[Weekly Compilation of Presidential Documents Volume 39, Number 10 (Monday, March 10, 2003)]
[Pages 268-280]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13286--Amendment of Executive Orders, and Other Actions, 
in Connection With the Transfer of Certain Functions to the Secretary of 
Homeland Security

February 28, 2003

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Homeland 
Security Act of 2002 (Public Law 107-296) and section 301 of title 3, 
United States Code, and in order to reflect the transfer of certain 
functions to, and other responsibilities vested in, the Secretary of 
Homeland Security, the transfer of certain agencies and agency 
components to the Department of Homeland Security, and the delegation of 
appropriate responsibilities to the Secretary of Homeland Security, it 
is hereby ordered as follows:
    Section 1. Executive Order 13276 of November 15, 2002 (``Delegation 
of Responsibilities Concerning Undocumented Aliens Interdicted or 
Intercepted in the Caribbean Region''), is amended by:
    (a) striking ``The Attorney General'' wherever it appears in section 
1 and inserting ``The Secretary of Homeland Security'' in lieu thereof; 
and
    (b) striking ``the Attorney General'' wherever it appears in section 
1 and inserting ``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 2. Executive Order 13274 of September 18, 2002 (``Environmental 
Stewardship and Transportation Infrastructure Project Reviews''), is 
amended by inserting ``Secretary of Homeland Security,'' after 
``Secretary of Defense,'' in section 3(b).
    Sec. 3. Executive Order 13271 of July 9, 2002 (``Establishment of 
the Corporate Fraud Task Force''), is amended by:
    (a) inserting ``(b) the Secretary of Homeland Security;'' after 
``(a) the Secretary of the Treasury;'' in section 4; and
    (b) relettering the subsequent subsections in section 4 
appropriately.
    Sec. 4. Executive Order 13260 of March 19, 2002 (``Establishing the 
President's Homeland Security Advisory Council and Senior Advisory 
Committees for Homeland Security''), is amended by:
    (a) striking ``the Assistant to the President for Homeland Security 
(Assistant)'' in section 1(c) and inserting ``the Secretary of Homeland 
Security (Secretary)'' in lieu thereof;
    (b) striking ``the Assistant'' wherever it appears in sections 2 and 
3 and inserting ``the Secretary'' in lieu thereof;
    (c) striking ``the Office of Administration'' in section 3(d) and 
inserting ``the Department of Homeland Security'' in lieu thereof;
    (d) striking ``the Administrator of General Services'' in section 
4(a) and inserting ``the Secretary of Homeland Security'' in lieu 
thereof; and
    (e) inserting ``of General Services'' after ``Administrator'' in 
section 4(a).
    Executive Order 13260 of March 19, 2002, is hereby revoked effective 
as of March 31, 2003.
    Sec. 5. Executive Order 13257 of February 13, 2002 (``President's 
Interagency Task Force to Monitor and Combat Trafficking in Persons''), 
is amended by:
    (a) inserting ``(v) the Secretary of Homeland Security;'' after 
``(iv) the Secretary of Health and Human Services;'' in section 1(b); 
and
    (b) renumbering the subsequent subsections in section 1(b) 
appropriately.
    Sec. 6. Executive Order 13254 of January 29, 2002 (``Establishing 
the USA Freedom Corps''), is amended by striking ``Director of the 
Federal Emergency Management Agency;'' in section 3(b)(viii) and 
inserting ``Secretary of Homeland Security;'' in lieu thereof.
    Sec. 7. Executive Order 13231 of October 16, 2001 (``Critical 
Infrastructure Protection in the Information Age''), as amended, is 
further amended to read in its entirety as follows:

``Critical Infrastructure Protection in the Information Age

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to ensure 
protection of information systems for critical infrastructure, including 
emergency preparedness communications and the physical assets that 
support such systems, in the

[[Page 269]]

