Executive Order 13311 of July 29, 2003

 
                Homeland Security Information Sharing

                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).

                    (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.

[[Page 45150]]

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    July 29, 2003.