111th Congress Committee
2nd Session COMMITTEE PRINT Print 111-A
_______________________________________________________________________
COMPILATION
OF
HOMELAND SECURITY
RELATED
EXECUTIVE ORDERS
(E.O. 4601 Through E.O. 13528)
(1927-2009)
__________
Prepared for the use of the
COMMITTEE ON HOMELAND SECURITY
of the
HOUSE OF REPRESENTATIVES
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
June 2010
Compilation of Homeland Security Related Executive Orders
(E.O. 4601 Through E.O. 13528)
111th Congress 2nd
Session COMMITTEE PRINT Committee
Print 111-A
_______________________________________________________________________
COMPILATION
of
HOMELAND SECURITY
RELATED
EXECUTIVE ORDERS
(E.O. 4601 Through E.O. 13528)
(1927-2009)
__________
Prepared for the use of the
COMMITTEE ON HOMELAND SECURITY
of the
HOUSE OF REPRESENTATIVES
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
June 2010
COMMITTEE ON HOMELAND SECURITY
Bennie G. Thompson, Mississippi, Chairman
Loretta Sanchez, California Peter T. King, New York
Jane Harman, California Lamar Smith, Texas
Peter A. DeFazio, Oregon Daniel E. Lungren, California
Eleanor Holmes Norton, District of Mike Rogers, Alabama
Columbia Michael T. McCaul, Texas
Zoe Lofgren, California Charles W. Dent, Pennsylvania
Sheila Jackson Lee, Texas Gus M. Bilirakis, Florida
Henry Cuellar, Texas Paul C. Broun, Georgia
Christopher P. Carney, Pennsylvania Candice S. Miller, Michigan
Yvette D. Clarke, New York Pete Olson, Texas
Laura Richardson, California Anh ``Joseph'' Cao, Louisiana
Ann Kirkpatrick, Arizona Steve Austria, Ohio
Bill Pascrell, Jr., New Jersey Vacancy
Emanuel Cleaver, Missouri
Al Green, Texas
James A. Himes, Connecticut
Mary Jo Kilroy, Ohio
Dina Titus, Nevada
William L. Owens, New York
Vacancy
Vacancy
I. Lanier Avant, Staff Director & General Counsel
Rosaline Cohen, Chief Counsel
Michael S. Twinchek, Chief Clerk
Robert O'Connor, Minority Staff Director
--------------
Prepared by
Michael S. Twinchek, Chief Clerk
(II)
C O N T E N T S
Homeland Security Related Executive Orders
Calvin Coolidge
4601 March 1, 1927 (Amended)............................ 7
John F. Kennedy
10113 Delegating the Authority of the President To
Prescribe Clothing Allowances, and Cash Allowances in Lieu
Thereof, for Enlisted Men in the Armed Forces (Amended).... 13
10163 The Armed Forces Reserve Medal (Amended).......... 15
10179 Establishing the Korean Service Medal (Amended)... 17
10271 Delegating Authority of the President To Order
Members and Units of Reserve Components of Armed Forces
Into Active Federal Duty (Amended)......................... 19
10448 Establishing the National Defense Service Medal
(Amended).................................................. 21
10499 Delegating Functions Conferred Upon the President
by Section 8 of the Uniformed Services Contingency Option
Act of 1953 (Amended)...................................... 23
10554 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 (Amended).................. 25
10631 Code of Conduct for Members of the Armed Forces of
the United States (Amended)................................ 27
10637 Delegating to the Secretary of Homeland Security
Certain Functions of the President Relating to the United
States Coast Guard (Amended)............................... 29
10694 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 (Amended)................ 35
10789 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 (Amended)....................... 37
10865 Safeguarding Classified Information Within
Industry (Amended)......................................... 43
10977 Establishing the Armed Forces Expeditionary Medal
(Amended).................................................. 47
11016 Authorizing Award of the Purple Heart (Amended)... 49
11046 Authorizing Award of the Bronze Star Medal
(Amended).................................................. 51
11079 Authorizing Award of the Bronze Star Medal
(Amended).................................................. 53
Lyndon B. Johnson
11139 Authorizing Acceptance of the United Nations Medal
and Service Ribbon (Amended)............................... 57
11190 Providing for the Screening of the Ready Reserve
of the Armed Forces (Amended).............................. 59
11231 Establishing the Vietnam Service Medal (Amended).. 61
11239 Enforcement of the Convention for Safety of Life
at Sea, 1960 (Amended)..................................... 63
11366 Assigning Authority to Order Certain Persons in
the Ready Reserve to Active Duty (Amended)................. 65
11423 Providing for the Performance of Certain Functions
Heretofore Performed by the President with Respect to
Certain Facilities Constructed and Maintained on the
Borders of the United States (Amended)..................... 67
11438 Prescribing Procedures Governing Interdepartmental
Cash Awards to the Members of the Armed Forces (Amended)... 71
11446 Authorizing the Acceptance of Service Medals and
Ribbons from Multilateral Organizations Other Than the
United Nations (Amended)................................... 73
11448 Establishing the Meritorious Service Medal
(Amended).................................................. 75
Richard M. Nixon
11623 Delegating to the Director of Selective Service
Authority to Issue Rules and Regulations Under the Military
Selective Service Act (Amended)............................ 79
11645 Authority of the Secretary of Homeland Security to
Prescribe Certain Regulations Relating to Coast Guard
Housing (Amended).......................................... 81
Gerald R. Ford
11858 Foreign Investment in the United States (Amended). 85
11926 The Vice Presidential Service Badge (Amended)..... 91
11965 Establishing the Humanitarian Service Medal
(Amended).................................................. 93
Jimmy Carter
12002 Administration of the Export Administration Act of
1969 (Amended)............................................. 97
12127 Federal Emergency Management Agency............... 99
12139 Exercise of Certain Authority Respecting
Electronic Surveillance.................................... 101
12146 Management of Federal Legal Resources (Amended)... 105
12147 Federal Emergency Management Agency............... 109
12148 Federal Emergency Management (Amended)............ 111
12160 Providing For Enhancement and Coordination of
Federal Consumer Programs (Amended)........................ 121
12188 International Trade Functions (Amended)........... 127
12208 Consultations on the Admission of Refugees
(Amended).................................................. 133
12260 Agreement on Government Procurement (Amended)..... 1135
Ronald Reagan
12333 United States Intelligence Activities (Amended)... 141
12341 Cuban and Haitian Entrants (Amended).............. 167
12382 President's National Security Telecommunications
Advisory Committee (Amended)............................... 169
12472 Assignment of National Security and Emergency
Preparedness Telecommunications Functions (Amended)........ 171
12501 Arctic Research (Amended)......................... 181
12555 Protection of Cultural Property (Amended)......... 85
12580 Superfund Implementation (Amended)................ 189
12590 National Drug Policy Board (Amended).............. 201
12656 Assignment of Emergency Preparedness
Responsibilities (Amended)................................. 205
12657 Department of Homeland Security Assistance in
Emergency Preparedness Planning at Commercial Nuclear Power
Plants (Amended)........................................... 233
George H.W. Bush
12673 Delegation of Disaster Relief and Emergency
Assistance Functions....................................... 239
12699 Seismic Safety of Federal and Federally Assisted
or Regulated New Building Construction (Amended)........... 241
12727 Ordering the Selected Reserve of the Armed Forces
to Active Duty (Amended)................................... 245
12728 Delegating the President's Authority to Suspend
