[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Presidential Documents]
[Pages 10619-10633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5343]



[[Page 10617]]

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Part IV





The President





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Executive Order 13286--Amendment of Executive Orders, and Other 
Actions, in Connection With the Transfer of Certain Functions to the 
Secretary of Homeland Security



Executive Order 13287--Preserve America
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                         Presidential Documents 
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  Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 10619]]

                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

                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

[[Page 10620]]

                    (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

[[Page 10621]]

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.

[[Page 10622]]

  (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

[[Page 10623]]

                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);

[[Page 10624]]

                    (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.''.

[[Page 10625]]

                Sec. 26. Executive Order 12870 of September 30, 1993 
                (``Trade Promotion Coordinating Committee''), is 
                amended by:

                    (a) inserting ``(j) Department of Homeland 
                Security;'' after ``(i) Department of the Interior;'' 
                in section 1; and
                    (b) relettering the subsequent subsections in 
                section 1 appropriately.

                Sec. 27. Executive Order 12835 of January 25, 1993 
                (``Establishment of the National Economic Council''), 
                is amended by:

                    (a) inserting ``(k) Secretary of Homeland 
                Security;'' after ``(j) Secretary of Energy;'' in 
                section 2; and
                    (b) relettering the subsequent subsections in 
                section 2 appropriately.

                Sec. 28. Executive Order 12830 of January 9, 1993 
                (``Establishing the Military Outstanding Volunteer 
                Service Medal''), is amended by striking ``the 
                Secretary of Transportation'' wherever it appears and 
                inserting ``the Secretary of Homeland Security'' in 
                lieu thereof.

                Sec. 29. Executive Order 12824 of December 7, 1992 
                (``Establishing the Transportation Distinguished 
                Service Medal''), is amended by:

                    (a) striking ``Transportation'' in the title and 
                inserting ``Homeland Security'' in lieu thereof; and
                    (b) striking ``Transportation'' wherever it appears 
                and inserting ``Homeland Security'' in lieu thereof.

                Sec. 30. Executive Order 12807 of May 24, 1992 
                (``Interdiction of Illegal Aliens''), is amended by 
                striking ``the Attorney General'' in section 2(c)(3) 
                and inserting ``the Secretary of Homeland Security'' in 
                lieu thereof.

                Sec. 31. Executive Order 12793 of March 20, 1992 
                (``Continuing the Presidential Service Certificate and 
                Presidential Service Badge''), is amended by striking 
                ``the Secretary of Transportation'' in section 1 and 
                inserting ``the Secretary of Homeland Security'' in 
                lieu thereof.

                Sec. 32. Executive Order 12789 of February 10, 1992 
                (``Delegation of Reporting Functions Under the 
                Immigration Reform and Control Act of 1986''), is 
                amended by striking ``The Attorney General'' in section 
                1 and inserting ``The Secretary of Homeland Security'' 
                in lieu thereof.

                Sec. 33. Executive Order 12788 of January 15, 1992 
                (``Defense Economic Adjustment Program''), is amended 
                by:

                    (a) inserting ``(15) Secretary of Homeland 
                Security;'' after ``(14) Secretary of Veterans 
                Affairs;'' in section 4(a); and
                    (b) renumbering the subsequent subsections in 
                section 4(a) appropriately.

                Sec. 34. Executive Order 12777 of October 18, 1991 
                (``Implementation of Section 311 of the Federal Water 
                Pollution Control Act of October 18, 1972, as Amended, 
                and the Oil Pollution Act of 1990''), is amended by:

                    (a) inserting ``and the Secretary of the Department 
                in which the Coast Guard is operating'' after ``the 
                Secretary of Transportation'' in sections 2(b)(2) and 
                2(d)(2);
                    (b) striking ``the Secretary of Transportation'' in 
                section 2(e)(2) and wherever it appears in sections 5 
                and 8 and inserting ``the Secretary of the Department 
                in which the Coast Guard is operating'' in lieu 
                thereof; and
                    (c) inserting ``the Secretary of the Department in 
                which the Coast Guard is operating,'' after 
                ``Agriculture,'' in section 10(c).

                Sec. 35. Executive Order 12743 of January 18, 1991 
                (``Ordering the Ready Reserve of the Armed Forces to 
                Active Duty''), is amended by:

                    (a) striking ``the Department of Transportation'' 
                in section 1 and inserting ``the Department of Homeland 
                Security'' in lieu thereof; and
                    (b) striking ``the Secretary of Transportation'' in 
                section 1 and inserting ``the Secretary of Homeland 
                Security'' in lieu thereof.

                Sec. 36. Executive Order 12742 of January 8, 1991 
                (``National Security Industrial Responsiveness''), is 
                amended by:

[[Page 10626]]

                    (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);

[[Page 10627]]

                    (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

[[Page 10628]]

                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

[[Page 10629]]

                    (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,

[[Page 10630]]

                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, (i) the 
                Secretary of Homeland Security has advised whether the 
                use of the authority provided under subtitle G of title 
                VIII

[[Page 10631]]

                of the Homeland Security Act of 2002 would be 
                appropriate, and (ii) the Director of the Office and 
                Management and Budget has approved the exercise of 
                authority under this order.''.

                Sec. 74. Executive Order 10694 of January 10, 1957 
                (``Authorizing the Secretaries of the Army, Navy, and 
                Air Force to Issue Citations in the Name of the 
                President of the United States to Military and Naval 
                Units for Outstanding Performance in Action''), is 
                amended by adding at the end thereof the following new 
                section: ``5. The Secretary of the Department in which 
                the Coast Guard is operating may exercise the same 
                authority with respect to the Coast Guard under this 
                order as the Secretary of the Navy may exercise with 
                respect to the Navy and the Marine Corps under this 
                order.''.

