has
            the purpose of evading or avoiding, or attempts to
            violate, any of the prohibitions set forth in this
            order is prohibited; and
                (c) any conspiracy formed to violate any of the
            prohibitions set forth in this order is prohibited.

    Sec. 3. For purposes of this order:
                (a) the term ``person'' means an individual or
            entity;
                (b) the term ``entity'' means a partnership,
            association, corporation, or other organization, group,
            or subgroup;
                (c) the term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States
            (including foreign branches), or any person in the
            United States; and
                (d) the term ``terrorism'' means an activity that_
                        (i) involves a violent act or an act
                    dangerous to human life, property, or
                    infrastructure; and
                        (ii) appears to be intended-
                                (A) to intimidate or coerce a
                            civilian population;
                                (B) to influence the policy of a
                            government by intimidation or coercion;
                            or
                                (C) to affect the conduct of a
                            government by mass destruction,
                            assassination, kidnapping, or hostage-
                            taking.

    Sec. 4.  I hereby determine that the making of donations of the
    type of articles specified in section 203(b)(2) of IEEPA (50
    U.S.C. 1702(b)(2)), by, to, or for the benefit of, any persons
    determined to be subject to this order would seriously impair
    my ability to deal with the national emergency declared in this
    order, and would endanger Armed Forces of the United States
    that are in a situation where imminent involvement in
    hostilities is clearly indicated by the circumstances, and I
    hereby prohibit such donations as provided by section 1 of this
    order. Furthermore, I hereby determine that the Trade Sanctions
    Reform and Export Enhancement Act of 2000 (Title IX, Public Law
    106-387) shall not affect the imposition or the continuation of
    the imposition of any unilateral agricultural sanction or
    unilateral medical sanction on any person determined to be
    subject to this order because imminent involvement of the Armed
    Forces of the United States in hostilities is clearly indicated
    by the circumstances.

    Sec. 5. With respect to those persons designated pursuant to
    subsection 1(d) of this order, the Secretary of the Treasury,
    in the exercise of his discretion and in consultation with the
    Secretary of State, the Secretary of Homeland Security, and the
    Attorney General, may take such other actions than the complete
    blocking of property or interests in property as the President
    is authorized to take under IEEPA and UNPA if the Secretary of
    the Treasury, in consultation with the Secretary of State, the
    Secretary of Homeland Security, and the Attorney General, deems
    such other actions to be consistent with the national interests
    of the United States, considering such factors as he deems
    appropriate.

    Sec. 6. The Secretary of State, the Secretary of the Treasury,
    and other appropriate agencies shall make all relevant efforts
    to cooperate and coordinate with other countries, including
    through technical assistance, as well as bilateral and
    multilateral agreements and arrangements, to achieve the
    objectives of this order, including the prevention and
    suppression of acts of terrorism, the denial of financing and
    financial services to terrorists and terrorist organizations,
    and the sharing of intelligence about funding activities in
    support of terrorism.

    Sec. 7. The Secretary of the Treasury, in consultation with the
    Secretary of State, the Secretary of Homeland Security, and the
    Attorney General, is hereby authorized to take such actions,
    including the promulgation of rules and regulations, and to
    employ all powers granted to the President by IEEPA and UNPA as
    may be necessary to carry out the purposes of this order. The
    Secretary of the Treasury may redelegate any of these functions
    to other officers and agencies of the United States Government.
    All agencies of the United States Government are hereby
    directed to take all appropriate measures within their
    authority to carry out the provisions of this order.

    Sec. 8. Nothing in this order is intended to affect the
    continued effectiveness of any rules, regulations, orders,
    licenses, or other forms of administrative action issued,
    taken, or continued in effect heretofore or hereafter under 31
    C.F.R. chapter V, except as expressly terminated, modified, or
    suspended by or pursuant to this order.

    Sec. 9. Nothing contained in this order is intended to create,
    nor does it create, any right, benefit, or privilege,
    substantive or procedural, enforceable at law by a party
    against the United States, its agencies, officers, employees or
    any other person.

    Sec. 10. For those persons listed in the Annex to this order or
    determined to be subject to this order who might have a
    constitutional presence in the United States, I find that
    because of the ability to transfer funds or assets
    instantaneously, prior notice to such persons of measures to be
    taken pursuant to this order would render these measures
    ineffectual. I therefore determine that for these measures to
    be effective in addressing the national emergency declared in
    this order, there need be no prior notice of a listing or
    determination made pursuant to this order.

    Sec. 11.
                (a) This order is effective at 12:01 a.m. eastern
            daylight time on September 24, 2001.
                (b) This order shall be transmitted to the Congress
            and published in the Federal Register.

                                     Annex

        Al Qaida / Islamic Army
        Abu Sayyaf Group
        Armed Islamic Group (GIA)
        Harakat ul-Mujahidin (HUM)
        Al-Jihad (Egyptian Islamic Jihad)
        Islamic Movement of Uzbekistan (IMU)
        Asbat al-Anser
        Salafist Group for Call and Combat (GSPC)
        Libyan Islamic Fighting Group
        Al-Ithihaad al-Islamiya (AIAI)
        Islamic Army of Aden
        Usama bin Laden
        Muhhamd Atif (aka, Subhi Abu Sitta, Abu Hafa Masri)
        Sayf al-Adi
        Shaykh Sai'id (aka, Mustafa Muhammad Ahmed)
        Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid,
    Khalis Al-Shanqiti)
        Ibn Al-Shaykh al-Libi
        Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)
        Abd al-Hadi al-Iraqi (aka, Abu Abdallah)
        Ayman al-Zawahiri
        Thirwat Salah Shihata
        Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)
        Muhammaf Salah (aka, Nasr Gahmi Nasr Hasanayn)
        Makhtab Al-Khidanat / Al Kifah
        Wafa Humanitarian Organization
        Al Rashid Trust
        Mamoun Darkazanli Import-Export Company
        Mohammed Omar (aka, Amir al-Mumineen [Commander of the
    Faithful])
        The Taliban

        Executive Order 13268 of July 2, 2002. Termination of
    Emergency With Respect to the Taliban andAmendment of Executive
    Order 13224 of September 23, 2001 [Sec. 2. For the purposes of
    this order and Executive Order 13224 of September 23, 2001, the
    term ``the Taliban'' is also known as the `Taleban,'' ``Islamic
    Movement of Taliban,'' ``the Taliban Islamic Movement,''
    ``Talibano Islami Tahrik,'' and ``Tahrike Islami'a Taliban''.
    The Secretary of State, in consultation with the Secretary of
    the Treasury, is hereby authorized to modify the definition of
    the term ``the Taliban,'' as appropriate.]

                             Executive Order 13228

           Establishing the Office of Homeland Security and Homeland
                                Security Council

                       (As amended by EO 13284, EO 13286)

    =======================================================================

    Signed:                              October 8, 2001
    Federal Register page and date:      66 FR 51812, October 10, 2001
    Amended by:                          EO 13284, January 23, 2003
                                         EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, it
    is hereby ordered as follows:
    Section 1. Establishment.
        I hereby establish within the Executive Office of the
    President an Office of Homeland Security (the ``Office'') to be
    headed by the Assistant to the President for Homeland Security.

    Sec. 2. Mission. The mission of the Office shall be to develop
    and coordinate the implementation of a comprehensive national
    strategy to secure the United States from terrorist threats or
    attacks. The Office shall perform the functions necessary to
    carry out this mission, including the functions specified in
    section 3 of this order.

    Sec. 3. Functions. The functions of the Office shall be to
    coordinate the executive branch's efforts to detect, prepare
    for, prevent, protect against, respond to, and recover from
    terrorist attacks within the United States.
                (a) National Strategy. The Office shall work with
            executive departments and agencies, State and local
            governments, and private entities to ensure the
            adequacy of the national strategy for detecting,
            preparing for, preventing, protecting against,
            responding to, and recovering from terrorist threats or
            attacks within the United States and shall periodically
            review and coordinate revisions to that strategy as
            necessary.
                (b) Detection. The Office shall identify priorities
            and coordinate efforts for collection and analysis of
            information within the United States regarding threats
            of terrorism against the United States and activities
            of terrorists or terrorist groups within the United
            States. The Office also shall identify, in coordination
            with the Assistant to the President for National
            Security Affairs, priorities for collection of
            intelligence outside the United States regarding
            threats of terrorism within the United States.
                        (i) In performing these functions, the
                    Office shall work with Federal, State, and
                    local agencies, as appropriate, to:
                                (A) facilitate collection from
                            State and local governments and private
                            entities of information pertaining to
                            terrorist threats or activities within
                            the United States;
                                (B) coordinate and prioritize the
                            requirements for foreign intelligence
                            relating to terrorism within the United
                            States of executive departments and
                            agencies responsible for homeland
                            security and provide these requirements
                            and priorities to the Director of
                            Central Intelligence and other agencies
                            responsible for collection of foreign
                            intelligence;
                                (C) coordinate efforts to ensure
                            that all executive departments and
                            agencies that have intelligence
                            collection responsibilities have
                            sufficient technological capabilities
                            and resources to collect intelligence
                            and data relating to terrorist
                            activities or possible terrorist acts
                            within the United States, working with
                            the Assistant to the President for
                            National Security Affairs, as
                            appropriate;
                                (D) coordinate development of
                            monitoring protocols and equipment for
                            use in detecting the release of
                            biological, chemical, and radiological
                            hazards; and
                                (E) ensure that, to the extent
                            permitted by law, all appropriate and
                            necessary intelligence and law
                            enforcement information relating to
                            homeland security is disseminated to
                            and exchanged among appropriate
                            executive departments and agencies
                            responsible for homeland security and,
                            where appropriate for reasons of
                            homeland security, promote exchange of
                            such information with and among State
                            and local governments and private
                            entities.
                        (ii) Executive departments and agencies
                    shall, to the extent permitted by law, make
                    available to the Office all information
                    relating to terrorist threats and activities
                    within the United States.
                (c) Preparedness. The Office of Homeland Security
            shall coordinate national efforts to prepare for and
            mitigate the consequences of terrorist threats or
            attacks within the United States. In performing this
            function, the Office shall work with Federal, State,
            and local agencies, and private entities, as
            appropriate, to:
                        (i) review and assess the adequacy of the
                    portions of all Federal emergency response
                    plans that pertain to terrorist threats or
                    attacks within the United States;
                        (ii) coordinate domestic exercises and
                    simulations designed to assess and practice
                    systems that would be called upon to respond to
                    a terrorist threat or attack within the United
                    States and coordinate programs and activities
                    for training Federal, State, and local
                    employees who would be called upon to respond
                    to such a threat or attack;
                        (iii) coordinate national efforts to ensure
                    public health preparedness for a terrorist
                    attack, including reviewing vaccination
                    policies and reviewing the adequacy of and, if
                    necessary, increasing vaccine and
                    pharmaceutical stockpiles and hospital
                    capacity;
                        (iv) coordinate Federal assistance to State
                    and local authorities and nongovernmental
                    organizations to prepare for and respond to
                    terrorist threats or attacks within the United
                    States;
                        (v) ensure that national preparedness
                    programs and activities for terrorist threats
                    or attacks are developed and are regularly
                    evaluated under appropriate standards and that
                    resources are allocated to improving and
                    sustaining preparedness based on such
                    evaluations; and
                        (vi) ensure the readiness and coordinated
                    deployment of Federal response teams to respond
                    to terrorist threats or attacks, working with
                    the Assistant to the President for National
                    Security Affairs, when appropriate.
                (d) Prevention. The Office shall coordinate efforts
            to prevent terrorist attacks within the United States.
            In performing this function, the Office shall work with
            Federal, State, and local agencies, and private
            entities, as appropriate, to:
                        (i) facilitate the exchange of information
                    among such agencies relating to immigration and
                    visa matters and shipments of cargo; and,
                    working with the Assistant to the President for
                    National Security Affairs, ensure coordination
                    among such agencies to prevent the entry of
                    terrorists and terrorist materials and supplies
                    into the United States and facilitate removal
                    of such terrorists from the United States, when
                    appropriate;
                        (ii) coordinate efforts to investigate
                    terrorist threats and attacks within the United
                    States; and
                        (iii) coordinate efforts to improve the
                    security of United States borders, territorial
                    waters, and airspace in order to prevent acts
                    of terrorism within the United States, working
                    with the Assistant to the President for
                    National Security Affairs, when appropriate.
                (e) Protection. The Office shall coordinate efforts
            to protect the United States and its critical
            infrastructure from the consequences of terrorist
            attacks. In performing this function, the Office shall
            work with Federal, State, and local agencies, and
            private entities, as appropriate, to:
                        (i) strengthen measures for protecting
                    energy production, transmission, and
                    distribution services and critical facilities;
                    other utilities; telecommunications; facilities
                    that produce, use, store, or dispose of nuclear
                    material; and other critical infrastructure
                    services and critical facilities within the
                    United States from terrorist attack;
                        (ii) coordinate efforts to protect critical
                    public and privately owned information systems
                    within the United States from terrorist attack;
                        (iii) develop criteria for reviewing
                    whether appropriate security measures are in
                    place at major public and privately owned
                    facilities within the United States;
                        (iv) coordinate domestic efforts to ensure
                    that special events determined by appropriate
                    senior officials to have national significance
                    are protected from terrorist attack;
                        (v) coordinate efforts to protect
                    transportation systems within the United
                    States, including railways, highways, shipping,
                    ports and waterways, and airports and civilian
                    aircraft, from terrorist attack;
                        (vi) coordinate efforts to protect United
                    States livestock, agriculture, and systems for
                    the provision of water and food for human use
                    and consumption from terrorist attack; and
                        (vii) coordinate efforts to prevent
                    unauthorized access to, development of, and
                    unlawful importation into the United States of,
                    chemical, biological, radiological, nuclear,
                    explosive, or other related materials that have
                    the potential to be used in terrorist attacks.
                (f) Response and Recovery. The Office shall
            coordinate efforts to respond to and promote recovery
            from terrorist threats or attacks within the United
            States. In performing this function, the Office shall
            work with Federal, State, and local agencies, and
            private entities, as appropriate, to:
                        (i) coordinate efforts to ensure rapid
                    restoration of transportation systems, energy
                    production, transmission, and distribution
                    systems; telecommunications; other utilities;
                    and other critical infrastructure facilities
                    after disruption by a terrorist threat or
                    attack;
                        (ii) coordinate efforts to ensure rapid
                    restoration of public and private critical
                    information systems after disruption by a
                    terrorist threat or attack;
                        (iii) work with the National Economic
                    Council to coordinate efforts to stabilize
                    United States financial markets after a
                    terrorist threat or attack and manage the
                    immediate economic and financial consequences
                    of the incident;
                        (iv) coordinate Federal plans and programs
                    to provide medical, financial, and other
                    assistance to victims of terrorist attacks and
                    their families; and
                        (v) coordinate containment and removal of
                    biological, chemical, radiological, explosive,
                    or other hazardous materials in the event of a
                    terrorist threat or attack involving such
                    hazards and coordinate efforts to mitigate the
                    effects of such an attack.
                (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.
                (h) Continuity of Government. The Assistant to the
            President for Homeland Security, in coordination with
            the Assistant to the President for National Security
            Affairs, shall review plans and preparations for
            ensuring the continuity of the Federal Government in
            the event of a terrorist attack that threatens the
            safety and security of the United States Government or
            its leadership.
                (i) Public Affairs. The Office, subject to the
            direction of the White House Office of Communications,
            shall coordinate the strategy of the executive branch
            for communicating with the public in the event of a
            terrorist threat or attack within the United States.
            The Office also shall coordinate the development of
            programs for educating the public about the nature of
            terrorist threats and appropriate precautions and
            responses.
                (j) Cooperation with State and Local Governments
            and Private Entities. The Office shall encourage and
            invite the participation of State and local governments
            and private entities, as appropriate, in carrying out
            the Office's functions.
                (k) Review of Legal Authorities and Development of
            Legislative Proposals. The Office shall coordinate a
            periodic review and assessment of the legal authorities
            available to executive departments and agencies to
            permit them to perform the functions described in this
            order. When the Office determines that such legal
            authorities are inadequate, the Office shall develop,
            in consultation with executive departments and
            agencies, proposals for presidential action and
            legislative proposals for submission to the Office of
            Management and Budget to enhance the ability of
            executive departments and agencies to perform those
            functions. The Office shall work with State and local
            governments in assessing the adequacy of their legal
            authorities to permit them to detect, prepare for,
            prevent, protect against, and recover from terrorist
            threats and attacks.
                (l) Budget Review. The Assistant to the President
            for Homeland Security, in consultation with the
            Director of the Office of Management and Budget (the
            ``Director'') and the heads of executive departments
            and agencies, shall identify programs that contribute
            to the Administration's strategy for homeland security
            and, in the development of the President's annual
            budget submission, shall review and provide advice to
            the heads of departments and agencies for such
            programs. The Assistant to the President for Homeland
            Security shall provide advice to the Director on the
            level and use of funding in departments and agencies
            for homeland security-related activities and, prior to
            the Director's forwarding of the proposed annual budget
            submission to the President for transmittal to the
            Congress, shall certify to the Director the funding
            levels that the Assistant to the President for Homeland
            Security believes are necessary and appropriate for the
            homeland security-related activities of the executive
            branch.

    Sec. 4. Administration.
                (a) The Office of Homeland Security shall be
            directed by the Assistant to the President for Homeland
            Security.
                        (b) The Office of Administration within the
                    Executive Office of the President shall provide
                    the Office of Homeland Security with such
                    personnel, funding, and administrative support,
                    to the extent permitted by law and subject to
                    the availability of appropriations, as directed
                    by the Chief of Staff to carry out the
                    provisions of this order.
                        (c) Heads of executive departments and
                    agencies are authorized, to the extent
                    permitted by law, to detail or assign personnel
                    of such departments and agencies to the Office
                    of Homeland Security upon request of the
                    Assistant to the President for Homeland
                    Security, subject to the approval of the Chief
                    of Staff.

    Sec. 5. Establishment of Homeland Security Council.
                (a) I hereby establish a Homeland Security Council
            (the ``Council''), which shall be responsible for
            advising and assisting the President with respect to
            all aspects of homeland security. The Council shall
            serve as the mechanism for ensuring coordination of
            homeland security-related activities of executive
            departments and agencies and effective development and
            implementation of homeland security policies.
                (b) The Council shall have as its members the
            President, the Vice President, the Secretary of the
            Treasury, the Secretary of Defense, the Attorney
            General, the Secretary of Health and Human Services,
            the Secretary of Transportation, the Secretary of
            Homeland Security, the Director of the Federal
            Emergency Management Agency, the Director of the
            Federal Bureau of Investigation, the Director of
            Central Intelligence, the Assistant to the President
            for Homeland Security, and such other officers of the
            executive branch as the President may from time to time
            designate. The Chief of Staff, the Chief of Staff to
            the Vice President, the Assistant to the President for
            National Security Affairs, the Council to the
            President, and the Director of the Office of Management
            and Budget also are invited to attend any Council
            meeting. The Secretary of State, the Secretary of
            Agriculture, the Secretary of the Interior, the
            Secretary of Energy, the Secretary of Labor, the
            Secretary of Commerce, the Secretary of Veterans
            Affairs, the Administrator of the Environmental
            Protection Agency, the Assistant to the President for
            Economic Policy, and the Assistant to the President for
            Domestic Policy shall be invited to attend meetings
            pertaining to their responsibilities. The heads of
            other executive departments and agencies and other
            senior officials shall be invited to attend Council
            meetings when appropriate.
                (c) The Council shall meet at the President's
            direction. When the President is absent from a meeting
            of the Council, at the President's direction the Vice
            President may preside. The Assistant to the President
            for Homeland Security shall be responsible, at the
            President's direction, for determining the agenda,
            ensuring that necessary papers are prepared, and
            recording Council actions and Presidential decisions.

    Sec. 6. Original Classification Authority.
        I hereby delegate the authority to classify information
    originally as Top Secret, in accordance with Executive Order
    12958 or any successor Executive Order, to the Assistant to the
    President for Homeland Security.

    Sec. 7. Continuing Authorities.
        This order does not alter the existing authorities of
    United States Government departments and agencies, including
    the Department of Homeland Security. All executive departments
    and agencies are directed to assist the Council and the
    Assistant to the President for Homeland Security in carrying
    out the purposes of this order.

    Sec. 8. General Provisions.
                (a) This order does not create any right or
            benefit, substantive or procedural, enforceable at law
            or equity by a party against the United States, its
            departments, agencies or instrumentalities, its
            officers or employees, or any other person.
                (b) References in this order to State and local
            governments shall be construed to include tribal
            governments and United States territories and other
            possessions.
                (c) References to the ``United States'' shall be
            construed to include United States territories and
            possessions.

    Sec. 9. Amendments to Executive Order 12656.
        Executive Order 12656 of November 18, 1988, as amended, is
    hereby further amended as follows:
                (a) Section 101(a) is amended by adding at the end
            of the fourth sentence: ``, except that the Homeland
            Security Council shall be responsible for administering
            such policy with respect to terrorist threats and
            attacks within the United States.''
                (b) Section 104(a) is amended by adding at the end:
            ``, except that the Homeland Security Council is the
            principal forum for consideration of policy relating to
            terrorist threats and attacks within the United
            States.''
                (c) Section 104(b) is amended by inserting the
            words ``and the Homeland Security Council'' after the
            words ``National Security Council.''
                (d) The first sentence of section 104(c) is amended
            by inserting the words ``and the Homeland Security
            Council'' after the words ``National Security
            Council.''
                (e) The second sentence of section 104(c) is
            replaced with the following two sentences: ``Pursuant
            to such procedures for the organization and management
            of the National Security Council and Homeland Security
            Council processes as the President may establish, the
            Director of the Federal Emergency Management Agency
            also shall assist in the implementation of and
            management of those processes as the President may
            establish. The Director of the Federal Emergency
            Management Agency also shall assist in the
            implementation of national security emergency
            preparedness policy by coordinating with the other
            Federal departments and agencies and with State and
            local governments, and by providing periodic reports to
            the National Security Council and the Homeland Security
            Council on implementation of national security
            emergency preparedness policy.''
                (f) Section 201(7) is amended by inserting the
            words ``and the Homeland Security Council'' after the
            words ``National Security Council.''
                (g) Section 206 is amended by inserting the words
            ``and the Homeland Security Council'' after the words
            ``National Security Council.''
                (h) Section 208 is amended by inserting the words
            ``or the Homeland Security Council'' after the words
            ``National Security Council.''

                             Executive Order 13231

           Critical Infrastructure Protection in the Information Age

                            (As Amended by EO 13284)

    =======================================================================

    Signed:                              October 16, 2001
    Federal Register page and date:      66 FR 53063, October 18, 2001
    Revokes:                              EO 13130, July 14, 1999
    Amended by:                          EO 13284, January 23, 2003
                                         EO 13286, February 28, 2003
                                         EO 13316, September 17, 2003
                                          EO 13385, September 29, 2005

    =======================================================================

        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 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
    the critical infrastructure sectors and their information
    systems.
                (a) Membership. The NIAC shall be composed of not
            more than 30 members appointed by the President, taking
            appropriate account of the benefits of having members
                        (i) from the private sector, including but
                    not limited to banking and finance,
                    transportation, energy, communications, and
                    emergency services organizations and
                    institutions of higher learning, and State,
                    local, and tribal governments,
                        (ii) with senior leadership
                    responsibilities for the reliability and
                    availability, which include security, of the
                    critical infrastructure and key resource
                    sectors,
                        (iii) with expertise relevant to the
                    functions of the NIAC, and
                        (iv) with experience equivalent to that of
                    a chief executive of an organization. Unless
                    otherwise determined by the President, no
                    fulltime officer or employee of the executive
                    branch shall be appointed to serve as a member
                    of the NIAC. The President shall designate from
                    among the members of the NIAC a Chair and a
                    Vice Chair, who shall perform the functions of
                    the Chair if the Chair is absent, disabled, or
                    in the instance of a vacancy in the Chair.
                (b) Functions of the NIAC. The NIAC shall meet
            periodically to:
                        (i) enhance the partnership of the public
                    and private sectors in protecting critical
                    infrastructures and their information systems
                    and provide reports on this issue to the
                    President through the Secretary of Homeland
                    Security, as appropriate;
                        (ii) propose and develop ways to encourage
                    private industry to perform periodic risk
                    assessments;
                        (iii) monitor the development and
                    operations of private sector coordinating
                    councils and their information sharing
                    mechanisms and provide recommendations to the
                    President through the Secretary of Homeland
                    Security on how these organizations can best
                    foster improved cooperation among the sectors,
                    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 and Counterterrorism, 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 sector specific agencies with
                    critical infrastructure responsibilities to
                    include issues pertaining to sector and
                    government coordinating councils and their
                    information sharing mechanisms.
            In implementing this order, the NIAC shall not advise
            or otherwise act on matters pertaining to National
            Security and Emergency Preparedness (NS/EP)
            Communications and, with respect to any matters to
            which the NIAC is authorized by this order to provide
            advice or otherwise act on that may depend upon or
            affect NS/EP Communications, shall coordinate with the
            National Security and Telecommunications Advisory
            Committee established by Executive Order 12382, as
            amended.
                (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 September
                    30, 2007, 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 or procedural, enforceable at law or in
    equity, against the United States, its depart ments, agencies,
    or other entities, its officers or employees, or any other
    person.

                             Executive Order 13254

                       Establishing the USA Freedom Corps

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              January 29, 2002
    Federal Register page and date:      67 FR 4869, February 1, 2002
    Amended:                             EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, it
    is hereby ordered as follows:

    Section 1. Policy. Building on our Nation's rich tradition of
    citizen service, this Administration's policy is to foster a
    culture of responsibility, service, and citizenship by
    promoting, expanding, and enhancing public service
    opportunities for all Americans and by making these
    opportunities readily available to citizens from all geographic
    areas, professions, and walks of life. More specifically, this
    Administration encourages all Americans to serve their country
    for the equivalent of at least 2 years (4,000 hours) over their
    lifetimes. Toward those ends, the executive departments,
    agencies, and offices constituting the USA Freedom Corps shall
    coordinate and strengthen Federal and other service
    opportunities, including opportunities for participation in
    homeland security preparedness and response, other areas of
    public and social service, and international service. The
    executive branch departments, agencies, and offices also will
    work with State and local governments and private entities to
    foster and encourage participation in public and social service
    programs, as appropriate.

    Sec. 2. USA Freedom Corps. The USA Freedom Corps shall be an
    interagency initiative, bringing together executive branch
    departments, agencies, and offices with public service programs
    and components, including but not limited to programs and
    components with the following functions:
                (i) recruiting, mobilizing, and encouraging all
            Americans to engage in public service;
                (ii) providing concrete opportunities to engage in
            public service;
                (iii) providing the public with access to
            information about public service opportunities through
            Federal programs and elsewhere; and
                (iv) providing recognition and awards to volunteers
            and other participants in public service programs.

    Sec. 3. USA Freedom Corps Council.
                (a) Establishment and Mission. There shall be a USA
            Freedom Corps Council (Council) chaired by the
            President and composed of heads of executive branch
            departments, agencies, and offices, which shall have
            the following functions:
                        (i) serving as a forum for Federal
                    officials responsible for public service
                    programs to coordinate and improve public
                    service programs and activities administered by
                    the executive branch;
                        (ii) working to encourage all Americans to
                    engage in public service, whether through
                    Federal programs or otherwise;
                        (iii) advising the President and heads of
                    executive branch departments, agencies, and
                    offices concerning the optimization of current
                    Federal programs to enhance public service
                    opportunities;
                        (iv) coordinating public outreach and
                    publicity of citizen service opportunities
                    provided by Federal programs;
                        (v) encouraging schools, universities,
                    private public service organizations, and other
                    non-Federal entities to foster and reward
                    public service;
                        (vi) studying the availability of public
                    service opportunities provided by the Federal
                    Government and elsewhere; and (vii) tracking
                    progress in participation in public service
                    programs.
                (b) Membership. In addition to the Chair, the
            members of the Council shall be the heads of the
            executive branch departments, agencies, and offices
            listed below, or their designees, and such other
            officers of the executive branch as the President may
            from time to time designate. Every member of the
            Council or designee shall be a full-time or permanent
            part-time officer or employee of the Federal
            Government. Members shall not be compensated for their
            service on the Council in addition to the salaries they
            receive as employees or officers of the Federal
            Government.
                        (i) Vice President;
                        (ii) Attorney General;
                        (iii) Secretary of State;
                        (iv) Secretary of Health and Human
                    Services;
                        (v) Secretary of Commerce;
                        (vi) Secretary of Education;
                        (vii) Secretary of Veterans Affairs;
                        (viii) Secretary of Homeland Security;
                        (ix) Chief Executive Officer of the
                    Corporation for National and Community Service;
                        (x) Director of the Peace Corps;
                        (xi) Administrator of the United States
                    Agency for International Development;
                        (xii) Director of the USA Freedom Corps
                    Office; and
                        (xiii) Director of the Office of Faith-
                    Based and Community Initiatives.
                (c) Chair. The President shall be the Chair of the
            USA Freedom Corps Council, and in his absence, the Vice
            President shall serve as Chair. The Director of the USA
            Freedom Corps Office may, at the President's direction,
            preside over meetings of the Council in the President's
            and Vice President's absence.
                (d) Honorary Co-Chair. The President may, from time
            to time, designate an Honorary Co-Chair or Co-Chairs,
            who shall serve in an advisory role to the Council and
            to the President on matters considered by the Council.
            Any Honorary Co-Chair shall be a full-time or permanent
            part-time employee or officer of the Federal
            Government.
                (e) Meetings. The Council shall meet at the
            President's direction. The Director of the USA Freedom
            Corps Office shall be responsible, at the President's
            direction, for determining the agenda, ensuring that
            necessary papers are prepared, and recording Council
            actions and Presidential decisions.
                (f) Responsibilities of Executive Branch
            Departments, Agencies, and Offices.
                        (i) Members of the Council shall remain
                    responsible for overseeing the programs
                    administered by their respective departments,
                    agencies, and offices. Each such department,
                    agency, and office will retain its authority
                    and responsibility to administer those programs
                    according to law;
                        (ii) Each executive branch department,
                    agency, or office with responsibility for
                    programs relating to the functions and missions
                    of the USA Freedom Corps as described in
                    section 2 of this order shall be responsible
                    for identifying those public service
                    opportunities and coordinating with the USA
                    Freedom Corps Council to ensure that such
                    programs are, if appropriate, publicized and
                    encouraged by the Council; and
                        (iii) Upon the request of the Chair, and to
                    the extent permitted by law, the heads of
                    executive branch departments and agencies shall
                    provide the Council with relevant information.