information age, it is hereby ordered as follows:
    Section 1. Policy. The information technology revolution has changed 
the way business is transacted, government operates, and national 
defense is conducted. Those three functions now depend on an 
interdependent network of critical information infrastructures. It is 
the policy of the United States to protect against disruption of the 
operation of information systems for critical infrastructure and thereby 
help to protect the people, economy, essential human and government 
services, and national security of the United States, and to ensure that 
any disruptions that occur are infrequent, of minimal duration, and 
manageable, and cause the least damage possible. The implementation of 
this policy shall include a voluntary public-private partnership, 
involving corporate and nongovernmental organizations.
    Sec. 2. Continuing Authorities. This order does not alter the 
existing authorities or roles of United States Government departments 
and agencies. Authorities set forth in 44 U.S.C. chapter 35, and other 
applicable law, provide senior officials with responsibility for the 
security of Federal Government information systems.
    (a) Executive Branch Information Systems Security. The Director of 
the Office of Management and Budget (OMB) has the responsibility to 
develop and oversee the implementation of government-wide policies, 
principles, standards, and guidelines for the security of information 
systems that support the executive branch departments and agencies, 
except those noted in section 2(b) of this order. The Director of OMB 
shall advise the President and the appropriate department or agency head 
when there is a critical deficiency in the security practices within the 
purview of this section in an executive branch department or agency.
    (b) National Security Information Systems. The Secretary of Defense 
and the Director of Central Intelligence (DCI) shall have responsibility 
to oversee, develop, and ensure implementation of policies, principles, 
standards, and guidelines for the security of information systems that 
support the operations under their respective control. In consultation 
with the Assistant to the President for National Security Affairs and 
the affected departments and agencies, the Secretary of Defense and the 
DCI shall develop policies, principles, standards, and guidelines for 
the security of national security information systems that support the 
operations of other executive branch departments and agencies with 
national security information.
    (i) Policies, principles, standards, and guidelines developed under 
this subsection may require more stringent protection than those 
developed in accordance with section 2(a) of this order.
    (ii) The Assistant to the President for National Security Affairs 
shall advise the President and the appropriate department or agency when 
there is a critical deficiency in the security practices of a department 
or agency within the purview of this section.
    (iii) National Security Systems. The National Security 
Telecommunications and Information Systems Security Committee, as 
established by and consistent with NSD-42 and chaired by the Department 
of Defense, shall be designated as the ``Committee on National Security 
Systems.''
    (c) Additional Responsibilities. The heads of executive branch 
departments and agencies are responsible and accountable for providing 
and maintaining adequate levels of security for information systems, 
including emergency preparedness communications systems, for programs 
under their control. Heads of such departments and agencies shall ensure 
the development and, within available appropriations, funding of 
programs that adequately address these mission systems, especially those 
critical systems that support the national security and other essential 
government programs. Additionally, security should enable, and not 
unnecessarily impede, department and agency business operations.
    Sec. 3. The National Infrastructure Advisory Council.  The National 
Infrastructure Advisory Council (NIAC), established on October 16, 2001, 
shall provide the President through the Secretary of Homeland Security 
with advice on the security of information systems for critical 
infrastructure supporting other sectors of the economy: banking and 
finance, transportation, energy, manufacturing, and emergency government 
services.

[[Page 270]]

    (a) Membership. The NIAC shall be composed of not more than 30 
members appointed by the President. The members of the NIAC shall be 
selected from the private sector, academia, and State and local 
government. Members of the NIAC shall have expertise relevant to the 
functions of the NIAC and generally shall be selected from industry 
Chief Executive Officers (and equivalently ranked leaders of other 
organizations) with responsibilities for security of information 
infrastructure supporting the critical sectors of the economy, including 
banking and finance, transportation, energy, communications, and 
emergency government services. Members shall not be full-time officials 
or employees of the executive branch of the Federal Government. The 
President shall designate a Chair and Vice Chair from among the members 
of the NIAC.
    (b) Functions of the NIAC. The NIAC will meet periodically to:
      (i) enhance the partnership of the public and private sectors in 
      protecting information systems for critical infrastructures and 
      provide reports on this issue to the Secretary of Homeland 
      Security, as appropriate;
      (ii) propose and develop ways to encourage private industry to 
      perform periodic risk assessments of critical information and 
      telecommunications systems;
      (iii) monitor the development of private sector Information 
      Sharing and Analysis Centers (ISACs) and provide recommendations 
      to the President through the Secretary of Homeland Security on how 
      these organizations can best foster improved cooperation among the 
      ISACs, the Department of Homeland Security, and other Federal 
      Government entities;
      (iv) report to the President through the Secretary of Homeland 
      Security, who shall ensure appropriate coordination with the 
      Assistant to the President for Homeland Security, the Assistant to 
      the President for Economic Policy, and the Assistant to the 
      President for National Security Affairs under the terms of this 
      order; and
      (v) advise lead agencies with critical infrastructure 
      responsibilities, sector coordinators, the Department of Homeland 
      Security, and the ISACs.
    (c) Administration of the NIAC.
      (i) The NIAC may hold hearings, conduct inquiries, and establish 
      subcommittees, as appropriate.
      (ii) Upon request of the Chair, and to the extent permitted by 
      law, the heads of the executive departments and agencies shall 
      provide the NIAC with information and advice relating to its 
      functions.
      (iii) Senior Federal Government officials may participate in the 
      meetings of the NIAC, as appropriate.
      (iv) Members shall serve without compensation for their work on 
      the NIAC. However, members may be reimbursed for travel expenses, 
      including per diem in lieu of subsistence, as authorized by law 
      for persons serving intermittently in Federal Government service 
      (5 U.S.C. 5701-5707).
      (v) To the extent permitted by law and subject to the availability 
      of appropriations, the Department of Homeland Security shall 
      provide the NIAC with administrative services, staff, and other 
      support services, and such funds as may be necessary for the 
      performance of the NIAC's functions.
    (d) General Provisions.
      (i) Insofar as the Federal Advisory Committee Act, as amended (5 
      U.S.C. App.) (Act), may apply to the NIAC, the functions of the 
      President under that Act, except that of reporting to the 
      Congress, shall be performed by the Department of Homeland 
      Security in accordance with the guidelines and procedures 
      established by the Administrator of General Services.
      (ii) The NIAC shall terminate on October 15, 2003, unless extended 
      by the President.
      (iii) Executive Order 13130 of July 14, 1999, was revoked on 
      October 16, 2001.
      (iv) Nothing in this order shall supersede any requirement made by 
      or under law.
    Sec. 4. Judicial Review.  This order does not create any right or 
benefit, substantive

[[Page 271]]

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.''

