[Weekly Compilation of Presidential Documents Volume 39, Number 4 (Monday, January 27, 2003)]
[Pages 101-103]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13284--Amendment of Executive Orders, and Other Actions, 
in Connection With the Establishment of the Department of Homeland 
Security

January 23, 2003

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Homeland 
Security Act of 2002 (Public Law 107-296), and the National Security Act 
of 1947, as amended (50 U.S.C. 401 et seq.), and in order to reflect 
responsibilities vested in the Secretary of Homeland Security and take 
other actions in connection with the establishment of the Department of 
Homeland Security, it is hereby ordered as follows:
    Section 1. Executive Order 13234 of November 9, 2001 (``Presidential 
Task Force on Citizen Preparedness in the War on Terrorism''), is 
amended by inserting ``the Department of Homeland Security,'' after 
``the Office of Management and Budget,'' in section 2(a).
    Sec. 2. Executive Order 13231 of October 16, 2001 (``Critical 
Infrastructure Protection in the Information Age''), is amended by:
    (a) inserting ``(i) Secretary of Homeland Security;'' after ``or 
their designees:'' in section 6(a); and
    (b) renumbering the subsequent subsections in section 6(a) 
appropriately.
    Sec. 3. Executive Order 13228 of October 8, 2001 (``Establishing the 
Office of Homeland Security and the Homeland Security Council''), is 
amended by inserting ``the Secretary of Homeland Security,'' after ``the 
Secretary of Transportation,'' in section 5(b). Further, during the 
period from January 24, 2003, until March 1, 2003, the Secretary of 
Homeland Security shall have the responsibility for coordinating the 
domestic response efforts otherwise assigned to the Assistant to the 
President for Homeland Security pursuant to section 3(g) of Executive 
Order 13228.
    Sec. 4. Executive Order 13224 of September 23, 2001 (``Blocking 
Property and Prohibiting Transactions with Persons Who Commit, Threaten 
to Commit, or Support Terrorism''), as amended, is further amended by:
    (a) inserting ``, the Secretary of Homeland Security,'' after ``the 
Secretary of the Treasury'' in sections 1(b) and 1(d) (the first time it 
appears); and
    (b) inserting ``, the Secretary of Homeland Security,'' after ``the 
Secretary of State'' in sections 1(c) and 1(d) (the second time it 
appears), 5 (wherever it appears), and 7.
    Sec. 5. Executive Order 13151 of April 27, 2000 (``Global Disaster 
Information Network''), is amended by:
    (a) inserting ``(8) Department of Homeland Security;'' after ``(7) 
Department of Energy;'' in section 2(a); and
    (b) renumbering the subsequent subsections in section 2(a) 
appropriately.
    Sec. 6. Executive Order 13122 of May 25, 1999 (``Interagency Task 
Force on the Economic Development of the Southwest Border''), is amended 
by inserting ``Secretary of Homeland Security,'' after ``Secretary of 
the Treasury,'' in section 1(b).
    Sec. 7. Executive Order 13048 of June 10, 1997 (``Improving 
Administrative Management in the Executive Branch''), is amended by:
    (a) inserting ``15. Department of Homeland Security;'' after ``14. 
Department of Veterans Affairs;'' in section 1(a); and
    (b) renumbering all subsequent subsections in section 1(a) 
appropriately.
    Sec. 8. Executive Order 12992 of March 15, 1996 (``President's 
Council on Counter-Narcotics''), as amended, is further amended by:
    (a) inserting ``(n) Secretary of Homeland Security;'' after ``(m) 
Secretary of Veterans Affairs;'' in section 2; and
    (b) relettering all subsequent subsections in section 2 
appropriately.

[[Page 102]]

