[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Presidential Documents]
[Pages 51812-51817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25677]


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  Federal Register / Vol. 66, No. 196 / Wednesday, October 10, 2001 / 
Presidential Documents  

[[Page 51812]]


                Executive Order 13228 of October 8, 2001

                
Establishing the Office of Homeland Security and 
                the Homeland Security Council

                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

[[Page 51813]]

(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:

[[Page 51814]]

(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. The Assistant to the 
                President for Homeland Security shall be the individual 
                primarily responsible for coordinating the domestic 
                response efforts of all departments and agencies in the 
                event of an imminent terrorist threat and during and in 
                the immediate aftermath of a terrorist attack within 
                the United States and shall be the principal point of 
                contact for and to the President with respect to 
                coordination of such efforts. 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.

[[Page 51815]]

                    (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,

[[Page 51816]]

                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 Counsel 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. 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

[[Page 51817]]

                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.''

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    October 8, 2001.

[FR Doc. 01-25677
Filed 10-9-01; 12:12 pm]
Billing code 3195-01-P