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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