any Provision of Law Relating to the Promotion, Retirement,
or Separation of Members of the Armed Forces (Amended)..... 247
12733 Authorizing the Extension of the Period of Active
Duty of Personnel of the Selected Reserve of the Armed
Forces (Amended)........................................... 249
12742 National Security Industrial Responsiveness
(Amended).................................................. 251
12788 Defense Economic Adjustment Program (Amended)..... 255
12789 Delegation of Reporting Functions Under the
Immigration Reform and Control Act of 1986 (Amended)....... 259
12793 Defense Economic Adjustment Program (Amended)..... 261
12807 Interdiction of Illegal Aliens (Amended).......... 263
12824 Establishing the Homeland Security Distinguished
Service Medal (Amended).................................... 267
12830 Establishing the Military Outstanding Volunteer
Service Medal (Amended).................................... 269
William J. Clinton
12835 Establishment of the National Economic Council
(Amended).................................................. 273
12859 Establishment of the Domestic Policy Council
(Amended).................................................. 275
12870 Trade Promotion Coordinating Committee (Amended).. 277
12881 Establishment of the National Science and
Technology Council (Amended)............................... 281
12898 Economy and Efficiency in Government Procurement
Through Compliance with Certain Immigration and Nationality
Act Provisions and Use of an Electronic Employment
Eligibility Verification System (Amended).................. 283
12906 Coordinating Geographic Data Acquisition and
Access: The National Spatial Data Infrastructure (Amended). 289
12919 National Defense Industrial Resources Preparedness
(Amended).................................................. 293
12941 Seismic Safety of Existing Federally Owned or
Leased Building............................................ 307
12949 Foreign Intelligence Physical Searches (Amended).. 309
12977 Interagency Security Committee (Amended).......... 311
12978 Blocking Assets and Prohibiting Transactions With
Significant Narcotics Traffickers (Amended)................ 315
12982 Ordering the Selected Reserve of the Armed Forces
to Active Duty (Amended)................................... 317
12985 Establishing the Armed Forces Service Medal
(Amended).................................................. 319
12989 Economy and Efficiency in Government Procurement
Through Compliance with Certain Immigration and Nationality
Act Provisions and Use of an Electronic Employment
Eligibility Verification System (Amended).................. 321
12992 President's Drug Policy Council (Amended)......... 327
13048 Improving Administrative Management in the
Executive Branch (Amended)................................. 329
13076 Ordering the Selected Reserve to Active Duty
(Amended).................................................. 333
13100 President's Council on Food Safety (Amended)...... 335
13112 Invasive Species (Amended)........................ 337
13115 Interagency Task Force on the Roles and Missions
of the United States Coast Guard (Amended)................. 343
13120 Ordering the Selected Reserve and Certain
Individual Ready Reserve Members of the Armed Forces to
Active Duty (Amended)...................................... 347
13122 Interagency Task Force on the Economic Development
of the Southwest Border (Amended).......................... 349
13133 Working Group on Unlawful Conduct on the Internet
(Amended).................................................. 353
13151 Global Disaster Information Network (Amended)..... 355
13154 Establishing the Kosovo Campaign Medal (Amended).. 359
13165 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 (Amended)......................... 361
George W. Bush
13212 Actions To Expedite Energy-Related Projects
(Amended).................................................. 365
13223 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
(Amended).................................................. 367
13224 Blocking Property and Prohibiting Transactions
With Persons Who Commit, Threaten to Commit, or Support
Terrorism (Amended)........................................ 371
13228 Establishing the Office of Homeland Security and
Homeland Security Council (Amended)........................ 377
13231 Critical Infrastructure Protection in the
Information Age (Amended).................................. 385
13254 Establishing the USA Freedom Corps (Amended)...... 389
13257 Presidents Interagency Task Force To Monitor and
Combat Trafficking in Persons (Amended).................... 393
13267 Establishing a Transition Planning Office for the
Department of Homeland Security Within the Office of
Management and Budget...................................... 397
13274 Environmental Stewardship and Transportation
Infrastructure Project Reviews (Amended)................... 399
13276 Delegation of Responsibilities Concerning
Undocumented Aliens Interdicted or Intercepted in the
Caribbean Region (Amended)................................. 403
13284 Amendment of Executive Orders, and Other Actions,
in Connection with the Establishment of the Department of
Homeland Security.......................................... 407
13286 Amendment of Executive Orders, and Other Actions,
in Connection With the Establishment of the Department of
Homeland Security.......................................... 411
13311 Homeland Security Information Sharing (Amended)... 433
13323 Assignment of Functions Relating to Arrivals In
and Departures From the United States...................... 435
13347 Individuals With Disabilities in Emergency
Preparedness............................................... 435
13353 Establishing the President's Board on Safeguarding
Americans Civil Liberties.................................. 439
13354 National Counterterrorism Center.................. 443
13355 Strengthened Management of the Intelligence
Community.................................................. 449
13383 Amending Executive Orders 12139 and 12949 in Light
of Establishment of the Office of Director of National
Intelligence............................................... 457
13388 Further Strengthening the Sharing of Terrorism
Information To Protect Americans........................... 459
13389 Creation of the Gulf Coast Recovery and Rebuilding
Council (Amended).......................................... 463
13390 Establishment of a Coordinator of Federal Support
for the Recovery and Rebuilding of the Gulf Coast Region
(Amended).................................................. 467
13407 Public Alert and Warning System................... 469
13416 Strengthening Surface Transportation Security..... 473
13434 National Security Professional Development........ 477
13442 Amending the Order of Succession in the Department
of Homeland Security....................................... 481
13462 President's Intelligence Advisory Board and
Intelligence Oversight Board (Amended)..................... 483
13475 Further Amendments To Executive Orders 12139 And
12949 In Light of the Foreign Intelligence Surveillance Act
of 1978 Amendments Act of 2008............................. 489
13486 Strengthening Laboratory Biosecurity in the United
States..................................................... 491
Barack Obama
13519 Establishment of the Financial Fraud Enforcement
Task Force................................................. 497
13526 Classified National Security Information.......... 501
13527 Establishing Federal Capability for the Timely
Provision of Medical Countermeasures Following a Biological
Attack..................................................... 533
13528 Establishment of the Council of Governors......... 535
F O R E W A R D
The Committee would like to thank Vanessa K. Burrows,
Legislative Attorney, Congressional Research Service for
preparing a summary included below.
