[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



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    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

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Signed:                              OJanuary 11, 2010
Federal Register page and date:      75 FR 2053, January 14, 2010



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    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.
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