    Sec. 8. Executive Order 13228 of October 8, 2001 (``Establishing the 
Office of Homeland Security and the Homeland Security Council''), as 
amended, is further amended by:
    (a) amending section 3(g) to read ``(g) Incident Management. 
Consistent with applicable law, including the statutory functions of the 
Secretary of Homeland Security, the Assistant to the President for 
Homeland Security shall be the official primarily responsible for 
advising and assisting the President in the coordination of domestic 
incident management activities of all departments and agencies in the 
event of a terrorist threat, and during and in the aftermath of 
terrorist attacks, major disasters, or other emergencies, within the 
United States. Generally, the Assistant to the President for Homeland 
Security shall serve as the principal point of contact for and to the 
President with respect to the coordination of such activities. The 
Assistant to the President for Homeland Security shall coordinate with 
the Assistant to the President for National Security Affairs, as 
appropriate.''; and
    (b) inserting ``, including the Department of Homeland Security'' 
after ``Government departments and agencies'' in section 7.
    Sec. 9. Executive Order 13223 of September 14, 2001 (``Ordering the 
Ready Reserve of the Armed Forces to Active Duty and Delegating Certain 
Authorities to the Secretary of Defense and the Secretary of 
Transportation''), as amended, is further amended by:
    (a) striking ``the Secretary of Transportation'' in the title and 
wherever it appears in sections 1, 5, 6, and 7, and inserting ``the 
Secretary of Homeland Security'' in lieu thereof; and
    (b) striking ``the Department of Transportation'' in section 7 and 
inserting ``the Department of Homeland Security'' in lieu thereof.
    Sec. 10. Executive Order 13212 of May 18, 2001 (``Actions to 
Expedite Energy-Related Projects''), is amended by inserting ``Homeland 
Security,'' after ``Veterans Affairs,'' in section 3.
    Sec. 11. Executive Order 13165 of August 9, 2000 (``Creation of the 
White House Task Force on Drug Use in Sports and Authorization for the 
Director of the Office of National Drug Control Policy to Serve as the 
United States Government's Representative on the Board of the World 
Anti-Doping Agency''), is amended by inserting ``the Department of 
Homeland Security,'' after ``the Department of Transportation,'' in 
section 2.
    Sec. 12. Executive Order 13154 of May 3, 2000 (``Establishing the 
Kosovo Campaign Medal''), is amended by striking ``the Secretary of 
Transportation'' in section 1 and inserting ``the Secretary of Homeland 
Security'' in lieu thereof.
    Sec. 13. Executive Order 13133 of August 5, 1999 (``Working Group on 
Unlawful Conduct on the Internet''), is amended by:
    (a) inserting ``(6) The Secretary of Homeland Security.'' after 
``(5) The Secretary of Education.'' in section 3(a); and
    (b) renumbering the subsequent subsections in section 3(a) 
appropriately.
    Sec. 14. Executive Order 13120 of April 27, 1999 (``Ordering the 
Selected Reserve and Certain Individual Ready Reserve Members of the 
Armed Forces to Active Duty''), is amended by striking ``the Secretary 
of Transportation'' and inserting ``the Secretary of Homeland Security'' 
in lieu thereof.
    Sec. 15. Executive Order 13112 of February 3, 1999 (``Invasive 
Species''), is amended by inserting ``the Secretary of Homeland 
Security,'' after ``Secretary of Transportation,'' in section 3(a).
    Sec. 16. Executive Order 13100 of August 25, 1998 (``President's 
Council on Food Safety''), is amended by inserting ``and Homeland 
Security,'' after ``Health and Human Services,'' in section 1(a).
    Sec. 17. Executive Order 13076 of February 24, 1998 (``Ordering the 
Selected Reserve of the Armed Forces to Active Duty''), is amended by 
striking ``the Secretary of Transportation'' and inserting ``the 
Secretary of Homeland Security'' in lieu thereof.
    Sec. 18. Executive Order 13011 of July 16, 1996 (``Federal 
Information Technology''), as amended, is further amended by:

[[Page 272]]

