[Federal Register Volume 68, Number 18 (Tuesday, January 28, 2003)]
[Presidential Documents]
[Pages 4075-4078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2069]


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                         Presidential Documents 
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  Federal Register / Vol. 68, No. 18 / Tuesday, January 28, 2003 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 4075]]

                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

                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

[[Page 4076]]

                    (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).

[[Page 4077]]

                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.

[[Page 4078]]

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    January 23, 2003.

[FR Doc. 03-2069
Filed 1-27-03; 8:45 am]
Billing code 3195-01-P