    Sec. 9. Executive Order 12881 of November 23, 1993 (``Establishment 
of the National Science and Technology Council''), is amended by:
    (a) inserting ``(i) Secretary of Homeland Security;'' after ``(h) 
Secretary of the Interior;'' in section 2; and
    (b) relettering all subsequent subsections in section 2 
appropriately.
    Sec. 10. Executive Order 12859 of August 16, 1993 (``Establishment 
of the Domestic Policy Council''), is amended by:
    (a) inserting ``(o) Secretary of Homeland Security;'' after ``(n) 
Secretary of the Treasury;'' in section 2; and
    (b) relettering all subsequent subsections in section 2 
appropriately.
    Sec. 11. Executive Order 12590 of March 26, 1987 (``National Drug 
Policy Board''), is amended by:
    (a) inserting ``(13) the Secretary of Homeland Security;'' after 
``(12) the Secretary of Education;'' in section 1(b); and
    (b) renumbering all subsequent subsections in section 1(b) 
appropriately.
    Sec. 12. Executive Order 12260 of December 31, 1980 (``Agreement on 
Government Procurement''), as amended, is further amended by:
    (a) inserting ``14. Department of Homeland Security'' after ``13. 
Department of Health and Human Services'' in the Annex; and
    (b) renumbering all subsequent subsections in the Annex 
appropriately.
    Sec. 13. Executive Order 11958 of January 18, 1977 (``Administration 
of Arms Export Controls''), as amended, is further amended by:
    (a) striking ``Secretary of the Treasury'' wherever it appears in 
section 1(l)(2) and inserting ``Attorney General'' in lieu thereof; and
    (b) inserting ``the Attorney General,'' after ``the Secretary of the 
Treasury,'' in section 2(a).
    Sec. 14. Executive Order 11423 of August 16, 1968 (``Providing for 
the Performance of Certain Functions Heretofore Performed by the 
President with Respect to Certain Facilities Constructed and Maintained 
on the Borders of the United States''), as amended, is further amended 
by inserting ``the Secretary of Homeland Security,'' after ``the 
Secretary of Transportation,'' in section 1(b).
    Sec. 15. Executive Order 10865 of February 20, 1960 (``Safeguarding 
Classified Information Within Industry''), as amended, is further 
amended by inserting ``the Secretary of Homeland Security,'' after ``the 
Secretary of Energy,'' in section 1.
    Sec. 16. Executive Order 13011 of July 16, 1996 (``Federal 
Information Technology''), is amended by:
    (a) inserting ``15. Department of Homeland Security;'' after ``14. 
Department of Veterans Affairs;'' in section 3(b); and
    (b) renumbering all subsequent subsections in section 3(b) 
appropriately.
    Sec. 17. Those elements of the Department of Homeland Security that 
are supervised by the Department's Under Secretary for Information 
Analysis and Infrastructure Protection through the Department's 
Assistant Secretary for Information Analysis, with the exception of 
those functions that involve no analysis of foreign intelligence 
information, are designated as elements of the Intelligence Community 
under section 201(h) of the Homeland Security Act of 2002 and section 
3(4) of the National Security Act of 1947, as amended (50 U.S.C. 401a).
    Sec. 18. Executive Order 12333 of December 4, 1981 (``United States 
Intelligence Activities''), is amended in Part 3.4(f) by:
    (a) striking ``and'' at the end of subpart 3.4(f)(6);
    (b) striking the period and inserting ``; and'' at the end of 
subpart 3.4(f)(7); and
    (c) adding a new subpart 3.4(f)(8) to read as follows: ``(8) Those 
elements of the Department of Homeland Security that are supervised by 
the Department's Under Secretary for Information Analysis and 
Infrastructure Protection through the Department's Assistant Secretary 
for Information Analysis, with the exception of those functions that 
involve no analysis of foreign intelligence information.''
    Sec. 19. Functions of Certain Officials in the Department of 
Homeland Security.
    The Secretary of Homeland Security, the Deputy Secretary of Homeland 
Security, the Under Secretary for Information Analysis and 
Infrastructure Protection, Department

[[Page 103]]

of Homeland Security, and the Assistant Secretary for Information 
Analysis, Department of Homeland Security, each shall be considered a 
``Senior Official of the Intelligence Community'' for purposes of 
Executive Order 12333, and all other relevant authorities, and shall:
    (a) recognize and give effect to all current clearances for access 
to classified information held by those who become employees of the 
Department of Homeland Security by operation of law pursuant to the 
Homeland Security Act of 2002 or by Presidential appointment;
    (b) recognize and give effect to all current clearances for access 
to classified information held by those in the private sector with whom 
employees of the Department of Homeland Security may seek to interact in 
the discharge of their homeland security-related responsibilities;
    (c) make all clearance and access determinations pursuant to 
Executive Order 12968 of August 2, 1995, or any successor Executive 
Order, as to employees of, and applicants for employment in, the 
Department of Homeland Security who do not then hold a current clearance 
for access to classified information; and
    (d) ensure all clearance and access determinations for those in the 
private sector with whom employees of the Department of Homeland 
Security may seek to interact in the discharge of their homeland 
security-related responsibilities are made in accordance with Executive 
Order 12829 of January 6, 1993.
    Sec. 20. Pursuant to the provisions of section 1.4 of Executive 
Order 12958 of April 17, 1995 (``Classified National Security 
Information''), I hereby authorize the Secretary of Homeland Security to 
classify information originally as ``Top Secret.'' Any delegation of 
this authority shall be in accordance with section 1.4 of that order or 
any successor Executive Orders.
    Sec. 21. This order shall become effective on January 24, 2003.
    Sec. 22. This order does not create any right or benefit, 
substantive or procedural, enforceable at law or equity, against the 
United States, its departments, agencies, or other entities, its 
officers or employees, or any other person.
                                                George W. Bush
 The White House,
 January 23, 2003.

 [Filed with the Office of the Federal Register, 8:45 a.m., January 27, 
2003]

Note: This Executive order was released by the Office of the Press 
Secretary on January 24, and it will be published in the Federal 
Register on January 28.