EXECUTIVE
ORDER
EO 13286
Effective Date: March 05, 2003

Responsible Office: Office of Security Management and Safeguards
Subject: Amendment of EO's and Other Actions...Homeland Security

                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.

        
		

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