    Sec. 4. USA Freedom Corps Office.
                (a) General. The USA Freedom Corps also shall be
            supported by a USA Freedom Corps Office (Office), which
            shall be a component of the White House Office. The USA
            Freedom Corps Office shall have a Director who shall be
            appointed by the President. The Director shall be
            assisted by an appropriate staff within the White House
            Office.
                (b) Presidential Recognition to Participants in USA
            Freedom Corps Programs. In addition to supporting and
            facilitating the functions of the Council listed in
            section 3 of this order, the Office shall support the
            President in providing recognition to volunteers and
            other participants in programs and activities relating
            to the functions and missions of the USA Freedom Corps
            as described in section 2 of this order.

    Sec. 5. General Provisions.
                (a) The White House Office shall provide the
            Council and Office with such funding and administrative
            support, to the extent permitted by law and subject to
            the availability of appropriations, as directed by the
            Chief of Staff to the President to carry out the
            provisions of this order.
                (b) This order does not alter the existing
            authorities or roles of executive branch departments,
            agencies, or offices. Nothing in this order shall
            supersede any requirement made by or under law.
                (c) This order does not create any right or
            benefit, substantive or procedural, enforceable at law
            or equity, against the United States, its departments,
            agencies, or other entities, its officers or employees,
            or any other person.

                             Executive Order 13257

            Presidents Interagency Task Force to Monitor and Combat
                             Trafficking in Persons

                            (As Amended By EO 13333)

                                  ----------

    =======================================================================

    Signed:                              February 13, 2002
    Federal Register page and date:      67 FR 7259, February 19, 2001
    Amended by:                          EO 13333, March 18. 2004

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Trafficking Victims Protection Act of 2000, (22
    U.S.C. 7101 et seq.) (the ``Act'') and section 301 of title 3,
    United States Code, and in order to combat trafficking in
    persons, a contemporary manifestation of slavery whose victims
    are predominantly women and children, to ensure just and
    effective punishment of traffickers, and to protect their
    victims, it is hereby ordered as follows:

    Section 1.
                (a) The President's Interagency Task Force to
            Monitor and Combat Trafficking in Persons is hereby
            established.
                (b) The Task Force shall consist of:
                        (i) the Secretary of State;
                        (ii)the Attorney General;
                        (iii) the Secretary of Labor;
                        (iv) the Secretary of Health and Human
                    Services;
                        (v) the Director of Central Intelligence;
                        (vi) the Director of the Office of
                    Management and Budget;
                        (vii) the Administrator of the United
                    States Agency for International Development;
                    and
                        (viii) any additional officers or employees
                    of the United States as may be designated by
                    the President.
                (c) The Task Force shall be chaired by the
            Secretary of State.

    Sec. 2. Activities.
        The Task Force shall, consistent with applicable law and
    the constitutional authorities and duties of the President,
    carry out the following activities:
                (a) coordinate the implementation of the Act;
                (b) measure and evaluate progress of the United
            States and other countries in the areas of trafficking
            in persons prevention, protection, and assistance to
            victims of trafficking in persons, and prosecutions and
            other enforcement efforts against traffickers,
            including the role of public corruption in facilitating
            trafficking in persons;
                (c) assist the Secretary of State in the
            preparation of the annual reports described in section
            110 of the Act;
                (d) expand interagency procedures to collect and
            organize data, including significant research and
            resource information on domestic and international
            trafficking in persons, while ensuring that any data
            collection procedures involved, respect the
            confidentiality of victims of trafficking in persons;
                (e) engage in efforts to facilitate cooperation
            among countries of origin, transit, and destination,
            and such efforts shall aim to strengthen local and
            regional capacities to prevent trafficking in persons,
            prosecute traffickers and assist trafficking victims;
            shall include initiatives to enhance cooperative
            efforts between destination countries, transit
            countries, and countries of origin; and shall assist in
            the appropriate reintegration of stateless victims of
            trafficking in persons;
                (f) examine the role of the international ``sex
            tourism'' industry in the trafficking of persons and in
            the sexual exploitation of women and children around
            the world;
                (g) engage in consultation and advocacy with
            governmental and nongovernmental organizations, among
            other entities, to advance the purposes of the Act; and
                (h) address such other matters related to the
            purposes of the Act as the President may determine.

    Sec. 3. Administration.
                (a) The Department of State shall provide funding
            and administrative support for the Task Force, except
            as otherwise provided by the Act.
                (b) At the call of the Chair, the Task Force shall
            meet as necessary to accomplish its mission.
                (c) Task Force members may designate
            representatives from their respective agencies to
            represent them at Task Force meetings.
                (d) Whenever the work of the Task Force involves a
            matter committed by law or Presidential directive to
            the consideration of the National Security Council, or
            by Executive Order 13228 of October 8, 2001, to the
            consideration of the Homeland Security Council, that
            work shall be undertaken, and any communication by the
            Secretary of State to the President shall be
            undertaken, in a manner consistent with such law,
            Presidential directive, or Executive Order.
                (e) The Task Force shall have no directive
            authority or other substantial independent authority.
                (f) As necessary and appropriate, the Task Force
            shall report to the President, through the Secretary of
            State, the following:
                        (i) progress on the implementation of the
                    Act; and
                        (ii) recommendations for United States
                    policy to monitor and eliminate trafficking in
                    persons and to protect the victims of
                    trafficking in persons.

    Sec. 4. Guidelines, Policies, and Regulations.
                (a) The Senior Policy Operating Group (SPOG),
            described in subsection 105(f) of the Act, shall
                        (i) establish guidelines and policies to
                    coordinate the activities of executive branch
                    departments and agencies regarding policies
                    (including grants and grant policies) involving
                    the international trafficking in persons and
                        (ii) advise the Secretary of State what
                    regulations may be necessary to implement
                    section 105 of the Act, including such
                    regulations as may be necessary to carry out
                    the sharing of information on all matters
                    relating to grants, grant policies, or other
                    significant actions regarding the international
                    trafficking in persons as set forth in
                    subsection 105(f)(4) of the Act, to the extent
                    permitted by law.
                (b) The Secretary of State, in consultation with
            the members of the Task Force or their representatives,
            shall promulgate regulations to implement section 105
            of the Act.

    Sec. 5. Enhanced Prevention of Trafficking in Persons.
                (a) The Secretary of State, in consultation with
            the members of the Task Force or their representatives,
            shall carry out the functions under subsection 106(c)
            and subsection 106(d) of the Act.
                (b) The Secretary of State shall have the authority
            to determine, under section 106(e)(1) of the Act,
            foreign destinations where sex tourism is significant.
            The Secretary of Homeland Security, in consultation
            with the members of the Task Force or their
            representatives and appropriate officials of the
            Departments of Commerce and Transportation, shall carry
            out all other functions under subsection 106(e) of the
            Act, including promulgation of any appropriate
            regulations relating to the distribution of the
            materials described in subsection 106(e).
                (c) The head of each executive branch agency
            responsible for the establishment and conduct of
            initiatives and programs described in subsections
            106(a) through (e) of the Act shall consult with
            appropriate nongovernmental organizations consistent
            with section 106(f) of the Act.
                (d) The Secretary of State shall have
            responsibility to initiate appropriate regulatory
            implementation of the requirements set out in section
            106(g) of the Act with respect to contracts, including
            proposing appropriate amendments to the Federal
            Acquisition Regulation. Each affected executive branch
            department or agency shall implement, within that
            department or agency, the requirements set out in
            section 106(g) of the Act with respect to grants and
            cooperative agreements.

    Sec. 6. Research on Trafficking in Persons.
        The entities named in section 112A of the Act shall carry
    out the research initiatives required by section 112A of the
    Act, and shall award grants according to such policies and
    guidelines as may be established by the SPOG described in
    section 105(f) of the Act, as well as any applicable agency
    rules and regulations.

    Sec. 7. Guidance for Exercising Authority and Performing
    Duties.
        In exercising authority delegated by, or performing
    functions assigned in, this order, officers of the United
    States shall ensure that all actions taken by them are
    consistent with the President's constitutional authority to:
                (a) conduct the foreign affairs of the United
            States;
                (b) withhold information the disclosure of which
            could impair the foreign relations, the national
            security, the deliberative processes of the Executive,
            or the performance of the Executive's constitutional
            duties;
                (c) recommend for congressional consideration such
            measures as the President may judge necessary or
            expedient; and
                (d) supervise the unitary Executive Branch.

    Sec. 8. Judicial Review.
        This order does not create any rights or benefits,
    enforceable at law or equity, against the United States, its
    departments, its agencies, or other entities, its officers or
    employees, or any other person.

                             Executive Order 13267

        Establishing a Transition Planning Office for the Department of
          Homeland Security Within the Office of Management and Budget

    =======================================================================

    Signed:                              June 20, 2002
    Federal Register page and date:      67 FR 42469, Juine 24, 2002

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, it
    is hereby ordered as follows:

    Section 1. Establishment.
        I hereby establish within the Office of Management and
    Budget (OMB) a Transition Planning Office for the Department of
    Homeland Security (the ``Transition Planning Office''), to be
    headed by the Director of the Transition Planning Office for
    the Department of Homeland Security (the ``Director for
    Transition Planning'').

    Sec. 2. Missions. The missions of the Transition Planning
    Office shall be to:
                (a)  coordinate, guide, and conduct transition and
            related planning throughout the executive branch of the
            United States Government in preparation for
            establishment of the proposed Department of Homeland
            Security; and
                (b)  consistent with Presidential guidance, work
            with the Congress as it considers legislation to
            establish that Department.

    Sec. 3. Administration.
                (a)  The Director of OMB shall ensure that the
            Transition Planning Office receives appropriate
            personnel (including detailees and assignees, as
            appropriate), funding, and administrative support for
            the Office, subject to the availability of
            appropriations. The Director of OMB is authorized to
            make expenditures under section 522 of title 31, United
            States Code, as may be appropriate to carry out this
            order.
                (b)  If an individual who is an Assistant to the
            President is appointed to serve simultaneously as
            Director for Transition Planning, the functioning,
            personnel, funds, records, and property of the office
            of the Assistant to the President and the office of the
            Director for Transition Planning shall be kept separate
            in the same manner as if the two offices were headed by
            two different individuals.

    Sec. 4. Other Departments and Agencies.
        This order does not alter the existing authorities of
    United States Government departments and agencies. In carrying
    out the missions set forth in section 2 of this order, all
    executive departments and agencies are directed to assist the
    Director for Transition Planning and the Transition Planning
    Office to the extent permitted by law.

    Sec. 5. Termination.
        The Transition Planning Office, and all the authorities of
    this order, shall terminate within 90 days after the date on
    which legislation creating the Department of Homeland Security
    is enacted, or within 1 year of the date of this order,
    whichever occurs first.

                             Executive Order 13274

          Environmental Stewardship and Transportation Infrastructure
                                Project Reviews

                            (As amended by EO 13286)

    =======================================================================

    Signed:                              September 18, 2002
    Federal Register page and date:      67 FR 59449, September 23, 2002
    Amended by:                          EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    to enhance environmental stewardship and streamline the
    environmental review and development of transportation
    infrastructure projects, it is hereby ordered as follows:

    Section 1. Policy. The development and implementation of
    transportation infrastructure projects in an efficient and
    environmentally sound manner is essential to the well-being of
    the American people and a strong American economy. Executive
    departments and agencies (agencies) shall take appropriate
    actions, to the extent consistent with applicable law and
    available resources, to promote environmental stewardship in
    the Nation's transportation system and expedite environmental
    reviews of high-priority transportation infrastructure
    projects.

    Sec. 2. Actions.
                (a) For transportation infrastructure projects,
            agencies shall, in support of the Department of
            Transportation, formulate and implement administrative,
            policy, and procedural mechanisms that enable each
            agency required by law to conduct environmental reviews
            (reviews) with respect to such projects to ensure
            completion of such reviews in a timely and
            environmentally responsible manner.
                (b) In furtherance of the policy set forth in
            section 1 of this order, the Secretary of
            Transportation, in coordination with agencies as
            appropriate, shall advance environmental stewardship
            through cooperative actions with project sponsors to
            promote protection and enhancement of the natural and
            human environment in the planning, development,
            operation, and maintenance of transportation facilities
            and services.
                (c) The Secretary of Transportation shall designate
            for the purposes of this order a list of high-priority
            transportation infrastructure projects that should
            receive expedited agency reviews and shall amend such
            list from time to time as the Secretary deems
            appropriate. For projects on the Secretary's list,
            agencies shall to the maximum extent practicable
            expedite their reviews for relevant permits or other
            approvals, and take related actions as necessary,
            consistent with available resources and applicable
            laws, including those relating to safety, public
            health, and environmental protection.

    Sec. 3. Interagency Task Force.
                (a) Establishment. There is established, within the
            Department of Transportation for administrative
            purposes, the interagency ``Transportation
            Infrastructure Streamlining Task Force'' (Task Force)
            to:
                        (i) monitor and assist agencies in their
                    efforts to expedite a review of transportation
                    infrastructure projects and issue permits or
                    similar actions, as necessary;
                        (ii) review projects, at least quarterly,
                    on the list of priority projects pursuant to
                    section 2(c) of this order; and
                        (iii) identify and promote policies that
                    can effectively streamline the process required
                    to provide approvals for transportation
                    infrastructure projects, in compliance with
                    applicable law, while maintaining safety,
                    public health, and environmental protection.
                (b) Membership and Operation. The Task Force shall
            promote interagency cooperation and the establishment
            of appropriate mechanisms to coordinate Federal, State,
            tribal, and local agency consultation, review,
            approval, and permitting of transportation
            infrastructure projects. The Task Force shall consist
            exclusively of the following officers of the United
            States: the Secretary of Agriculture, ecretary of
            Commerce, Secretary of Transportation (who shall chair
            the Task Force), Secretary of the Interior, Secretary
            of Defense, Secretary of Homeland Security,
            Administrator of the Environmental Protection Agency,
            Chairman of the Advisory Council on Historic
            Preservation, and Chairman of the Council on
            Environmental Quality. A member of the Task Force may
            designate, to perform the Task Force functions of the
            member, any person who is part of the member's
            department, agency, or office and who is either an
            officer of the United States appointed by the President
            with the advice and consent of the Senate or a member
            of the Senior Executive Service. The Task Force shall
            report to the President through the Chairman of the
            Council on Environmental Quality.

    Sec. 4. Report. At least once each year, the Task Force shall
    submit to the President a report that: (a) Describes the
    results of the coordinated and expedited reviews on a project-
    by-project basis, and identifies those procedures and actions
    that proved to be most useful and appropriate in coordinating
    and expediting the review of the projects.
                (b) Identifies substantive and procedural
            requirements of Federal, State, tribal, and local laws,
            regulations, and Executive Orders that are inconsistent
            with, duplicative of, or are structured so as to
            restrict their efficient implementation with other
            applicable requirements.
                (c) Makes recommendations regarding those
            additional actions that could be taken to:
                        (i) address the coordination and expediting
                    of reviews of transportation infrastructure
                    projects by simplifying and harmonizing
                    applicable substantive and procedural
                    requirements; and
                        (ii) elevate and resolve controversies
                    among Federal, State, tribal, and local
                    agencies related to the review or impacts of
                    transportation infrastructure projects in a
                    timely manner.
                (d) Provides any other recommendations that would,
            in the judgement of the Task Force, advance the policy
            set forth in section 1 of this order.

    Sec. 5. Preservation of Authority. Nothing in this order shall
    be construed to impair or otherwise affect the functions of the
    Director of the Office of Management and Budget relating to
    budget, administrative, and legislative proposals.

    Sec. 6. Judicial Review. This order is intended only to improve
    the internal management of the Federal Government and is not
    intended to, and does not, create any right or benefit,
    substantive or procedural, enforceable at law or equity by a
    party against the United States, its departments, agencies,
    instrumentalities or entities, its officers or employees, or
    any other person.

                             Executive Order 13276

         Delegation of Responsibilities Concerning Undocumented Aliens
               Interdicted or Intercepted in the Caribbean Region

                       (As amended by EO 13383, EO 13475)

    =======================================================================

    Signed:                              November 15, 2002
    Federal Register page and date:      67 FR 69985, November 19, 2002
    Amends:                              EO 13286, February 28, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 212(f) and 215(a)(1) of the Immigration and
    Nationality Act, as amended (8 U.S.C. 1182(f) and 1185(a)(1)),
    and section 301 of title 3, United States Code, and in order to
    delegate appropriate responsibilities to Federal agencies for
    responding to migration of undocumented aliens in the Caribbean
    region, it is hereby ordered:

    Section 1. Duties and Authorities of Agency Heads. Consistent
    with applicable law,
                (a)(i) The Attorney General may maintain custody,
            at any location he deems appropriate, of any
            undocumented aliens he has reason to believe are
            seeking to enter the United States and who are
            interdicted or intercepted in the Caribbean region. In
            this regard, the Attorney General shall provide and
            operate a facility, or facilities, to house and provide
            for the needs of any such aliens. Such a facility may
            be located at Guantanamo Bay Naval Base or any other
            appropriate location.
                        (ii) The Attorney General may conduct any
                    screening of such aliens that he deems
                    appropriate, including screening to determine
                    whether such aliens should be returned to their
                    country of origin or transit, or whether they
                    are persons in need of protection who should
                    not be returned without their consent. If the
                    Attorney General institutes such screening,
                    then until a determination is made, the
                    Attorney General shall provide for the custody,
                    care, safety, transportation, and other needs
                    of the aliens. The Attorney General shall
                    continue to provide for the custody, care,
                    safety, transportation, and other needs of
                    aliens who are determined not to be persons in
                    need of protection until such time as they are
                    returned to their country of origin or transit.
                (b) The Secretary of State shall provide for the
            custody, care, safety, transportation, and other needs
            of undocumented aliens interdicted or intercepted in
            the Caribbean region whom the Attorney General has
            identified as persons in need of protection. The
            Secretary of State shall provide for and execute a
            process for resettling such persons in need of
            protection, as appropriate, in countries other than
            their country of origin, and shall also undertake such
            diplomatic efforts as may be necessary to address the
            problem of illegal migration of aliens in the Caribbean
            region and to facilitate the return of those aliens who
            are determined not to be persons in need of protection.
                (c)(i) The Secretary of Defense shall make
            available to the Attorney General and the Secretary of
            State, for the housing and care of any undocumented
            aliens interdicted or intercepted in the Caribbean
            region and taken into their custody, any facilities at
            Guantanamo Bay Naval Base that are excess to current
            military needs and the provision of which does not
            interfere with the operation and security of the base.
            The Secretary of Defense shall be responsible for
            providing access to such facilities and perimeter
            security. The Attorney General and the Secretary of
            State, respectively, shall be responsible for
            reimbursement for necessary supporting utilities.
                        (ii) In the event of a mass migration in
                    the Caribbean region, the Secretary of Defense
                    shall provide support to the Attorney General
                    and the Secretary of State in carrying out the
                    duties described in paragraphs (a) and (b) of
                    this section regarding the custody, care,
                    safety, transportation, and other needs of the
                    aliens, and shall assume primary responsibility
                    for these duties on a nonreimbursable basis as
                    necessary to contain the threat to national
                    security posed by the migration. The Secretary
                    of Defense shall also provide support to the
                    Coast Guard in carrying out the duties
                    described in Executive Order 12807 of May 24,
                    1992, regarding interdiction of migrants.

    Sec. 2. Definitions. For purposes of this order, the term
    ``mass migration'' means a migration of undocumented aliens
    that is of such magnitude and duration that it poses a threat
    to the national security of the United States, as determined by
    the President.

    Sec. 3. Scope.
                (a) Nothing in this order shall be construed to
            impair or otherwise affect the authorities and
            responsibilities set forth in Executive Order 12807 of
            May 24, 1992.
                (b) Nothing in this order shall be construed to
            make reviewable in any judicial or administrative
            proceeding, or otherwise, any action, omission, or
            matter that otherwise would not be reviewable.
                (c) This order is intended only to improve the
            management of the executive branch. This order is not
            intended to, and does not, create any right or benefit,
            substantive or procedural, enforceable at law or equity
            or otherwise against the United States, its
            departments, agencies, entities, instrumentalities,
            officers, employees, or any other person.
                (d) Any agency assigned any duties by this order
            may use the provisions of the Economy Act, 31 U.S.C.
            1535 and 1536, to carry out such duties, to the extent
            permitted by such Act.
                (e) This order shall not be construed to require
            any procedure to determine whether a person is a
            refugee or otherwise in need of protection.

                             Executive Order 13284

        Amendment of Executive Orders, and Other Actions, in Connection
         with the Establishment of the Department of Homeland Security

    =======================================================================

    Signed:                              January 23, 2003
    Federal Register page and date:      68 FR 4075, January 28, 2003
    Amends:                              EO 10865, February 20, 1960
                                         EO 11423, August 16, 1968
                                         EO 11958, January 18, 1977
                                         EO 12260, December 31, 1980
                                         EO 12333, December 4, 1981
                                         EO 12590, March 26, 1987
                                         EO 12859, August 16, 1993
                                         EO 12881, November 23, 1993
                                         EO 12992, March 15, 1996
                                         EO 13011, July 16, 1996
                                         EO 13048, June 10, 1997
                                         EO 13122, May 25, 1999
                                         EO 13151, April 27, 2000
                                         EO 13224, September 23, 2001
                                         EO 13228, October 8, 2001
                                         EO 13231, October 16, 2001
                                         EO 13234, November 9, 2001

    =======================================================================

        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 the National Security Act of 1947, as amended (50
    U.S.C. 401 et seq.), and in order to reflect responsibilities
    vested in the Secretary of Homeland Security and take other
    actions in connection with the establishment of the Department
    of Homeland Security, it is hereby ordered as follows:

    Section 1. Executive Order 13234 of November 9, 2001
    (``Presidential Task Force on Citizen Preparedness in the War
    on Terrorism''), is amended by inserting ``the Department of
    Homeland Security,'' after ``the Office of Management and
    Budget,'' in section 2(a).

    Sec. 2. Executive Order 13231 of October 16, 2001 (``Critical
    Infrastructure Protection in the Information Age''), is amended
    by:
                (a) inserting ``(i) Secretary of Homeland
            Security;'' after ``or their designees:'' in section
            6(a); and
                (b) renumbering the subsequent subsections in
            section 6(a) appropriately.

    Sec. 3. Executive Order 13228 of October 8, 2001
    (``Establishing the Office of Homeland Security and the
    Homeland Security Council''), is amended by inserting ``the
    Secretary of Homeland Security,'' after ``the Secretary of
    Transportation,'' in section 5(b). Further, during the period
    from January 24, 2003, until March 1, 2003, the Secretary of
    Homeland Security shall have the responsibility for
    coordinating the domestic response efforts otherwise assigned
    to the Assistant to the President for Homeland Security
    pursuant to section 3(g) of Executive Order 13228.

    Sec. 4. Executive Order 13224 of September 23, 2001 (``Blocking
    Property and Prohibiting Transactions with Persons Who Commit,
    Threaten to Commit, or Support Terrorism''), as amended, is
    further amended by:
                (a) inserting ``, the Secretary of Homeland
            Security,'' after ``the Secretary of the Treasury'' in
            sections 1(b) and 1(d) (the first time it appears); and
                (b) inserting ``, the Secretary of Homeland
            Security,'' after ``the Secretary of State'' in
            sections 1(c) and 1(d) (the second time it appears), 5
            (wherever it appears), and 7.

    Sec. 5. Executive Order 13151 of April 27, 2000 (``Global
    Disaster Information Network''), is amended by:
                (a) inserting ``(8) Department of Homeland
            Security;'' after ``(7) Department of Energy;'' in
            section 2(a); and
                (b) renumbering the subsequent subsections in
            section 2(a) appropriately.

    Sec. 6. Executive Order 13122 of May 25, 1999 (``Interagency
    Task Force on the Economic Development of the Southwest
    Border''), is amended by inserting ``Secretary of Homeland
    Security,'' after ``Secretary of the Treasury,'' in section
    1(b).

    Sec. 7. Executive Order 13048 of June 10, 1997 (``Improving
    Administrative Management in the Executive Branch''), is
    amended by:
                (a) inserting ``15. Department of Homeland
            Security;'' after ``14. Department of Veterans
            Affairs;'' in section 1(a); and
                (b) renumbering all subsequent subsections in
            section 1(a) appropriately.

    Sec. 8. Executive Order 12992 of March 15, 1996 (``President's
    Council on Counter-Narcotics''), as amended, is further amended
    by:
                (a) inserting ``(n) Secretary of Homeland
            Security;'' after ``(m) Secretary of Veterans
            Affairs;'' in section 2; and
                (b) relettering all subsequent subsections in
            section 2 appropriately.

    Sec. 9. Executive Order 12881 of November 23, 1993
    (``Establishment of the National Science and Technology
    Council''), is amended by:
                (a) inserting ``(i) Secretary of Homeland
            Security;'' after ``(h) Secretary of the Interior;'' in
            section 2; and
                (b) relettering all subsequent subsections in
            section 2 appropriately.

    Sec. 10. Executive Order 12859 of August 16, 1993
    (``Establishment of the Domestic Policy Council''), is amended
    by:
                (a) inserting ``(o) Secretary of Homeland
            Security;'' after ``(n) Secretary of the Treasury;'' in
            section 2; and
                (b) relettering all subsequent subsections in
            section 2 appropriately.

    Sec. 11. Executive Order 12590 of March 26, 1987 (``National
    Drug Policy Board''), is amended by:
                (a) inserting ``(13) the Secretary of Homeland
            Security;'' after ``(12) the Secretary of Education;''
            in section 1(b); and
                (b) renumbering all subsequent subsections in
            section 1(b) appropriately.

    Sec. 12. Executive Order 12260 of December 31, 1980
    (``Agreement on Government Procurement''), as amended, is
    further amended by:
                (a) inserting ``14. Department of Homeland
            Security'' after ``13. Department of Health and Human
            Services'' in the Annex; and
                (b) renumbering all subsequent subsections in the
            Annex appropriately.

    Sec. 13. Executive Order 11958 of January 18, 1977
    (``Administration of Arms Export Controls''), as amended, is
    further amended by:
                (a) striking ``Secretary of the Treasury'' wherever
            it appears in section 1(l)(2) and inserting ``Attorney
            General'' in lieu thereof; and
                (b) inserting ``the Attorney General,'' after ``the
            Secretary of the Treasury,'' in section 2(a).

    Sec. 14. Executive Order 11423 of August 16, 1968 (``Providing
    for the Performance of Certain Functions Heretofore Performed
    by the President with Respect to Certain Facilities Constructed
    and Maintained on the Borders of the United States''), as
    amended, is further amended by inserting ``the Secretary of
    Homeland Security,'' after ``the Secretary of Transportation,''
    in section 1(b).

    Sec. 15. Executive Order 10865 of February 20, 1960
    (``Safeguarding Classified Information Within Industry''), as
    amended, is further amended by inserting ``the Secretary of
    Homeland Security,'' after ``the Secretary of Energy,'' in
    section 1.

    Sec. 16. Executive Order 13011 of July 16, 1996 (``Federal
    Information Technology''), is amended by:
                (a) inserting ``15. Department of Homeland
            Security;'' after ``14. Department of Veterans
            Affairs;'' in section 3(b); and
                (b) renumbering all subsequent subsections in
            section 3(b) appropriately.

    Sec. 17. Those elements of the Department of Homeland Security
    that are supervised by the Department's Under Secretary for
    Information Analysis and Infrastructure Protection through the
    Department's Assistant Secretary for Information Analysis, with
    the exception of those functions that involve no analysis of
    foreign intelligence information, are designated as elements of
    the Intelligence Community under section 201(h) of the Homeland
    Security Act of 2002 and section 3(4) of the National Security
    Act of 1947, as amended (50 U.S.C. 401a).

    Sec. 18. Executive Order 12333 of December 4, 1981 (``United
    States Intelligence Activities''), is amended in Part 3.4(f)
    by:
                (a) striking ``and'' at the end of subpart
            3.4(f)(6);
                (b) striking the period and inserting ``; and'' at
            the end of subpart 3.4(f)(7); and
                (c) adding a new subpart 3.4(f)(8) to read as
            follows: ``(8) Those elements of the Department of
            Homeland Security that are supervised by the
            Department's Under Secretary for Information Analysis
            and Infrastructure Protection through the Department's
            Assistant Secretary for Information Analysis, with the
            exception of those functions that involve no analysis
            of foreign intelligence information.''

    Sec. 19. Functions of Certain Officials in the Department of
    Homeland Security. The Secretary of Homeland Security, the
    Deputy Secretary of Homeland Security, the Under Secretary for
    Information Analysis and Infrastructure Protection, Department
    of Homeland Security, and the Assistant Secretary for
    Information Analysis, Department of Homeland Security, each
    shall be considered a ``Senior Official of the Intelligence
    Community'' for purposes of Executive Order 12333, and all
    other relevant authorities, and shall:
                (a) recognize and give effect to all current
            clearances for access to classified information held by
            those who become employees of the Department of
            Homeland Security by operation of law pursuant to the
            Homeland Security Act of 2002 or by Presidential
            appointment;
                (b) recognize and give effect to all current
            clearances for access to classified information held by
            those in the private sector with whom employees of the
            Department of Homeland Security may seek to interact in
            the discharge of their homeland security-related
            responsibilities;
                (c) make all clearance and access determinations
            pursuant to Executive Order 12968 of August 2, 1995, or
            any successor Executive Order, as to employees of, and
            applicants for employment in, the Department of
            Homeland Security who do not then hold a current
            clearance for access to classified information; and
                (d) ensure all clearance and access determinations
            for those in the private sector with whom employees of
            the Department of Homeland Security may seek to
            interact in the discharge of their homeland security-
            related responsibilities are made in accordance with
            Executive Order 12829 of January 6, 1993.

    Sec. 20. Pursuant to the provisions of section 1.4 of Executive
    Order 12958 of April 17, 1995 (``Classified National Security
    Information''), I hereby authorize the Secretary of Homeland
    Security to classify information originally as ``Top Secret.''
    Any delegation of this authority shall be in accordance with
    section 1.4 of that order or any successor Executive Orders.

    Sec. 21. This order shall become effective on January 24, 2003.

    Sec. 22. This order does not create any right or benefit,
    substantive or procedural, enforceable at law or equity,
    against the United States, its departments, agencies, or other
    entities, its officers or employees, or any other person.