Brief Summary and Background on Executive Orders
Executive orders are used by Presidents to achieve policy
goals, set uniform standards for managing the executive branch,
or outline a policy view intended to influence the behavior of
private citizens. The Constitution does not define executive
orders. The most widely accepted description of an executive
order appears to be that of the House Government Operations
Committee in 1957, which defined an executive order as a
``directive[] or action[] by the President'' that when
``founded on the authority of the President derived from the
Constitution or statute, . . . may have the force and effect of
law.'' The committee further stated that ``Executive orders are
generally directed to, and govern actions by, Government
officials and agencies. They usually affect private individuals
only indirectly.''\1\
---------------------------------------------------------------------------
\1\Staff of H. Comm. on Gov't Operations, 85th Cong., 1st Sess.,
Executive Orders and Proclamations: A Study of a Use of Presidential
Powers (Comm. Print 1957).
---------------------------------------------------------------------------
Although the Constitution does not explicitly vest the
President with the authority to issue executive orders, these
instruments have been employed by Presidents since George
Washington. Irrespective of the largely implied nature of the
authority to issue executive orders, Presidents have not
hesitated to wield this power over a range of often
controversial subjects, such as the establishment of internment
camps during WWII, and the use of executive orders to
effectuate policy or other goals may have significant effects.
Nevertheless, it is well established that the President may not
encroach upon the lawmaking powers of the legislative branch
through the issuance of executive orders.
The President's authority for the execution and
implementation of executive orders stems from constitutional
and statutory authority. In the constitutional context,
presidential power to issue such orders has been derived from
Article II of the Constitution, which states that ``the
executive Power shall be vested in a President of the United
States,'' that ``the President shall be Commander in Chief of
the Army and Navy of the United States,'' and that the
President ``shall take Care that the Laws be faithfully
executed.''\2\ The President's power to issue executive orders
may also derive from express or implied statutory authority.\3\
If based on appropriate authority and published in the Federal
Register, executive orders may have the force and effect of
law, requiring courts to take judicial notice of their
existence.\4\
---------------------------------------------------------------------------
\2\U.S. Const. art. II, 1, 2, and 3. See Executive Orders and
Proclamations, supra note 1, at 6-12.
\3\ See Youngstown Sheet and Tube Co. v. Sawyer, 343 U.S. 579
(1952).
\4\ Armstrong v. United States, 80 U.S. 154 (1871); see also Farkas
v. Texas Instrument, Inc., 372 F.2d 629 (5th Cir. 1967); Farmer v.
Philadelphia Electric Co., 329 F.2d 3 (3d Cir. 1964); Jenkins v.
Collard, 145 U.S. 546, 560-61 (1893).
The Federal Register Act requires that executive orders be
published in the Federal Register. 44 U.S.C. 1505. Furthermore,
executive orders must comply with preparation, presentation and
publication requirements established by an executive order issued by
President Kennedy. See Exec. Order No. 11030, 27 Fed. Reg. 5847 (June
21, 1962).
---------------------------------------------------------------------------
The general framework for analyzing the validity of an
executive order in relation to constitutional and congressional
authority was delineated in Youngstown Sheet & Tube Co. v.
Sawyer.\5\ In that case, the Supreme Court struck down
President Truman's executive order directing the seizure of the
steel mills during the Korean War. Invalidating this action,
the majority held that under the Constitution, ``the
President's power to see that laws are faithfully executed
refutes the idea that he is to be a lawmaker.''\6\
Specifically, Justice Black maintained that presidential
authority to issue such an executive order ``must stem either
from an act of Congress or from the Constitution itself.''\7\
Applying this reasoning, Justice Black's opinion for the Court
determined that as no statute or constitutional provision
authorized such presidential action, the seizure order was in
essence a legislative act. The Court further noted that
Congress had rejected seizure as a means to settle labor
disputes during consideration of the Taft-Hartley Act. Given
this characterization, the Court deemed the executive order to
be an unconstitutional violation of the separation of powers
doctrine, explaining ``the founders of this Nation entrusted
the lawmaking power to the Congress alone in both good and bad
times.''\8\
---------------------------------------------------------------------------
\5\ 343 U.S. 579 (1952).
\6\ Id. at 587.
\7\ Id. at 585.
\8\ Id. at 586-89.
---------------------------------------------------------------------------
The concurring opinion of Justice Jackson, which has come
to be regarded as more influential than the majority opinion,
set forth three types of circumstances in which presidential
authority may be asserted.\9\ First, if the President has acted
according to an express or implied grant of congressional
authority, presidential ``authority is at its maximum.''\10\
Second, in situations where Congress has neither granted nor
denied authority to the President, the President acts in
reliance only ``upon his own independent powers, but there is a
zone of twilight in which he and Congress may have concurrent
authority, or in which its distribution is uncertain.''\11\
Third, in instances where presidential action is ``incompatible
with the express or implied will of Congress,'' the power of
the President is at its minimum, and any such action may be
supported pursuant only to the President's ``own constitutional
powers minus any constitutional powers of Congress over the
matter.''\12\
---------------------------------------------------------------------------
\9\ Id. at 635-38.