    (a) striking ``17. Federal Emergency Management Agency;'' in section 
3(b); and
    (b) renumbering the subsequent subsections in section 3(b) 
appropriately.
    Sec. 19. Executive Order 12989 of February 13, 1996 (``Economy and 
Efficiency in Government Procurement through Compliance with Certain 
Immigration and Naturalization Act Provisions''), is amended by:
    (a) striking ``Naturalization'' in the title and inserting 
``Nationality'' in lieu thereof;
    (b) striking ``, the Attorney General'' in section 3;
    (c) inserting ``the Secretary of Homeland Security'' before ``may'' 
in section 3(a);
    (d) inserting ``the Secretary of Homeland Security'' before 
``shall'' in section 3(b);
    (e) inserting ``the Attorney General'' before ``shall'' in section 
3(c);
    (f) inserting ``Secretary of Homeland Security or the'' before 
``Attorney General'' wherever it appears in section 4;
    (g) striking ``The Attorney General's'' in section 4(b) and 
inserting ``Such'' in lieu thereof;
    (h) striking ``the Attorney General'' wherever it appears in the 
first two sentences of section 5(a) and inserting ``the Secretary of 
Homeland Security and Attorney General'' in lieu thereof;
    (i) striking ``the responsibilities of the Attorney General'' in 
section 5(a) and inserting ``their respective responsibilities'' in lieu 
thereof;
    (j) inserting ``Secretary of Homeland Security or the'' before 
``Attorney General'' wherever in appears in the third sentence of 
section 5(a);
    (k) inserting ``Secretary of Homeland Security and the'' before 
``Attorney General'' in section 6;
    (l) striking ``the Attorney General's'' in section 6 and inserting 
``their respective'' in lieu thereof; and
    (m) inserting ``Secretary of Homeland Security, the'' before 
``Attorney General'' in section 7.
    Sec. 20. Executive Order 12985 of January 11, 1996 (``Establishing 
the Armed Forces Service Medal''), is amended by striking ``the 
Secretary of Transportation'' in section 2 and inserting ``the Secretary 
of Homeland Security'' in lieu thereof.
    Sec. 21. Executive Order 12982 of December 8, 1995 (``Ordering the 
Selected Reserve of the Armed Forces to Active Duty''), is amended by 
striking ``the Secretary of Transportation'' and inserting ``the 
Secretary of Homeland Security'' in lieu thereof.
    Sec. 22. Executive Order 12978 of October 21, 1995 (``Blocking 
Assets and Prohibiting Transactions with Significant Narcotics 
Traffickers''), is amended by inserting ``, the Secretary of Homeland 
Security,'' after ``the Attorney General'' wherever it appears in 
sections 1 and 4.
    Sec. 23. Executive Order 12977 of October 19, 1995 (``Interagency 
Security Committee''), is amended by:
    (a) striking ``the Administrator of General Services 
(``Administrator'')'' in section 1(a) and inserting ``the Secretary of 
Homeland Security (``Secretary'')'' in lieu thereof;
    (b) striking ``and'' after ``(16) Central Intelligence Agency;'' in 
section 1(b);
    (c) inserting ``and (18) General Services Administration;'' after 
``(17) Office of Management and Budget;'' in section 1(b);
    (d) striking section 1(c)(2) and redesignating sections 1(c)(3) and 
1(c)(4) as sections 1(c)(2) and 1(c)(3), respectively;
    (e) striking ``Administrator'' wherever it appears in sections 2, 
5(a)(3)(E), 6(a), and 6(c), and inserting ``Secretary'' in lieu thereof; 
and
    (f) striking ``, acting by and through the Assistant Commissioner,'' 
in section 6(c).
    Sec. 24. Executive Order 12919 of June 3, 1994 (``National Defense 
Industrial Resources Preparedness''), is amended by:
    (a) striking ``The Director, Federal Emergency Management Agency 
(``Director, FEMA'')'' in section 104(b) and inserting ``The Secretary 
of Homeland Security (``the Secretary'')'' in lieu thereof;
    (b) striking ``The Director, FEMA,'' in sections 201(c) and 601(f) 
and inserting ``The Secretary'' in lieu thereof;
    (c) striking ``the Director, FEMA,'' wherever it appears in sections 
201(e), 202(c), 305, 501, 701(e), and 802(e), and inserting ``the 
Secretary'' in lieu thereof; and
    (d) inserting ``the Department of Homeland Security,'' after 
``Attorney General,'' in section 801.

[[Page 273]]

    Sec. 25. Executive Order 12906 of April 11, 1994 (``Coordinating 
Geographic Data Acquisition and Access: The National Spatial Data 
Infrastructure''), is amended by:
    (a) striking ``and'' in section 7(b)(ii);
    (b) striking the period at the end of section 7(b)(iii) and 
inserting ``; and'' in lieu thereof; and
    (c) inserting a new section 7(b)(iv) to read ``(iv) the national 
security-related activities of the Department of Homeland Security as 
determined by the Secretary of Homeland Security.''.
    Sec. 26. Executive Order 12870 of September 30, 1993 (``Trade 
Promotion Coordinating Committee''), is amended by:
    (a) inserting ``(j) Department of Homeland Security;'' after ``(i) 
Department of the Interior;'' in section 1; and
    (b) relettering the subsequent subsections in section 1 
appropriately.
    Sec. 27. Executive Order 12835 of January 25, 1993 (``Establishment 
of the National Economic Council''), is amended by:
    (a) inserting ``(k) Secretary of Homeland Security;'' after ``(j) 
Secretary of Energy;'' in section 2; and
    (b) relettering the subsequent subsections in section 2 
appropriately.
    Sec. 28. Executive Order 12830 of January 9, 1993 (``Establishing 
the Military Outstanding Volunteer Service Medal''), is amended by 
striking ``the Secretary of Transportation'' wherever it appears and 
inserting ``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 29. Executive Order 12824 of December 7, 1992 (``Establishing 
the Transportation Distinguished Service Medal''), is amended by:
    (a) striking ``Transportation'' in the title and inserting 
``Homeland Security'' in lieu thereof; and
    (b) striking ``Transportation'' wherever it appears and inserting 
``Homeland Security'' in lieu thereof.
    Sec. 30. Executive Order 12807 of May 24, 1992 (``Interdiction of 
Illegal Aliens''), is amended by striking ``the Attorney General'' in 
section 2(c)(3) and inserting ``the Secretary of Homeland Security'' in 
lieu thereof.
    Sec. 31. Executive Order 12793 of March 20, 1992 (``Continuing the 
Presidential Service Certificate and Presidential Service Badge''), is 
amended by striking ``the Secretary of Transportation'' in section 1 and 
inserting ``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 32. Executive Order 12789 of February 10, 1992 (``Delegation of 
Reporting Functions Under the Immigration Reform and Control Act of 
1986''), is amended by striking ``The Attorney General'' in section 1 
and inserting ``The Secretary of Homeland Security'' in lieu thereof.
    Sec. 33. Executive Order 12788 of January 15, 1992 (``Defense 
Economic Adjustment Program''), is amended by:
    (a) inserting ``(15) Secretary of Homeland Security;'' after ``(14) 
Secretary of Veterans Affairs;'' in section 4(a); and
    (b) renumbering the subsequent subsections in section 4(a) 
appropriately.
    Sec. 34. Executive Order 12777 of October 18, 1991 (``Implementation 
of Section 311 of the Federal Water Pollution Control Act of October 18, 
1972, as Amended, and the Oil Pollution Act of 1990''), is amended by:
    (a) inserting ``and the Secretary of the Department in which the 
Coast Guard is operating'' after ``the Secretary of Transportation'' in 
sections 2(b)(2) and 2(d)(2);
    (b) striking ``the Secretary of Transportation'' in section 2(e)(2) 
and wherever it appears in sections 5 and 8 and inserting ``the 
Secretary of the Department in which the Coast Guard is operating'' in 
lieu thereof; and
    (c) inserting ``the Secretary of the Department in which the Coast 
Guard is operating,'' after ``Agriculture,'' in section 10(c).
    Sec. 35. Executive Order 12743 of January 18, 1991 (``Ordering the 
Ready Reserve of the Armed Forces to Active Duty''), is amended by:
    (a) striking ``the Department of Transportation'' in section 1 and 
inserting ``the Department of Homeland Security'' in lieu thereof; and
    (b) striking ``the Secretary of Transportation'' in section 1 and 
inserting ``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 36. Executive Order 12742 of January 8, 1991 (``National 
Security Industrial Responsiveness''), is amended by:

[[Page 274]]

    (a) inserting ``Homeland Security,'' after ``Transportation,'' in 
section 104(a); and
    (b) striking ``the Director of the Federal Emergency Management 
Agency'' in section 104(d) and inserting ``the Secretary of Homeland 
Security'' in lieu thereof.
    Sec. 37. Executive Order 12733 of November 13, 1990 (``Authorizing 
the Extension of the Period of Active Duty of Personnel of the Selected 
Reserve of the Armed Forces''), is amended by striking ``the Secretary 
of Transportation'' and inserting ``the Secretary of Homeland Security'' 
in lieu thereof.
    Sec. 38. Executive Order 12728 of August 22, 1990 (``Delegating the 
President's Authority to Suspend any Provision of Law Relating to the 
Promotion, Retirement, or Separation of Members of the Armed Forces''), 
is amended by striking ``the Secretary of Transportation'' in sections 1 
and 2 and inserting ``the Secretary of Homeland Security'' in lieu 
thereof.
    Sec. 39. Executive Order 12727 of August 27, 1990 (``Ordering the 
Selected Reserve of the Armed Forces to Active Duty''), is amended by 
striking ``the Secretary of Transportation'' in section 1 and inserting 
``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 40. Executive Order 12699 (``Seismic Safety of Federal and 
Federally Assisted or Regulated New Building Construction''), is amended 
by:
    (a) striking ``Federal Emergency Management Agency (FEMA)'' in 
section 3(d) and inserting ``Department of Homeland Security'' in lieu 
thereof;
    (b) striking ``The Director of the Federal Emergency Management 
Agency'' in section 4(a) and inserting ``The Secretary of Homeland 
Security'' in lieu thereof; and
    (c) striking ``The Federal Emergency Management Agency'' and ``The 
FEMA'' in section 5 and inserting ``The Department of Homeland 
Security'' in lieu thereof (in both places).
    Sec. 41. Executive Order 12657 of November 18, 1988 (``Federal 
Emergency Management Agency Assistance in Emergency Preparedness 
Planning at Commercial Nuclear Power Plants''), is amended by:
    (a) striking ``Federal Emergency Management Agency'' in the title 
and inserting ``Department of Homeland Security'' in lieu thereof;
    (b) striking ``Federal Emergency Management Agency (``FEMA'')'' in 
section 1(b) and inserting ``Department of Homeland Security (``DHS'')'' 
in lieu thereof;
    (c) striking ``FEMA'' wherever it appears in sections 1(b), 2(b), 
2(c), 3, 4, 5, and 6, and inserting ``DHS'' in lieu thereof; and
    (d) striking ``the Director of FEMA'' in section 2(a) and inserting 
``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 42. Executive Order 12656 of November 18, 1988 (``Assignment of 
Emergency Preparedness Responsibilities''), as amended, is further 
amended by:
    (a) striking ``The Director of the Federal Emergency Management 
Agency'' wherever it appears in sections 104(c) and 1702 and inserting 
``The Secretary of Homeland Security'' in lieu thereof;
    (b) striking ``the Director of the Federal Emergency Management 
Agency'' wherever it appears in sections 104(c), 201(15), 301(9), 
401(10), 501(4), 501(7), 502(7), 601(3), 701(5), 801(9), 1302(4), 
1401(4), 1701, and 1801(b), and inserting ``the Secretary of Homeland 
Security'' in lieu thereof;
    (c) striking ``consistent with current National Security Council 
guidelines and policies'' in section 201(15) and inserting ``consistent 
with current Presidential guidelines and policies'' in lieu thereof;
    (d) striking ``Secretary'' in section 501(9) and inserting 
``Secretaries'' in lieu thereof;
    (e) inserting ``and Homeland Security'' after ``Labor'' in section 
501(9);
    (f) striking ``and'' after ``State'' in section 701(6) and inserting 
a comma in lieu thereof;
    (g) inserting ``, and Homeland Security'' after ``Defense'' in 
section 701(6);
    (h) striking ``the Director of the Federal Emergency Management 
Agency,'' in section 701(6); and
    (i) striking ``Federal Emergency Management Agency'' in the title of 
Part 17 and inserting ``Department of Homeland Security'' in lieu 
thereof.
    Without prejudice to subsections (a) through (i) of this section, 
all responsibilities assigned to specific Federal officials pursuant