                             Executive Order 13286

        Amendment of Executive Orders, and Other Actions, in Connection
          With the Transfer of Certain Functions to the Secretary of
                               Homeland Security

                            (As amended by EO 13442)

    =======================================================================

    Signed:                              February 28, 2003
    Federal Register page and date:      68 FR 10619, March 5, 2003
    Amends:                              EO 4601, March 1, 1927; EO 10113,
                                          February 24, 1950; EO 10163,
                                          September 25, 1950; EO 10179,
                                          November 8, 1950; EO 10271, July
                                          7, 1951; EO 10448, April 22, 1953;
                                          EO 10499, November 4, 1953; EO
                                          10554, August 18, 1954; EO 10631,
                                          August 17, 1955; EO 10637,
                                          September 16, 1955; EO 10694,
                                          January 10, 1957; EO 10789,
                                          November 14, 1958; EO 10977,
                                          December 4, 1961; EO 11016, April
                                          25, 1962; EO 11046, August 24,
                                          1962; EO 11079, January 25, 1963;
                                          EO 11139, January 7, 1964; EO
                                          11190, December 29, 1964; EO
                                          11231, July 8, 1965; EO 11239,
                                          July 31, 1965; EO 11366, August 4,
                                          1967; EO 11438, December 3, 1968;
                                          EO 11446, January 16, 1969; EO
                                          11448, January 16, 1969; EO 11623,
                                          October 12, 1971; EO 11645,
                                          February 8, 1972; EO 11800, August
                                          17, 1974; EO 11858, May 7, 1975;
                                          EO 11926, July 19, 1976; EO 11965,
                                          January 19, 1977; EO 12002, July
                                          7, 1977; EO 12146, July 18, 1979;
                                          EO 12148, July 20, 1979; EO 12160,
                                          September 26, 1979; EO 12188,
                                          January 2, 1980; EO 12208, April
                                          15, 1980; EO 12341, January 21,
                                          1982; EO 12382, September 13,
                                          1982; EO 12472, April 3, 1984; EO
                                          12501, January 28, 1985; EO 12555,
                                          March 10, 1986; EO 12580, January
                                          23, 1987; EO 12656, November 18,
                                          1988; EO 12657, November 18, 1988;
                                          EO 12699, January 5, 1990; EO
                                          12727, August 22, 1990; EO 12728,
                                          August 22, 1990; EO 12733,
                                          November 13, 1990; EO 12742,
                                          January 8, 1991; EO 12743, January
                                          18, 1991; EO 12777, October 18,
                                          1991; EO 12788, January 15, 1992;
                                          EO 12789, February 10, 1992; EO
                                          12793, March 20, 1992; EO 12807,
                                          May 24, 1992; EO 12824, December
                                          7, 1992; EO 12830, January 9,
                                          1993; EO 12835, January 25, 1993;
                                          EO 12870, September 30, 1993; EO
                                          12906, April 11, 1994; EO 12919,
                                          June 3, 1994; EO 12977, October
                                          19, 1995; EO 12978, October 21,
                                          1995; EO 12982, December 8, 1995;
                                          EO 12985, January 11, 1996; EO
                                          12989, February 13, 1996; EO
                                          13011, July 16, 1996; EO 13076,
                                          February 24, 1998; EO 13100,
                                          August 25, 1998; EO 13112,
                                          February 3, 1999; EO 13120, April
                                          27, 1999; EO 13133, August 5,
                                          1999; EO 13154, May 3, 2000; EO
                                          13165, August 9, 2000; EO 13212,
                                          May 18, 2001; EO 13223, September
                                          14, 2001; EO 13228, October 8,
                                          2001; EO 13231, October 16, 2001;
                                          EO 13254, January 29, 2002; EO
                                          13257, February 13, 2002; EO
                                          13260, March 19, 2002; EO 13271,
                                          July 9, 2002; EO 13274, September
                                          18, 2002; EO 13276, November 15,
                                          2002
    Amended by:                          EO 13442, August 13, 2007
    Revokes:                             EO 13260, March 19, 2002 eff. March
                                          31, 2002

    =======================================================================

    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
    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.
                (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 or procedural, enforceable at law or in equity,
    against the United States, its depart ments, 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:
                (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.

    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:
                (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 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
                (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 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 ``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,
                                L(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
                                L(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.

    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, the
    Secretary of Homeland Security (Secretary), if they are
    eligible to act as Secretary under the provisions of the
    Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq.
    (Vacancies Act), 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 National
                    Protection and Programs;
                        (iii) Under Secretary for Management;
                        (iv) Assistant Secretary of Homeland
                    Security (Policy);
                        (v) Under Secretary for Science and
                    Technology;
                        (vi) General Counsel;
                        (vii) Assistant Secretary of Homeland
                    Security (Transportation Security
                    Administration);
                        (viii) Administrator of the Federal
                    Emergency Management Agency;
                        (ix) Commissioner of U.S. Customs and
                    Border Protection;
                        (x) Assistant Secretary of Homeland
                    Security (U.S. Immigration and Customs
                    Enforcement);
                        (xi) Director of U.S. Citizenship and
                    Immigration Services;
                        (xii) Chief Financial Officer;
                        (xiii) Regional Administrator, Region V,
                    Federal Emergency Management Agency;
                        (xiv) Regional Administrator, Region VI,
                    Federal Emergency Management Agency;
                        (xv) Regional Administrator, Region VII,
                    Federal Emergency Management Agency;
                        (xvi) Regional Administrator, Region IX,
                    Federal Emergency Management Agency; and
                        (xvii) Regional Administrator, Region I,
                    Federal Emergency Management Agency.
                (b) Exceptions.
                        (i) No individual who is serving in an
                    office listed in subsection (a) in an acting
                    capacity, by virtue of so serving, shall act as
                    Secretary pursuant to this section.
                        (ii) Notwithstanding the provisions of this
                    section, the President retains discretion, to
                    the extent permitted by the Vacancies Act, 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.

                             Executive Order 13311

                     Homeland Security Information Sharing

                            (As amended by EO 13388)

    =======================================================================

    Signed:                              July 29, 2003
    Federal Register page and date:      68 FR 45149, July 31, 2003
    Amended by:                          EO 13388, October 25, 2005

    =======================================================================

        By the authority vested in me by the Constitution and the
    laws of the United States, including sections 892 and 893 of
    the Homeland Security Act of 2002 (the ``Act'') (6
        U.S.C. 482 and 483) and section 301 of title 3, United
    States Code, it is hereby ordered as follows:

    Section 1. Assignment of Functions.
            (a) The functions of the President under section 892 of
            the Act are assigned to the Secretary of Homeland
            Security (the ``Secretary''), except the functions of
            the President under subsections 892(a)(2) and
            892(b)(7).
            (b) Subject to section 2(b) of this order, the function
            of the President under section 893 of the Act is
            assigned to the Secretary.
            (c) Procedures issued by the Secretary in the
            performance of the function of the President under
            section 892(a)(1) of the Act shall apply to all
            agencies of the Federal Government. Such procedures
            shall specify that the President may make, or may
            authorize another officer of the United States to make,
            exceptions to the procedures.
            (d) The function of the President under section
            892(b)(7) of the Act is delegated to the Attorney
            General and the Director of National Intelligence, to
            be exercised jointly.
            (e) In performing the functions assigned to the
            Secretary by subsection (a) of this section, the
            Secretary shall coordinate with the Secretary of State,
            the Secretary of Defense, the Attorney General, the
            Secretary of Energy, the Director of the Office of
            Management and Budget, the Director of National
            Intelligence, the Archivist of the United States, and
            as the Secretary deems appropriate, other officers of
            the United States.
            (f) A determination, under the procedures issued by the
            Secretary in the performance of the function of the
            President under section 892(a)(1) of the Act, as to
            whether, or to what extent, an individual who falls
            within the category of ``State and local personnel'' as
            defined in sections 892(f)(3) and (f)(4) of the Act
            shall have access to information classified pursuant to
            Executive Order 12958 of April 17, 1995, as amended, is
            a discretionary determination and shall be conclusive
            and not subject to review or appeal.

    Sec. 2. Rules of Construction. Nothing in this order shall be
    construed to impair or otherwise affect:
            (a) the authority of the Director of National
            Intelligence under section 102A(i)(1) of the National
            Security Act of 1947, as amended (50 U.S.C. 403-
            3(c)(7)), to protect intelligence sources and methods
            from unauthorized disclosure;
            (b) the functions of the Director of the Office of
            Management and Budget relating to budget,
            administrative, or legislative proposals; or
            (c) the provisions of Executive Orders 12958 of April
            17, 1995, as amended, and 12968 of August 2, 1995, as
            amended.

    Sec. 3. General Provision. This order is intended only to
    improve the internal management of the Federal Government and
    is not intended to, and 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.

                             Executive Order 13323

        Assignment of Functions Relating to Arrivals In and Departures
                             From the United States

    =======================================================================

    Signed:                              December 30, 2003
    Federal Register page and date:      69 FR 241, January 2, 2004

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 215 of the Immigration and Nationality Act
    (INA), as amended (8 U.S.C. 1185), and section 301 of title 3,
    United States Code, and to strengthen the national security of
    the United States through procedures and systems to manage and
    control the arrival and departure of persons from the United
    States, it is hereby ordered as follows:

    Section 1. Functions of the Secretary of Homeland Security. The
    Secretary of Homeland Security is assigned the functions of the
    President under section 215(a) of the INA with respect to
    persons other than citizens of the United States. In exercising
    these functions, the Secretary of Homeland Security shall not
    issue, amend, or revoke any rules, regulations, or orders
    without first obtaining the concurrence of the Secretary of
    State.

    Sec. 2. Functions of the Secretary of State. The Secretary of
    State is assigned the functions of the President under section
    215(a) and (b) of the INA with respect to citizens of the
    United States, including those functions concerning United
    States passports. In addition, the Secretary may amend or
    revoke part 46 of title 22, Code of Federal Regulations, which
    concerns persons other than citizens of the United States. In
    exercising these functions, the Secretary of State shall not
    issue, amend, or revoke any rules, regulations, or orders
    without first consulting with the Secretary of Homeland
    Security.

    Sec. 3. Judicial Review. This order is not intended to, and
    does not, create any right or benefit, substantive or
    procedural, enforceable at law or in equity by a party against
    the United States, its departments, agencies, entities,
    officers, employees or agents, or any other person.

                             Executive Order 13347

            Individuals With Disabilities in Emergency Preparedness

    =======================================================================

    Signed:                              July 22, 2004
    Federal Register page and date:      69 FR 44573, July 26, 2004

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    to strengthen emergency preparedness with respect to
    individuals with disabilities, it is hereby ordered as follows:

    Section 1. Policy. To ensure that the Federal Government
    appropriately supports safety and security for individuals with
    disabilities in situations involving disasters, including
    earthquakes, tornadoes, fires, floods, hurricanes, and acts of
    terrorism, it shall be the policy of the United States that
    executive departments and agencies of the Federal Government
    (agencies):
                (a) consider, in their emergency preparedness
            planning, the unique needs of agency employees with
            disabilities and individuals with disabilities whom the
            agency serves;
                (b) encourage, including through the provision of
            technical assistance, as appropriate, consideration of
            the unique needs of employees and individuals with
            disabilities served by State, local, and tribal
            governments and private organizations and individuals
            in emergency preparedness planning; and
                (c) facilitate cooperation among Federal, State,
            local, and tribal governments and private organizations
            and individuals in the implementation of emergency
            preparedness plans as they relate to individuals with
            disabilities.

    Sec. 2. Establishment of Council.
                (a) There is hereby established, within the
            Department of Homeland Security for administrative
            purposes, the Interagency Coordinating Council on
            Emergency Preparedness and Individuals with
            Disabilities (the ``Council''). The Council shall
            consist exclusively of the following members or their
            designees:
                        (i) the heads of executive departments, the
                    Administrator of the Environmental Protection
                    Agency, the Administrator of General Services,
                    the Director of the Office of Personnel
                    Management, and the Commissioner of Social
                    Security; and
                        (ii) any other agency head as the Secretary
                    of Homeland Security may, with the concurrence
                    of the agency head, designate.
                (b) The Secretary of Homeland Security shall chair
            the Council, convene and preside at its meetings,
            determine its agenda, direct its work, and, as
            appropriate to particular subject matters, establish
            and direct subgroups of the Council, which shall
            consist exclusively of Council members.
                (c) A member of the Council may designate, to
            perform the Council functions of the member, an
            employee of the member's department or agency who is
            either an officer of the United States appointed by the
            President, or a full-time employee serving in a
            position with pay equal to or greater than the minimum
            rate payable for GS-15 of the General Schedule.

    Sec. 3. Functions of Council.
                (a) The Council shall:
                        (i) coordinate implementation by agencies
                    of the policy set forth in section 1 of this
                    order;
                        (ii) whenever the Council obtains in the
                    performance of its functions information or
                    advice from any individual who is not a full-
                    time or permanent part-time Federal employee,
                    obtain such information and advice only in a
                    manner that seeks individual advice and does
                    not involve collective judgment or consensus
                    advice or deliberation; and
                        (iii) at the request of any agency head (or
                    the agency head's designee under section 2(c)
                    of this order) who is a member of the Council,
                    unless the Secretary of Homeland Security
                    declines the request, promptly review and
                    provide advice, for the purpose of furthering
                    the policy set forth in section 1, on a
                    proposed action by that agency.
                (b) The Council shall submit to the President each
            year beginning 1 year after the date of this order,
            through the Assistant to the President for Homeland
            Security, a report that describes:
                        (i) the achievements of the Council in
                    implementing the policy set forth in section 1;
                        (ii) the best practices among Federal,
                    State, local, and tribal governments and
                    private organizations and individuals for
                    emergency preparedness planning with respect to
                    individuals with disabilities; and
                        (iii) recommendations of the Council for
                    advancing the policy set forth in section 1.

    Sec. 4. General.
                (a) To the extent permitted by law:
                        (i) agencies shall assist and provide
                    information to the Council for the performance
                    of its functions under this order; and
                        (ii) the Department of Homeland Security
                    shall provide funding and administrative
                    support for the Council.
                (b) Nothing in this order shall be construed to
            impair or otherwise affect the functions of the
            Director of the Office of Management and Budget
            relating to budget, administrative, or legislative
            proposals.
                (c) This order is intended only to improve the
            internal management of the executive branch and is not
            intended to, and does not, create any right or benefit,
            substantive or procedural, enforceable at law or in
            equity by a party against the United States, its
            departments, agencies, instrumentalities, or entities,
            its officers or employees, or any other person.

                             Executive Order 13353

         Establishing the President's Board on Safeguarding Americans
                                Civil Liberties

    =======================================================================

    Signed:                              August 27, 2004
    Federal Register page and date:      69 FR 53585, September 1, 2004

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to further strengthen protections for the rights of
    Americans in the effective performance of national security and
    homeland security functions, it is hereby ordered as follows:

    Section 1. Policy. The United States Government has a solemn
    obligation, and shall continue fully, to protect the legal
    rights of all Americans, including freedoms, civil liberties,
    and information privacy guaranteed by Federal law, in the
    effective performance of national security and homeland
    security functions.

    Sec. 2. Establishment of Board. To advance the policy set forth
    in section 1 of this order (Policy), there is hereby
    established the President's Board on Safeguarding Americans'
    Civil Liberties (Board). The Board shall be part of the
    Department of Justice for administrative purposes.

    Sec. 3. Functions. The Board shall:
                (a) (i) advise the President on effective means to
            implement the Policy, and (ii) keep the President
            informed of the implementation of the Policy;
                (b) periodically request reports from Federal
            departments and agencies relating to policies and
            procedures that ensure implementation of the Policy;
                (c) recommend to the President policies, guidelines
            and other administrative actions, technologies, and
            legislation, as necessary to implement the Policy;
                (d) at the request of the head of any Federal
            department or agency, unless the Chair, after
            consultation with the Vice Chair, declines the request,
            promptly review and provide advice on a policy or
            action of that department or agency that implicates the
            Policy;
                (e) obtain information and advice relating to the
            Policy from representatives of entities or individuals
            outside the executive branch of the Federal Government
            in a manner that seeks their individual advice and does
            not involve collective judgment or consensus advice or
            deliberation;
                (f) refer, consistent with section 535 of title 28,
            United States Code, credible information pertaining to
            possible violations of law relating to the Policy by
            any Federal employee or official to the appropriate
            office for prompt investigation;
                (g) take steps to enhance cooperation and
            coordination among Federal departments and agencies in
            the implementation of the Policy, including but not
            limited to working with the Director of the Office of
            Management and Budget and other officers of the United
            States to review and assist in the coordination of
            guidelines and policies concerning national security
            and homeland security efforts, such as information
            collection and sharing; and
                (h) undertake other efforts to protect the legal
            rights of all Americans, including freedoms, civil
            liberties, and information privacy guaranteed by
            Federal law, as the President may direct.
        Upon the recommendation of the Board, the Attorney General
    or the Secretary of Homeland Security may establish one or more
    committees that include individuals from outside the executive
    branch of the Federal Government, in accordance with applicable
    law, to advise the Board on specific issues relating to the
    Policy. Any such committee shall carry out its functions
    separately from the Board.

    Sec. 4. Membership and Operation. The Board shall consist
    exclusively of the following:
                (a) the Deputy Attorney General, who shall serve as
            Chair;
                (b) the Under Secretary for Border and
            Transportation Security, Department of Homeland
            Security, who shall serve as Vice Chair;
                (c) the Assistant Attorney General (Civil Rights
            Division);
                (d) the Assistant Attorney General (Office of Legal
            Policy);
                (e) the Council for Intelligence Policy, Department
            of Justice;
                (f) the Chair of the Privacy Council, Federal
            Bureau of Investigation;
                (g) the Assistant Secretary for Information
            Analysis, Department of Homeland Security;
                (h) the Assistant Secretary (Policy), Directorate
            of Border and Transportation Security, Department of
            Homeland Security;
                (i) the Officer for Civil Rights and Civil
            Liberties, Department of Homeland Security;
                (j) the Privacy Officer, Department of Homeland
            Security;
                (k) the Under Secretary for Enforcement, Department
            of the Treasury;
                (l) the Assistant Secretary (Terrorist Financing),
            Department of the Treasury;
                (m) the General Council, Office of Management and
            Budget;
                (n) the Deputy Director of Central Intelligence for
            Community Management;
                (o) the General Council, Central Intelligence
            Agency;
                (p) the General Council, National Security Agency;
                (q) the Under Secretary of Defense for
            Intelligence;
                (r) the General Council of the Department of
            Defense;
                (s) the Legal Adviser, Department of State;
                (t) the Director, Terrorist Threat Integration
            Center; and
                (u) such other officers of the United States as the
            Deputy Attorney General may from time to time
            designate.
        A member of the Board may designate, to perform the Board
    or Board subgroup functions of the member, any person who is
    part of such member's department or agency and who is either
    (i) an officer of the United States appointed by the President,
    or
                        (ii) a member of the Senior Executive
                    Service or the Senior Intelligence Service. The
                    Chair, after consultation with the Vice Chair,
                    shall convene and preside at meetings of the
                    Board, determine its agenda, direct its work,
                    and, as appropriate to deal with particular
                    subject matters, establish and direct subgroups
                    of the Board that shall consist exclusively of
                    members of the Board. The Chair may invite, in
                    his discretion, officers or employees of other
                    departments or agencies to participate in the
                    work of the Board. The Chair shall convene the
                    first meeting of the Board within 20 days after
                    the date of this order and shall thereafter
                    convene meetings of the Board at such times as
                    the Chair, after consultation with the Vice
                    Chair, deems appropriate. The Deputy Attorney
                    General shall designate an official of the
                    Department of Justice to serve as the Executive
                    Director of the Board.

    Sec. 5. Cooperation. To the extent permitted by law, all
    Federal departments and agencies shall cooperate with the Board
    and provide the Board with such information, support, and
    assistance as the Board, through the Chair, may request.

    Sec. 6. Administration. Consistent with applicable law and
    subject to the availability of appropriations, the Department
    of Justice shall provide the funding and administrative support
    for the Board necessary to implement this order.

    Sec. 7. General Provisions.
                (a) This order shall not be construed to impair or
            otherwise affect the authorities of any department,
            agency, instrumentality, officer, or employee of the
            United States under applicable law, including the
            functions of the Director of the Office of Management
            and Budget relating to budget, administrative, or
            legislative proposals.
                (b) his order shall be implemented in a manner
            consistent with applicable laws and Executive Orders
            concerning protection of information, including those
            for the protection of intelligence sources and methods,
            law enforcement information, and classified national
            security information, and the Privacy Act of 1974, as
            amended (5 U.S.C. 552a).
                (c) This order is intended only to improve the
            internal management of the Federal Government and is
            not intended to, and does not, create any right or
            benefit, substantive or procedural, enforceable at law
            or in equity, by a party against the United States, or
            any of its departments, agencies, instrumentalities,
            entities, officers, employees, or agents, or any other
            person.

                             Executive Order 13354

                        National Counterterrorism Center

    =======================================================================

    Signed:                              August 27, 2004
    Federal Register page and date:      69 FR 53589, September 1, 2004

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including section 103(c)(8) of the National Security Act of
    1947, as amended (Act), and to protect the security of the
    United States through strengthened intelligence analysis and
    strategic planning and intelligence support to operations to
    counter transnational terrorist threats against the territory,
    people, and interests of the United States of America, 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 terrorist activities against the
            territory, people, and interests of the United States
            of America, (ii) the interchange of terrorism
            information among agencies, (iii) the interchange of
            terrorism information between agencies and appropriate
            authorities of States and local governments, and (iv)
            the protection of the ability of agencies to acquire
            additional such information.
                (b) Agencies shall protect the freedom, information
            privacy, and other legal rights of Americans in the
            conduct of activities implementing section 1(a) of this
            order.

    Sec. 2. Establishment of National Counterterrorism Center.
                (a) There is hereby 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 Central Intelligence with the
            approval of the President.
                (d) The Director of Central Intelligence shall have
            authority, direction, and control over the Center and
            the Director of the Center.

    Sec. 3. Functions of the Center. The Center shall have the
    following functions:
                (a) serve as the primary organization in the United
            States Government for analyzing and integrating all
            intelligence possessed or acquired by the United States
            Government pertaining to terrorism and
            counterterrorism, excepting purely domestic
            counterterrorism information. The Center may,
            consistent with applicable law, receive, retain, and
            disseminate information from any Federal, State, or
            local government, or other source necessary to fulfill
            its responsibilities concerning the policy set forth in
            section 1 of this order; and agencies authorized to
            conduct counterterrorism activities may query Center
            data for 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 within and among
            agencies;
                (c) assign operational responsibilities to lead
            agencies for counterterrorism activities that are
            consistent with applicable law and that support
            strategic plans to counter terrorism. The Center shall
            ensure that agencies have access to and receive
            intelligence needed to accomplish their assigned
            activities. The Center shall not direct the execution
            of operations. Agencies shall inform the National
            Security Council and the Homeland Security Council of
            any objections to designations and assignments made by
            the Center in the planning and coordination of
            counterterrorism activities;
                (d) serve as the central and shared knowledge bank
            on known and suspected terrorists 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 receive all-source intelligence support
            needed to execute their counterterrorism plans or
            perform independent, alternative analysis.

    Sec. 4. Duties of the Director of Central Intelligence. The
    Director of Central Intelligence shall:
                (a) exercise the authority available by law to the
            Director of Central Intelligence to implement this
            order, including, as appropriate, the authority set
            forth in section 102(e)(2)(H) of the Act;
                (b) report to the President on the implementation
            of this order, within 120 days 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 set forth in section
                    1 of this order, to the extent execution of
                    that policy is within the responsibilities of
                    the Director of Central Intelligence;
                        (2) the effectiveness of the Center in the
                    implementation of the policy set forth in
                    section 1 of this order, to the extent
                    execution of that policy is within the
                    responsibilities of the Director of Central
                    Intelligence; and
                        (3) the cooperation of the heads of
                    agencies in the implementation of this order;
                    and
                (c) ensure the performance of all-source
            intelligence analysis that, among other qualities,
            routinely considers and presents alternative analytical
            views to 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 set forth in section 1 of this order and ensuring
    that the Center effectively performs the functions set forth in
    section 3 of this order, the Director of the Center shall:
                (a) access, as deemed necessary by the Director of
            the Center for the performance of the Center's
            functions, information to which the Director of the
            Center is granted access by section 6 of this order;
                (b) correlate, analyze, evaluate, integrate, and
            produce reports on terrorism information;
                (c) disseminate transnational terrorism
            information, including current terrorism threat
            analysis, to the President, the Vice President in the
            performance of Executive functions, the Secretaries of
            State, Defense, and Homeland 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 of Justice, and other appropriate
            agencies, in fulfillment of their responsibility to
            disseminate terrorism information, consistent with
            applicable law, Executive Orders and other Presidential
            guidance, to State and local government officials, and
            other entities, and coordinate dissemination of
            terrorism information to foreign 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 and
            integration, dissemination, and use of terrorism
            information from whatever sources derived;
                (f) undertake, as soon as the Director of Central
            Intelligence determines it to be practicable, all
            functions assigned to the Terrorist Threat Integration
            Center;
                (g) consistent with priorities approved by the
            President, assist the Director of Central Intelligence
            in establishing requirements for the Intelligence
            Community for the collection of terrorism information,
            to include ensuring military force protection
            requirements are met;
                (h) under the direction of the Director of Central
            Intelligence, and in consultation with heads of
            agencies with organizations in the Intelligence
            Community, identify, coordinate, and prioritize
            counterterrorism intelligence requirements for the
            Intelligence Community; and
                (i) identify, together with relevant agencies,
            specific counterterrorism planning efforts to be
            initiated or accelerated to protect the national
            security.

    Sec. 6. Duties of the Heads of Agencies.
                (a) To implement the policy set forth 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 the
                            Center, unless prohibited by law (such
                            as section 103(c)(7) of the Act or
                            Executive Order 12958, as amended) or
                            otherwise directed by the President;
                                (B) shall cooperate in and
                            facilitate the production of reports
                            based on terrorism information with
                            contents and formats that permit
                            dissemination that maximizes 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 the
                            preparation 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 to counterterrorism shall
                    keep the Director of the Center fully and
                    currently informed 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 the President.
                (b) The head of each agency shall, consistent with
            applicable law, make available to the Director of the
            Center such personnel, funding, and other resources as
            the Director of Central Intelligence, after
            consultation with the head of the agency and with the
            approval of the Director of the Office of Management
            and Budget, may request. In order to ensure maximum
            information sharing consistent with applicable law,
            each agency representative to the Center, 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 Rate Commission and the United States Postal
            Service and excludes the Government Accountability
            Office;
                (b) the term ``Intelligence Community'' has the
            meaning set forth for that term in section 3.4(f) of
            Executive Order 12333 of December 4, 1981, as amended;
                (c) the terms ``local government'', ``State'', and,
            when used in a geographical sense, ``United States''
            have the meanings set forth for 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, whether collected, 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 international terrorist
            groups or individuals, or of domestic groups or
            individuals involved in transnational terrorism; (ii)
            threats posed by such groups or individuals to the
            United States, United States persons, or United States
            interests, or to those of other nations; (iii)
            communications of or by such groups or individuals; or
            (iv) information relating to groups or individuals
            reasonably believed 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 rights of Americans, and subject to the
            availability of appropriations; (ii) shall be
            implemented in a manner consistent with the authority
            of the principal officers of agencies as heads of their
            respective agencies, including under section 199 of the
            Revised Statutes (22 U.S.C. 2651), section 201 of the
            Department of Energy Reorganization Act (42 U.S.C.
            7131), section 102(a) of the Homeland 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, United States Code; and (iii) shall
            not be construed to impair or otherwise affect the
            functions of the 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 improve the internal management of
            the Federal Government and are not intended to, and do
            not, create any rights or benefits, substantive or
            procedural, enforceable at law or in equity by a party
            against the United States, its departments, agencies,
            instrumentalities, or entities, its officers,
            employees, or agents, or any other person.

                             Executive Order 13355

             Strengthened Management of the Intelligence Community

    =======================================================================

    Signed:                              August 27, 2004
    Federal Register page and date:      69 FR 53593, September 1, 2004
    Amends:                              EO 12333, December 12, 1981

    =======================================================================

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including section 103(c)(8) of the National Security Act of
    1947, as amended (Act), and in order to further strengthen the
    effective conduct of United States intelligence activities and
    protect the territory, people, and interests of the United
    States of America, including against terrorist attacks, it is
    hereby ordered as follows:

    Section 1. Strengthening the Authority of the Director of
    Central Intelligence. The Director of Central Intelligence
    (Director) shall perform the functions set forth in this order
    to ensure an enhanced joint, unified national intelligence
    effort to protect the national security of the United States.
    Such functions shall be in addition to those assigned to the
    Director by law, Executive Order, or Presidential directive.