\10\ Id. at 635, 637.
\11\ Id. at 637.
\12\ Id.
---------------------------------------------------------------------------
As long as it is not constitutionally based, Congress may
repeal an executive order, or terminate the underlying
authority upon which the action is predicated. Congress has
explicitly revoked executive orders in their entirety;
nullified, modified, and expanded portions of executive orders;
and used its appropriations authority to limit the effect of
executive orders. Additionally, a sitting President may revoke,
amend, or supersede orders that he or his predecessor
issued.\13\
---------------------------------------------------------------------------
\13\ For example, the Homeland Security Council (HSC) was first
established by executive order on October 8, 2001. Exec. Order No.
13228, 66 Fed. Reg. 51812-17 (Oct. 10, 2001). The location of the HSC
was not specified in that executive order. Its organization and
operation were addressed in a Homeland Security Presidential Directive
on October 29, 2001, HSPD-1. See http://www.dhs.gov/xabout/laws/gc--
1213648320189.shtm#1. Congress later reconstituted the HSC in Title IX
of the Homeland Security Act of 2002, placing the HSC within the
Executive Office of the President. P.L. 107-296; see 6 U.S.C. 491 et
seq. After the passage of the Homeland Security Act, the role of the
HSC was addressed in another executive order. Exec. Order 13286, 68
Fed. Reg. 10627, 10627-28 (Mar. 5, 2003)(amending Executive Order
12472, which was issued on April 3, 1984).
---------------------------------------------------------------------------
=======================================================================
Executive Orders Issued by
President Calvin Coolidge
(1923-1929)
Executive Order 4601
=======================================================================
Executive Order 4601
March 1, 1927
(As Amended by EO 7786, EO 7962, EO 9615, EO 10189, EO 13286)
=======================================================================
Signed: Mar. 1, 1927
Amends: EO 12036, January 24, 1978
Amended by: EO 7786
EO 7962
EO 9615
EO 10189
EO 13286
Codified: Chapter 32, Subchapter B
=======================================================================
For the purpose of carrying into effect the provisions of
Section 12 of the Act of Congress approved July 2, 1926,
relative to the authorization of a distinguished flying cross,
the following rules and regulations pertaining to the award of
the distinguished flying cross are promulgated:
1. a. Subject to the other special conditions
prescribed in the law, the following classes of persons
are eligible for the award of the distinguished flying
cross:
(1) All members of the Army, Navy,
Marine Corps, and Coast Guard of the
United States, while participating in
an aerial flight, as part of the duties
incident to such membership;
(2) All members of the National
Guard not in Federal service, the
Organized Reserves, the Officers'
Reserve Corps, the Enlisted Reserve
Corps, the Naval Reserves and the
Marine Corps Reserves, not on active
duty, while participating in an aerial
flight as part of the duties incident
to such membership;
(3) Members of the military, naval
or air forces of foreign governments
while serving with the military or
naval forces of the United States and
while participating in an aerial
flight.
b. Civilians are not eligible for the award of the
distinguished flying cross.
2. The Secretary of Defense, and the Secretary of
Homeland Security, acting for the President, will make
the award of the distinguished flying cross to eligible
persons in their respective departments.
3. The initial recommendation for the award of the
decoration may be made by any officer having
information of the facts.
4. A recommendation must be based upon the
statement of a person who has personal knowledge
concerning the act of heroism or extraordinary
achievement or who was an eye-witness thereto,
preferably the immediate commander. Such act or
achievement must be described specifically and in
detail. When the recommendation is made by a person who
was an eye-witness to the act or achievement or who has
personal knowledge thereof, that fact must be stated.
When the recommendation is made by a person who was not
an eye-witness to the act or achievement or who does
not have personal knowledge thereof, the testimony of
at least two persons who were eye-witnesses or who have
personal knowledge thereof, and who so describe
themselves, must accompany the recommendation. Written
testimony will be in the form of certificates or
affidavits.
5. Each recommendation for the award of the
decoration will show, in case of the person who is
being recommended, the exact status of that person at
the time he displayed the heroism or extraordinary
achievement upon which the recommendation is based, and
will contain a specific statement that the entire
service of that person, since the time he distinguished
himself, has been honorable.
6. When a recommendation is supported by an
official record that fact will be stated, and there
will be included in the recommendation such information
as will enable a prompt and certain identification of
such record.
7. Each recommendation will be submitted separately
and forwarded through regular channels with the views
and recommendations of each commander indorsed thereon.
8. (a) For any act of heroism or extraordinary
achievement performed on or before July 2, 1926, the
Distinguished Flying Cross shall not be awarded after
July 2, 1929, nor unless the recommendation therefore
shall have been made on or before July 2, 1928. For any
such act or achievement performed subsequent to July 2,
1926, the said decoration shall not be awarded after
more than three years from the date of such act or
achievement, nor unless the recommendation therefore
shall have been made at the time of such act or
achievement or within two years thereafter: Provided,
that for any such act or achievement performed between
December 7, 1941, and September 2, 1945, the said
decoration may be awarded not later than May 2, 1952,
in any case in which the written recommendation
therefore shall have been made on or before May 2,
1951: And provided further, that for any such act or
achievement performed during the period commencing
September 3, 1945, and ending at twelve o'clock noon,
December 31, 1946, the date of the termination of
hostilities of World War II, as proclaimed by
Proclamation No. 2714 of December 31, 1946, the said
decoration may be awarded in any case in which the
recommendation therefore shall have been made not later
than June 30, 1947.
(b) In any case in which a recommendation
for the award of the Distinguished Flying Cross
has been lost and such recommendation is
alleged to have been made within the applicable
period of time prescribed by subdivision (a) of
this paragraph, the certificate of an officer
or the affidavit of an enlisted man to the
effect that the recommendation was made within
such applicable period of time and forwarded
through official channels, accompanied by a
statement of the substance of the
recommendation, or preferably a copy thereof,
shall be accepted, and the case considered on
its merits.
9. In case an individual who distinguishes himself
shall have died before the making of the award to which
he may be entitled, the award may nevertheless be made
and the cross, bar, or other device presented to the
representative of the deceased in the following order:
widow (provided she has not remarried), eldest son,
eldest daughter, father, mother, eldest brother, eldest
sister, eldest grandchild.
10. Not more than one of the several decorations
authorized by Federal law will be awarded for the same
act of heroism or extraordinary achievement.
