[Weekly Compilation of Presidential Documents Volume 39, Number 31 (Monday, August 4, 2003)]
[Pages 998-999]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13311--Homeland Security Information Sharing

July 29, 2003

    By the authority vested in me by the Constitution and the laws of 
the United States, including sections 892 and 893 of the Homeland 
Security Act of 2002 (the ``Act'') (6 U.S.C. 482 and 483) and section 
301 of title 3, United States Code, it is hereby ordered as follows:
    Section 1. Assignment of Functions. (a) The functions of the 
President under section 892 of the Act are assigned to the Secretary of 
Homeland Security (the ``Secretary''), except the functions of the 
President under subsections 892(a)(2) and 892(b)(7).

[[Page 999]]

    (b) Subject to section 2(b) of this order, the function of the 
President under section 893 of the Act is assigned to the Secretary.
    (c) Procedures issued by the Secretary in the performance of the 
function of the President under section 892(a)(1) of the Act shall apply 
to all agencies of the Federal Government. Such procedures shall specify 
that the President may make, or may authorize another officer of the 
United States to make, exceptions to the procedures.
    (d) The function of the President under section 892(b)(7) of the Act 
is delegated to the Attorney General and the Director of Central 
Intelligence, to be exercised jointly.
    (e) In performing the functions assigned to the Secretary by 
subsection (a) of this section, the Secretary shall coordinate with the 
Secretary of State, the Secretary of Defense, the Attorney General, the 
Secretary of Energy, the Director of the Office of Management and 
Budget, the Director of Central Intelligence, the Archivist of the 
United States, and as the Secretary deems appropriate, other officers of 
the United States.
    (f) A determination, under the procedures issued by the Secretary in 
the performance of the function of the President under section 892(a)(1) 
of the Act, as to whether, or to what extent, an individual who falls 
within the category of ``State and local personnel'' as defined in 
sections 892(f)(3) and (f)(4) of the Act shall have access to 
information classified pursuant to Executive Order 12958 of April 17, 
1995, as amended, is a discretionary determination and shall be 
conclusive and not subject to review or appeal.
    Sec. 2. Rules of Construction. Nothing in this order shall be 
construed to impair or otherwise affect:
    (a) the authority of the Director of Central Intelligence under 
section 103(c)(7) of the National Security Act of 1947, as amended (50 
U.S.C. 403-3(c)(7)), to protect intelligence sources and methods from 
unauthorized disclosure;
    (b) the functions of the Director of the Office of Management and 
Budget relating to budget, administrative, or legislative proposals; or
    (c) the provisions of Executive Orders 12958 of April 17, 1995, as 
amended, and 12968 of August 2, 1995, as amended.
    Sec. 3. General Provision. This order is intended only to improve 
the internal management of the Federal Government and is not intended 
to, and 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,
 July 29, 2003.

 [Filed with the Office of the Federal Register, 9:18 a.m., July 30, 
2003]

Note: This Executive order was published in the Federal Register on July 
31.