    Sec. 2. Strengthened Role in National Intelligence. Executive
    Order 12333 of December 4, 1981, as amended, is further amended
    as follows:
                (a) Subsection 1.5(a) is amended to read:
                        ``(a)(1) Act as the principal adviser to
                    the President for intelligence matters related
                    to the national security;
                        ``(2) Act as the principal adviser to the
                    National Security Council and Homeland Security
                    Council for intelligence matters related to the
                    national security; and
                (b) Subsection 1.5(b) is amended to read: ``(b)(1)
            Develop such objectives and guidance for the
            Intelligence Community necessary, in the Director's
            judgment, to ensure timely and effective collection,
            processing, analysis, and dissemination of
            intelligence, of whatever nature and from whatever
            source derived, concerning current and potential
            threats to the security of the United States and its
            interests, and to ensure that the National Foreign
            Intelligence Program (NFIP) is structured adequately to
            achieve these requirements; and
                        ``(2) Working with the Intelligence
                    Community, ensure that United States
                    intelligence collection activities are
                    integrated in: (i) collecting against enduring
                    and emerging national security intelligence
                    issues; (ii) maximizing the value to the
                    national security; and (iii) ensuring that all
                    collected data is available to the maximum
                    extent practicable for integration, analysis,
                    and dissemination to those who can act on, add
                    value to, or otherwise apply it to mission
                    needs.''
                (c) Subsection 1.5(g) is amended to read:
                        ``(g)(1) Establish common security and
                    access standards for managing and handling
                    intelligence systems, information, and
                    products, with special emphasis on
                    facilitating:
                                ``(A) the fullest and most prompt
                            sharing of information practicable,
                            assigning the highest priority to
                            detecting, preventing, preempting, and
                            disrupting terrorist threats against
                            our homeland, our people, our allies,
                            and our interests; and
                                ``(B) the establishment of
                            interface standards for an
                            interoperable information sharing
                            enterprise that facilitates the
                            automated sharing of intelligence
                            information among agencies within the
                            Intelligence Community.
                                ``(2) (A) Establish, operate, and
                            direct national centers with respect to
                            matters determined by the President for
                            purposes of this subparagraph to be of
                            the highest national security priority,
                            with the functions of analysis and
                            planning (including planning for
                            diplomatic, financial, military,
                            intelligence, homeland security, and
                            law enforcement activities, and
                            integration of such activities among
                            departments and agencies) relating to
                            such matters.
                                ``(B) The countering of terrorism
                            within the United States, or against
                            citizens of the United States, our
                            allies, and our interests abroad, is
                            hereby determined to be a matter of the
                            highest national security priority for
                            purposes of subparagraph (2)(A) of this
                            subsection.''
                        ``(3) Ensure that appropriate agencies and
                    departments have access to and receive all-
                    source intelligence support needed to perform
                    independent, alternative analysis.''
                (d) Subsection 1.5(m) is amended to read: ``(m)(1)
            Establish policies, procedures, and mechanisms that
            translate intelligence objectives and priorities
            approved by the President into specific guidance for
            the Intelligence Community.
                        ``(2) In accordance with objectives and
                    priorities approved by the President, establish
                    collection requirements for the Intelligence
                    Community, determine collection priorities,
                    manage collection tasking, and resolve
                    conflicts in the tasking of national collection
                    assets (except when otherwise directed by the
                    President or when the Secretary of Defense
                    exercises collection tasking authority under
                    plans and arrangements approved by the
                    Secretary of Defense and the Director) of the
                    Intelligence Community.''
                        ``(3) Provide advisory tasking concerning
                    collection of intelligence information to
                    elements of the United States Government that
                    have information collection capabilities and
                    are not organizations within the Intelligence
                    Community.
                        ``(4) The responsibilities in subsections
                    1.5(m)(2) and (3) apply, to the maximum extent
                    consistent with applicable law, whether
                    information is to be collected inside or
                    outside the United States.''
                (e) Subsection 1.6(a) is amended to read:
                        ``(a) The heads of all departments and
                    agencies shall: ``(1) Unless the Director
                    provides otherwise, give the Director access to
                    all foreign intelligence, counterintelligence,
                    and national intelligence, as defined in the
                    Act, that is relevant to transnational
                    terrorist threats and weapons of mass
                    destruction proliferation threats, including
                    such relevant intelligence derived from
                    activities of the FBI, DHS, and any other
                    department or agency, and all other information
                    that is related to the national security or
                    that otherwise is required for the performance
                    of the Director's duties, except such
                    information that is prohibited by law, by the
                    President, or by the Attorney General acting
                    under this order at the direction of the
                    President from being provided to the Director.
                    The Attorney General shall agree to procedures
                    with the Director pursuant to section 3(5)(B)
                    of the Act no later than 90 days after the
                    issuance of this order that ensure the Director
                    receives all such information;
                        ``(2) support the Director in developing
                    the NFIP;
                        ``(3) ensure that any intelligence and
                    operational systems and architectures of their
                    departments and agencies are consistent with
                    national intelligence requirements set by the
                    Director and all applicable information sharing
                    and security guidelines, and information
                    privacy requirements; and
                        ``(4) provide, to the extent permitted by
                    law, subject to the availability of
                    appropriations, and not inconsistent with the
                    mission of the department or agency, such
                    further support to the Director as the Director
                    may request, after consultation with the head
                    of the department or agency, for the
                    performance of the Director's functions.''

    Sec. 3. Strengthened Control of Intelligence Funding. Executive
    Order 12333 is further amended as follows:
                (a) Subsections 1.5(n), (o), and (p) are amended to
            read as follows:
                        ``(n)(1) Develop, determine, and present
                    with the advice of the heads of departments or
                    agencies that have an organization within the
                    Intelligence Community, the annual consolidated
                    NFIP budget. The Director shall be responsible
                    for developing an integrated and balanced
                    national intelligence program that is directly
                    responsive to the national security threats
                    facing the United States. The Director shall
                    submit such budget (accompanied by dissenting
                    views, if any, of the head of a department or
                    agency that has an organization within the
                    Intelligence Community) to the President for
                    approval; and
                                ``(2) Participate in the
                            development by the Secretary of Defense
                            of the annual budgets for the Joint
                            Military Intelligence Program (JMIP)
                            and the Tactical Intelligence and
                            Related Activities (TIARA) Program.
                        ``(o)(1) Transfer, consistent with
                    applicable law and with the approval of the
                    Director of the Office of Management and
                    Budget, funds from an appropriation for the
                    NFIP to another appropriation for the NFIP or
                    to another NFIP component;
                                ``(2) Review, and approve or
                            disapprove, consistent with applicable
                            law, any proposal to: (i) reprogram
                            funds within an appropriation for the
                            NFIP; (ii) transfer funds from an
                            appropriation for the NFIP to an
                            appropriation that is not for the NFIP
                            within the Intelligence Community; or
                            (iii) transfer funds from an
                            appropriation that is not for the NFIP
                            within the Intelligence Community to an
                            appropriation for the NFIP; and
                                ``(3) Monitor and consult with the
                            Secretary of Defense on reprogrammings
                            or transfers of funds within, into, or
                            out of, appropriations for the JMIP and
                            the TIARA Program.
                        ``(p)(1) Monitor implementation and
                    execution of the NFIP budget by the heads of
                    departments or agencies that have an
                    organization within the Intelligence Community,
                    including, as necessary, by conducting program
                    and performance audits and evaluations;
                                ``(2) Monitor implementation of the
                            JMIP and the TIARA Program and advise
                            the Secretary of Defense thereon; and
                                ``(3) After consultation with the
                            heads of relevant departments, report
                            periodically, and not less often than
                            semiannually, to the President on the
                            effectiveness of implementation of the
                            NFIP Program by organizations within
                            the Intelligence Community, for which
                            purpose the heads of departments and
                            agencies shall ensure that the Director
                            has access to programmatic, execution,
                            and other appropriate information.''

    Sec. 4. Strengthened Role in Selecting Heads of Intelligence
    Organizations. With respect to a position that heads an
    organization within the Intelligence Community:
                (a) if the appointment to that position is made by
            the head of the department or agency or a subordinate
            thereof, no individual shall be appointed to such
            position without the concurrence of the Director;
                (b) if the appointment to that position is made by
            the President alone, any recommendation to the
            President to appoint an individual to that position
            shall be accompanied by the recommendation of the
            Director with respect to the proposed appointment; and
                (c) if the appointment to that position is made by
            the President, by and with the advice and consent of
            the Senate, any recommendation to the President for
            nomination of an individual for that position shall be
            accompanied by the recommendation of the Director with
            respect to the proposed nomination.

    Sec. 5. Strengthened Control of Standards and Qualifications.
    The Director shall issue, after coordination with the heads of
    departments and agencies with an organization in the
    Intelligence Community, and not later than 120 days after the
    date of this order, and thereafter as appropriate, standards
    and qualifications for persons engaged in the performance of
    United States intelligence activities, including but not
    limited to:
                (a) standards for training, education, and career
            development of personnel within organizations in the
            Intelligence Community, and for ensuring compatible
            personnel policies and an integrated professional
            development and education system across the
            Intelligence Community, including standards that
            encourage and facilitate service in multiple
            organizations within the Intelligence Community and
            make such rotated service a factor to be considered for
            promotion to senior positions;
                (b) standards for attracting and retaining
            personnel who meet the requirements for effective
            conduct of intelligence activities;
                (c) standards for common personnel security
            policies among organizations within the Intelligence
            Community; and
                (d) qualifications for assignment of personnel to
            centers established under section 1.5(g)(2) of
            Executive Order 12333, as amended by section 2 of this
            order.

    Sec. 6. Technical Corrections. Executive Order 12333 is further
    amended as follows:
                (a) The preamble is amended by, after ``amended'',
            inserting ``(Act)''.
                (b) Subsection 1.3(a)(4) is amended by, after
            ``governments'', inserting ``and organizations''.
                (c) Subsection 1.4(a) is amended by, after ``needed
            by the President'', inserting ``and, in the performance
            of Executive functions, the Vice President,''.
                (d) Subsection 1.7(c) is amended by striking ``the
            Director of Central Intelligence and'' and by striking
            ``their respective'' and inserting ``its''.
                (e) Subsection 1.8(c) is amended by, after ``agreed
            upon'', inserting ``by''.
                (f) Subsection 1.8(i) is amended by striking ``and
            through'' and inserting in lieu thereof ``through''.
                (g) Subsection 1.10 is amended by:
                        (i) striking ``The Department of the
                    Treasury. The Secretary of the Treasury
                    shall:'' and inserting in lieu thereof ``The
                    Department of the Treasury and the Department
                    of Homeland Security. The Secretary of the
                    Treasury, with respect to subsections (a), (b),
                    and (c), and the Secretary of Homeland Security
                    with respect to subsection (d), shall:'';
                        (ii) in subparagraph (d), after ``used
                    against the President'' inserting ``or the Vice
                    President''; and
                        (iii) in subparagraph (d), striking ``the
                    Secretary of the Treasury'' both places it
                    appears and inserting in lieu thereof in both
                    places ``the Secretary of Homeland Security''.
                (h) Subsection 2.4(c)(1) is amended by striking
            ``present of former'' and inserting in lieu thereof
            ``present or former''.
                (i) Subsection 3.1 is amended by:
                        (i) striking ``as provided in title 50,
                    United States Code, section 413'' and inserting
                    in lieu thereof ``implemented in accordance
                    with applicable law, including title V of the
                    Act''; and
                        (ii) striking ``section 662 of the Foreign
                    Assistance Act of 1961 as amended (22 U.S.C.
                    2422), and section 501 of the National Security
                    Act of 1947, as amended (50 U.S.C. 413),'' and
                    inserting in lieu thereof ``applicable law,
                    including title V of the Act,''.
                (j) Subsection 3.4(b) is amended by striking
            ``visably'' and inserting in lieu thereof ``visibly''.
                (k) Subsection 3.4(f) is amended:
                        (i) after ``agencies within the
                    Intelligence Community'', by inserting ``, or
                    organizations within the Intelligence
                    Community'';
                        (ii) in paragraph (8), by striking
                    ``Those'' and inserting in lieu thereof ``The
                    intelligence elements of the Coast Guard and
                    those''; and
                        (iii) by striking the ``and'' at the end of
                    paragraph (7), striking the period at the end
                    of paragraph (8) and inserting in lieu thereof
                    ``; and'', and adding at the end thereof ``(9)
                    National Geospatial-Intelligence Agency''.

    Sec. 7. General Provisions.
                (a) This order and the amendments made by this
            order:
                        (i) shall be implemented in a manner
                    consistent with applicable law and subject to
                    the availability of appropriations;
                        (ii) shall be implemented in a manner
                    consistent with the authority of the principal
                    officers of the executive departments as heads
                    of their respective departments, including
                    under section 199 of the Revised Statutes (22
                    U.S.C. 2651), section 201 of the Department of
                    Energy Reorganization Act (42 U.S.C. 7131),
                    section 102(a) of the Homeland 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, United States
                    Code; and
                        (iii) shall not be construed to impair or
                    otherwise affect the functions of the Director
                    of the Office of Management and Budget relating
                    to budget, administrative, and legislative
                    proposals.
                (b) Nothing in section 4 of this order limits or
            otherwise affects--
                        (i) the appointment of an individual to a
                    position made before the date of this order; or
                        (ii) the power of the President as an
                    appointing authority to terminate an
                    appointment.
                (c) Nothing in this order shall be construed to
            impair or otherwise affect any authority to provide
            intelligence to the President, the Vice President in
            the performance of Executive functions, and other
            officials in the executive branch.
                (d) This order and amendments made by this order
            are intended only to improve the internal management of
            the Federal Government and are not intended to, and do
            not, create any rights or benefits, substantive or
            procedural, enforceable at law or in equity by a party
            against the United States, its departments, agencies,
            instrumentalities, or entities, its officers,
            employees, or agents, or any other person.

                             Executive Order 13383

             Amending Executive Orders 12139 and 12949 in Light of
              Establishment of the Office of Director of National
                                  Intelligence

    =======================================================================

    Signed:                              July 15, 2005
    Federal Register page and date:      70 FR 41933, July 20, 2005
    Amends:                              EO 12139, May 23, 1979
                                         EO 12949, February 9, 1995

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, it
    is hereby ordered as follows:

    Section. 1. Section 1-103 of Executive Order 12139 of May 23,
    1979, is amended by:
                (a) striking ``(c) Director of Central
            Intelligence'' and inserting in lieu thereof ``(c)
            Director of National Intelligence'';
                (b) striking ``(g) Deputy Director of Central
            Intelligence'' and inserting in lieu thereof ``(g)
            Director of the Central Intelligence Agency''; and
                (c) adding at the end thereof ``(h) Principal
            Deputy Director of National Intelligence.''.

    Sec. 2. Section 3 of Executive Order 12949 of February 9, 1995,
    is amended by:
                (a) striking ``(c) Director of Central
            Intelligence'' and inserting in lieu thereof ``Director
            of National Intelligence'';
                (b) striking ``and'' at the end of subsection (f);
                (c) striking ``(g) Deputy Director of Central
            Intelligence.'' and inserting in lieu thereof ``(g)
            Director of the Central Intelligence Agency; and''; and
                (d) adding at the end thereof ``(h) Principal
            Deputy Director of National Intelligence.''.

    Sec. 3. This order is not intended to, and does not, create any
    right or benefit, substantive or procedural, enforceable by any
    party at law or in equity against the United States, its
    departments, agencies, entities, officers, employees, or
    agents, or any other person.

                             Executive Order 13388

         Further Strengthening the Sharing of Terrorism Information To
                               Protect Americans

    =======================================================================

    Signed:                              October 25, 2005
    Federal Register page and date:      70 FR 62023, October 27, 2005
    Revokes:                             EO 13356, August 27, 2004
    Amends:                              EO 13311, July 29, 2003

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 1016 of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458), and in order to
    further strengthen the effective conduct of United States
    counterterrorism activities and protect the territory, people,
    and interests of the United States of America, including
    against terrorist attacks, it is hereby ordered as follows:

    Section 1. Policy. To the maximum extent consistent with
    applicable law, agencies shall, in the design and use of
    information systems and in the dissemination of information
    among agencies:
                (a) give the highest priority to
                        (i) the detection, prevention, disruption,
                    preemption, and mitigation of the effects of
                    terrorist activities against the territory,
                    people, and interests of the United States of
                    America;
                        (ii) the interchange of terrorism
                    information among agencies;
                        (iii) the interchange of terrorism
                    information between agencies and appropriate
                    authorities of State, local, and tribal
                    governments, and between agencies and
                    appropriate private sector entities; and
                        (iv) the protection of the ability of
                    agencies to acquire additional such
                    information; and
                (b) protect the freedom, information privacy, and
            other legal rights of Americans in the conduct of
            activities implementing subsection (a).

    Sec. 2. Duties of Heads of Agencies Possessing or Acquiring
    Terrorism Information. To implement the policy set forth in
    section 1 of this order, the head of each agency that possesses
    or acquires terrorism information:
                (a) shall promptly give access to the terrorism
            information to the head of each other agency that has
            counterterrorism functions, and provide the terrorism
            information to each such agency, unless otherwise
            directed by the President, and consistent with
                        (i) the statutory responsibilities of the
                    agencies providing and receiving the
                    information;
                        (ii) any guidance issued by the Attorney
                    General to fulfill the policy set forth in
                    subsection 1(b) of this order; and
                        (iii) other applicable law, including
                    sections 102A(g) and (i) of the National
                    Security Act of 1947, section 1016 of the
                    Intelligence Reform and Terrorism Prevention
                    Act of 2004 (including any policies,
                    procedures, guidelines, rules, and standards
                    issued pursuant thereto), sections 202 and 892
                    of the Homeland Security Act of 2002, Executive
                    Order 12958 of April 17, 1995, as amended, and
                    Executive Order 13311 of July 29, 2003; and
                (b) shall cooperate in and facilitate production of
            reports based on terrorism information with contents
            and formats that permit dissemination that maximizes
            the utility of the information in protecting the
            territory, people, and interests of the United States.

    Sec. 3. Preparing Terrorism Information for Maximum
    Distribution. To assist in expeditious and effective
    implementation by agencies of the policy set forth in section 1
    of this order, the common standards for the sharing of
    terrorism information established pursuant to section 3 of
    Executive Order 13356 of August 27, 2004, shall be used, as
    appropriate, in carrying out section 1016 of the Intelligence
    Reform and Terrorism Prevention Act of 2004.

    Sec. 4. Requirements for Collection of Terrorism Information
    Inside the United States. To assist in expeditious and
    effective implementation by agencies of the policy set forth in
    section 1 of this order, the recommendations regarding the
    establishment of executive branch-wide collection and sharing
    requirements, procedures, and guidelines for terrorism
    information collected within the United States made pursuant to
    section 4 of Executive Order 13356 shall be used, as
    appropriate, in carrying out section 1016 of the Intelligence
    Reform and Terrorism Prevention Act of 2004.

    Sec. 5. Establishment and Functions of Information Sharing
    Council.
                (a) Consistent with section 1016(g) of the
            Intelligence Reform and Terrorism Prevention Act of
            2004, there is hereby established an Information
            Sharing Council (Council), chaired by the Program
            Manager to whom section 1016 of such Act refers, and
            composed exclusively of designees of: the Secretaries
            of State, the Treasury, Defense, Commerce, Energy, and
            Homeland Security; the Attorney General; the Director
            of National Intelligence; the Director of the Central
            Intelligence Agency; the Director of the Office of
            Management and Budget; the Director of the Federal
            Bureau of Investigation; the Director of the National
            Counterterrorism Center; and such other heads of
            departments or agencies as the Director of National
            Intelligence may designate.
                (b) The mission of the Council is to
                        (i) provide advice and information
                    concerning the establishment of an
                    interoperable terrorism information sharing
                    environment to facilitate automated sharing of
                    terrorism information among appropriate
                    agencies to implement the policy set forth in
                    section 1 of this order; and
                        (ii) perform the duties set forth in
                    section 1016(g) of the Intelligence Reform and
                    Terrorism Prevention Act of 2004.
                (c) To assist in expeditious and effective
            implementation by agencies of the policy set forth in
            section 1 of this order, the plan for establishment of
            a proposed interoperable terrorism information sharing
            environment reported under section 5(c) of Executive
            Order 13356 shall be used, as appropriate, in carrying
            out section 1016 of the Intelligence Reform and
            Terrorism Prevention Act of 2004.

    Sec. 6. 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 Rate Commission and the United States Postal
            Service and excludes the Government Accountability
            Office; and
                (b) the term ``terrorism information'' has the
            meaning set forth for such term in section 1016(a)(4)
            of the Intelligence Reform and Terrorism Prevention Act
            of 2004.

    Sec. 7. 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 rights of Americans, and
                    subject to the availability of appropriations;
                        (ii) shall be implemented in a manner
                    consistent with the authority of the principal
                    officers of agencies as heads of their
                    respective agencies, including under section
                    199 of the Revised Statutes (22 U.S.C. 2651),
                    section 201 of the Department of Energy
                    Organization Act (42 U.S.C. 7131), section 103
                    of the National Security Act of 1947 (50 U.S.C.
                    403-3), section 102(a) of the Homeland Security
                    Act of 2002 (6 U.S.C. 112(a)), and sections 301
                    of title 5, 113(b) and 162(b) of title 10, 1501
                    of title 15, 503 of title 28, and 301(b) of
                    title 31, United States Code;
                        (iii) shall be implemented consistent with
                    the Presidential Memorandum of June 2, 2005, on
                    ``Strengthening Information Sharing, Access,
                    and Integration - Organizational, Management,
                    and Policy Development Structures for Creating
                    the Terrorism Information Sharing
                    Environment;''
                        (iv) shall not be construed to impair or
                    otherwise affect the functions of the Director
                    of the Office of Management and Budget relating
                    to budget, administrative, and legislative
                    proposals; and
                        (v) shall be implemented in a manner
                    consistent with section 102A of the National
                    Security Act of 1947.
                (b) This order is intended only to improve the
            internal management of the Federal Government and is
            not intended to, and does not, create any rights or
            benefits, substantive or procedural, enforceable at law
            or in equity by a party against the United States, its
            departments, agencies, instrumentalities, or entities,
            its officers, employees, or agents, or any other
            person.

    Sec. 8. Amendments and Revocation.
                (a) Executive Order 13311 of July 29, 2003, is
            amended:
                        (i) by striking ``Director of Central
                    Intelligence'' each place it appears and
                    inserting in lieu thereof in each such place
                    ``Director of National Intelligence''; and
                        (ii) by striking ``103(c)(7)'' and
                    inserting in lieu thereof ``102A(i)(1)''.
                (b) Executive Order 13356 of August 27, 2004, is
            hereby revoked.

                             Executive Order 13389

           Creation of the Gulf Coast Recovery and Rebuilding Council

                        (Amended by EO 13403, EO 13463)

    =======================================================================

    Signed:                              November 1, 2005
    Federal Register page and date:      70 FR 67325, November 4, 2005
    Amended by:                          EO 13403, May 12, 2006
                                         EO 13463, April 18, 2008

    =======================================================================

        By the authority vested in me as President of the United
    States by the Constitution and the laws of the United States of
    America, including the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act, as amended (42 U.S.C. 5121-5206) (the
    ``Stafford Act''), and in order to further strengthen Federal
    support for the recovery and rebuilding of the Gulf Coast
    region affected by Hurricane Katrina and Hurricane Rita, it is
    hereby ordered as follows:

    Section 1. Policy. It is the policy of the United States to
    provide effective, integrated, and fiscally responsible support
    from across the Federal Government to support State, local, and
    tribal governments, the private sector, and faith-based and
    other community humanitarian relief organizations in the
    recovery and rebuilding of the Gulf Coast region affected by
    Hurricane Katrina and Hurricane Rita.

    Sec. 2. Establishment.
                (a) There is established, within the Executive
            Office of the President, the Gulf Coast Recovery and
            Rebuilding Council (the ``Council''). The Assistant to
            the President for Homeland Security and
            Counterterrorism''; shall serve as the Chairman of the
            Council (the ``Chairman''). The Council shall consist
            exclusively of the following members or full-time
            Federal officers or employees designated by them,
            respectively:
                        (i) Secretary of the Treasury;
                        (ii) Secretary of Defense;
                        (iii) Attorney General;
                        (iv) Secretary of the Interior;
                        (v) Secretary of Agriculture;
                        (vi) Secretary of Commerce;
                        (vii) Secretary of Labor;
                        (viii) Secretary of Health and Human
                    Services;
                        (ix) Secretary of Housing and Urban
                    Development;
                        (x) Secretary of Transportation;
                        (xi) Secretary of Energy;
                        (xii) Secretary of Education;
                        (xiii) Secretary of Veterans Affairs;
                        (xiv) Secretary of Homeland Security;
                        (xv) Administrator of the Environmental
                    Protection Agency;
                        (xvi) Chairman of the Council of Economic
                    Advisers;
                        (xvii) Administrator of the Small Business
                    Administration;
                        (xviii) Director of the Office of
                    Management and Budget;
                        (xix) Coordinator of Federal Support for
                    the Recovery and Rebuilding of the Gulf Coast
                    Region;
                        (xx) Assistant to the President for
                    Economic Policy;
                        (xxi) Assistant to the President for
                    Domestic Policy;
                        (xxii) Assistant to the President for
                    Homeland Security and Counterterrorism; and
                        (xxiii) Such other officers and employees
                    of the executive branch as the Chairman may
                    from time to time designate.
                (b) The Chairman, in consultation with the
            Coordinator, shall convene and preside over meetings of
            the Council, determine its agenda, direct its work,
            and, as appropriate to particular subject matters,
            establish and direct subgroups of the Council, which
            shall consist of Council members or their designees
            under subsection 2(a) of this order, and including
            those officers and employees of the executive branch as
            designated by the Chairman.

    Sec. 3. Functions of Council. The Council shall:
                (a) at the request of the Chairman, the Coordinator
            of Federal Support for the Recovery and Rebuilding of
            the Gulf Coast Region, or any agency head who is a
            member of the Council (subject to the approval of the
            Chairman), promptly review and provide advice and
            guidance, for the purpose of furthering the policy set
            forth in section 1 of this order, regarding any issue
            relating to the implementation of that policy; and
                (b) make recommendations to the President, as
            appropriate, regarding any issue considered by the
            Council pursuant to section 3(a) of this order.

    Sec. 4. General.
                (a) To the extent permitted by law:
                        (i) agencies shall assist and provide
                    information to the Council for the performance
                    of its functions under this order; and
                        (ii) the Director of the Office of
                    Administration shall provide or arrange for the
                    provision of administrative support to the
                    Council.
                (b) Nothing in this order shall be construed to
            impair or otherwise affect the functions of the
            Director of the Office of Management and Budget
            relating to budget, administrative, or legislative
            proposals.
                (c) This order shall be implemented in a manner
            consistent with applicable law and subject to the
            availability of appropriations.
                (d) This order is intended only to improve the
            internal management of the executive branch and is not
            intended to, and does not, create any right or benefit,
            substantive or procedural, enforceable at law or in
            equity by a party against the United States, its
            departments, agencies, instrumentalities, or entities,
            its officers or employees, or any other person.

    Sec. 5. Termination. The Council shall terminate February 28,
    2009, unless extended by the President.

                             Executive Order 13390

           Establishment of a Coordinator of Federal Support for the
                Recovery and Rebuilding of the Gulf Coast Region

                   (Amended by EO 13463, EO 13504, PEO 13512)

    =======================================================================

    Signed:                              November 1, 2005
    Federal Register page and date:      70 FR 67327, November 4, 2005
    Amended by:                          EO 13463, April 18, 2008
                                         EO 13504, February 19, 2009
                                         EO 13512, September 29, 2009

    =======================================================================

        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 (6 U.S.C. 101 et
    seq.) and the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act, as amended (42 U.S.C. 5121-5206) (the
    ``Stafford Act''), and to further strengthen Federal support
    for the recovery and rebuilding of the Gulf Coast region
    affected by Hurricane Katrina and Hurricane Rita, it is hereby
    ordered as follows:

    Section 1. Policy. It is the policy of the United States to
    provide effective, integrated, and fiscally responsible support
    from across the Federal Government to support State, local, and
    tribal governments, the private sector, and faith-based and
    other community humanitarian relief organizations in the
    recovery and rebuilding of the Gulf Coast region affected by
    Hurricane Katrina and Hurricane Rita (the ``Federal
    Response'').

    Sec. 2. Establishment of Coordinator. The Secretary of Homeland
    Security (Secretary) shall establish in the Department of
    Homeland Security the position of Coordinator of Federal
    Support for the Recovery and Rebuilding of the Gulf Coast
    Region (Coordinator). The Coordinator shall be selected by the
    President and shall be appointed by and report directly to the
    Secretary. The Secretary shall make available to the
    Coordinator such personnel, funds, and other resources as may
    be appropriate to enable the Coordinator to carry out the
    Coordinator's mission.

    Sec. 3. Mission and Functions of Coordinator.
                (a) The Coordinator's mission shall be to work with
            executive departments and agencies to ensure the proper
            implementation of the policy set forth in section 1 of
            this order by coordinating the Federal Response. The
            Coordinator shall be the principal point of contact for
            the President and his senior advisors with respect to
            the Federal Response.
                (b) Working with the input of all appropriate heads
            of executive departments and agencies, the Coordinator
            shall lead the process to develop the principles
            governing and define the goals of the Federal Response.
            The Coordinator shall communicate those principles and
            goals to all Federal officials involved in the Federal
            Response.
                (c) Working with the input of all appropriate heads
            of executive departments and agencies, the Coordinator
            shall lead the development and monitor the
            implementation of the specific policies and programs
            that constitute the Federal Response, and ensure that
            those polices and programs are consistent with the
            principles and goals of the Federal Response.
                (d) The Coordinator shall serve as the primary
            point of contact within the executive branch with the
            Congress, State and local governments, the private
            sector, and community leaders regarding the Federal
            Response. Working with the input of all appropriate
            heads of executive departments and agencies, the
            Coordinator shall be responsible for managing
            information flow, requests for actions, and discussions
            regarding the Federal Response with the Congress, State
            and local governments, the private sector, and
            community leaders.

    Sec. 4. Duties of Heads of Departments and Agencies. Heads of
    executive departments and agencies shall respond promptly to
    any request by the Coordinator, and shall, consistent with
    applicable law, provide such information as the Coordinator
    deems necessary to carry out the Coordinator's mission, and
    shall otherwise cooperate with the Coordinator to the greatest
    extent practicable to facilitate the performance of the
    Coordinator's mission.

    Sec. 5. General Provisions.
                (a) Nothing in this order shall be construed to
            impair or otherwise affect:
                        (i) authority granted by law to an agency
                    or the head thereof;
                        (ii) the functions of the Director of the
                    Office of Management and Budget relating to
                    budget, administrative, or legislative
                    proposals; or
                        (iii) the chain of command over the Armed
                    Forces provided in section 162(b) of title 10,
                    United States Code.
                (b) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations, and shall terminate April 1, 2010.
                (c) As used in this order, the term ``agency'' has
            the meaning set forth for the term ``executive agency''
            in section 105 of title 5, United States Code,
            excluding the Government Accountability Office.
                (d) This order is intended only to improve the
            internal management of the executive branch and is not
            intended to, and does not, create any right or benefit,
            substantive or procedural, enforceable at law or in
            equity by a party against the United States, its
            departments, agencies, entities, officers, employees or
            agents, or any other person.

                             Executive Order 13407

                        Public Alert and Warning System

    =======================================================================

    Signed:                              June 26, 2006
    Federal Register page and date:      71 FR 36975, June 28, 2006
    Amends:                              EO 12472, April 3, 1984

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act, as amended (42 U.S.C. 5121 et seq.), and the
    Homeland Security Act of 2002, as amended (6 U.S.C. 101 et
    seq.), it is hereby ordered as follows:

    Section 1. Policy. It is the policy of the United States to
    have an effective, reliable, integrated, flexible, and
    comprehensive system to alert and warn the American people in
    situations of war, terrorist attack, natural disaster, or other
    hazards to public safety and well- being (public alert and
    warning system), taking appropriate account of the functions,
    capabilities, and needs of the private sector and of all levels
    of government in our Federal system, and to ensure that under
    all conditions the President can communicate with the American
    people.