11. Whenever the distinguished flying cross, bar,
or other suitable device shall have been lost,
destroyed, or rendered unfit for use, without fault or
neglect on the part of the person to whom it was
awarded, such cross, bar, or other device shall be
replaced without charge therefore by the department by
which the award was made.
12. The Secretary of Defense, and the Secretary of
Homeland Security may promulgate, for the service
pertaining to their respective departments, such
additional regulations, supplementary to these
regulations and not in conflict therewith, as they may
deem proper, and may from time to time alter, modify,
or rescind such regulations.
=======================================================================
Executive Orders Issued by
President John F. Kennedy
(1961-1963)
Executive Orders 10113-11079
=======================================================================
Executive Order 10113
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 by EO 13286)
=======================================================================
Signed: February 24, 1950
Federal Register page and date: 15 FR 1065, February 28, 1950
Amended by: EO 12608, September 9, 1987
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the armed forces, it
is ordered as follows:
Sec. 1. The Secretary of Defense with respect to enlisted men
of the Army, the Navy, the Air Force, the Marine Corps, the
Naval Reserve, the Marine Corps Reserve, the National Guard,
the Air National Guard, the National Guard of the United
States, the Air National Guard of the United States, the
Organized Reserve Corps, and the Air Force Reserve, and the
Secretary of the Treasury with respect to enlisted men of the
Coast Guard and the Coast Guard Reserve, are hereby authorized
and directed, after appropriate consultation with the Director
of the Office of Management and Budget, to perform the
functions vested in the President by section 505 of the Career
Compensation Act of 1949, approved October 12, 1949 (Public Law
351, 81st Congress), relative to prescribing the quantity and
kind of clothing which shall be furnished annually to enlisted
men of the aforesaid services and relative to prescribing the
amount of the cash allowance to be paid to such enlisted men in
any case in which clothing is not so furnished to them.
Sec. 2. The quantity and kind of clothing, and any cash
allowances in lieu thereof, prescribed by the Secretary of
Homeland Security hereunder with respect to the Coast Guard and
the Coast Guard Reserve shall, so far as practicable, be in
conformity with those prescribed by the Secretary of Defense
with respect to the Navy and Naval Reserve, respectively.
Sec. 3. Existing regulations prescribing the quantity and kind
of clothing furnished, and any cash allowances in lieu thereof,
shall remain in effect until modified, revoked, or superseded
by action taken pursuant to this order.
Sec. 4. The term ``enlisted men'' as used in this order shall
be deemed to apply to enlisted persons of either sex.
Sec. 5. This order shall become effective on April 1, 1950, and
on that date shall supersede Executive Order No. 10049,
entitled ``Delegating the Authority of the President to
Prescribe Clothing Allowances, and Cash Allowances in Lieu
Thereof, to Enlisted Men in the Armed Forces.''
Executive Order 10163
The Armed Forces Reserve Medal
(As amended by EO 10439, EO 13013, EO 13286)
=======================================================================
Signed: September 25, 1950
Federal Register page and date: 15 FR 6489, September 27, 1950
Amended by: EO 10439, March 19, 1953
EO 13013, August 6, 1996
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the armed forces of
the United States, it is hereby ordered as follows:
Sec. 1. There is hereby established the Armed Forces Reserve
Medal, with accompanying appurtenances and devices, for award
to members and former members of the reserve components of the
armed forces of the United States as hereinafter provided.
Sec. 2. The Armed Forces Reserve Medal shall be of such design
as the Secretary of Defense shall approve:
Provided, That the obverse face of the medal shall be of
the same design in all cases, and the reverse face shall be
distinctive in design with respect to each reserve component of
the armed forces of the United States, including the Coast
Guard Reserve and the Marine Corps Reserve:
And provided further, That the reverse face of the medal
to be awarded to members of the Coast Guard Reserve shall be of
such design as the Secretary of Homeland Security shall
approve.
Sec. 3.3. The Armed Forces Reserve Medal may be awarded to
members or former members of the reserve components of the
Armed Forces of the United States who meet one or more of the
following three criteria.
a. The member has completed a total of 10 years of
honorable service in one or more of such reserve
components, including annual active duty and inactive
duty training as required by appropriate regulations,
provided that (1) such 10 years of service was
performed within a period of 12 consecutive years, (2)
such service shall not include service in a regular
component of the armed forces, including the Coast
Guard, but (A) service in a reserve component that is
concurrent, in whole or in part, with service in a
regular component of the armed forces shall be included
in computing the required 10 years of reserve service,
and (B) any period of time during which reserve service
is interrupted by service in a regular component of the
armed forces shall be excluded in computing, and shall
not be considered a break in, the said period of 12
consecutive years, and (3) such service shall not
include service for which the Naval Reserve Medal or
the Marine Corps Reserve Medal has been or may be
awarded.
b. On or after August 1, 1990, the member was
called to active duty and served under sections
12301(a), 12302, 12304, 12406 (formerly sections
672(a), 673, 673b, 3500, and 8500) and Chapter 15 of
title 10, United States Code, or, in the case of the
United States Coast Guard Reserve, section 712 of title
14, United States Code.
c. On or after August 1, 1990, the member
volunteered and served on active duty in support of
specific U.S. military operations or contingencies
designated by the Secretary of Defense.4. Not more than
one Armed Forces Reserve Medal may be awarded to any
one person. The member shall receive the medal with the
distinctive design of the reserve component with which
the person served at the time of award or in which such
person last served. The medal is awarded with the
appropriate appurtenance that denotes the manner in
which the award was earned, either through completion
of 10 years of service, mobilization, or volunteering
for, and serving on, active duty in support of
operations or contingencies designated by the Secretary
of Defense. For each succeeding mobilization,
volunteering for, and serving on, active duty in
support of operations or contingencies, or 10-year
period of service as above described, and a suitable
appurtenance may be awarded, to be worn with the medal
in accordance with appropriate regulations.
Sec. 5. A member of a Naval or Marine Corps Reserve component
who is eligible to receive a Naval Reserve or Marine Corps
Reserve Medal may at his election be awarded, in lieu of such
medal, the Armed Forces Reserve Medal.
Sec. 6. The Armed Forces Reserve Medal shall be awarded in lieu
of the Naval Reserve and the Marine Corps Reserve Medals for
service performed after twenty years from the dates on which
such medals were established.