[[Page 275]]

to Executive Order 12656 that are substantially the same as any 
responsibility assigned to, or function transferred to, the Secretary of 
Homeland Security pursuant to the Homeland Security Act of 2002 
(regardless of whether such responsibility or function is expressly 
required to be carried out through another official of the Department of 
Homeland Security or not pursuant to such Act), or intended or required 
to be carried out by an agency or an agency component transferred to the 
Department of Homeland Security pursuant to such Act, are hereby 
reassigned to the Secretary of Homeland Security.
    Sec. 43. Executive Order 12580 of January 23, 1987 (``Superfund 
Implementation''), as amended, is further amended by:
    (a) inserting ``Department of Homeland Security,'' after Department 
of Energy,'' in section 1(a)(2); and
    (b) striking ``Federal Emergency Management Agency'' in section 
1(a)(2).
    Sec. 44. Executive Order 12555 of November 15, 1985 (``Protection of 
Cultural Property''), as amended, is further amended by:
    (a) striking ``the Secretary of the Treasury'' in sections 1, 2, and 
3, and inserting ``the Secretary of Homeland Security'' in lieu thereof; 
and
    (b) striking ``The Department of the Treasury'' in the heading of 
section 3 and inserting ``The Department of Homeland Security'' in lieu 
thereof.
    Sec. 45. Executive Order 12501 of January 28, 1985 (``Arctic 
Research''), is amended by:
    (a) inserting ``(i) Department of Homeland Security;'' after ``(h) 
Department of Health and Human Services;'' in section 8; and
    (b) relettering the subsequent subsections in section 8 
appropriately.
    Sec. 46. Executive Order 12472 of April 3, 1984 (``Assignment of 
National Security and Emergency Preparedness Telecommunications 
Functions''), is amended by:
    (a) inserting ``the Homeland Security Council,'' after ``National 
Security Council,'' in sections 1(b), 1(e)(4), 1(f)(3), and 2(c)(4);
    (b) striking ``The Secretary of Defense'' in section 1(e) and 
inserting ``The Secretary of Homeland Security'' in lieu thereof;
    (c) striking ``Federal Emergency Management Agency'' in sections 
1(e)(3) and 3(j) and inserting ``Department of Homeland Security'' in 
lieu thereof;
    (d) inserting ``, in consultation with the Homeland Security 
Council,'' after ``National Security Council'' in section 2(b)(1);
    (e) inserting ``, the Homeland Security Council,'' after ``National 
Security Council'' in sections 2(d) and 2(e);
    (f) striking ``the Director of the Federal Emergency Management 
Agency'' in section 2(d)(1) and inserting ``the Secretary of Homeland 
Security'' in lieu thereof;
    (g) striking ``Federal Emergency Management Agency. The Director of 
the Federal Emergency Management Agency shall:'' in section 3(b) and 
inserting ``Department of Homeland Security. The Secretary of Homeland 
Security shall:'' in lieu thereof; and
    (h) adding at the end of section 3(d) the following new paragraph: 
``(3) Nothing in this order shall be construed to impair or otherwise 
affect the authority of the Secretary of Defense with respect to the 
Department of Defense, including the chain of command for the armed 
forces of the United States under section 162(b) of title 10, United 
States Code, and the authority of the Secretary of Defense with respect 
to the Department of Defense under section 113(b) of that title.''.
    Sec. 47. Executive Order 12382 of September 13, 1982 (``President's 
National Security Telecommunications Advisory Committee''), as amended, 
is further amended by:
    (a) inserting ``through the Secretary of Homeland Security,'' after 
``the President,'' in sections 2(a) and 2(b);
    (b) striking ``and to the Secretary of Defense'' in section 2(e) and 
inserting ``, through the Secretary of Homeland Security,'' in lieu 
thereof; and
    (c) striking ``the Secretary of Defense'' in sections 3(c) and 4(a) 
and inserting ``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 48. Executive Order 12341 of January 21, 1982 (``Cuban and 
Haitian Entrants''), is amended by:
    (a) striking ``The Attorney General'' in section 2 and inserting 
``The Secretary of Homeland Security'' in lieu thereof; and

[[Page 276]]