    Sec. 2. Functions of the Secretary of Homeland Security.
                (a) To implement the policy set forth in section 1
            of this order, the Secretary of Homeland Security
            shall:
                        (i) inventory, evaluate, and assess the
                    capabilities and integration with the public
                    alert and warning system of Federal, State,
                    territorial, tribal, and local public alert and
                    warning resources;
                        (ii) establish or adopt, as appropriate,
                    common alerting and warning protocols,
                    standards, terminology, and operating
                    procedures for the public alert and warning
                    system to enable interoperability and the
                    secure delivery of coordinated messages to the
                    American people through as many communication
                    pathways as practicable, taking account of
                    Federal Communications Commission rules as
                    provided by law;
                        (iii) ensure the capability to adapt the
                    distribution and content of communications on
                    the basis of geographic location, risks, or
                    personal user preferences, as appropriate;
                        (iv) include in the public alert and
                    warning system the capability to alert and warn
                    all Americans, including those with
                    disabilities and those without an understanding
                    of the English language;
                        (v) through cooperation with the owners and
                    operators of communication facilities,
                    maintain, protect, and, if necessary, restore
                    communications facilities and capabilities
                    necessary for the public alert and warning
                    system;
                        (vi) ensure the conduct of training, tests,
                    and exercises for the public alert and warning
                    system;
                        (vii) ensure the conduct of public
                    education efforts so that State, territorial,
                    tribal, and local governments, the private
                    sector, and the American people understand the
                    functions of the public alert and warning
                    system and how to access, use, and respond to
                    information from the public alert and warning
                    system;
                        (viii) consult, coordinate, and cooperate
                    with the private sector, including
                    communications media organizations, and
                    Federal, State, territorial, tribal, and local
                    governmental authorities, including emergency
                    response providers, as appropriate;
                        (ix) administer the Emergency Alert System
                    (EAS) as a critical component of the public
                    alert and warning system; and
                        (x) ensure that under all conditions the
                    President of the United States can alert and
                    warn the American people.
                (b) In performing the functions set forth in
            subsection (a) of this section, the Secretary of
            Homeland Security shall coordinate with the Secretary
            of Commerce, the heads of other departments and
            agencies of the executive branch (agencies), and other
            officers of the United States, as appropriate, and the
            Federal Communications Commission.
                (c) The Secretary of Homeland Security may issue
            guidance to implement this order.

    Sec. 3. Duties of Heads of Departments and Agencies.
                (a) The heads of agencies shall provide such
            assistance and information as the Secretary of Homeland
            Security may request to implement this order.
                (b) In addition to performing the duties specified
            under subsection (a) of this section:
                        (i) the Secretary of Commerce shall make
                    available to the Secretary of Homeland
                    Security, to assist in implementing this order,
                    the capabilities and expertise of the
                    Department of Commerce relating to standards,
                    technology, telecommunications, dissemination
                    systems, and weather;
                        (ii) the Secretary of Defense shall provide
                    to the Secretary of Homeland Security
                    requirements for the public alert and warning
                    system necessary to ensure proper coordination
                    of the functions of the Department of Defense
                    with the use of such system;
                        (iii) the Federal Communications Commission
                    shall, as provided by law, adopt rules to
                    ensure that communications systems have the
                    capacity to transmit alerts and warnings to the
                    public as part of the public alert and warning
                    system; and
                        (iv) the heads of agencies with
                    capabilities for public alert and warning shall
                    comply with guidance issued by the Secretary of
                    Homeland Security under subsection 2(c) of this
                    order, and shall develop and maintain such
                    capabilities in a manner consistent and
                    interoperable with the public alert and warning
                    system.

    Sec. 4. Reports on Implementation. Not later than 90 days after
    the date of this order, the Secretary of Homeland Security
    shall submit to the President, through the Assistant to the
    President for Homeland Security and Counterterrorism, a plan
    for the implementation of this order, and shall thereafter
    submit reports from time to time, and not less often than once
    each year, on such implementation, together with any
    recommendations the Secretary finds appropriate.

    Sec. 5. Amendment, Revocation, and Transition.
                (a) Section 3(b)(4) of Executive Order 12472 of
            April 3, 1984, as amended, is further amended by
            striking ``Emergency Broadcast System'' and inserting
            in lieu thereof ``Emergency Alert System''.
                (b) Not later than 120 days after the date of this
            order, the Secretary of Homeland Security, after
            consultation with the Assistant to the President for
            Homeland Security and Counterterrorism, shall issue
            guidance under section 2(c) of this order that shall
            address the subject matter of the presidential
            memorandum of September 15, 1995, for the Director,
            Federal Emergency Management Agency, on Presidential
            Communications with the General Public During Periods
            of National Emergency, and upon issuance of such
            guidance such memorandum is revoked.
                (c) The Secretary of Homeland Security shall ensure
            an orderly and effective transition, without loss of
            capability, from alert and warning systems available as
            of the date of this order to the public alert and
            warning system for which this order provides.

    Sec. 6. General Provisions.
                (a) This order shall be implemented in a manner
            consistent with:
                        (i) applicable law and presidential
                    guidance, including Executive Order 12472 of
                    April 3, 1984, as amended, and subject to the
                    availability of appropriations; and
                        (ii)the authorities of agencies, or heads
                    of agencies, vested by law.
                (b) This order shall not be construed to impair or
            otherwise affect the functions of the Director of the
            Office of Management and Budget relating to budget,
            administrative, and legislative proposals.
                (c) This order is not intended to, and does not,
            create any rights or benefits, substantive or
            procedural, enforceable at law or in equity by a party
            against the United States, its agencies,
            instrumentalities, or entities, its officers,
            employees, or agents, or any other person.

                             Executive Order 13416

                 Strengthening Surface Transportation Security

    =======================================================================

    Signed:                              December 5, 2006
    Federal Register page and date:      71 FR 71033, December 7, 2006

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    to strengthen the security of the Nation's surface
    transportation systems and thereby enhance the protection of
    the people, property, and territory of the United States of
    America against terrorist attacks, it is hereby ordered as
    follows:

    Section 1. Policy. The security of our Nation's surface
    transportation systems is a national priority, vital to our
    economy, and essential to the security of our Nation. Federal,
    State, local, and tribal governments, the private sector, and
    the public share responsibility for the security of surface
    transportation. It is the policy of the United States to
    protect the people, property, and territory of the United
    States by facilitating the implementation of a comprehensive,
    coordinated, and efficient security program to protect surface
    transportation systems within and adjacent to the United States
    against terrorist attacks.

    Sec. 2. Definitions. For purposes of this order:
                (a) ``agencies'' means those executive departments
            enumerated in 5 U.S.C. 101, independent establishments
            as defined by 5 U.S.C. 104(1), government corporations
            as defined by 5 U.S.C. 103(1), and the United States
            Postal Service;
                (b) ``Secretary'' means the Secretary of Homeland
            Security;
                (c) ``security guideline'' means any security-
            related guidance that the Secretary recommends, for
            implementation on a voluntary basis, to enhance the
            security of surface transportation;
                (d) ``security requirement'' means any ``regulatory
            action'' as defined in section 3 of Executive Order
            12866 of September 30, 1993, as amended (Regulatory
            Planning and Review), including security directives
            when appropriate, to implement measures to enhance the
            security of surface transportation;
                (e) ``surface transportation modes'' means mass
            transit, commuter and long-distance passenger rail,
            freight rail, commercial vehicles (including intercity
            buses), and pipelines, and related infrastructure
            (including roads and highways), that are within the
            territory of the United States, but does not include
            electric grids; and
                (f) ``surface transportation'' means any conveyance
            of people, goods, or commodities using one or more
            surface transportation modes.

    Sec. 3. Functions of the Secretary of Homeland Security. The
    Secretary is the principal Federal official responsible for
    infrastructure protection activities for surface
    transportation. To implement the policy set forth in section 1
    of this order, the Secretary shall, consistent with the
    National Infrastructure Protection Plan (NIPP), in coordination
    with the Secretary of Transportation, and in consultation with
    the heads of other relevant agencies:
                (a) assess the security of each surface
            transportation mode and evaluate the effectiveness and
            efficiency of current Federal Government surface
            transportation security initiatives;
                (b) building upon current security initiatives, not
            later than December 31, 2006, develop a comprehensive
            transportation systems sector specific plan, as defined
            in the NIPP;
                (c) not later than 90 days after the comprehensive
            transportation systems sector specific plan is
            completed, develop an annex to such plan that addresses
            each surface transportation mode, which shall also
            include, at a minimum--(i) an identification of
            existing security guidelines and security requirements
            and any security gaps, a description of how the
            transportation systems sector specific plan will be
            implemented for such mode, and the respective roles,
            responsibilities, and authorities of Federal, State,
            local, and tribal governments and the private sector;
            (ii) schedules and protocols for annual reviews of the
            effectiveness of surface transportation security-
            related information sharing mechanisms in bringing
            about the timely exchange of surface transportation
            security information among Federal, State, local, and
            tribal governments and the private sector, as
            appropriate; and (iii) a process for assessing (A)
            compliance with any security guidelines and security
            requirements issued by the Secretary for surface
            transportation, and (B) the need for revision of such
            guidelines and requirements to ensure their continuing
            effectiveness;
                (d) in consultation with State, local, and tribal
            government officials and the private sector, not later
            than 180 days after the date of this order, identify
            surface transportation modes, or components thereof,
            that are subject to high risk of terrorist attack,
            draft appropriate security guidelines or security
            requirements to mitigate such risks, and ensure that,
            prior to their issuance, draft security requirements
            are transmitted to the Office of Management and Budget
            for review in accordance with Executive Order 12866 and
            draft security guidelines receive appropriate
            interagency review;
                (e) develop, implement, and lead a process, in
            collaboration with other agencies, State, local, and
            tribal governments, and the private sector, as
            appropriate, to coordinate research, development,
            testing, and evaluation of technologies (including
            alternative uses for commercial off-the-shelf
            technologies and products) relating to the protection
            of surface transportation, including--(i) determining
            product and technology needs to inform the requirements
            for and prioritization of research, development,
            testing, and evaluation, based on the security
            guidelines and security requirements developed pursuant
            to subsection (c) of this section and evolving
            terrorist threats to the security of surface
            transportation; (ii) collecting information on existing
            and planned research, development, testing, and
            evaluation efforts; and (iii) not later than 180 days
            after the date of this order, consistent with section
            313 of the Homeland Security Act of 2002, as amended (6
            U.S.C. 193), establishing and making available to
            Federal, State, local, and tribal government entities,
            and private sector owners and operators of surface
            transportation systems, lists of available technologies
            and products relating to the protection of surface
            transportation; and
                (f) use security grants authorized by law to assist
            in implementing security requirements and security
            guidelines issued pursuant to law and consistent with
            subsection (c) of this section.

    Sec. 4. Duties of Heads of Other Agencies. Heads of agencies,
    as appropriate, shall provide such assistance and information
    as the Secretary may request to implement this order.

    Sec. 5. General Provisions. This order:
                (a) shall be implemented consistent with applicable
            law and the authorities of agencies, or heads of
            agencies, vested by law, and subject to the
            availability of appropriations;
                (b) shall not be construed to impair or otherwise
            affect the functions of the Director of the Office of
            Management and Budget relating to budget,
            administrative, and legislative proposals; and
                (c) is not intended to, and does not, create any
            rights or benefits, substantive or procedural,
            enforceable at law or in equity by a party against the
            United States, its agencies, instrumentalities, or
            entities, its officers, employees, or agents, or any
            other person.

                             Executive Order 13434

                   National Security Professional Development

    =======================================================================

    Signed:                              May 17, 2007
    Federal Register page and date:      72 FR 28583, May 22, 2007

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to enhance the national security, it is hereby ordered
    as follows:

    Section 1. Policy. In order to enhance the national security of
    the United States, including preventing, protecting against,
    responding to, and recovering from natural and manmade
    disasters, such as acts of terrorism, it is the policy of the
    United States to promote the education, training, and
    experience of current and future professionals in national
    security positions (security professionals) in executive
    departments and agencies (agencies).

    Sec. 2. National Strategy for Professional Development. Not
    later than 60 days after the date of this order, the Assistant
    to the President for Homeland Security and Counterterrorism
    (APHS/CT), in coordination with the Assistant to the President
    for National Security Affairs (APNSA), shall submit to the
    President for approval a National Strategy for the Development
    of Security Professionals (National Strategy). The National
    Strategy shall set forth a framework that will provide to
    security professionals access to integrated education,
    training, and professional experience opportunities for the
    purpose of enhancing their mission-related knowledge, skills,
    and experience and thereby improve their capability to
    safeguard the security of the Nation. Such opportunities shall
    be provided across organizations, levels of government, and
    incident management disciplines, as appropriate.

    Sec. 3. Executive Steering Committee.
              (a) There is established the Security Professional
            Development Executive Steering Committee (Steering
            Committee), which shall facilitate the implementation
            of the National Strategy. Not later than 120 days after
            the approval of the National Strategy by the President,
            the Steering Committee shall submit to the APHS/CT and
            the APNSA an implementation plan (plan) for the
            National Strategy, and annually thereafter shall submit
            to the APHS/CT and the APNSA a status report on the
            implementation of the plan and any recommendations for
            changes to the National Strategy.
              (b) The Steering Committee shall consist exclusively
            of the following members (or their designees who shall
            be full-time officers or employees of the members'
            respective agencies):
                      (i)    the Director of the Office of
                    Personnel Management, who shall serve as Chair;
                      (ii)    the Secretary of State;
                      (iii)    the Secretary of the Treasury;
                      (iv)    the Secretary of Defense;
                      (v)    the Attorney General;
                      (vi)    the Secretary of Agriculture;
                      (vii)    the Secretary of Labor;
                      (viii)    the Secretary of Health and Human
                    Services;
                      (ix)  the Secretary of Housing and Urban
                    Development;
                      (x)    the Secretary of Transportation;
                      (xi)  the Secretary of Energy;
                      (xii)  the Secretary of Education;
                      (xiii)  the Secretary of Homeland Security;
                      (xiv)  the Director of National Intelligence;
                      (xv)  the Director of the Office of
                    Management and Budget; and
                      (xvi)  such other officers of the United
                    States as the Chair of the Steering Committee
                    may designate from time to time.
              (c) The Steering Committee shall coordinate, to the
            maximum extent practicable, national security
            professional development programs and guidance issued
            by the heads of agencies in order to ensure an
            integrated approach to such programs.
              (d) The Chair of the Steering Committee shall convene
            and preside at the meetings of the Steering Committee,
            set its agenda, coordinate its work, and, as
            appropriate to deal with particular subject matters,
            establish subcommittees of the Steering Committee that
            shall consist exclusively of members of the Steering
            Committee (or their designees under subsection (b) of
            this section), and such other full-time or permanent
            part-time officers or employees of the Federal
            Government as the Chair may designate.

    Sec. 4. Responsibilities. The head of each agency with national
    security functions shall:
              (a) identify and enhance existing national security
            professional development programs and infrastructure,
            and establish new programs as necessary, in order to
            fulfill their respective missions to educate, train,
            and employ security professionals consistent with the
            National Strategy and, to the maximum extent
            practicable, the plan and related guidance from the
            Steering Committee; and
              (b) cooperate with the Steering Committee and provide
            such information, support, and assistance as the Chair
            of the Steering Committee may request from time to
            time.

    Sec. 5. Additional Responsibilities.
              (a) Except for employees excluded by law, and subject
            to subsections (b), (c), and (d) of this section, the
            Director of the Office of Personnel Management, after
            consultation with the Steering Committee, shall: (i)
            consistent with applicable merit-based hiring and
            advancement principles, lead the establishment of a
            national security professional development program in
            accordance with the National Strategy and the plan that
            provides for interagency and intergovernmental
            assignments and fellowship opportunities and provides
            for professional development guidelines for career
            advancement; and (ii) issue to agencies rules and
            guidance or apply existing rules and guidance relating
            to the establishment of national security professional
            development programs to implement the National Strategy
            and the plan;
              (b) The Secretary of Defense shall issue rules or
            guidance on professional development programs for
            Department of Defense military personnel, including
            interagency and intergovernmental assignments and
            fellowship opportunities, to implement the National
            Strategy and the plan, as appropriate, and shall
            coordinate such programs, to the maximum extent
            practicable, with the Steering Committee;
              (c) The Secretary of State shall issue rules or
            guidance on national security professional development
            programs for the Foreign Service, including interagency
            and intergovernmental exchanges and fellowship
            opportunities, to implement the National Strategy and
            the plan, as appropriate, and shall coordinate such
            programs, to the maximum extent practicable, with the
            Steering Committee;
              (d) The Director of National Intelligence, in
            coordination with the heads of agencies of which
            elements of the intelligence community are a part,
            shall issue rules or guidance on national security
            professional development programs for the intelligence
            community, including interagency and intergovernmental
            assignments and fellowship opportunities, to implement
            the National Strategy and the plan, as appropriate, and
            shall coordinate such programs, to the maximum extent
            practicable, with the Steering Committee; and
              (e) The Secretary of Homeland Security shall develop
            a program to provide to Federal, State, local, and
            tribal government officials education in disaster
            preparedness, response, and recovery plans and
            authorities, and training in crisis decision-making
            skills, consistent with applicable presidential
            guidance.

    Sec. 6. General Provisions. This order:
              (a) shall be implemented consistent with applicable
            law and authorities of agencies, or heads of agencies,
            vested by law, and subject to the availability of
            appropriations;
              (b) shall not be construed to impair or otherwise
            affect the authorities of any agency, instrumentality,
            officer, or employee of the United States under
            applicable law, including the functions of the Director
            of the Office of Management and Budget relating to
            budget, administrative, or legislative proposals, or
            the functions assigned by the President to the Director
            of the Office of Personnel Management; and
              (c) is not intended to, and does not, create any
            right, benefit, or privilege, substantive or
            procedural, enforceable at law or in equity, by any
            party against the United States, its departments,
            agencies, instrumentalities, or entities, its officers
            or employees, or any other person.

                             Executive Order 13442

        Amending the Order of Succession in the Department of Homeland
                                    Security

    =======================================================================

    Signed:                              August 13, 2007
    Federal Register page and date:      72 FR 45877, August 15, 2007
    Amends:                              EO 13286, February 28, 2003
    Revokes:                             EO 13362, November 29, 2004

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Federal Vacancies Reform Act of 1998, 5 U.S.C.
    3345, et seq., it is hereby ordered as follows:

    Section 1. Section 88 of Executive Order 13286 of February 28,
    2003 (``Amendment of Executive Orders, and Other Actions, in
    Connection With the Transfer of Certain Functions to the
    Secretary of Homeland Security''), is amended by striking the
    text of such section in its entirety and inserting the
    following in lieu thereof:
            ``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, the
            Secretary of Homeland Security (Secretary), if they are
            eligible to act as Secretary under the provisions of
            the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345
            et seq. (Vacancies Act), 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 National
                            Protection and Programs;
                            (iii) Under Secretary for Management;
                            (iv) Assistant Secretary of Homeland
                            Security (Policy);
                            (v) Under Secretary for Science and
                            Technology;
                            (vi) General Council;
                            (vii) Assistant Secretary of Homeland
                            Security (Transportation Security
                            Administration);
                            (viii) Administrator of the Federal
                            Emergency Management Agency;
                            (ix) Commissioner of U.S. Customs and
                            Border Protection;
                            (x) Assistant Secretary of Homeland
                            Security (U.S. Immigration and Customs
                            Enforcement);
                            (xi) Director of U.S. Citizenship and
                            Immigration Services;
                            (xii) Chief Financial Officer;
                            (xiii) Regional Administrator, Region
                            V, Federal Emergency Management Agency;
                            (xiv) Regional Administrator, Region
                            VI, Federal Emergency Management
                            Agency;
                            (xv) Regional Administrator, Region
                            VII, Federal Emergency Management
                            Agency;
                            (xvi) Regional Administrator, Region
                            IX, Federal Emergency Management
                            Agency; and
                            (xvii) Regional Administrator, Region
                            I, Federal Emergency Management Agency.
                    ``(b) Exceptions.
                            (i) No individual who is serving in an
                            office listed in subsection (a) in an
                            acting capacity, by virtue of so
                            serving, shall act as Secretary
                            pursuant to this section.
                            (ii) Notwithstanding the provisions of
                            this section, the President retains
                            discretion, to the extent permitted by
                            the Vacancies Act, to depart from this
                            order in designating an acting
                            Secretary.''

    Sec. 2. Executive Order 13362 of November 29, 2004
    (``Designation of Additional Officers for the Department of
    Homeland Security Order of Succession''), is hereby revoked.

                             Executive Order 13462

           President's Intelligence Advisory Board and Intelligence
                                Oversight Board

                            (As Amended by EO 13516)

    =======================================================================

    Signed:                              February 29, 2008
    Federal Register page and date:      73 FR 4677, January 25, 2008
    Amended by:                          EO 13516, October 28, 2009
    Revokes:                             EO 12863, September 13, 1993

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, it
    is hereby ordered as follows:

    Section 1. Policy. It is the policy of the United States to
    ensure that the President and other officers of the United
    States with responsibility for the security of the Nation and
    the advancement of its interests have access to accurate,
    insightful, objective, and timely information concerning the
    capabilities, intentions, and activities of foreign powers.

    Sec. 2. Definitions. As used in this order:
                (a) ``department concerned'' means an executive
            department listed in section 101 of title 5, United
            States Code, that contains an organization listed in or
            designated pursuant to section 3(4) of the National
            Security Act of 1947, as amended (50 U.S.C. 401a(4));
                (b) ``intelligence activities'' has the meaning
            specified in section 3.5of Executive Order 12333 of
            December 4, 1981, as amended; and
                (c) ``intelligence community'' means the
            organizations listed in or designated pursuant to
            section 3(4) of the National Security Act of 1947, as
            amended.

    Sec. 3. Establishment of the President's Intelligence Advisory
    Board.
                (a) There is hereby established, within the
            Executive Office of the President and exclusively to
            advise and assist the President as set forth in this
            order, the President's Intelligence Advisory Board
            (PIAB).
                (b) The PIAB shall consist of not more than 16
            members appointed by the President from among
            individuals who are not full-time employees of the
            Federal Government.
                (c) The President shall designate a Chair or Co-
            Chairs from among the members of the PIAB, who shall
            convene and preside at meetings of the PIAB, determine
            its agenda, and direct its work.
                (d) Members of the PIAB and the Intelligence
            Oversight Board (IOB) established in section 5 of this
            order:
                        (i) shall serve without any compensation
                    for their work on the PIAB or the IOB; and
                        (ii) while engaged in the work of the PIAB
                    or the IOB, may be allowed travel expenses,
                    including per diem in lieu of subsistence, as
                    authorized by law for persons serving
                    intermittently in the Government (5 U.S.C.
                    5701-5707).
                (e) The PIAB shall utilize such full-time
            professional and administrative staff as authorized by
            the Chair and approved by the President or the
            President's designee. Such staff shall be supervised by
            an Executive Director of the PIAB, appointed by the
            President, whom the President may designate to serve
            also as the Executive Director of the IOB.

    Sec. 4. Functions of the PIAB. Consistent with the policy set
    forth in section 1 of this order, the PIAB shall have the
    authority to, as the PIAB determines appropriate, or shall,
    when directed by the President:
                (a) assess the quality, quantity, and adequacy of
            intelligence collection, of analysis and estimates, and
            of counterintelligence and other intelligence
            activities, assess the adequacy of management,
            personnel and organization in the intelligence
            community, and review the performance of all agencies
            of the Federal Government that are engaged in the
            collection, evaluation, or production of intelligence
            or the execution of intelligence policy and report the
            results of such assessments or reviews:
                        (i) to the President, as necessary but not
                    less than twice each year; and
                        (ii) to the Director of National
                    Intelligence (DNI) and the heads of departments
                    concerned when the PIAB determines appropriate;
                    and
                (b) consider and make appropriate recommendations
            to the President, the DNI, or the head of the
            department concerned with respect to matters identified
            to the PIAB by the DNI or the head of a department
            concerned.

    Sec. 5. Establishment of Intelligence Oversight Board.
                (a) There is hereby established a committee of the
            PIAB to be known as the Intelligence Oversight Board.
                (b) The IOB shall consist of not more than five
            members of the PIAB who are designated by the President
            from among members of the PIAB to serve on the IOB. The
            IOB shall utilize such full-time professional and
            administrative staff as authorized by the Chair and
            approved by the President or the President's designee.
            Such staff shall be supervised by an Executive Director
            of the IOB, appointed by the President, whom the
            President may designate to serve also as the Executive
            Director of the PIAB.
                (c) The President shall designate a Chair from
            among the members of the IOB, who shall convene and
            preside at meetings of the IOB, determine its agenda,
            and direct its work.

    Sec. 6. Functions of the IOB. Consistent with the policy set
    forth in section 1 of this order, the IOB shall:
                (a) issue criteria on the thresholds for reporting
            matters to the IOB, to the extent consistent with
            section section 1.7(d) of Executive Order 12333 or the
            corresponding provision of any successor order;
                (b) inform the President of intelligence activities
            that the IOB believes:
                        (i)(A) may be unlawful or contrary to
                    Executive Order or presidential directive; and
                                (B) are not being adequately
                            addressed by the Attorney General, the
                            DNI, or the head of the department
                            concerned; or
                        (ii) should be immediately reported to the
                    President.
                (c) forward to the Attorney General information
            concerning intelligence activities that involve
            possible violations of Federal criminal laws or
            otherwise implicate the authority of the Attorney
            General;
                (d) review and assess the effectiveness,
            efficiency, and sufficiency of the processes by which
            the DNI and the heads of departments concerned perform
            their respective functions under this order and report
            thereon as necessary, together with any
            recommendations, to the President and, as appropriate,
            the DNI and the head of the department concerned;
                (e) receive and review information submitted by the
            DNI under subsection 7(c) of this order and make
            recommendations thereon, including for any needed
            corrective action, with respect to such information,
            and the intelligence activities to which the
            information relates, as necessary, but not less than
            twice each year, to the President, the DNI, and the
            head of the department concerned; and
                (f) conduct, or request that the DNI or the head of
            the department concerned, as appropriate, carry out and
            report to the IOB the results of, investigations of
            intelligence activities that the IOB determines are
            necessary to enable the IOB to carry out its functions
            under this order.

    Sec. 7. Functions of the Director of National Intelligence.
    Consistent with the policy set forth in section 1 of this
    order, the DNI shall:
                (a) with respect to guidelines applicable to
            organizations within the intelligence community that
            concern reporting of intelligence activities described
            in subsection 6(b)(i)(A) of this order:
                        (i) review and ensure that such guidelines
                    are consistent with section 1.7(d) of Executive
                    Order 12333, or a corresponding provision of
                    any successor order, and this order; and
                        (ii) issue for incorporation in such
                    guidelines instructions relating to the format
                    and schedule of such reporting as necessary to
                    implement this order;
                (b) with respect to intelligence activities
            described in subsection 6(b)(i)(A) of this order:
                        (i) receive reports submitted to the IOB
                    pursuant to section 1.7(d) of Executive Order
                    12333, or a corresponding provision of any
                    successor order;
                        (ii) forward to the Attorney General
                    information in such reports relating to such
                    intelligence activities to the extent that such
                    activities involve possible violations of
                    Federal criminal laws or implicate the
                    authority of the Attorney General unless the
                    DNI or the head of the department concerned has
                    previously provided such information to the
                    Attorney General; and
                        (iii) monitor the intelligence community to
                    ensure that the head of the department
                    concerned has directed needed corrective
                    actions and that such actions have been taken
                    and report to the IOB and the head of the
                    department concerned, and as appropriate the
                    President, when such actions have not been
                    timely taken; and
                (c) submit to the IOB as necessary and no less than
            twice each year:
                        (i) an analysis of the reports received
                    under subsection (b)(i) of this section,
                    including an assessment of the gravity,
                    frequency, trends, and patterns of occurrences
                    of intelligence activities described in
                    subsection 6(b)(i)(A) of this order;
                        (ii) a summary of direction under
                    subsection (b)(iii) of this section and any
                    related recommendations; and
                        (iii) an assessment of the effectiveness of
                    corrective action taken by the DNI or the head
                    of the department concerned with respect to
                    intelligence activities described in subsection
                    6(b)(i)(A) of this order.

    Sec. 8. Functions of Heads of Departments Concerned and
    Additional Functions of the Director of National Intelligence.
                (a) To the extent permitted by law, the DNI and the
            heads of departments concerned shall provide such
            information and assistance as the PIAB and the IOB
            determine is needed to perform their functions under
            this order
                (b) The heads of departments concerned shall:
                        (i) ensure that the DNI receives:
                                (A) copies of reports submitted to
                            the IOB pursuant to section 1.7(d) of
                            Executive Order 12333, or a
                            corresponding provision of any
                            successor order; and
                                (B) such information and assistance
                            as the DNI may need to perform
                            functions under this order; and
                        (ii) designate the offices within their
                    respective organizations that shall submit
                    reports to the IOB required by Executive Order
                    and inform the DNI and the IOB of such
                    designations; and
                        (iii) ensure that departments concerned
                    comply with instructions issued by the DNI
                    under subsection 7(a)(ii) of this order.
                (c) The head of a department concerned who does not
            implement a recommendation to that head of department
            from the PIAB under subsection 4(b) of this order or
            from the IOB under subsections 6(c) or 6(d) of this
            order shall promptly report through the DNI to the
            Board that made the recommendation, or to the
            President, the reasons for not implementing the
            recommendation.
                (d) The DNI shall ensure that the Director of the
            Central Intelligence Agency performs the functions with
            respect to the Central Intelligence Agency under this
            order that a head of a department concerned performs
            with respect to organizations within the intelligence
            community that are part of that department.

    Sec. 9. References and Transition.
                (a) References in Executive Orders other than this
            order, or in any other presidential guidance, to the
            ``President's Foreign Intelligence Advisory Board''
            shall be deemed to be references to the President's
            Intelligence Advisory Board established by this order.
                (b) Individuals who are members of the President's
            Foreign Intelligence Advisory Board under Executive
            Order 12863 of September 13, 1993, as amended,
            immediately prior to the signing of this order shall be
            members of the President's Intelligence Advisory Board
            immediately upon the signing of this order, to serve as
            such consistent with this order until the date that is
            15 months following the date of this order.
                (c) Individuals who are members of the Intelligence
            Oversight Board under Executive Order 12863 immediately
            prior to the signing of this order shall be members of
            the Intelligence Oversight Board under this order, to
            serve as such consistent with this order until the date
            that is 15 months following the date of this order.
                (d) The individual serving as Executive Director of
            the President's Foreign Intelligence Advisory Board
            immediately prior to the signing of this order shall
            serve as the Executive Director of the PIAB until such
            person resigns, dies, or is removed, or upon
            appointment of a successor under this order and shall
            serve as the Executive Director of the IOB until an
            Executive Director of the IOB is appointed or
            designated under this order.

    Sec. 10. Revocation. Executive Order 12863 is revoked.

    Sec. 11. General Provisions.
                (a) Nothing in this order shall be construed to
            impair or otherwise affect:
                        (i) authority granted by law to a
                    department or agency, or the head thereof; or
                        (ii) functions of the Director of the
                    Office of Management and Budget relating to
                    budget, administrative, or legislative
                    proposals.
                (b) Any person who is a member of the PIAB or the
            IOB, or who is granted access to classified national
            security information in relation to the activities of
            the PIAB or the IOB, as a condition of access to such
            information, shall sign and comply with appropriate
            agreements to protect such information from
            unauthorized disclosure. This order shall be
            implemented in a manner consistent with Executive Order
            12958 of April 17, 1995, as amended, and Executive
            Order 12968 of August 2, 1995, as amended.
                (c) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations.
                (d) This order is intended only to improve the
            internal management of the executive branch and is not
            intended to, and does not, create any right or benefit,
            substantive or procedural, enforceable at law or in
            equity, by any party against the United States, its
            departments, agencies or entities, its officers,
            employees, or agents, or any other person.