Sec. 7. Subject to the provisions of this order, the Armed
Forces Reserve Medal shall be awarded under such regulations as
the Secretaries of the military departments of the Department
of Defense and the Secretary of Homeland Security shall
severally prescribe. Such regulations shall, so far as
practicable, be of uniform application, and regulations issued
pursuant to this order by the Secretaries of the military
departments of the Department of Defense shall be subject to
the approval of the Secretary of Defense.
Executive Order 10179
Establishing the Korean Service Medal
(As amended by EO 10429, EO 13286)
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Signed: November 8, 1950
Federal Register page and date: 15 FR 7665, November 11, 1950
Amended by: EO 10429, January 17, 1953
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the armed forces of
the United States, it is ordered as follows:
1. There is hereby established the Korean Service Medal, with
suitable appurtenances, for award, under such regulations as
the Secretaries of the Army, Navy, and Air Force and the
Secretary of Homeland Security may severally prescribe, and
subject to the provisions of this order, to members of the
armed forces of the United States who during any period between
June 27, 1950, inclusive, and a terminal date to be fixed by
the Secretary of Defense shall have served within the area or
areas of military operations in the Korean theater.
2. The regulations prescribed by the Secretaries of the Army,
Navy, and Air Force pursuant to paragraph 1 hereof shall be
uniform so far as practicable and shall be approved by the
Secretary of Defense. The regulations prescribed by the
Secretary of Homeland Security pursuant to paragraph 1 hereof
shall, so far as practicable, be uniform with the regulations
prescribed by the Secretaries of the Army, Navy, and Air Force
and approved by the Secretary of Defense pursuant to the said
paragraph.'
3. The term ``Korean theater'', as used in paragraph 1 hereof,
shall be defined in the regulations prescribed pursuant to the
said paragraph.
4. No person shall be entitled to more than one award of the
Korean Service Medal.
5. The Korean Service Medal may be awarded posthumously.
Executive Order 10271
Delegating Authority of the President to Order Members and
Units of Reserve Components of Armed Forces into Active Federal
Duty
(As amended by EO 13286)
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Signed: July 7, 1951
Federal Register page and date: 16 FR 6659, July 10, 1951
Amended by: EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by section 10(c) of
the Universal Military Training and Service Act (62 Stat. 621),
as amended, and as President of the United States and Commander
in Chief of the armed forces of the United States, it is
ordered as follows:
1. There is hereby delegated to the Secretary of Defense the
authority vested in the President by section 21 of the
Universal Military Training and Service Act (64 Stat. 318), as
amended by the 1951 Amendments to the Universal Military
Training and Service Act (65 Stat. 87; Public Law 51, 82d
Congress), to order into the active military or naval service
of the United States for a period not to exceed twenty-four
months, with or without their consent, any or all members and
units of any or all Reserve components of the Armed Forces of
the United States and retired personnel of the Regular Armed
Forces: Provided, that so much of the authority of the
President under the said section 21, as amended, as relates to
any Reserve component of the United States Coast Guard or to
retired personnel of the Regular Coast Guard is hereby
delegated to the Secretary of Homeland Security.
2. The Secretary of Defense is hereby authorized to
redelegated, subject to such conditions as the Secretary may
deem appropriate, to the Secretaries of the Army, Navy, and Air
Force such functions under this order as affect their
respective services.
Executive Order 10448
Establishing the National Defense Service Medal
(As amended by EO 13286)
=======================================================================
Signed: April 22, 1953
Federal Register page and date: 18 FR 2391, April 24, 1953
Amended by: EO 11265, January 11, 1966
EO 11382, November 28, 1967
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the armed forces of
the United States, it is hereby ordered as follows:
1. There is hereby established the National Defense Service
Medal, with suitable appurtenances. Under such regulations as
the Secretaries of the Army, Navy, and Air Force, or the
Secretary of Homeland Security with regard to the Coast Guard
when it is not operating as a service in the Navy, may
severally prescribe, and subject to the provisions of this
Order, the National Defense Service Medal shall be awarded to
members of the Armed Forces of the United States who served
during any period after June 26, 1950, and before July 28,
1954, or who served during any period after December 31, 1960,
which the Secretary of Defense designates as being a period for
which active military service merits special recognition.
2. The regulations prescribed by the Secretaries of the Army,
Navy, and Air Force pursuant to paragraph 1 hereof shall be
uniform so far as practicable and shall be approved by the
Secretary of Defense. The regulations prescribed by the
Secretary of Homeland Security pursuant to paragraph 1 hereof
shall, so far as practicable, be uniform with the regulations
prescribed for the other armed forces.
3. Those persons entitled to wear the National Defense Service
Medal for service after June 26, 1950, and before July 28,
1954, or for service during any designated period after
December 31, 1960, are also entitled to wear a bronze star on
their National Defense Service Medal ribbon for each additional
period of active duty designated by the Secretary of Defense
pursuant to paragraph 1 as being a period for which active
military service merits special recognition.
4. The National Defense Service Medal may be awarded
posthumously.
Executive Order 10499
Delegating Functions Conferred Upon the President by Section 8
of the Uniformed Services Contingency Option Act of 1953
(As amended by EO 13286)
=======================================================================
Signed: November 4, 1953
Federal Register page and date: 18 FR 7003, November 6, 1953
Amended by: EO 12608, September 9, 1987
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by section 301 of
title 3 of the United States Code, and as President of the
United States, it s ordered as follows:
SECTION 1. Except as otherwise provided in this order, the
Secretary of Defense is hereby authorized and empowered to
perform, without the approval, ratification, or other action of
the President, the functions vested in the President by section
8 of the Uniformed Services Contingency Option Act of 1953,
approved August 8, 1953 (Public Law 239, 83d Congress),
hereinafter referred to as the Act. The Secretary of Defense,
after appropriate consultation with the Secretaries of Homeland
Security, Commerce, and Health, Education, and Welfare, shall
prepare for each fiscal year a consolidated report on
operations and financing of the benefits authorized by the Act
and shall present such report to the President not later than
four months following the close of the fiscal year, for
transmittal by the President to the Congress.