    (b) striking ``the Attorney General'' in section 2 and inserting 
``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 49. Executive Order 12208 of April 15, 1980 (``Consultations on 
the Admission of Refugees''), as amended, is further amended by:
    (a) striking ``the following functions: (a) To'' in section 1-101 
and inserting ``to'' in lieu thereof;
    (b) striking ``the Attorney General'' in section 1-101(a) and 
inserting ``the Secretary of Homeland Security'' in lieu thereof;
    (c) striking sections 1-101(b) and 1-102; and
    (d) redesignating sections 1-103 and 1-104 as sections 1-102 and 1-
103, respectively.
    Sec. 50. Executive Order 12188 of January 2, 1980 (``International 
Trade Functions''), as amended, is further amended by:
    (a) inserting ``(12) The Secretary of Homeland Security'' after 
``(11) The Secretary of Energy'' in section 1-102(b); and
    (b) renumbering the subsequent subsections in section 1-102(b) 
appropriately.
    Sec. 51. Executive Order 12160 of September 26, 1979 (``Providing 
for Enhancement and Coordination of Federal Consumer Programs''), as 
amended, is further amended by:
    (a) inserting ``(m) Department of Homeland Security.'' after ``(l) 
Department of the Treasury.'' in section 1-102;
    (b) striking ``(s) Federal Emergency Management Agency.'' in section 
1-102; and
    (c) relettering the subsequent subsections in section 1-102 
appropriately.
    Sec. 52. Executive Order 12148 of July 20, 1979 (``Federal Emergency 
Management''), as amended, is further amended by:
    (a) striking ``the Federal Emergency Management Agency'' whenever it 
appears and inserting ``the Department of Homeland Security'' in lieu 
thereof; and
    (b) striking ``the Director of the Federal Emergency Management 
Agency'' wherever it appears and inserting ``the Secretary of Homeland 
Security'' in lieu thereof.
    Sec. 53. Executive Order 12146 of July 18, 1979 (``Management of 
Federal Legal Resources''), as amended, is further amended by:
    (a) striking ``15'' in section 1-101 and inserting ``16'' in lieu 
thereof;
    (b) inserting ``(n) The Department of Homeland Security.'' after 
``(m) The Department of the Treasury.'' in section 1-102; and
    (c) relettering the subsequent subsections in section 1-102 
appropriately.
    Sec. 54. Executive Order 12002 of July 7, 1977 (``Administration of 
Export Controls''), as amended, is further amended by inserting ``, the 
Secretary of Homeland Security,'' after ``The Secretary of Energy'' in 
section 3.
    Sec. 55. Executive Order 11965 of January 19, 1977 (``Establishing 
the Humanitarian Service Medal''), is amended by striking ``the 
Secretary of Transportation'' wherever it appears in sections 1, 2, and 
4, and inserting ``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 56. Executive Order 11926 of July 19, 1976 (``The Vice 
Presidential Service Badge''), is amended by striking ``the Secretary of 
Transportation'' in section 2 and inserting ``the Secretary of Homeland 
Security'' in lieu thereof.
    Sec. 57. Executive Order 11858 of May 7, 1975 (``Foreign Investment 
in the United States''), as amended, is further amended by:
    (a) inserting ``(8) The Secretary of Homeland Security.'' after 
``(7) The Attorney General.'' in section 1(a); and
    (b) redesignating subsection (8) as subsection (9) in section 1(a).
    Sec. 58. Executive Order 11800 of August 17, 1974 (``Delegating 
Certain Authority Vested in the President by the Aviation Career 
Incentive Act of 1974''), as amended, is further amended by striking 
``the Secretary of Transportation'' in section 1 and inserting ``the 
Secretary of Homeland Security'' in lieu thereof.
    Sec. 59. Executive Order 11645 of February 8, 1972 (``Authority of 
the Secretary of Transportation to Prescribe Certain Regulations 
Relating to Coast Guard Housing''), is amended by striking ``the 
Secretary of Transportation'' in the title and in sections 1 and 2 and 
inserting ``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 60. Executive Order 11623 of October 12, 1971 (``Delegating to 
the Director of Selective Service Authority to Issue Rules

[[Page 277]]