                             Executive Order 13475

        Further Amendments To Executive Orders 12139 And 12949 In Light
        of the Foreign Intelligence Surveillance Act of 1978 Amendments
                                  Act of 2008

    =======================================================================

    Signed:                              October 7, 2008
    Federal Register page and date:      73 FR 60095, October 10, 2008

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 104 and 303 of the Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended
    by the Foreign Intelligence Surveillance Act of 1978 Amendments
    Act of 2008 (Public Law 110-261), it is hereby ordered as
    follows:

    Section 1. Section 1-103 of Executive Order 12139 of May 23,
    1979, as amended, is further amended by:
                (a) striking ``(7)'' each place it appears and
            inserting in lieu thereof ``(6)'';
                (b) adding after subsection (h) ``(i) Deputy
            Director of the Federal Bureau of Investigation.''; and
                (c) by adding after the sentence that begins ``None
            of the above officials . . .'', a new sentence to read
            ``The requirement of the preceding sentence that the
            named official must be appointed by the President with
            the advice and consent of the Senate does not apply to
            the Deputy Director of the Federal Bureau of
            Investigation.''

    Sec. 2. Section 3 of Executive Order 12949 of February 9, 1995,
    as amended, is further amended by:
                (a) striking ``(7)'' each place it appears and
            inserting in lieu thereof ``(6)'';
                (b) striking ``and'' at the end of subsection (g);
                (c) striking the period at the end of subsection
            (h) and inserting in lieu thereof ``; and'';
                (d) adding after subsection (h) ``(i) Deputy
            Director of the Federal Bureau of Investigation.''; and
                (e) by adding after the sentence that begins ``None
            of the above officials . . .'', a new sentence to read
            ``The requirement of the preceding sentence that the
            named official must be appointed by the President with
            the advice and consent of the Senate does not apply to
            the Deputy Director of the Federal Bureau of
            Investigation.''

    Sec. 3. This order is not intended to, and does not, create any
    right or benefit, substantive or procedural, enforceable at law
    or in equity, by any party against the United States, its
    agencies, instrumentalities, or entities, its officers,
    employees, or agents, or any other person.

                             Executive Order 13486

           Strengthening Laboratory Biosecurity in the United States

    =======================================================================

    Signed:                              January 9, 2009
    Federal Register page and date:      74 FR 2289, January 14, 2009

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, it
    is hereby ordered as follows:

    Section 1. Policy.
        It is the policy of the United States that facilities that
    possess biological select agents and toxins have appropriate
    security and personnel assurance practices to protect against
    theft, misuse, or diversion to unlawful activity of such agents
    and toxins.

    Sec. 2. Establishment and Operation of the Working Group.
                (a) There is hereby established, within the
            Department of Defense for administrative purposes only,
            the Working Group on Strengthening the Biosecurity of
            the United States (Working Group).
                (b) The Working Group shall consist exclusively of
            the following members:
                        (i) the Secretary of State;
                        (ii) the Secretary of Defense, who shall be
                    a Co-Chair of the Working Group;
                        (iii) the Attorney General;
                        (iv) the Secretary of Agriculture;
                        (v) the Secretary of Commerce;
                        (vi) the Secretary of Health and Human
                    Services, who shall be a Co-Chair of the
                    Working Group;
                        (vii) the Secretary of Transportation;
                        (viii) the Secretary of Energy;
                        (ix) the Secretary of Homeland Security;
                        (x) the Administrator of the Environmental
                    Protection Agency;
                        (xi) the Director of National Intelligence;
                        (xii) the Director of the National Science
                    Foundation; and
                        (xiii) the head of any other department or
                    agency when designated:
                                (A) by the Co-Chairs of the Working
                            Group with the concurrence of such
                            head; or
                                (B) by the President.
                (c) The Co-Chairs shall convene and preside at
            meetings of the Working Group, determine its agenda,
            and direct its work. The Co-Chairs may establish and
            direct subgroups of the Working Group, as appropriate
            to deal with particular subject matters, that shall
            consist exclusively of members of the Working Group.
                (d) A member of the Working Group may designate, to
            perform the Working Group or Working Group subgroup
            functions of the member, any person who is a part of
            the member's agency and who is an officer of the United
            States appointed by the President, a member of the
            Senior Executive Service (SES), or the equivalent of a
            member of the SES.

    Sec. 3. Functions of the Working Group. Consistent with this
    order, and to assist in implementing the policy set forth in
    section 1 of this order, the Working Group shall:
                (a) review and evaluate the efficiency and
            effectiveness, with respect to Federal and nonfederal
            facilities that conduct research on, manage clinical or
            environmental laboratory operations involving, or
            handle, store, or transport biological select agents
            and toxins, of the following:
                        (i) existing laws, regulations, and
                    guidance with respect to physical, facility,
                    and personnel security and assurance; and
                        (ii) practices with respect to physical,
                    facility, and personnel security and assurance;
                (b) obtain information or advice, as appropriate
            for the conduct of the review and evaluation, from the
            following:
                        (i) heads of executive departments and
                    agencies;
                        (ii) elements of foreign governments and
                    international organizations with responsibility
                    for biological matters, consistent with
                    functions assigned by law or by the President
                    to the Secretary of State; and
                        (iii) representatives of State, local,
                    territorial, and tribal governments, and other
                    entities or other individuals in a manner that
                    seeks their individual advice and does not
                    involve collective judgment or consensus advice
                    or deliberation; and
                (c) submit a report to the President, through the
            Co-Chairs, not later than 180 days after the date of
            this order that is unclassified, with a classified
            annex as required, and sets forth the following:
                        (i) a summary of existing laws,
                    regulations, guidance, and practices with
                    respect to security and personnel assurance
                    reviewed under subsection (a) of this section
                    and their efficiency and effectiveness;
                        (ii) recommendations for any new
                    legislation, regulations, guidance, or
                    practices for security and personnel assurance
                    for all Federal and nonfederal facilities
                    described in subsection (a);
                        (iii) options for establishing oversight
                    mechanisms to ensure a baseline standard is
                    consistently applied for all physical,
                    facility, and personnel security and assurance
                    laws, regulations, and guidance at all Federal
                    and nonfederal facilities described in
                    subsection (a); and
                        (iv) a comparison of the range of existing
                    personnel security and assurance programs for
                    access to biological select agents and toxins
                    to personnel security and assurance programs in
                    other fields and industries.

    Sec. 4. Duties of Heads of Departments and Agencies.
                (a) The heads of departments and agencies shall
            provide for the labor and travel costs of their
            representatives and, to the extent permitted by law,
            provide the Working Group such information and
            assistance as it needs to implement this order.
                (b) To the extent permitted by law and subject to
            the availability of appropriations, the Secretary of
            Defense shall provide the Working Group with such
            administrative and support services as may be necessary
            for the performance of its functions.

    Sec. 5. Termination of the Working Group. The Working Group
    shall terminate 60 days after the date of the report submitted
    under subsection 3(c) of this order.

    Sec. 6. General Provisions.
                (a) Nothing in this order shall be construed to
            impair or otherwise affect:
                        (i) authority granted by law to a
                    department or agency, or the head thereof; or
                        (ii) functions of the Director of the
                    Office of Management and Budget relating to
                    budget, administrative, or legislative
                    proposals.
                (b) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations.
                (c) This order is intended only to improve the
            internal management of the executive branch and is not
            intended to, and does not, create any right or benefit,
            substantive or procedural, enforceable at law or in
            equity by any party against the United States, its
            agencies, instrumentalities, or entities, its officers,
            employees, or agents, or any other person.

    =======================================================================

                           Executive Orders Issued by

                             President Barack Obama

                                    (2009- )

                            Executive Orders 13519-

    =======================================================================

                             Executive Order 13519

          Establishment of the Financial Fraud Enforcement Task Force

    =======================================================================

    Signed:                              November 17, 2009
    Federal Register page and date:      74 FR 60123, November 19, 2009
    Terminates:                          EO 13271, July 9, 2002

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to strengthen the efforts of the Department of
    Justice, in conjunction with Federal, State, tribal,
    territorial, and local agencies, to investigate and prosecute
    significant financial crimes and other violations relating to
    the current financial crisis and economic recovery efforts,
    recover the proceeds of such crimes and violations, and ensure
    just and effective punishment of those who perpetrate financial
    crimes and violations, it is hereby ordered as follows:

    Section 1. Establishment. There is hereby established an
    interagency Financial Fraud Enforcement Task Force (Task Force)
    led by the Department of Justice.

    Sec. 2. Membership and Operation. The Task Force shall be
    chaired by the Attorney General and consist of senior-level
    officials from the following departments, agencies, and
    offices, selected by the heads of the respective departments,
    agencies, and offices in consultation with the Attorney
    General:
                (a) the Department of Justice;
                (b) the Department of the Treasury;
                (c) the Department of Commerce;
                (d) the Department of Labor;
                (e) the Department of Housing and Urban
            Development;
                (f) the Department of Education;
                (g) the Department of Homeland Security;
                (h) the Securities and Exchange Commission;
                (i) the Commodity Futures Trading Commission;
                (j) the Federal Trade Commission;
                (k) the Federal Deposit Insurance Corporation;
                (l) the Board of Governors of the Federal Reserve
            System;
                (m) the Federal Housing Finance Agency;
                (n) the Office of Thrift Supervision;
                (o) the Office of the Comptroller of the Currency;
                (p) the Small Business Administration;
                (q) the Federal Bureau of Investigation;
                (r) the Social Security Administration;
                (s) the Internal Revenue Service, Criminal
            Investigations;
                (t) the Financial Crimes Enforcement Network;
                (u) the United States Postal Inspection Service;
                (v) the United States Secret Service;
                (w) the United States Immigration and Customs
            Enforcement;
                (x) relevant Offices of Inspectors General and
            related Federal entities, including without limitation
            the Office of the Inspector General for the Department
            of Housing and Urban Development, the Recovery
            Accountability and Transparency Board, and the Office
            of the Special Inspector General for the Troubled Asset
            Relief Program; and
                (y) such other executive branch departments,
            agencies, or offices as the President may, from time to
            time, designate or that the Attorney General may
            invite. The Attorney General shall convene and, through
            the Deputy Attorney General, direct the work of the
            Task Force in fulfilling all its functions under this
            order. The Attorney General shall convene the first
            meeting of the Task Force within 30 days of the date of
            this order and shall thereafter convene the Task Force
            at such times as he deems appropriate. At the direction
            of the Attorney General, the Task Force may establish
            subgroups consisting exclusively of Task Force members
            or their designees under this section, including but
            not limited to a Steering Committee chaired by the
            Deputy Attorney General, and subcommittees addressing
            enforcement efforts, training and information sharing,
            and victims' rights, as the Attorney General deems
            appropriate.

    Sec. 3. Mission and Functions. Consistent with the authorities
    assigned to the Attorney General by law, and other applicable
    law, the Task Force shall:
                (a) provide advice to the Attorney General for the
            investigation and prosecution of cases of bank,
            mortgage, loan, and lending fraud; securities and
            commodities fraud; retirement plan fraud; mail and wire
            fraud; tax crimes; money laundering; False Claims Act
            violations; unfair competition; discrimination; and
            other financial crimes and violations (hereinafter
            financial crimes and violations), when such cases are
            determined by the Attorney General, for purposes of
            this order, to be significant;
                (b) make recommendations to the Attorney General,
            from time to time, for action to enhance cooperation
            among Federal, State, local, tribal, and territorial
            authorities responsible for the investigation and
            prosecution of significant financial crimes and
            violations; and
                (c) coordinate law enforcement operations with
            representatives of State, local, tribal, and
            territorial law enforcement.

    Sec. 4. Coordination with State, Local, Tribal, and Territorial
    Law Enforcement. Consistent with the objectives set out in this
    order, and to the extent permitted by law, the Attorney General
    is encouraged to invite the following representatives of State,
    local, tribal, and territorial law enforcement to participate
    in the Task Force's subcommittee addressing enforcement efforts
    in the subcommittee's performance of the functions set forth in
    section 3(c) of this order relating to the coordination of
    Federal, State, local, tribal, and territorial law enforcement
    operations involving financial crimes and violations:
                (a) the National Association of Attorneys General;
                (b) the National District Attorneys Association;
            and
                (c) such other representatives of State, local,
            tribal, and territorial law enforcement as the Attorney
            General deems appropriate.

    Sec. 5. Outreach. Consistent with the law enforcement
    objectives set out in this order, the Task Force, in accordance
    with applicable law, in addition to regular meetings, shall
    conduct outreach with representatives of financial
    institutions, corporate entities, nonprofit organizations,
    State, local, tribal, and territorial governments and agencies,
    and other interested persons to foster greater coordination and
    participation in the detection and prosecution of financial
    fraud and financial crimes, and in the enforcement of antitrust
    and antidiscrimination laws.

    Sec. 6. Administration. The Department of Justice, to the
    extent permitted by law and subject to the availability of
    appropriations, shall provide administrative support and
    funding for the Task Force.

    Sec. 7. General Provisions.
                (a) Nothing in this order shall be construed to
            impair or otherwise affect:
                        (i) authority granted by law to an
                    executive department, agency, or the head
                    thereof, or the status of that department or
                    agency within the Federal Government; or
                        (ii) functions of the Director of the
                    Office of Management and Budget relating to
                    budgetary, administrative, or legislative
                    proposals.
                (b) This Task Force shall replace, and continue the
            work of, the Corporate Fraud Task Force created by
            Executive Order 13271 of July 9, 2002. Executive Order
            13271 is hereby terminated pursuant to section 6 of
            that order.
                (c) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations.
                (d) This order is not intended to, and does not,
            create any right or benefit, substantive or procedural,
            enforceable at law or in equity by any party against
            the United States, its departments, agencies, or
            entities, its officers, employees, or agents, or any
            other person.

    Sec. 8. Termination. The Task Force shall terminate when
    directed by the President or, with the approval of the
    President, by the Attorney General.

                             Executive Order 13526

                    Classified National Security Information

    =======================================================================

    Signed:                              December 29, 2009
    Federal Register page and date:      75 FR 707, January 5, 2010
    Revokes:                             EO 12958, April 17, 1995
                                         EO 13292, March 25, 2003

    =======================================================================

        This order prescribes a uniform system for classifying,
    safeguarding, and declassifying national security information,
    including information relating to defense against transnational
    terrorism. Our democratic principles require that the American
    people be informed of the activities of their Government. Also,
    our Nation's progress depends on the free flow of information
    both within the Government and to the American people.
    Nevertheless, throughout our history, the national defense has
    required that certain information be maintained in confidence
    in order to protect our citizens, our democratic institutions,
    our homeland security, and our interactions with foreign
    nations. Protecting information critical to our Nation's
    security and demonstrating our commitment to open Government
    through accurate and accountable application of classification
    standards and routine, secure, and effective declassification
    are equally important priorities.
        Now, Therefore, I, Barack Obama, by the authority vested in
    me as President by the Constitution and the laws of the United
    States of America, it is hereby ordered as follows:

                        PART 1--ORIGINAL CLASSIFICATION

    Section 1.1. Classification Standards.
                (a) Information may be originally classified under
            the terms of this order only if all of the following
            conditions are met:
                        (1) an original classification authority is
                    classifying the information;
                        (2) the information is owned by, produced
                    by or for, or is under the control of the
                    United States Government;
                        (3) the information falls within one or
                    more of the categories of information listed in
                    section 1.4 of this order; and
                        (4) the original classification authority
                    determines that the unauthorized disclosure of
                    the information reasonably could be expected to
                    result in damage to the national security,
                    which includes defense against transnational
                    terrorism, and the original classification
                    authority is able to identify or describe the
                    damage.
                (b) If there is significant doubt about the need to
            classify information, it shall not be classified. This
            provision does not:
                        (1) amplify or modify the substantive
                    criteria or procedures for classification; or
                        (2) create any substantive or procedural
                    rights subject to judicial review.
                (c) Classified information shall not be
            declassified automatically as a result of any
            unauthorized disclosure of identical or similar
            information.
                (d) The unauthorized disclosure of foreign
            government information is presumed to cause damage to
            the national security.

    Sec. 1.2. Classification Levels.
                (a) Information may be classified at one of the
            following three levels:
                        (1) ``Top Secret'' shall be applied to
                    information, the unauthorized disclosure of
                    which reasonably could be expected to cause
                    exceptionally grave damage to the national
                    security that the original classification
                    authority is able to identify or describe.
                        (2) ``Secret'' shall be applied to
                    information, the unauthorized disclosure of
                    which reasonably could be expected to cause
                    serious damage to the national security that
                    the original classification authority is able
                    to identify or describe.
                        (3) ``Confidential'' shall be applied to
                    information, the unauthorized disclosure of
                    which reasonably could be expected to cause
                    damage to the national security that the
                    original classification authority is able to
                    identify or describe.
                (b) Except as otherwise provided by statute, no
            other terms shall be used to identify United States
            classified information.
                (c) If there is significant doubt about the
            appropriate level of classification, it shall be
            classified at the lower level.

    Sec. 1.3. Classification Authority.
                (a) The authority to classify information
            originally may be exercised only by:
                        (1) the President and the Vice President;
                        (2) agency heads and officials designated
                    by the President; and
                        (3) United States Government officials
                    delegated this authority pursuant to paragraph
                    (c) of this section.
                (b) Officials authorized to classify information at
            a specified level are also authorized to classify
            information at a lower level.
                (c) Delegation of original classification
            authority.
                        (1) Delegations of original classification
                    authority shall be limited to the minimum
                    required to administer this order. Agency heads
                    are responsible for ensuring that designated
                    subordinate officials have a demonstrable and
                    continuing need to exercise this authority.
                        (2) ``Top Secret'' original classification
                    authority may be delegated only by the
                    President, the Vice President, or an agency
                    head or official designated pursuant to
                    paragraph (a)(2) of this section.
                        (3) ``Secret'' or ``Confidential'' original
                    classification authority may be delegated only
                    by the President, the Vice President, an agency
                    head or official designated pursuant to
                    paragraph (a)(2) of this section, or the senior
                    agency official designated under section 5.4(d)
                    of this order, provided that official has been
                    delegated ``Top Secret'' original
                    classification authority by the agency head.
                        (4) Each delegation of original
                    classification authority shall be in writing
                    and the authority shall not be redelegated
                    except as provided in this order. Each
                    delegation shall identify the official by name
                    or position.
                        (5) Delegations of original classification
                    authority shall be reported or made available
                    by name or position to the Director of the
                    Information Security Oversight Office.
                (d) All original classification authorities must
            receive training in proper classification (including
            the avoidance of over-classification) and
            declassification as provided in this order and its
            implementing directives at least once a calendar year.
            Such training must include instruction on the proper
            safeguarding of classified information and on the
            sanctions in section 5.5 of this order that may be
            brought against an individual who fails to classify
            information properly or protect classified information
            from unauthorized disclosure. Original classification
            authorities who do not receive such mandatory training
            at least once within a calendar year shall have their
            classification authority suspended by the agency head
            or the senior agency official designated under section
            5.4(d) of this order until such training has taken
            place. A waiver may be granted by the agency head, the
            deputy agency head, or the senior agency official if an
            individual is unable to receive such training due to
            unavoidable circumstances. Whenever a waiver is
            granted, the individual shall receive such training as
            soon as practicable.
                (e) Exceptional cases. When an employee, government
            contractor, licensee, certificate holder, or grantee of
            an agency who does not have original classification
            authority originates information believed by that
            person to require classification, the information shall
            be protected in a manner consistent with this order and
            its implementing directives. The information shall be
            transmitted promptly as provided under this order or
            its implementing directives to the agency that has
            appropriate subject matter interest and classification
            authority with respect to this information. That agency
            shall decide within 30 days whether to classify this
            information.

    Sec. 1.4. Classification Categories. Information shall not be
    considered for classification unless its unauthorized
    disclosure could reasonably be expected to cause identifiable
    or describable damage to the national security in accordance
    with section 1.2 of this order, and it pertains to one or more
    of the following:
                (a) military plans, weapons systems, or operations;
                (b) foreign government information;
                (c) intelligence activities (including covert
            action), intelligence sources or methods, or
            cryptology;
                (d) foreign relations or foreign activities of the
            United States, including confidential sources;
                (e) scientific, technological, or economic matters
            relating to the national security;
                (f) United States Government programs for
            safeguarding nuclear materials or facilities;
                (g) vulnerabilities or capabilities of systems,
            installations, infrastructures, projects, plans, or
            protection services relating to the national security;
            or
                (h) the development, production, or use of weapons
            of mass destruction.

    Sec. 1.5. Duration of Classification.
                (a) At the time of original classification, the
            original classification authority shall establish a
            specific date or event for declassification based on
            the duration of the national security sensitivity of
            the information. Upon reaching the date or event, the
            information shall be automatically declassified. Except
            for information that should clearly and demonstrably be
            expected to reveal the identity of a confidential human
            source or a human intelligence source or key design
            concepts of weapons of mass destruction, the date or
            event shall not exceed the time frame established in
            paragraph (b) of this section.
                (b) If the original classification authority cannot
            determine an earlier specific date or event for
            declassification, information shall be marked for
            declassification 10 years from the date of the original
            decision, unless the original classification authority
            otherwise determines that the sensitivity of the
            information requires that it be marked for
            declassification for up to 25 years from the date of
            the original decision.
                (c) An original classification authority may extend
            the duration of classification up to 25 years from the
            date of origin of the document, change the level of
            classification, or reclassify specific information only
            when the standards and procedures for classifying
            information under this order are followed.
                (d) No information may remain classified
            indefinitely. Information marked for an indefinite
            duration of classification under predecessor orders,
            for example, marked as ``Originating Agency's
            Determination Required,'' or classified information
            that contains incomplete declassification instructions
            or lacks declassification instructions shall be
            declassified in accordance with part 3 of this order.

    Sec. 1.6. Identification and Markings.
                (a) At the time of original classification, the
            following shall be indicated in a manner that is
            immediately apparent:
                        (1) one of the three classification levels
                    defined in section 1.2 of this order;
                        (2) the identity, by name and position, or
                    by personal identifier, of the original
                    classification authority;
                        (3) the agency and office of origin, if not
                    otherwise evident;
                        (4) declassification instructions, which
                    shall indicate one of the following:
                                (A) the date or event for
                            declassification, as prescribed in
                            section 1.5(a);
                                (B) the date that is 10 years from
                            the date of original classification, as
                            prescribed in section 1.5(b);
                                (C) the date that is up to 25 years
                            from the date of original
                            classification, as prescribed in
                            section 1.5(b); or
                                (D) in the case of information that
                            should clearly and demonstrably be
                            expected to reveal the identity of a
                            confidential human source or a human
                            intelligence source or key design
                            concepts of weapons of mass
                            destruction, the marking prescribed in
                            implementing directives issued pursuant
                            to this order; and
                        (5) a concise reason for classification
                    that, at a minimum, cites the applicable
                    classification categories in section 1.4 of
                    this order.
                (b) Specific information required in paragraph (a)
            of this section may be excluded if it would reveal
            additional classified information.
                (c) With respect to each classified document, the
            agency originating the document shall, by marking or
            other means, indicate which portions are classified,
            with the applicable classification level, and which
            portions are unclassified. In accordance with standards
            prescribed in directives issued under this order, the
            Director of the Information Security Oversight Office
            may grant and revoke temporary waivers of this
            requirement. The Director shall revoke any waiver upon
            a finding of abuse.
                (d) Markings or other indicia implementing the
            provisions of this order, including abbreviations and
            requirements to safeguard classified working papers,
            shall conform to the standards prescribed in
            implementing directives issued pursuant to this order.
                (e) Foreign government information shall retain its
            original classification markings or shall be assigned a
            U.S. classification that provides a degree of
            protection at least equivalent to that required by the
            entity that furnished the information. Foreign
            government information retaining its original
            classification markings need not be assigned a U.S.
            classification marking provided that the responsible
            agency determines that the foreign government markings
            are adequate to meet the purposes served by U.S.
            classification markings.
                (f) Information assigned a level of classification
            under this or predecessor orders shall be considered as
            classified at that level of classification despite the
            omission of other required markings. Whenever such
            information is used in the derivative classification
            process or is reviewed for possible declassification,
            holders of such information shall coordinate with an
            appropriate classification authority for the
            application of omitted markings.
                (g) The classification authority shall, whenever
            practicable, use a classified addendum whenever
            classified information constitutes a small portion of
            an otherwise unclassified document or prepare a product
            to allow for dissemination at the lowest level of
            classification possible or in unclassified form.
                (h) Prior to public release, all declassified
            records shall be appropriately marked to reflect their
            declassification.

    Sec. 1.7. Classification Prohibitions and Limitations.
                (a) In no case shall information be classified,
            continue to be maintained as classified, or fail to be
            declassified in order to:
                        (1) conceal violations of law,
                    inefficiency, or administrative error;
                        (2) prevent embarrassment to a person,
                    organization, or agency;
                        (3) restrain competition; or
                        (4) prevent or delay the release of
                    information that does not require protection in
                    the interest of the national security.
                (b) Basic scientific research information not
            clearly related to the national security shall not be
            classified.
                (c) Information may not be reclassified after
            declassification and release to the public under proper
            authority unless:
                        (1) the reclassification is personally
                    approved in writing by the agency head based on
                    a document-by-document determination by the
                    agency that reclassification is required to
                    prevent significant and demonstrable damage to
                    the national security;
                        (2) the information may be reasonably
                    recovered without bringing undue attention to
                    the information;
                        (3) the reclassification action is reported
                    promptly to the Assistant to the President for
                    National Security Affairs (National Security
                    Advisor) and the Director of the Information
                    Security Oversight Office; and
                        (4) for documents in the physical and legal
                    custody of the National Archives and Records
                    Administration (National Archives) that have
                    been available for public use, the agency head
                    has, after making the determinations required
                    by this paragraph, notified the Archivist of
                    the United States (Archivist), who shall
                    suspend public access pending approval of the
                    reclassification action by the Director of the
                    Information Security Oversight Office. Any such
                    decision by the Director may be appealed by the
                    agency head to the President through the
                    National Security Advisor. Public access shall
                    remain suspended pending a prompt decision on
                    the appeal.
                (d) Information that has not previously been
            disclosed to the public under proper authority may be
            classified or reclassified after an agency has received
            a request for it under the Freedom of Information Act
            (5 U.S.C. 552), the Presidential Records Act, 44 U.S.C.
            2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or
            the mandatory review provisions of section 3.5 of this
            order only if such classification meets the
            requirements of this order and is accomplished on a
            document-by-document basis with the personal
            participation or under the direction of the agency
            head, the deputy agency head, or the senior agency
            official designated under section 5.4 of this order.
            The requirements in this paragraph also apply to those
            situations in which information has been declassified
            in accordance with a specific date or event determined
            by an original classification authority in accordance
            with section 1.5 of this order.
                (e) Compilations of items of information that are
            individually unclassified may be classified if the
            compiled information reveals an additional association
            or relationship that:
                        (1) meets the standards for classification
                    under this order; and
                        (2) is not otherwise revealed in the
                    individual items of information.

    Sec. 1.8. Classification Challenges.
                (a) Authorized holders of information who, in good
            faith, believe that its classification status is
            improper are encouraged and expected to challenge the
            classification status of the information in accordance
            with agency procedures established under paragraph (b)
            of this section.
                (b) In accordance with implementing directives
            issued pursuant to this order, an agency head or senior
            agency official shall establish procedures under which
            authorized holders of information, including authorized
            holders outside the classifying agency, are encouraged
            and expected to challenge the classification of
            information that they believe is improperly classified
            or unclassified. These procedures shall ensure that:
                        (1) individuals are not subject to
                    retribution for bringing such actions;
                        (2) an opportunity is provided for review
                    by an impartial official or panel; and
                        (3) individuals are advised of their right
                    to appeal agency decisions to the Interagency
                    Security Classification Appeals Panel (Panel)
                    established by section 5.3 of this order.
                (c) Documents required to be submitted for
            prepublication review or other administrative process
            pursuant to an approved nondisclosure agreement are not
            covered by this section.

    Sec. 1.9. Fundamental Classification Guidance Review.
                (a) Agency heads shall complete on a periodic basis
            a comprehensive review of the agency's classification
            guidance, particularly classification guides, to ensure
            the guidance reflects current circumstances and to
            identify classified information that no longer requires
            protection and can be declassified. The initial
            fundamental classification guidance review shall be
            completed within 2 years of the effective date of this
            order.
                (b) The classification guidance review shall
            include an evaluation of classified information to
            determine if it meets the standards for classification
            under section 1.4 of this order, taking into account an
            up-to-date assessment of likely damage as described
            under section 1.2 of this order.
                (c) The classification guidance review shall
            include original classification authorities and agency
            subject matter experts to ensure a broad range of
            perspectives.
                (d) Agency heads shall provide a report summarizing
            the results of the classification guidance review to
            the Director of the Information Security Oversight
            Office and shall release an unclassified version of
            this report to the public.

                       PART 2--DERIVATIVE CLASSIFICATION

    Sec. 2.1. Use of Derivative Classification.
                (a) Persons who reproduce, extract, or summarize
            classified information, or who apply classification
            markings derived from source material or as directed by
            a classification guide, need not possess original
            classification authority.
                (b) Persons who apply derivative classification
            markings shall:
                        (1) be identified by name and position, or
                    by personal identifier, in a manner that is
                    immediately apparent for each derivative
                    classification action;
                        (2) observe and respect original
                    classification decisions; and
                        (3) carry forward to any newly created
                    documents the pertinent classification
                    markings. For information derivatively
                    classified based on multiple sources, the
                    derivative classifier shall carry forward:
                                (A) the date or event for
                            declassification that corresponds to
                            the longest period of classification
                            among the sources, or the marking
                            established pursuant to section
                            1.6(a)(4)(D) of this order; and
                                (B) a listing of the source
                            materials.
                (c) Derivative classifiers shall, whenever
            practicable, use a classified addendum whenever
            classified information constitutes a small portion of
            an otherwise unclassified document or prepare a product
            to allow for dissemination at the lowest level of
            classification possible or in unclassified form.
                (d) Persons who apply derivative classification
            markings shall receive training in the proper
            application of the derivative classification principles
            of the order, with an emphasis on avoiding over-
            classification, at least once every 2 years. Derivative
            classifiers who do not receive such training at least
            once every 2 years shall have their authority to apply
            derivative classification markings suspended until they
            have received such training. A waiver may be granted by
            the agency head, the deputy agency head, or the senior
            agency official if an individual is unable to receive
            such training due to unavoidable circumstances.
            Whenever a waiver is granted, the individual shall
            receive such training as soon as practicable.