SEC. 2. The Secretary of the Army, the Secretary of the Navy,
the Secretary of the Air Force, the Secretary of Homeland
Security, the Secretary of Commerce, and the Secretary of
Health, Education, and Welfare are hereby severally authorized
and empowered to perform, without the approval, ratification,
or other action of the President, the function vested in the
President by section 8 of the Act of prescribing regulations
for the administration of the Act; provided that the
regulations prescribed by any such Secretary shall relate only
to the Department of which the Secretary is the head.
SEC. 3. The regulations prescribed by the said Secretaries
under section 2 of this order shall be subject to the approval
of the Secretary of Defense; shall be designed to achieve the
uniform, equitable, and economical administration of the Act;
shall include uniform tables of actuarial equivalents and
provision that term insurance values shall be computed by
uniform methods prescribed by the Board of Actuaries provided
for in section 8 of the Act; and, to the extent deemed
necessary, shall include (a) procedures for informing personnel
of their rights, for submitting elections and claims, and for
reconsideration of determinations, and (b) definitions of
terms.
SEC. 4. Functions under section 8 of the Act with respect to
the selection of a member of the Board of Actuaries from among
the membership of the Society of Actuaries and the fixing of
his compensation are reserved to the President.
SEC. 5. The meaning of the terms `functions' and `perform' as
used in this order shall be the same as the meaning of those
terms as used in chapter 4 of title 3 of the United States
Code.
This order shall become effective on November 1, 1953.
Executive Order 10554
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
(As amended by EO 13286)
=======================================================================
Signed: August 18, 1954
Federal Register page and date: 19 FR 5295, August 20, 1954
Amended by: EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by section 301 of
title 3 of the United States Code, and as President of the
United States, it is ordered as follows:
The authority vested in the President (1) by section 125 of
the act of June 3, 1916, 39 Stat. 216, as amended by the first
section of the act of July 6, 1953, 67 Stat. 140, and (2) by
section 2 of the act of June 21, 1930, 46 Stat. 793, as amended
by section 2 of said act of July 6, 1953, to prescribe
regulations authorizing occasions upon which the uniform may be
worn by persons who have served honorably in the armed forces
of the United States in time of war is hereby delegated to the
Secretary of Defense so far as it pertains to the uniforms of
the Army, Navy, Air Force, and Marine Corps, and to the
Secretary of Homeland Security so far as it pertains to the
uniform of the Coast Guard.
Executive Order 10631
Code of Conduct for Members of the Armed Forces of the United
States
(As amended by EO 11382, EO 12017, EO 12633, EO 13286)
=======================================================================
Signed: August 17, 1955
Federal Register page and date: 20 FR 6057, August 20, 1955
Amended by: EO 11382, November 28, 1967
EO 12017, November 3, 1977
EO 12633, March 28, 1988
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States, and as Commander in Chief of the armed forces of
the United States, I hereby prescribe the Code of Conduct for
Members of the Armed Forces of the United States which is
attached to this order and hereby made a part thereof.
All members of the Armed Forces of the United States are
expected to measure up to the standards embodied in this Code
of Conduct while in combat or in captivity. To ensure
achievement of these standards, members of the armed forces
liable to capture shall be provided with specific training and
instruction designed to better equip them to counter and
withstand all enemy efforts against them, and shall be fully
instructed as to the behavior and obligations expected of them
during combat or captivity.
The Secretary of Defense (and the Secretary of Homeland
Security with respect to the Coast Guard except when it is
serving as part of the Navy) shall take such action as is
deemed necessary to implement this order and to disseminate and
make the said Code known to all members of the armed forces of
the United States.
I LI am an American, fighting in the forces which guard my
country and our way of life. I am prepared to give my life in
their defense.
II LI will never surrender of my own free will. If in
command, I will never surrender the members of my command while
they still have the means to resist.
III LIf I am captured I will continue to resist by all means
available. I will make every effort to escape and to aid others
to escape. I will accept neither parole nor special favors from
the enemy.
IV LIf I become a prisoner of war, I will keep faith with my
fellow prisoners. I will give no information or take part in
any action which might be harmful to my comrades. If I am
senior, I will take command. If not, I will obey the lawful
orders of those appointed over me and will back them up in
every way.
V LWhen questioned, should I become a prisoner of war, I am
required to give name, rank, service number, and date of birth.
I will evade answering further questions to the utmost of my
ability. I will make no oral or written statements disloyal to
my country and its allies or harmful to their cause.
VI LI will never forget that I am an American, fighting for
freedom, responsible for my actions, and dedicated to the
principles which made my country free. I will trust in my God
and in the United States of America.
Executive Order 10637
Delegating to the Secretary of Homeland Security Certain
Functions of the President Relating to the United States Coast
Guard
(As Amended by EO 13286)
=======================================================================
Signed: September 16, 1955
Federal Register page and date: 20 FR 7025, September 20, 1955
Amended by: EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by section 301 of
title 3 of the United States Code, section 499 of title 14 of
the United States Code, and Article 140 of the Uniform Code of
Military Justice (64 Stat. 145), and as President of the United
States, it is hereby ordered as follows:
Section 1.
The Secretary of Homeland Security is hereby designated and
empowered to perform the following-described functions without
the approval, ratification, or other action of the President:
(a) The authority vested in the President by
section 149 of title 14 of the United States Code, in
his discretion, to detail officers and enlisted men of
the Coast Guard to assist foreign governments in
matters concerning which the Coast Guard may be of
assistance.
(b) The authority vested in the President by
section 229 of title 14 of the United States Code to
revoke the commission of any officer on the active list
of the Coast Guard who, at the date of such revocation,
has had less than three years of continuous service as
a commissioned officer in the Coast Guard, and to
prescribe regulations relating to such revocations.
(c) The authority vested in the President by
section 232 of title 14 of the United States Code, in
his discretion, to retire from active service any
commissioned officer of the Coast Guard, upon his own
application, who has completed twenty years of active
service in the Coast Guard, Navy, Army, Air Force, or
Marine Corps, or the Reserve Components thereof.
(d) The authority vested in the President by
section 235 of title 14 of the United States Code to
retire, to approve the retirement of, to place out of
line of promotion, and to approve the placing out of
line of promotion of, officers of the Coast Guard.
(e) The authority vested in the President by
section 492 of title 14 of the United States Code to
present a distinguished service medal (including
incidental items) to any person who, while serving in
any capacity with the Coast Guard, distinguishes
himself by exceptionally meritorious service to the
Government in a duty of great responsibility.