and Regulations under the Military Selective Service Act''), as amended, 
is further amended by:
    (a) striking ``the Secretary of Transportation'' in section 2(a) and 
inserting ``the Secretary of Homeland Security'' in lieu thereof; and
    (b) striking ``the Department of Transportation'' in section 2(a) 
and inserting ``the Department of Homeland Security'' in lieu thereof.
    Sec. 61. Executive Order 11448 of January 16, 1969 (``Establishing 
the Meritorious Service Medal''), as amended, is further amended by 
striking ``the Secretary of Transportation'' in section 1 and inserting 
``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 62. Executive Order 11446 of January 16, 1969 (``Authorizing 
the Acceptance of Service Medals and Ribbons from Multilateral 
Organizations Other Than the United Nations''), is amended by striking 
``the Secretary of Transportation'' and inserting ``the Secretary of 
Homeland Security'' in lieu thereof.
    Sec. 63. Executive Order 11438 of December 3, 1968 (``Prescribing 
Procedures Governing Interdepartmental Cash Awards to the Members of the 
Armed Forces''), as amended, is further amended by:
    (a) striking ``the Secretary of Transportation'' in sections 1 and 2 
and inserting ``the Secretary of Homeland Security'' in lieu thereof; 
and
    (b) striking ``the Department of Transportation'' wherever it 
appears in sections 2 and 4 and inserting ``the Department of Homeland 
Security'' in lieu thereof.
    Sec. 64. Executive Order 11366 of August 4, 1967 (``Assigning 
Authority to Order Certain Persons in the Ready Reserve to Active 
Duty''), is amended by striking ``The Secretary of Transportation'' in 
sections 2 and 3(b) and inserting ``The Secretary of Homeland Security'' 
in lieu thereof.
    Sec. 65. Executive Order 11239 of July 31, 1965 (``Enforcement of 
the Convention for Safety of Life at Sea, 1960''), as amended, is 
further amended, without prejudice to section 1-106 of Executive Order 
12234 of September 3, 1980 (``Enforcement of the Convention for the 
Safety of Life at Sea''), by:
    (a) striking ``the Secretary of Transportation'' in sections 1, 3, 
and 4, and inserting ``the Secretary of Homeland Security'' in lieu 
thereof; and
    (b) striking ``The Secretary of Transportation'' in sections 2 and 3 
and inserting ``The Secretary of Homeland Security'' in lieu thereof.
    Sec. 66. Executive Order 11231 of July 8, 1965 (``Establishing the 
Vietnam Service Medal''), as amended, is further amended by striking 
``the Secretary of Transportation'' in section 1 and inserting ``the 
Secretary of Homeland Security'' in lieu thereof.
    Sec. 67. Executive Order 11190 of December 29, 1964 (``Providing for 
the Screening of the Ready Reserve of the Armed Forces''), as amended, 
is further amended by striking ``the Secretary of Transportation'' in 
section 1 and inserting ``the Secretary of Homeland Security'' in lieu 
thereof.
    Sec. 68. Executive Order 11139 of January 7, 1964 (``Authorizing 
Acceptance of the United Nations Medal and Service Ribbon''), is amended 
by striking ``the Secretary of the Treasury'' and inserting ``the 
Secretary of Homeland Security'' in lieu thereof.
    Sec. 69. Executive Order 11079 of January 25, 1963 (``Providing for 
the Prescribing of Regulations under which Members of the Armed Forces 
and Others May Accept Fellowships, Scholarships or Grants''), as 
amended, is further amended by striking ``the Secretary of 
Transportation'' and inserting ``the Secretary of Homeland Security'' in 
lieu thereof.
    Sec. 70. Executive Order 11046 of August 24, 1962 (``Authorizing 
Award of the Bronze Star Medal''), as amended, is further amended by 
striking ``the Secretary of Transportation'' in section 1 and inserting 
``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 71. Executive Order 11016 of April 25, 1962 (``Authorizing 
Award of the Purple Heart''), as amended, is further amended by striking 
``the Secretary of Transportation'' in sections 1 and 2 and inserting 
``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 72. Executive Order 10977 of December 4, 1961 (``Establishing 
the Armed Forces Expeditionary Medal''), as amended, is further amended 
by striking ``the Secretary of Transportation'' in section 2 and 
inserting

[[Page 278]]

``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 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.

[[Page 279]]

    Sec. 80. Executive Order 10271 of July 7, 1951 (``Delegating the 
Authority of the President to Order Members and Units of Reserve 
Components of the Armed Forces into Active Federal service''), is 
amended by striking ``the Secretary of the Treasury'' and inserting 
``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 81. Executive Order 10179 of November 8, 1950 (``Establishing 
the Korean Service Medal''), as amended, is further amended by striking 
``the Secretary of the Treasury'' in sections 1 and 2 and inserting 
``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 82. Executive Order 10163 of September 25, 1950 (``The Armed 
Forces Reserve Medal''), as amended, is further amended by striking 
``the Secretary of the Treasury'' in sections 2 and 7 and inserting 
``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 83. Executive Order 10113 of February 24, 1950 (``Delegating 
the Authority of the President to Prescribe Clothing Allowances, and 
Cash Allowances in lieu thereof, for Enlisted Men in the Armed 
Forces''), as amended, is further amended by striking ``the Secretary of 
the Treasury'' in sections 1 and 2 and inserting ``the Secretary of 
Homeland Security'' in lieu thereof.
    Sec. 84. Executive Order 4601 of March 1, 1927 (``Distinguished 
Flying Cross''), as amended, is further amended by:
    (a) striking ``The Secretary of War, the Secretary of the Navy,'' in 
sections 2 and 12 and inserting ``The Secretary of Defense'' in lieu 
thereof; and
    (b) striking ``the Secretary of the Treasury'' in sections 2 and 12 
and inserting ``the Secretary of Homeland Security'' in lieu thereof.
    Sec. 85. Designation as a Defense Agency of the United States.
    I hereby designate the Department of Homeland Security as a defense 
agency of the United States for the purposes of chapter 17 of title 35 
of the United States Code.
    Sec. 86. Exception from the Provisions of the Government Employees 
Training Act.
    Those elements of the Department of Homeland Security that are 
supervised by the Under Secretary of Homeland Security for Information 
Analysis and Infrastructure Protection through the Department's 
Assistant Secretary for Information Analysis are, pursuant to section 
4102(b)(1) of title 5, United States Code, and in the public interest, 
excepted from the following provisions of the Government Employees 
Training Act as codified in title 5: sections 4103(a)(1), 4108, 4115, 
4117, and 4118, and that part of 4109(a) that provides ``under the 
regulations prescribed under section 4118(a)(8) of this title and''.
    Sec. 87. Functions of Certain Officials in the Coast Guard.
    The Commandant and the Assistant Commandant for Intelligence of the 
Coast Guard each shall be considered a ``Senior Official of the 
Intelligence Community'' for purposes of Executive Order 12333 of 
December 4, 1981, and all other relevant authorities.
    Sec. 88. Order of Succession.
    Subject to the provisions of subsection (b) of this section, the 
officers named in subsection (a) of this section, in the order listed, 
shall act as, and perform the functions and duties of, the office of 
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

[[Page 280]]

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 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.
                                                George W. Bush
 The White House,
 February 28, 2003.

 [Filed with the Office of the Federal Register, 8:45 a.m., March 4, 
2003]

Note: This Executive order was published in the Federal Register on 
March 5. This item was not received in time for publication in the 
appropriate issue.