    Sec. 2.2. Classification Guides.
                (a) Agencies with original classification authority
            shall prepare classification guides to facilitate the
            proper and uniform derivative classification of
            information. These guides shall conform to standards
            contained in directives issued under this order.
                (b) Each guide shall be approved personally and in
            writing by an official who:
                        (1) has program or supervisory
                    responsibility over the information or is the
                    senior agency official; and
                        (2) is authorized to classify information
                    originally at the highest level of
                    classification prescribed in the guide.
                (c) Agencies shall establish procedures to ensure
            that classification guides are reviewed and updated as
            provided in directives issued under this order.
                (d) Agencies shall incorporate original
            classification decisions into classification guides on
            a timely basis and in accordance with directives issued
            under this order.
                (e) Agencies may incorporate exemptions from
            automatic declassification approved pursuant to section
            3.3(j) of this order into classification guides,
            provided that the Panel is notified of the intent to
            take such action for specific information in advance of
            approval and the information remains in active use.
                (f) The duration of classification of a document
            classified by a derivative classifier using a
            classification guide shall not exceed 25 years from the
            date of the origin of the document, except for:
                        (1) information that should clearly and
                    demonstrably be expected to reveal the identity
                    of a confidential human source or a human
                    intelligence source or key design concepts of
                    weapons of mass destruction; and
                        (2) specific information incorporated into
                    classification guides in accordance with
                    section 2.2(e) of this order.

                    PART 3--DECLASSIFICATION AND DOWNGRADING

    Sec. 3.1. Authority for Declassification.
                (a) Information shall be declassified as soon as it
            no longer meets the standards for classification under
            this order.
                (b) Information shall be declassified or downgraded
            by:
                        (1) the official who authorized the
                    original classification, if that official is
                    still serving in the same position and has
                    original classification authority;
                        (2) the originator's current successor in
                    function, if that individual has original
                    classification authority;
                        (3) a supervisory official of either the
                    originator or his or her successor in function,
                    if the supervisory official has original
                    classification authority; or (4) officials
                    delegated declassification authority in writing
                    by the agency head or the senior agency
                    official of the originating agency.
                (c) The Director of National Intelligence (or, if
            delegated by the Director of National Intelligence, the
            Principal Deputy Director of National Intelligence)
            may, with respect to the Intelligence Community, after
            consultation with the head of the originating
            Intelligence Community element or department,
            declassify, downgrade, or direct the declassification
            or downgrading of information or intelligence relating
            to intelligence sources, methods, or activities.
                (d) It is presumed that information that continues
            to meet the classification requirements under this
            order requires continued protection. In some
            exceptional cases, however, the need to protect such
            information may be outweighed by the public interest in
            disclosure of the information, and in these cases the
            information should be declassified. When such questions
            arise, they shall be referred to the agency head or the
            senior agency official. That official will determine,
            as an exercise of discretion, whether the public
            interest in disclosure outweighs the damage to the
            national security that might reasonably be expected
            from disclosure. This provision does not:
                        (1) amplify or modify the substantive
                    criteria or procedures for classification; or
                        (2) create any substantive or procedural
                    rights subject to judicial review.
                (e) If the Director of the Information Security
            Oversight Office determines that information is
            classified in violation of this order, the Director may
            require the information to be declassified by the
            agency that originated the classification. Any such
            decision by the Director may be appealed to the
            President through the National Security Advisor. The
            information shall remain classified pending a prompt
            decision on the appeal.
                (f) The provisions of this section shall also apply
            to agencies that, under the terms of this order, do not
            have original classification authority, but had such
            authority under predecessor orders.
                (g) No information may be excluded from
            declassification under section 3.3 of this order based
            solely on the type of document or record in which it is
            found. Rather, the classified information must be
            considered on the basis of its content.
                (h) Classified nonrecord materials, including
            artifacts, shall be declassified as soon as they no
            longer meet the standards for classification under this
            order.
                (i) When making decisions under sections 3.3, 3.4,
            and 3.5 of this order, agencies shall consider the
            final decisions of the Panel.

    Sec. 3.2. Transferred Records.
                (a) In the case of classified records transferred
            in conjunction with a transfer of functions, and not
            merely for storage purposes, the receiving agency shall
            be deemed to be the originating agency for purposes of
            this order.
                (b) In the case of classified records that are not
            officially transferred as described in paragraph (a) of
            this section, but that originated in an agency that has
            ceased to exist and for which there is no successor
            agency, each agency in possession of such records shall
            be deemed to be the originating agency for purposes of
            this order. Such records may be declassified or
            downgraded by the agency in possession of the records
            after consultation with any other agency that has an
            interest in the subject matter of the records.
                (c) Classified records accessioned into the
            National Archives shall be declassified or downgraded
            by the Archivist in accordance with this order, the
            directives issued pursuant to this order, agency
            declassification guides, and any existing procedural
            agreement between the Archivist and the relevant agency
            head.
                (d) The originating agency shall take all
            reasonable steps to declassify classified information
            contained in records determined to have permanent
            historical value before they are accessioned into the
            National Archives. However, the Archivist may require
            that classified records be accessioned into the
            National Archives when necessary to comply with the
            provisions of the Federal Records Act. This provision
            does not apply to records transferred to the Archivist
            pursuant to section 2203 of title 44, United States
            Code, or records for which the National Archives serves
            as the custodian of the records of an agency or
            organization that has gone out of existence.
                (e) To the extent practicable, agencies shall adopt
            a system of records management that will facilitate the
            public release of documents at the time such documents
            are declassified pursuant to the provisions for
            automatic declassification in section 3.3 of this
            order.

    Sec. 3.3 Automatic Declassification.
                (a) Subject to paragraphs (b)--(d) and (g)--(j) of
            this section, all classified records that (1) are more
            than 25 years old and (2) have been determined to have
            permanent historical value under title 44, United
            States Code, shall be automatically declassified
            whether or not the records have been reviewed. All
            classified records shall be automatically declassified
            on December 31 of the year that is 25 years from the
            date of origin, except as provided in paragraphs (b)--
            (d) and (g)--(j) of this section. If the date of origin
            of an individual record cannot be readily determined,
            the date of original classification shall be used
            instead.
                (b) An agency head may exempt from automatic
            declassification under paragraph (a) of this section
            specific information, the release of which should
            clearly and demonstrably be expected to:
                        (1) reveal the identity of a confidential
                    human source, a human intelligence source, a
                    relationship with an intelligence or security
                    service of a foreign government or
                    international organization, or a nonhuman
                    intelligence source; or impair the
                    effectiveness of an intelligence method
                    currently in use, available for use, or under
                    development;
                        (2) reveal information that would assist in
                    the development, production, or use of weapons
                    of mass destruction;
                        (3) reveal information that would impair
                    U.S. cryptologic systems or activities;
                        (4) reveal information that would impair
                    the application of state-of-the-art technology
                    within a U.S. weapon system;
                        (5) reveal formally named or numbered U.S.
                    military war plans that remain in effect, or
                    reveal operational or tactical elements of
                    prior plans that are contained in such active
                    plans;
                        (6) reveal information, including foreign
                    government information, that would cause
                    serious harm to relations between the United
                    States and a foreign government, or to ongoing
                    diplomatic activities of the United States;
                        (7) reveal information that would impair
                    the current ability of United States Government
                    officials to protect the President, Vice
                    President, and other protectees for whom
                    protection services, in the interest of the
                    national security, are authorized;
                        (8) reveal information that would seriously
                    impair current national security emergency
                    preparedness plans or reveal current
                    vulnerabilities of systems, installations, or
                    infrastructures relating to the national
                    security; or
                        (9) violate a statute, treaty, or
                    international agreement that does not permit
                    the automatic or unilateral declassification of
                    information at 25 years.
                (c)(1) An agency head shall notify the Panel of any
            specific file series of records for which a review or
            assessment has determined that the information within
            that file series almost invariably falls within one or
            more of the exemption categories listed in paragraph
            (b) of this section and that the agency proposes to
            exempt from automatic declassification at 25 years.
                        (2) The notification shall include:
                                (A) a description of the file
                            series;
                                (B) an explanation of why the
                            information within the file series is
                            almost invariably exempt from automatic
                            declassification and why the
                            information must remain classified for
                            a longer period of time; and
                                (C) except when the information
                            within the file series almost
                            invariably identifies a confidential
                            human source or a human intelligence
                            source or key design concepts of
                            weapons of mass destruction, a specific
                            date or event for declassification of
                            the information, not to exceed December
                            31 of the year that is 50 years from
                            the date of origin of the records.
                        (3) The Panel may direct the agency not to
                    exempt a designated file series or to
                    declassify the information within that series
                    at an earlier date than recommended. The agency
                    head may appeal such a decision to the
                    President through the National Security
                    Advisor.
                        (4) File series exemptions approved by the
                    President prior to December 31, 2008, shall
                    remain valid without any additional agency
                    action pending Panel review by the later of
                    December 31, 2010, or December 31 of the year
                    that is 10 years from the date of previous
                    approval.
                (d) The following provisions shall apply to the
            onset of automatic declassification:
                        (1) Classified records within an integral
                    file block, as defined in this order, that are
                    otherwise subject to automatic declassification
                    under this section shall not be automatically
                    declassified until December 31 of the year that
                    is 25 years from the date of the most recent
                    record within the file block.
                        (2) After consultation with the Director of
                    the National Declassification Center (the
                    Center) established by section 3.7 of this
                    order and before the records are subject to
                    automatic declassification, an agency head or
                    senior agency official may delay automatic
                    declassification for up to five additional
                    years for classified information contained in
                    media that make a review for possible
                    declassification exemptions more difficult or
                    costly.
                        (3) Other than for records that are
                    properly exempted from automatic
                    declassification, records containing classified
                    information that originated with other agencies
                    or the disclosure of which would affect the
                    interests or activities of other agencies with
                    respect to the classified information and could
                    reasonably be expected to fall under one or
                    more of the exemptions in paragraph (b) of this
                    section shall be identified prior to the onset
                    of automatic declassification for later
                    referral to those agencies.
                                (A) The information of concern
                            shall be referred by the Center
                            established by section 3.7 of this
                            order, or by the centralized facilities
                            referred to in section 3.7(e) of this
                            order, in a prioritized and scheduled
                            manner determined by the Center.
                                (B) If an agency fails to provide a
                            final determination on a referral made
                            by the Center within 1 year of
                            referral, or by the centralized
                            facilities referred to in section
                            3.7(e) of this order within 3 years of
                            referral, its equities in the referred
                            records shall be automatically
                            declassified.
                                (C) If any disagreement arises
                            between affected agencies and the
                            Center regarding the referral review
                            period, the Director of the Information
                            Security Oversight Office shall
                            determine the appropriate period of
                            review of referred records.
                                (D) Referrals identified prior to
                            the establishment of the Center by
                            section 3.7 of this order shall be
                            subject to automatic declassification
                            only in accordance with subparagraphs
                            (d)(3)(A)--(C) of this section.
                        (4) After consultation with the Director of
                    the Information Security Oversight Office, an
                    agency head may delay automatic
                    declassification for up to 3 years from the
                    date of discovery of classified records that
                    were inadvertently not reviewed prior to the
                    effective date of automatic declassification.
                (e) Information exempted from automatic
            declassification under this section shall remain
            subject to the mandatory and systematic
            declassification review provisions of this order.
                (f) The Secretary of State shall determine when the
            United States should commence negotiations with the
            appropriate officials of a foreign government or
            international organization of governments to modify any
            treaty or international agreement that requires the
            classification of information contained in records
            affected by this section for a period longer than 25
            years from the date of its creation, unless the treaty
            or international agreement pertains to information that
            may otherwise remain classified beyond 25 years under
            this section.
                (g) The Secretary of Energy shall determine when
            information concerning foreign nuclear programs that
            was removed from the Restricted Data category in order
            to carry out provisions of the National Security Act of
            1947, as amended, may be declassified. Unless otherwise
            determined, such information shall be declassified when
            comparable information concerning the United States
            nuclear program is declassified.
                (h) Not later than 3 years from the effective date
            of this order, all records exempted from automatic
            declassification under paragraphs (b) and (c) of this
            section shall be automatically declassified on December
            31 of a year that is no more than 50 years from the
            date of origin, subject to the following:
                        (1) Records that contain information the
                    release of which should clearly and
                    demonstrably be expected to reveal the
                    following are exempt from automatic
                    declassification at 50 years:
                                (A) the identity of a confidential
                            human source or a human intelligence
                            source; or
                                (B) key design concepts of weapons
                            of mass destruction.
                        (2) In extraordinary cases, agency heads
                    may, within 5 years of the onset of automatic
                    declassification, propose to exempt additional
                    specific information from declassification at
                    50 years.
                        (3) Records exempted from automatic
                    declassification under this paragraph shall be
                    automatically declassified on December 31 of a
                    year that is no more than 75 years from the
                    date of origin unless an agency head, within 5
                    years of that date, proposes to exempt specific
                    information from declassification at 75 years
                    and the proposal is formally approved by the
                    Panel.
                (i) Specific records exempted from automatic
            declassification prior to the establishment of the
            Center described in section 3.7 of this order shall be
            subject to the provisions of paragraph (h) of this
            section in a scheduled and prioritized manner
            determined by the Center.
                (j) At least 1 year before information is subject
            to automatic declassification under this section, an
            agency head or senior agency official shall notify the
            Director of the Information Security Oversight Office,
            serving as Executive Secretary of the Panel, of any
            specific information that the agency proposes to exempt
            from automatic declassification under paragraphs (b)
            and (h) of this section.
                        (1) The notification shall include:
                                (A) a detailed description of the
                            information, either by reference to
                            information in specific records or in
                            the form of a declassification guide;
                                (B) an explanation of why the
                            information should be exempt from
                            automatic declassification and must
                            remain classified for a longer period
                            of time; and
                                (C) a specific date or a specific
                            and independently verifiable event for
                            automatic declassification of specific
                            records that contain the information
                            proposed for exemption.
                        (2) The Panel may direct the agency not to
                    exempt the information or to declassify it at
                    an earlier date than recommended. An agency
                    head may appeal such a decision to the
                    President through the National Security
                    Advisor. The information will remain classified
                    while such an appeal is pending.
                (k) For information in a file series of records
            determined not to have permanent historical value, the
            duration of classification beyond 25 years shall be the
            same as the disposition (destruction) date of those
            records in each Agency Records Control Schedule or
            General Records Schedule, although the duration of
            classification shall be extended if the record has been
            retained for business reasons beyond the scheduled
            disposition date.

    Sec. 3.4. Systematic Declassification Review.
                (a) Each agency that has originated classified
            information under this order or its predecessors shall
            establish and conduct a program for systematic
            declassification review for records of permanent
            historical value exempted from automatic
            declassification under section 3.3 of this order.
            Agencies shall prioritize their review of such records
            in accordance with priorities established by the
            Center.
                (b) The Archivist shall conduct a systematic
            declassification review program for classified records:
                        (1) accessioned into the National Archives;
                        (2) transferred to the Archivist pursuant
                    to 44 U.S.C. 2203; and (3) for which the
                    National Archives serves as the custodian for
                    an agency or organization that has gone out of
                    existence.

    Sec. 3.5. Mandatory Declassification Review.
                (a) Except as provided in paragraph (b) of this
            section, all information classified under this order or
            predecessor orders shall be subject to a review for
            declassification by the originating agency if:
                        (1) the request for a review describes the
                    document or material containing the information
                    with sufficient specificity to enable the
                    agency to locate it with a reasonable amount of
                    effort;
                        (2) the document or material containing the
                    information responsive to the request is not
                    contained within an operational file exempted
                    from search and review, publication, and
                    disclosure under 5 U.S.C. 552 in accordance
                    with law; and
                        (3) the information is not the subject of
                    pending litigation.
                (b) Information originated by the incumbent
            President or the incumbent Vice President; the
            incumbent President's White House Staff or the
            incumbent Vice President's Staff; committees,
            commissions, or boards appointed by the incumbent
            President; or other entities within the Executive
            Office of the President that solely advise and assist
            the incumbent President is exempted from the provisions
            of paragraph (a) of this section. However, the
            Archivist shall have the authority to review,
            downgrade, and declassify papers or records of former
            Presidents and Vice Presidents under the control of the
            Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note,
            or 2203. Review procedures developed by the Archivist
            shall provide for consultation with agencies having
            primary subject matter interest and shall be consistent
            with the provisions of applicable laws or lawful
            agreements that pertain to the respective Presidential
            papers or records. Agencies with primary subject matter
            interest shall be notified promptly of the Archivist's
            decision. Any final decision by the Archivist may be
            appealed by the requester or an agency to the Panel.
            The information shall remain classified pending a
            prompt decision on the appeal.
                (c) Agencies conducting a mandatory review for
            declassification shall declassify information that no
            longer meets the standards for classification under
            this order. They shall release this information unless
            withholding is otherwise authorized and warranted under
            applicable law.
                (d) If an agency has reviewed the requested
            information for declassification within the past 2
            years, the agency need not conduct another review and
            may instead inform the requester of this fact and the
            prior review decision and advise the requester of
            appeal rights provided under subsection (e) of this
            section.
                (e) In accordance with directives issued pursuant
            to this order, agency heads shall develop procedures to
            process requests for the mandatory review of classified
            information. These procedures shall apply to
            information classified under this or predecessor
            orders. They also shall provide a means for
            administratively appealing a denial of a mandatory
            review request, and for notifying the requester of the
            right to appeal a final agency decision to the Panel.
                (f) After consultation with affected agencies, the
            Secretary of Defense shall develop special procedures
            for the review of cryptologic information; the Director
            of National Intelligence shall develop special
            procedures for the review of information pertaining to
            intelligence sources, methods, and activities; and the
            Archivist shall develop special procedures for the
            review of information accessioned into the National
            Archives.
                (g) Documents required to be submitted for
            prepublication review or other administrative process
            pursuant to an approved nondisclosure agreement are not
            covered by this section.
                (h) This section shall not apply to any request for
            a review made to an element of the Intelligence
            Community that is made by a person other than an
            individual as that term is defined by 5 U.S.C.
            552a(a)(2), or by a foreign government entity or any
            representative thereof.

    Sec. 3.6. Processing Requests and Reviews.
        Notwithstanding section 4.1(i) of this order, in response
    to a request for information under the Freedom of Information
    Act, the Presidential Records Act, the Privacy Act of 1974, or
    the mandatory review provisions of this order:
                (a) An agency may refuse to confirm or deny the
            existence or nonexistence of requested records whenever
            the fact of their existence or nonexistence is itself
            classified under this order or its predecessors.
                (b) When an agency receives any request for
            documents in its custody that contain classified
            information that originated with other agencies or the
            disclosure of which would affect the interests or
            activities of other agencies with respect to the
            classified information, or identifies such documents in
            the process of implementing sections 3.3 or 3.4 of this
            order, it shall refer copies of any request and the
            pertinent documents to the originating agency for
            processing and may, after consultation with the
            originating agency, inform any requester of the
            referral unless such association is itself classified
            under this order or its predecessors. In cases in which
            the originating agency determines in writing that a
            response under paragraph (a) of this section is
            required, the referring agency shall respond to the
            requester in accordance with that paragraph.
                (c) Agencies may extend the classification of
            information in records determined not to have permanent
            historical value or nonrecord materials, including
            artifacts, beyond the time frames established in
            sections 1.5(b) and 2.2(f) of this order, provided:
                        (1) the specific information has been
                    approved pursuant to section 3.3(j) of this
                    order for exemption from automatic
                    declassification; and
                        (2) the extension does not exceed the date
                    established in section 3.3(j) of this order.

    Sec. 3.7. National Declassification Center.
                (a) There is established within the National
            Archives a National Declassification Center to
            streamline declassification processes, facilitate
            quality-assurance measures, and implement standardized
            training regarding the declassification of records
            determined to have permanent historical value. There
            shall be a Director of the Center who shall be
            appointed or removed by the Archivist in consultation
            with the Secretaries of State, Defense, Energy, and
            Homeland Security, the Attorney General, and the
            Director of National Intelligence.
                (b) Under the administration of the Director, the
            Center shall coordinate:
                        (1) timely and appropriate processing of
                    referrals in accordance with section 3.3(d)(3)
                    of this order for accessioned Federal records
                    and transferred presidential records.
                        (2) general interagency declassification
                    activities necessary to fulfill the
                    requirements of sections 3.3 and 3.4 of this
                    order;
                        (3) the exchange among agencies of detailed
                    declassification guidance to enable the
                    referral of records in accordance with section
                    3.3(d)(3) of this order;
                        (4) the development of effective,
                    transparent, and standard declassification work
                    processes, training, and quality assurance
                    measures;
                        (5) the development of solutions to
                    declassification challenges posed by electronic
                    records, special media, and emerging
                    technologies;
                        (6) the linkage and effective utilization
                    of existing agency databases and the use of new
                    technologies to document and make public
                    declassification review decisions and support
                    declassification activities under the purview
                    of the Center; and
                        (7) storage and related services, on a
                    reimbursable basis, for Federal records
                    containing classified national security
                    information.
                (c) Agency heads shall fully cooperate with the
            Archivist in the activities of the Center and shall:
                        (1) provide the Director with adequate and
                    current declassification guidance to enable the
                    referral of records in accordance with section
                    3.3(d)(3) of this order; and
                        (2) upon request of the Archivist, assign
                    agency personnel to the Center who shall be
                    delegated authority by the agency head to
                    review and exempt or declassify information
                    originated by their agency contained in records
                    accessioned into the National Archives, after
                    consultation with subject-matter experts as
                    necessary.
                (d) The Archivist, in consultation with
            representatives of the participants in the Center and
            after input from the general public, shall develop
            priorities for declassification activities under the
            purview of the Center that take into account the degree
            of researcher interest and the likelihood of
            declassification.
                (e) Agency heads may establish such centralized
            facilities and internal operations to conduct internal
            declassification reviews as appropriate to achieve
            optimized records management and declassification
            business processes. Once established, all referral
            processing of accessioned records shall take place at
            the Center, and such agency facilities and operations
            shall be coordinated with the Center to ensure the
            maximum degree of consistency in policies and
            procedures that relate to records determined to have
            permanent historical value.
                (f) Agency heads may exempt from automatic
            declassification or continue the classification of
            their own originally classified information under
            section 3.3(a) of this order except that in the case of
            the Director of National Intelligence, the Director
            shall also retain such authority with respect to the
            Intelligence Community.
                (g) The Archivist shall, in consultation with the
            Secretaries of State, Defense, Energy, and Homeland
            Security, the Attorney General, the Director of
            National Intelligence, the Director of the Central
            Intelligence Agency, and the Director of the
            Information Security Oversight Office, provide the
            National Security Advisor with a detailed concept of
            operations for the Center and a proposed implementing
            directive under section 5.1 of this order that reflects
            the coordinated views of the aforementioned agencies.

                              PART 4--SAFEGUARDING

    Sec. 4.1. General Restrictions on Access.
                (a) A person may have access to classified
            information provided that:
                        (1) a favorable determination of
                    eligibility for access has been made by an
                    agency head or the agency head's designee;
                        (2) the person has signed an approved
                    nondisclosure agreement; and
                        (3) the person has a need-to-know the
                    information.
                (b) Every person who has met the standards for
            access to classified information in paragraph (a) of
            this section shall receive contemporaneous training on
            the proper safeguarding of classified information and
            on the criminal, civil, and administrative sanctions
            that may be imposed on an individual who fails to
            protect classified information from unauthorized
            disclosure.
                (c) An official or employee leaving agency service
            may not remove classified information from the agency's
            control or direct that information be declassified in
            order to remove it from agency control.
                (d) Classified information may not be removed from
            official premises without proper authorization.
                (e) Persons authorized to disseminate classified
            information outside the executive branch shall ensure
            the protection of the information in a manner
            equivalent to that provided within the executive
            branch.
                (f) Consistent with law, executive orders,
            directives, and regulations, an agency head or senior
            agency official or, with respect to the Intelligence
            Community, the Director of National Intelligence, shall
            establish uniform procedures to ensure that automated
            information systems, including networks and
            telecommunications systems, that collect, create,
            communicate, compute, disseminate, process, or store
            classified information:
                        (1) prevent access by unauthorized persons;
                        (2) ensure the integrity of the
                    information; and
                        (3) to the maximum extent practicable, use:
                                (A) common information technology
                            standards, protocols, and interfaces
                            that maximize the availability of, and
                            access to, the information in a form
                            and manner that facilitates its
                            authorized use; and
                                (B) standardized electronic formats
                            to maximize the accessibility of
                            information to persons who meet the
                            criteria set forth in section 4.1(a) of
                            this order.
                (g) Consistent with law, executive orders,
            directives, and regulations, each agency head or senior
            agency official, or with respect to the Intelligence
            Community, the Director of National Intelligence, shall
            establish controls to ensure that classified
            information is used, processed, stored, reproduced,
            transmitted, and destroyed under conditions that
            provide adequate protection and prevent access by
            unauthorized persons.
                (h) Consistent with directives issued pursuant to
            this order, an agency shall safeguard foreign
            government information under standards that provide a
            degree of protection at least equivalent to that
            required by the government or international
            organization of governments that furnished the
            information. When adequate to achieve equivalency,
            these standards may be less restrictive than the
            safeguarding standards that ordinarily apply to U.S.
            ``Confidential'' information, including modified
            handling and transmission and allowing access to
            individuals with a need-to-know who have not otherwise
            been cleared for access to classified information or
            executed an approved nondisclosure agreement.
                (i)(1) Classified information originating in one
            agency may be disseminated to another agency or U.S.
            entity by any agency to which it has been made
            available without the consent of the originating
            agency, as long as the criteria for access under
            section 4.1(a) of this order are met, unless the
            originating agency has determined that prior
            authorization is required for such dissemination and
            has marked or indicated such requirement on the medium
            containing the classified information in accordance
            with implementing directives issued pursuant to this
            order.
                        (2) Classified information originating in
                    one agency may be disseminated by any other
                    agency to which it has been made available to a
                    foreign government in accordance with statute,
                    this order, directives implementing this order,
                    direction of the President, or with the consent
                    of the originating agency. For the purposes of
                    this section, ``foreign government'' includes
                    any element of a foreign government, or an
                    international organization of governments, or
                    any element thereof.
                        (3) Documents created prior to the
                    effective date of this order shall not be
                    disseminated outside any other agency to which
                    they have been made available without the
                    consent of the originating agency. An agency
                    head or senior agency official may waive this
                    requirement for specific information that
                    originated within that agency.
                        (4) For purposes of this section, the
                    Department of Defense shall be considered one
                    agency, except that any dissemination of
                    information regarding intelligence sources,
                    methods, or activities shall be consistent with
                    directives issued pursuant tosection 6.2(b) of
                    this order.
                        (5) Prior consent of the originating agency
                    is not required when referring records for
                    declassification review that contain
                    information originating in more than one
                    agency.

    Sec. 4.2 Distribution Controls.
                (a) The head of each agency shall establish
            procedures in accordance with applicable law and
            consistent with directives issued pursuant to this
            order to ensure that classified information is
            accessible to the maximum extent possible by
            individuals who meet the criteria set forth in section
            4.1(a) of this order.
                (b) In an emergency, when necessary to respond to
            an imminent threat to life or in defense of the
            homeland, the agency head or any designee may authorize
            the disclosure of classified information (including
            information marked pursuant to section 4.1(i)(1) of
            this order) to an individual or individuals who are
            otherwise not eligible for access. Such actions shall
            be taken only in accordance with directives
            implementing this order and any procedure issued by
            agencies governing the classified information, which
            shall be designed to minimize the classified
            information that is disclosed under these circumstances
            and the number of individuals who receive it.
            Information disclosed under this provision or
            implementing directives and procedures shall not be
            deemed declassified as a result of such disclosure or
            subsequent use by a recipient. Such disclosures shall
            be reported promptly to the originator of the
            classified information. For purposes of this section,
            the Director of National Intelligence may issue an
            implementing directive governing the emergency
            disclosure of classified intelligence information.
                (c) Each agency shall update, at least annually,
            the automatic, routine, or recurring distribution
            mechanism for classified information that it
            distributes. Recipients shall cooperate fully with
            distributors who are updating distribution lists and
            shall notify distributors whenever a relevant change in
            status occurs.

    Sec. 4.3. Special Access Programs.
                (a) Establishment of special access programs.
            Unless otherwise authorized by the President, only the
            Secretaries of State, Defense, Energy, and Homeland
            Security, the Attorney General, and the Director of
            National Intelligence, or the principal deputy of each,
            may create a special access program. For special access
            programs pertaining to intelligence sources, methods,
            and activities (but not including military operational,
            strategic, and tactical programs), this function shall
            be exercised by the Director of National Intelligence.
            These officials shall keep the number of these programs
            at an absolute minimum, and shall establish them only
            when the program is required by statute or upon a
            specific finding that:
                        (1) the vulnerability of, or threat to,
                    specific information is exceptional; and
                        (2) the normal criteria for determining
                    eligibility for access applicable to
                    information classified at the same level are
                    not deemed sufficient to protect the
                    information from unauthorized disclosure.
                (b) Requirements and limitations.
                        (1) Special access programs shall be
                    limited to programs in which the number of
                    persons who ordinarily will have access will be
                    reasonably small and commensurate with the
                    objective of providing enhanced protection for
                    the information involved.
                        (2) Each agency head shall establish and
                    maintain a system of accounting for special
                    access programs consistent with directives
                    issued pursuant to this order.
                        (3) Special access programs shall be
                    subject to the oversight program established
                    under section 5.4(d) of this order. In
                    addition, the Director of the Information
                    Security Oversight Office shall be afforded
                    access to these programs, in accordance with
                    the security requirements of each program, in
                    order to perform the functions assigned to the
                    Information Security Oversight Office under
                    this order. An agency head may limit access to
                    a special access program to the Director of the
                    Information Security Oversight Office and no
                    more than one other employee of the Information
                    Security Oversight Office or, for special
                    access programs that are extraordinarily
                    sensitive and vulnerable, to the Director only.
                        (4) The agency head or principal deputy
                    shall review annually each special access
                    program to determine whether it continues to
                    meet the requirements of this order.
                        (5) Upon request, an agency head shall
                    brief the National Security Advisor, or a
                    designee, on any or all of the agency's special
                    access programs.
                        (6) For the purposes of this section, the
                    term ``agency head'' refers only to the
                    Secretaries of State, Defense, Energy, and
                    Homeland Security, the Attorney General, and
                    the Director of National Intelligence, or the
                    principal deputy of each.
                (c) Nothing in this order shall supersede any
            requirement made by or under 10 U.S.C. 119.