                Sec. 75. Executive Order 10637 of September 16, 1955 
                (``Delegating to the Secretary of the Treasury Certain 
                Functions of the President Relating to the United 
                States Coast Guard''), is amended by:

                    (a) striking ``The Secretary of the Treasury'' in 
                sections 1 and 2 and inserting ``The Secretary of 
                Homeland Security'' in lieu thereof;
                    (b) striking ``the Secretary of the Treasury'' in 
                the title and in subsections 1(j), 1(k), and 5, and 
                inserting ``the Secretary of Homeland Security'' in 
                lieu thereof; and
                    (c) striking subsection 1(r) and redesignating 
                subsection 1(s) as subsection 1(r).

                Sec. 76. Executive Order 10631 of August 17, 1955 
                (``Code of Conduct for Members of the Armed Forces of 
                the United States''), as amended, is further amended 
                by: striking ``the Secretary of Transportation'' and 
                inserting ``the Secretary of Homeland Security'' in 
                lieu thereof.

                Sec. 77. Executive Order 10554 of August 18, 1954 
                (``Delegating the Authority of the President to 
                Prescribe Regulations Authorizing Occasions Upon Which 
                the Uniform May Be Worn by Persons Who Have Served 
                Honorably in the Armed Forces in Time of War''), is 
                amended by striking ``the Secretary of the Treasury'' 
                and inserting ``the Secretary of Homeland Security'' in 
                lieu thereof.

                Sec. 78. Executive Order 10499 of November 4, 1953 
                (``Delegating Functions Conferred Upon the President by 
                Section 8 of the Uniformed Services Contingency Option 
                Act of 1953''), as amended, is further amended by 
                striking ``the Treasury'' in sections 1 and 2 and 
                inserting ``Homeland Security'' in lieu thereof.

                Sec. 79. Executive Order 10448 of April 22, 1953 
                (``Authorizing the National Defense Medal''), as 
                amended, is further amended by striking ``the Secretary 
                of Transportation'' in sections 1 and 2 and inserting 
                ``the Secretary of Homeland Security'' in lieu thereof.

                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.

[[Page 10632]]

                Sec. 84. Executive Order 4601 of March 1, 1927 
                (``Distinguished Flying Cross''), as amended, is 
                further amended by:

                    (a) striking ``The Secretary of War, the Secretary 
                of the Navy,'' in sections 2 and 12 and inserting ``The 
                Secretary of Defense'' in lieu thereof; and
                    (b) striking ``the Secretary of the Treasury'' in 
                sections 2 and 12 and inserting ``the Secretary of 
                Homeland Security'' in lieu thereof.

                Sec. 85. Designation as a Defense Agency of the United 
                States.

                    I hereby designate the Department of Homeland 
                Security as a defense agency of the United States for 
                the purposes of chapter 17 of title 35 of the United 
                States Code.

                Sec. 86. Exception from the Provisions of the 
                Government Employees Training Act.

                    Those elements of the Department of Homeland 
                Security that are supervised by the Under Secretary of 
                Homeland Security for Information Analysis and 
                Infrastructure Protection through the Department's 
                Assistant Secretary for Information Analysis are, 
                pursuant to section 4102(b)(1) of title 5, United 
                States Code, and in the public interest, excepted from 
                the following provisions of the Government Employees 
                Training Act as codified in title 5: sections 
                4103(a)(1), 4108, 4115, 4117, and 4118, and that part 
                of 4109(a) that provides ``under the regulations 
                prescribed under section 4118(a)(8) of this title 
                and''.

                Sec. 87. Functions of Certain Officials in the Coast 
                Guard.

                    The Commandant and the Assistant Commandant for 
                Intelligence of the Coast Guard each shall be 
                considered a ``Senior Official of the Intelligence 
                Community'' for purposes of Executive Order 12333 of 
                December 4, 1981, and all other relevant authorities.

                Sec. 88. Order of Succession.

                    Subject to the provisions of subsection (b) of this 
                section, the officers named in subsection (a) of this 
                section, in the order listed, shall act as, and perform 
                the functions and duties of, the office of Secretary of 
                Homeland Security (``Secretary'') during any period in 
                which the Secretary has died, resigned, or otherwise 
                become unable to perform the functions and duties of 
                the office of Secretary.
                    (a) Order of Succession.

  (i) Deputy Secretary of Homeland Security;

  (ii) Under Secretary for Border and Transportation Security;

  (iii) Under Secretary for Emergency Preparedness and Response;

  (iv) Under Secretary for Information Analysis and Infrastructure 
Protection;

  (v) Under Secretary for Management;

  (vi) Under Secretary for Science and Technology;

  (vii) General Counsel; and

  (viii) Assistant Secretaries in the Department in the order of their date 
of appointment as such.

                    (b) Exceptions.

  (i) No individual who is serving in an office listed in subsection (a) in 
an acting capacity shall act as Secretary pursuant to this section.

  (ii) Notwithstanding the provisions of this section, the President 
retains discretion, to the extent permitted by the Federal Vacancies Reform 
Act of 1998, 5 U.S.C. 3345 et seq., to depart from this order in 
designating an acting Secretary.

                Sec. 89. Savings Provision.

                Except as otherwise specifically provided above or in 
                Executive Order 13284 of January 23, 2003 (``Amendment 
                of Executive Orders, and Other Actions, in Connection 
                With the Establishment of the Department of Homeland 
                Security''), references in any prior Executive Order 
                relating to an agency or

[[Page 10633]]

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     February 28, 2003.

[FR Doc. 03-5343
Filed 3-4-03; 8:45 am]
Billing code 3195-01-P