    Sec. 4.4. Access by Historical Researchers and Certain Former
    Government Personnel.
                (a) The requirement in section 4.1(a)(3) of this
            order that access to classified information may be
            granted only to individuals who have a need-to-know the
            information may be waived for persons who:
                        (1) are engaged in historical research
                    projects;
                        (2) previously have occupied senior policy-
                    making positions to which they were appointed
                    or designated by the President or the Vice
                    President; or
                        (3) served as President or Vice President.
                (b) Waivers under this section may be granted only
            if the agency head or senior agency official of the
            originating agency:
                        (1) determines in writing that access is
                    consistent with the interest of the national
                    security;
                        (2) takes appropriate steps to protect
                    classified information from unauthorized
                    disclosure or compromise, and ensures that the
                    information is safeguarded in a manner
                    consistent with this order; and
                        (3) limits the access granted to former
                    Presidential appointees or designees and Vice
                    Presidential appointees or designees to items
                    that the person originated, reviewed, signed,
                    or received while serving as a Presidential or
                    Vice Presidential appointee or designee.

                       PART 5--IMPLEMENTATION AND REVIEW

    Sec. 5.1. Program Direction.
                (a) The Director of the Information Security
            Oversight Office, under the direction of the Archivist
            and in consultation with the National Security Advisor,
            shall issue such directives as are necessary to
            implement this order. These directives shall be binding
            on the agencies. Directives issued by the Director of
            the Information Security Oversight Office shall
            establish standards for:
                        (1) classification, declassification, and
                    marking principles;
                        (2) safeguarding classified information,
                    which shall pertain to the handling, storage,
                    distribution, transmittal, and destruction of
                    and accounting for classified information;
                        (3) agency security education and training
                    programs;
                        (4) agency self-inspection programs; and
                        (5) classification and declassification
                    guides.
                (b) The Archivist shall delegate the implementation
            and monitoring functions of this program to the
            Director of the Information Security Oversight Office.
                (c) The Director of National Intelligence, after
            consultation with the heads of affected agencies and
            the Director of the Information Security Oversight
            Office, may issue directives to implement this order
            with respect to the protection of intelligence sources,
            methods, and activities. Such directives shall be
            consistent with this order and directives issued under
            paragraph (a) of this section.

    Sec. 5.2. Information Security Oversight Office.
                (a) There is established within the National
            Archives an Information Security Oversight Office. The
            Archivist shall appoint the Director of the Information
            Security Oversight Office, subject to the approval of
            the President.
                (b) Under the direction of the Archivist, acting in
            consultation with the National Security Advisor, the
            Director of the Information Security Oversight Office
            shall:
                        (1) develop directives for the
                    implementation of this order;
                        (2) oversee agency actions to ensure
                    compliance with this order and its implementing
                    directives;
                        (3) review and approve agency implementing
                    regulations prior to their issuance to ensure
                    their consistency with this order and
                    directives issued under section 5.1(a) of this
                    order;
                        (4) have the authority to conduct on-site
                    reviews of each agency's program established
                    under this order, and to require of each agency
                    those reports and information and other
                    cooperation that may be necessary to fulfill
                    its responsibilities. If granting access to
                    specific categories of classified information
                    would pose an exceptional national security
                    risk, the affected agency head or the senior
                    agency official shall submit a written
                    justification recommending the denial of access
                    to the President through the National Security
                    Advisor within 60 days of the request for
                    access. Access shall be denied pending the
                    response;
                        (5) review requests for original
                    classification authority from agencies or
                    officials not granted original classification
                    authority and, if deemed appropriate, recommend
                    Presidential approval through the National
                    Security Advisor;
                        (6) consider and take action on complaints
                    and suggestions from persons within or outside
                    the Government with respect to the
                    administration of the program established under
                    this order;
                        (7) have the authority to prescribe, after
                    consultation with affected agencies,
                    standardization of forms or procedures that
                    will promote the implementation of the program
                    established under this order;
                        (8) report at least annually to the
                    President on the implementation of this order;
                    and
                        (9) convene and chair interagency meetings
                    to discuss matters pertaining to the program
                    established by this order.

    Sec. 5.3. Interagency Security Classification Appeals Panel.
                (a) Establishment and administration.
                        (1) There is established an Interagency
                    Security Classification Appeals Panel. The
                    Departments of State, Defense, and Justice, the
                    National Archives, the Office of the Director
                    of National Intelligence, and the National
                    Security Advisor shall each be represented by a
                    senior-level representative who is a full-time
                    or permanent part-time Federal officer or
                    employee designated to serve as a member of the
                    Panel by the respective agency head. The
                    President shall designate a Chair from among
                    the members of the Panel.
                        (2) Additionally, the Director of the
                    Central Intelligence Agency may appoint a
                    temporary representative who meets the criteria
                    in paragraph (a)(1) of this section to
                    participate as a voting member in all Panel
                    deliberations and associated support activities
                    concerning classified information originated by
                    the Central Intelligence Agency.
                        (3) A vacancy on the Panel shall be filled
                    as quickly as possible as provided in paragraph
                    (a)(1) of this section.
                        (4) The Director of the Information
                    Security Oversight Office shall serve as the
                    Executive Secretary of the Panel. The staff of
                    the Information Security Oversight Office shall
                    provide program and administrative support for
                    the Panel.
                        (5) The members and staff of the Panel
                    shall be required to meet eligibility for
                    access standards in order to fulfill the
                    Panel's functions.
                        (6) The Panel shall meet at the call of the
                    Chair. The Chair shall schedule meetings as may
                    be necessary for the Panel to fulfill its
                    functions in a timely manner.
                        (7) The Information Security Oversight
                    Office shall include in its reports to the
                    President a summary of the Panel's activities.
                (b) Functions. The Panel shall:
                        (1) decide on appeals by persons who have
                    filed classification challenges under section
                    1.8 of this order;
                        (2) approve, deny, or amend agency
                    exemptions from automatic declassification as
                    provided in section 3.3 of this order;
                        (3) decide on appeals by persons or
                    entities who have filed requests for mandatory
                    declassification review under section 3.5 of
                    this order; and
                        (4) appropriately inform senior agency
                    officials and the public of final Panel
                    decisions on appeals under sections 1.8 and 3.5
                    of this order.
                (c) Rules and procedures. The Panel shall issue
            bylaws, which shall be published in the Federal
            Register. The bylaws shall establish the rules and
            procedures that the Panel will follow in accepting,
            considering, and issuing decisions on appeals. The
            rules and procedures of the Panel shall provide that
            the Panel will consider appeals only on actions in
            which:
                        (1) the appellant has exhausted his or her
                    administrative remedies within the responsible
                    agency;
                        (2) there is no current action pending on
                    the issue within the Federal courts; and
                        (3) the information has not been the
                    subject of review by the Federal courts or the
                    Panel within the past 2 years.
                (d) Agency heads shall cooperate fully with the
            Panel so that it can fulfill its functions in a timely
            and fully informed manner. The Panel shall report to
            the President through the National Security Advisor any
            instance in which it believes that an agency head is
            not cooperating fully with the Panel.
                (e) The Panel is established for the sole purpose
            of advising and assisting the President in the
            discharge of his constitutional and discretionary
            authority to protect the national security of the
            United States. Panel decisions are committed to the
            discretion of the Panel, unless changed by the
            President.
                (f) An agency head may appeal a decision of the
            Panel to the President through the National Security
            Advisor. The information shall remain classified
            pending a decision on the appeal.

    Sec. 5.4. General Responsibilities. Heads of agencies that
    originate or handle classified information shall:
                (a) demonstrate personal commitment and commit
            senior management to the successful implementation of
            the program established under this order;
                (b) commit necessary resources to the effective
            implementation of the program established under this
            order;
                (c) ensure that agency records systems are designed
            and maintained to optimize the appropriate sharing and
            safeguarding of classified information, and to
            facilitate its declassification under the terms of this
            order when it no longer meets the standards for
            continued classification; and
                (d) designate a senior agency official to direct
            and administer the program, whose responsibilities
            shall include:
                        (1) overseeing the agency's program
                    established under this order, provided an
                    agency head may designate a separate official
                    to oversee special access programs authorized
                    under this order. This official shall provide a
                    full accounting of the agency's special access
                    programs at least annually;
                        (2) promulgating implementing regulations,
                    which shall be published in the Federal
                    Register to the extent that they affect members
                    of the public;
                        (3) establishing and maintaining security
                    education and training programs;
                        (4) establishing and maintaining an ongoing
                    self-inspection program, which shall include
                    the regular reviews of representative samples
                    of the agency's original and derivative
                    classification actions, and shall authorize
                    appropriate agency officials to correct
                    misclassification actions not covered by
                    sections 1.7(c) and 1.7(d) of this order; and
                    reporting annually to the Director of the
                    Information Security Oversight Office on the
                    agency's self-inspection program;
                        (5) establishing procedures consistent with
                    directives issued pursuant to this order to
                    prevent unnecessary access to classified
                    information, including procedures that:
                                (A) require that a need for access
                            to classified information be
                            established before initiating
                            administrative clearance procedures;
                            and
                                (B) ensure that the number of
                            persons granted access to classified
                            information meets the mission needs of
                            the agency while also satisfying
                            operational and security requirements
                            and needs;
                        (6) developing special contingency plans
                    for the safeguarding of classified information
                    used in or near hostile or potentially hostile
                    areas;
                        (7) ensuring that the performance contract
                    or other system used to rate civilian or
                    military personnel performance includes the
                    designation and management of classified
                    information as a critical element or item to be
                    evaluated in the rating of:
                                (A) original classification
                            authorities;
                                (B) security managers or security
                            specialists; and
                                (C) all other personnel whose
                            duties significantly involve the
                            creation or handling of classified
                            information, including personnel who
                            regularly apply derivative
                            classification markings;
                        (8) accounting for the costs associated
                    with the implementation of this order, which
                    shall be reported to the Director of the
                    Information Security Oversight Office for
                    publication;
                        (9) assigning in a prompt manner agency
                    personnel to respond to any request, appeal,
                    challenge, complaint, or suggestion arising out
                    of this order that pertains to classified
                    information that originated in a component of
                    the agency that no longer exists and for which
                    there is no clear successor in function; and
                        (10) establishing a secure capability to
                    receive information, allegations, or complaints
                    regarding over-classification or incorrect
                    classification within the agency and to provide
                    guidance to personnel on proper classification
                    as needed.

    Sec. 5.5. Sanctions.
                (a) If the Director of the Information Security
            Oversight Office finds that a violation of this order
            or its implementing directives has occurred, the
            Director shall make a report to the head of the agency
            or to the senior agency official so that corrective
            steps, if appropriate, may be taken.
                (b) Officers and employees of the United States
            Government, and its contractors, licensees, certificate
            holders, and grantees shall be subject to appropriate
            sanctions if they knowingly, willfully, or negligently:
                        (1) disclose to unauthorized persons
                    information properly classified under this
                    order or predecessor orders;
                        (2) classify or continue the classification
                    of information in violation of this order or
                    any implementing directive;
                        (3) create or continue a special access
                    program contrary to the requirements of this
                    order; or
                        (4) contravene any other provision of this
                    order or its implementing directives.
                (c) Sanctions may include reprimand, suspension
            without pay, removal, termination of classification
            authority, loss or denial of access to classified
            information, or other sanctions in accordance with
            applicable law and agency regulation.
                (d) The agency head, senior agency official, or
            other supervisory official shall, at a minimum,
            promptly remove the classification authority of any
            individual who demonstrates reckless disregard or a
            pattern of error in applying the classification
            standards of this order.
                (e) The agency head or senior agency official
            shall:
                        (1) take appropriate and prompt corrective
                    action when a violation or infraction under
                    paragraph (b) of this section occurs; and
                        (2) notify the Director of the Information
                    Security Oversight Office when a violation
                    under paragraph (b)(1), (2), or (3) of this
                    section occurs.

                           PART 6--GENERAL PROVISIONS

    Sec. 6.1. Definitions. For purposes of this order:
                (a) ``Access'' means the ability or opportunity to
            gain knowledge of classified information.
                (b) ``Agency'' means any ``Executive agency,'' as
            defined in 5 U.S.C. 105; any ``Military department'' as
            defined in 5 U.S.C. 102; and any other entity within
            the executive branch that comes into the possession of
            classified information.
                (c) ``Authorized holder'' of classified information
            means anyone who satisfies the conditions for access
            stated in section 4.1(a) of this order.
                (d) ``Automated information system'' means an
            assembly of computer hardware, software, or firmware
            configured to collect, create, communicate, compute,
            disseminate, process, store, or control data or
            information.
                (e) ``Automatic declassification'' means the
            declassification of information based solely upon:
                        (1) the occurrence of a specific date or
                    event as determined by the original
                    classification authority; or
                        (2) the expiration of a maximum time frame
                    for duration of classification established
                    under this order.
                (f) ``Classification'' means the act or process by
            which information is determined to be classified
            information.
                (g) ``Classification guidance'' means any
            instruction or source that prescribes the
            classification of specific information.
                (h) ``Classification guide'' means a documentary
            form of classification guidance issued by an original
            classification authority that identifies the elements
            of information regarding a specific subject that must
            be classified and establishes the level and duration of
            classification for each such element.
                (i) ``Classified national security information'' or
            ``classified information'' means information that has
            been determined pursuant to this order or any
            predecessor order to require protection against
            unauthorized disclosure and is marked to indicate its
            classified status when in documentary form.
                (j) ``Compilation'' means an aggregation of
            preexisting unclassified items of information.
                (k) ``Confidential source'' means any individual or
            organization that has provided, or that may reasonably
            be expected to provide, information to the United
            States on matters pertaining to the national security
            with the expectation that the information or
            relationship, or both, are to be held in confidence.
                (l) ``Damage to the national security'' means harm
            to the national defense or foreign relations of the
            United States from the unauthorized disclosure of
            information, taking into consideration such aspects of
            the information as the sensitivity, value, utility, and
            provenance of that information.
                (m) ``Declassification'' means the authorized
            change in the status of information from classified
            information to unclassified information.
                (n) ``Declassification guide'' means written
            instructions issued by a declassification authority
            that describes the elements of information regarding a
            specific subject that may be declassified and the
            elements that must remain classified.
                (o) ``Derivative classification'' means the
            incorporating, paraphrasing, restating, or generating
            in new form information that is already classified, and
            marking the newly developed material consistent with
            the classification markings that apply to the source
            information. Derivative classification includes the
            classification of information based on classification
            guidance. The duplication or reproduction of existing
            classified information is not derivative
            classification.
                (p) ``Document'' means any recorded information,
            regardless of the nature of the medium or the method or
            circumstances of recording.
                (q) ``Downgrading'' means a determination by a
            declassification authority that information classified
            and safeguarded at a specified level shall be
            classified and safeguarded at a lower level.
                (r) ``File series'' means file units or documents
            arranged according to a filing system or kept together
            because they relate to a particular subject or
            function, result from the same activity, document a
            specific kind of transaction, take a particular
            physical form, or have some other relationship arising
            out of their creation, receipt, or use, such as
            restrictions on access or use.
                (s) ``Foreign government information'' means:
                        (1) information provided to the United
                    States Government by a foreign government or
                    governments, an international organization of
                    governments, or any element thereof, with the
                    expectation that the information, the source of
                    the information, or both, are to be held in
                    confidence;
                        (2) information produced by the United
                    States Government pursuant to or as a result of
                    a joint arrangement with a foreign government
                    or governments, or an international
                    organization of governments, or any element
                    thereof, requiring that the information, the
                    arrangement, or both, are to be held in
                    confidence; or
                        (3) information received and treated as
                    ``foreign government information'' under the
                    terms of a predecessor order.
                (t) ``Information'' means any knowledge that can be
            communicated or documentary material, regardless of its
            physical form or characteristics, that is owned by, is
            produced by or for, or is under the control of the
            United States Government.
                (u) ``Infraction'' means any knowing, willful, or
            negligent action contrary to the requirements of this
            order or its implementing directives that does not
            constitute a ``violation,'' as defined below.
                (v) ``Integral file block'' means a distinct
            component of a file series, as defined in this section,
            that should be maintained as a separate unit in order
            to ensure the integrity of the records. An integral
            file block may consist of a set of records covering
            either a specific topic or a range of time, such as a
            Presidential administration or a 5-year retirement
            schedule within a specific file series that is retired
            from active use as a group. For purposes of automatic
            declassification, integral file blocks shall contain
            only records dated within 10 years of the oldest record
            in the file block.
                (w) ``Integrity'' means the state that exists when
            information is unchanged from its source and has not
            been accidentally or intentionally modified, altered,
            or destroyed.
                (x) ``Intelligence'' includes foreign intelligence
            and counterintelligence as defined by Executive Order
            12333 of December 4, 1981, as amended, or by a
            successor order.
                (y) ``Intelligence activities'' means all
            activities that elements of the Intelligence Community
            are authorized to conduct pursuant to law or Executive
            Order 12333, as amended, or a successor order.
                (z) ``Intelligence Community'' means an element or
            agency of the U.S. Government identified in or
            designated pursuant to section 3(4) of the National
            Security Act of 1947, as amended, or section 3.5(h) of
            Executive Order 12333, as amended.
                (aa) ``Mandatory declassification review'' means
            the review for declassification of classified
            information in response to a request for
            declassification that meets the requirements under
            section 3.5 of this order.
                (bb) ``Multiple sources'' means two or more source
            documents, classification guides, or a combination of
            both.
                (cc) ``National security'' means the national
            defense or foreign relations of the United States.
                (dd) ``Need-to-know'' means a determination within
            the executive branch in accordance with directives
            issued pursuant to this order that a prospective
            recipient requires access to specific classified
            information in order to perform or assist in a lawful
            and authorized governmental function.
                (ee) ``Network'' means a system of two or more
            computers that can exchange data or information.
                (ff) ``Original classification'' means an initial
            determination that information requires, in the
            interest of the national security, protection against
            unauthorized disclosure.
                (gg) ``Original classification authority'' means an
            individual authorized in writing, either by the
            President, the Vice President, or by agency heads or
            other officials designated by the President, to
            classify information in the first instance.
                (hh) ``Records'' means the records of an agency and
            Presidential papers or Presidential records, as those
            terms are defined in title 44, United States Code,
            including those created or maintained by a government
            contractor, licensee, certificate holder, or grantee
            that are subject to the sponsoring agency's control
            under the terms of the contract, license, certificate,
            or grant.
                (ii) ``Records having permanent historical value''
            means Presidential papers or Presidential records and
            the records of an agency that the Archivist has
            determined should be maintained permanently in
            accordance with title 44, United States Code.
                (jj) ``Records management'' means the planning,
            controlling, directing, organizing, training,
            promoting, and other managerial activities involved
            with respect to records creation, records maintenance
            and use, and records disposition in order to achieve
            adequate and proper documentation of the policies and
            transactions of the Federal Government and effective
            and economical management of agency operations.
                (kk) ``Safeguarding'' means measures and controls
            that are prescribed to protect classified information.
                (ll) ``Self-inspection'' means the internal review
            and evaluation of individual agency activities and the
            agency as a whole with respect to the implementation of
            the program established under this order and its
            implementing directives.
                (mm) ``Senior agency official'' means the official
            designated by the agency head under section 5.4(d) of
            this order to direct and administer the agency's
            program under which information is classified,
            safeguarded, and declassified.
                (nn) ``Source document'' means an existing document
            that contains classified information that is
            incorporated, paraphrased, restated, or generated in
            new form into a new document.
                (oo) ``Special access program'' means a program
            established for a specific class of classified
            information that imposes safeguarding and access
            requirements that exceed those normally required for
            information at the same classification level.
                (pp) ``Systematic declassification review'' means
            the review for declassification of classified
            information contained in records that have been
            determined by the Archivist to have permanent
            historical value in accordance with title 44, United
            States Code.
                (qq) ``Telecommunications'' means the preparation,
            transmission, or communication of information by
            electronic means.
                (rr) ``Unauthorized disclosure'' means a
            communication or physical transfer of classified
            information to an unauthorized recipient.
                (ss) ``U.S. entity'' includes:
                        (1) State, local, or tribal governments;
                        (2) State, local, and tribal law
                    enforcement and firefighting entities;
                        (3) public health and medical entities;
                        (4) regional, state, local, and tribal
                    emergency management entities, including State
                    Adjutants General and other appropriate public
                    safety entities; or
                        (5) private sector entities serving as part
                    of the nation's Critical Infrastructure/Key
                    Resources.
                (tt) ``Violation'' means:
                        (1) any knowing, willful, or negligent
                    action that could reasonably be expected to
                    result in an unauthorized disclosure of
                    classified information;
                        (2) any knowing, willful, or negligent
                    action to classify or continue the
                    classification of information contrary to the
                    requirements of this order or its implementing
                    directives; or
                        (3) any knowing, willful, or negligent
                    action to create or continue a special access
                    program contrary to the requirements of this
                    order. (uu) ``Weapons of mass destruction''
                    means any weapon of mass destruction as defined
                    in 50 U.S.C. 1801(p).

    Sec. 6.2. General Provisions.
                (a) Nothing in this order shall supersede any
            requirement made by or under the Atomic Energy Act of
            1954, as amended, or the National Security Act of 1947,
            as amended. ``Restricted Data'' and ``Formerly
            Restricted Data'' shall be handled, protected,
            classified, downgraded, and declassified in conformity
            with the provisions of the Atomic Energy Act of 1954,
            as amended, and regulations issued under that Act.
                (b) The Director of National Intelligence may, with
            respect to the Intelligence Community and after
            consultation with the heads of affected departments and
            agencies, issue such policy directives and guidelines
            as the Director of National Intelligence deems
            necessary to implement this order with respect to the
            classification and declassification of all intelligence
            and intelligence-related information, and for access to
            and dissemination of all intelligence and intelligence-
            related information, both in its final form and in the
            form when initially gathered. Procedures or other
            guidance issued by Intelligence Community element heads
            shall be in accordance with such policy directives or
            guidelines issued by the Director of National
            Intelligence. Any such policy directives or guidelines
            issued by the Director of National Intelligence shall
            be in accordance with directives issued by the Director
            of the Information Security Oversight Office under
            section 5.1(a) of this order.
                (c) The Attorney General, upon request by the head
            of an agency or the Director of the Information
            Security Oversight Office, shall render an
            interpretation of this order with respect to any
            question arising in the course of its administration.
                (d) Nothing in this order limits the protection
            afforded any information by other provisions of law,
            including the Constitution, Freedom of Information Act
            exemptions, the Privacy Act of 1974, and the National
            Security Act of 1947, as amended. This order is not
            intended to and does not create any right or benefit,
            substantive or procedural, enforceable at law by a
            party against the United States, its departments,
            agencies, or entities, its officers, employees, or
            agents, or any other person. The foregoing is in
            addition to the specific provisos set forth in sections
            1.1(b), 3.1(c) and 5.3(e) of this order.
                (e) Nothing in this order shall be construed to
            obligate action or otherwise affect functions by the
            Director of the Office of Management and Budget
            relating to budgetary, administrative, or legislative
            proposals.
                (f) This order shall be implemented subject to the
            availability of appropriations.
                (g) Executive Order 12958 of April 17, 1995, and
            amendments thereto, including Executive Order 13292 of
            March 25, 2003, are hereby revoked as of the effective
            date of this order.

    Sec. 6.3. Effective Date. This order is effective 180 days from
    the date of this order, except for sections 1.7, 3.3, and 3.7,
    which are effective immediately.

    Sec. 6.4. Publication. The Archivist of the United States shall
    publish this Executive Order in the Federal Register.

                             Executive Order 13527

          Establishing Federal Capability for the Timely Provision of
             Medical Countermeasures Following a Biological Attack

    =======================================================================

    Signed:                              December 30, 2009
    Federal Register page and date:      75 FR 737, January 6, 2010

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, it
    is hereby ordered as follows:

    Section 1. Policy. It is the policy of the United States to
    plan and prepare for the timely provision of medical
    countermeasures to the American people in the event of a
    biological attack in the United States through a rapid Federal
    response in coordination with State, local, territorial, and
    tribal governments.
        This policy would seek to:
                (1) mitigate illness and prevent death;
                (2) sustain critical infrastructure; and
                (3) complement and supplement State, local,
            territorial, and tribal government medical
            countermeasure distribution capacity.

    Sec. 2. United States Postal Service Delivery of Medical
    Countermeasures.
                (a) The U.S. Postal Service has the capacity for
            rapid residential delivery of medical countermeasures
            for self administration across all communities in the
            United States. The Federal Government shall pursue a
            national U.S. Postal Service medical countermeasures
            dispensing model to respond to a large-scale biological
            attack.
                (b) The Secretaries of Health and Human Services
            and Homeland Security, in coordination with the U.S.
            Postal Service, within 180 days of the date of this
            order, shall establish a national U.S. Postal Service
            medical countermeasures dispensing model for U.S.
            cities to respond to a large-scale biological attack,
            with anthrax as the primary threat consideration.
                (c) In support of the national U.S. Postal Service
            model, the Secretaries of Homeland Security, Health and
            Human Services, and Defense, and the Attorney General,
            in coordination with the U.S. Postal Service, and in
            consultation with State and local public health,
            emergency management, and law enforcement officials,
            within 180 days of the date of this order, shall
            develop an accompanying plan for supplementing local
            law enforcement personnel, as necessary and
            appropriate, with local Federal law enforcement, as
            well as other appropriate personnel, to escort U.S.
            Postal workers delivering medical countermeasures.

    Sec. 3. Federal Rapid Response.
                (a) The Federal Government must develop the
            capacity to anticipate and immediately supplement the
            capabilities of affected jurisdictions to rapidly
            distribute medical countermeasures following a
            biological attack. Implementation of a Federal strategy
            to rapidly dispense medical countermeasures requires
            establishment of a Federal rapid response capability.
                (b) The Secretaries of Homeland Security and Health
            and Human Services, in coordination with the Secretary
            of Defense, within 90 days of the date of this order,
            shall develop a concept of operations and establish
            requirements for a Federal rapid response to dispense
            medical countermeasures to an affected population
            following a large-scale biological attack.

    Sec. 4. Continuity of Operations.
                (a) The Federal Government must establish
            mechanisms for the provision of medical countermeasures
            to personnel performing mission-essential functions to
            ensure that mission-essential functions of Federal
            agencies continue to be performed following a
            biological attack.
                (b) The Secretaries of Health and Human Services
            and Homeland Security, within 180 days of the date of
            this order, shall develop a plan for the provision of
            medical countermeasures to ensure that mission-
            essential functions of executive branch departments and
            agencies continue to be performed following a large-
            scale biological attack.

    Sec. 5. General Provisions.
                (a) Nothing in this order shall be construed to
            impair or otherwise affect:
                        (i) authority granted by law to a
                    department or agency, or the head thereof; or
                        (ii) functions of the Director of the
                    Office of Management and Budget relating to
                    budgetary, administrative, or legislative
                    proposals.
                (b) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations.
                (c) This order is not intended to, and does not,
            create any right or benefit, substantive or procedural,
            enforceable at law or in equity, by any party against
            the United States, its departments, agencies, or
            entities, its officers, employees, or agents, or any
            other person.

                             Executive Order 13528

                   Establishment of the Council of Governors

    =======================================================================

    Signed:                              OJanuary 11, 2010
    Federal Register page and date:      75 FR 2053, January 14, 2010

    =======================================================================

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 1822 of the National Defense Authorization
    Act of 2008 (Public Law 110-181), and in order to strengthen
    further the partnership between the Federal Government and
    State governments to protect our Nation and its people and
    property, it is hereby ordered as follows:

    Section 1. Council of Governors.
                (a) There is established a Council of Governors
            (Council). The Council shall consist of 10 State
            Governors appointed by the President (Members), of whom
            no more than five shall be of the same political party.
            The term of service for each Member appointed to serve
            on the Council shall be 2 years, but a Member may be
            reappointed for additional terms.
                (b) The President shall designate two Members, who
            shall not be members of the same political party, to
            serve as Co-Chairs of the Council.

    Sec. 2. Functions. The Council shall meet at the call of the
    Secretary of Defense or the Co-Chairs of the Council to
    exchange views, information, or advice with the Secretary of
    Defense; the Secretary of Homeland Security; the Assistant to
    the President for Homeland Security and Counterterrorism; the
    Assistant to the President for Intergovernmental Affairs and
    Public Engagement; the Assistant Secretary of Defense for
    Homeland Defense and Americas' Security Affairs; the Commander,
    United States Northern Command; the Chief, National Guard
    Bureau; the Commandant of the Coast Guard; and other
    appropriate officials of the Department of Homeland Security
    and the Department of Defense, and appropriate officials of
    other executive departments or agencies as may be designated by
    the Secretary of Defense or the Secretary of Homeland Security.
    Such views, information, or advice shall concern:
                (a) matters involving the National Guard of the
            various States;
                (b) homeland defense;
                (c) civil support;
                (d) synchronization and integration of State and
            Federal military activities in the United States; and
                (e) other matters of mutual interest pertaining to
            National Guard, homeland defense, and civil support
            activities.

    Sec. 3. Administration.
                (a) The Secretary of Defense shall designate an
            Executive Director to coordinate the work of the
            Council.
                (b) Members shall serve without compensation for
            their work on the Council. However, Members shall be
            allowed travel expenses, including per diem in lieu of
            subsistence, as authorized by law.
                (c) Upon the joint request of the Co-Chairs of the
            Council, the Secretary of Defense shall, to the extent
            permitted by law and subject to the availability of
            appropriations, provide the Council with administrative
            support, assignment or detail of personnel, and
            information as may be necessary for the performance of
            the Council's functions.
                (d) The Council may establish subcommittees of the
            Council. These subcommittees shall consist exclusively
            of Members of the Council and any designated employees
            of a Member with authority to act on the Member's
            behalf, as appropriate to aid the Council in carrying
            out its functions under this order.
                (e) The Council may establish a charter that is
            consistent with the terms of this order to refine
            further its purpose, scope, and objectives and to
            allocate duties, as appropriate, among members.

    Sec. 4. Definitions. As used in this order:
                (a) the term ``State'' has the meaning provided in
            paragraph (15) of section 2 of the Homeland Security
            Act of 2002 (6 U.S.C. 101(15)); and
                (b) the term ``Governor'' has the meaning provided
            in paragraph (5) of section 102 of the Robert T.
            Stafford Disaster Relief and Emergency Assistance Act
            (42 U.S.C. 5122(5)).

    Sec. 5. General Provisions.
                (a) Nothing in this order shall be construed to
            impair or otherwise affect:
                        (1) the authority granted by law to a
                    department, agency, or the head thereof; or
                        (2) functions of the Director of the Office
                    of Management and Budget relating to budgetary,
                    administrative, or legislative proposals.
                (b) This order shall be implemented consistent with
            applicable law and subject to the availability of
            appropriations.
                (c) This order is not intended to, and does not,
            create any right or benefit, substantive or procedural,
            enforceable at law or in equity by any party against
            the United States, its departments, agencies, or
            entities, its officers, employees, or agents, or any
            other person.