(f) The authority vested in the President by
section 493 of title 14 of the United States Code to
present the Coast Guard medal (including incidental
items) to any person who, while serving in any capacity
with the Coast Guard, distinguishes himself by heroism
not involving actual conflict with an enemy.
(g) The authority vested in the President by
section 494 of title 14 of the United States Code to
award emblems, insignia, rosettes, and other devices,
to the extent that such authority relates to the
awarding of such items to be worn with the
distinguished service medal or the Coast Guard medal.
(h) The authority vested in the President by
section 498 of title 14 of the United States Code to
make posthumous awards of decorations and to designate
representatives to receive such awards, to the extent
that such authority relates to the awarding of the
distinguished service medal or the Coast Guard medal,
or ribbons, emblems, insignia, rosettes, or other
devices corresponding thereto.
(i) The authority vested in the President by
section 499 of title 14 of the United States Code to
make rules, regulations, and orders to the extent that
they shall relate to the authority described in
sections 1(f), 1(g), and 1(h) above.
(j) The authority vested in the President by the
first paragraph of section 806 of the act of September
8, 1916, ch. 463, 39 Stat. 799 (15 U.S.C. 77), to
direct the detention of any vessel, American or
foreign, by withholding clearance or by formal notice
forbidding departure; but such authority shall be
exercised by the Secretary of Homeland Security only
upon a finding by the President that there is
reasonable ground to believe that the vessel concerned
is making or giving undue or unreasonable preference or
advantage to any party, or is subjecting any party to
undue or unreasonable prejudice, disadvantage, injury,
or discrimination, as described in the said paragraph;
and the authority so vested to revoke, modify, or renew
any such direction.
(k) The authority vested in the President by the
second paragraph of the said section 806 of the act of
September 8, 1916, to withhold clearance from one or
more vessels of a belligerent country or government
until such belligerent shall restore to American
vessels and American citizens reciprocal liberty of
commerce and equal facilities for trade, and the
authority to direct that similar privileges and
facilities, if any, enjoyed by vessels and citizens of
such belligerent in the United States or its
possessions be refused to vessels or citizens of such
belligerent; but such authority shall not, in either
instance, be exercised by the Secretary of Homeland
Security with respect to any vessel or citizen of such
belligerent unless and until the President proclaims
that the belligerent nation concerned is denying
privileges and facilities to American vessels as
described in the said paragraph.
(l) The authority vested in the President by
section 963(a) of title 18 of the United States Code to
detain, in accordance with the provisions of such
section, any armed vessel, or any vessel, domestic or
foreign (other than one which has entered the ports of
the United States as a public vessel), which is
manifestly built for warlike purposes or has been
converted or adapted from a private vessel to one
suitable for warlike use, and to determine, in each
case, whether the proof required by such section is
satisfactory.
(m) The authority vested in the President by
section 967(a) of title 18 of the United States Code,
during a war in which the United States is a neutral
nation, to withhold clearance from or to any vessel,
domestic or foreign, or, by service of formal notice
upon the owner, master, or person in command or in
charge of any domestic vessel not required to secure
clearances, and to forbid its departure from port or
from the United States, whenever there is reasonable
cause to believe that such vessel is about to carry
fuel, arms, ammunition, men, supplies, dispatches, or
information to any warship, tender, or supply ship of a
foreign belligerent nation in violation of the laws,
treaties, or obligations of the United States under the
law of nations.
(n) The authority vested in the President by
section 10(a) of the act of November 4, 1939, ch. 2, 54
Stat. 9 (22 U.S.C. 450(a)), to require the owner,
master, or person in command of a vessel to give a bond
to the United States, as prescribed by the said section
10(a).
(o) The authority vested in the President by
section 10(b) of the act of November 4, 1939, ch. 2, 54
Stat. 9 (22 U.S.C. 450(b)), to prohibit the departure
of a vessel from a port of the United States, in
accordance with the provisions of the said section
10(b).
(p) The authority vested in the President by
section 2 of the act of August 18, 1914, ch. 256, 38
Stat. 699 (46 U.S.C. 236), to suspend, in his
discretion, by order, so far and for such length of
time as he may deem desirable, the provisions of law
prescribing that all watch officers of vessels of the
United States registered for foreign trade shall be
citizens of the United States.
(q) The authority vested in the President by
section 2 of the act of October 17, 1940, ch. 896, 54
Stat. 1201 (46 U.S.C. 643b) to extend, whenever in his
judgment the national interest requires, the provisions
of subsection (b) of section 4551, Revised Statutes, as
amended, to such additional class or classes of vessels
and to such waters as he may designate.
(r) The authority vested in the President by
section 6 of the act of July 24, 1941, ch. 320, 55
Stat. 604, as amended (34 U.S.C. 350e), to make
appointments of officers below flag rank without the
advice and consent of the Senate, to the extent that
such authority relates, pursuant to section 11(b) of
the said act, as amended (34 U.S.C. 350j), to officers
of the United States Coast Guard.
Sec. 2.
The Secretary of Homeland Security is hereby designated and
empowered to perform without the approval, ratification, or
other action of the President the following described functions
to the extent that they relate to the United States Coast
Guard:
(a) The authority vested in the President by
Article 4(a) of the Uniform Code of Military Justice
(section 1 of the act of May 5, 1950, ch. 169, 64 Stat.
110; 50 U.S.C. 554(a)), to convene a general court-
martial to try any dismissed officer, upon application
by the officer concerned for trial by court-martial.
(b) The authority vested in the President by
Article 4(c) and 75 of the Uniform Code of Military
Justice (64 Stat. 110, 132; 50 U.S.C. 554(c), 662), to
reappoint a discharged officer to such commissioned
rank and precedence as the former officer would have
attained had he not been dismissed, and to direct the
extent to which any such reappointment shall affect the
promotion status of other officers.
(c) The authority vested in the President by
section 10 of the act of May 5, 1950, ch. 169, 64 Stat.
146 (50 U.S.C. 739), to drop from the rolls any officer
who has been absent without authority from his place of
duty for a period of three months or more, or who,
having been found guilty by the civil authorities of
any offense, is finally sentenced to confinement in a
Federal or State penitentiary or correctional
institution.
(d) The authority vested in the President by
section 219 of the Armed Forces Reserve Act, approved
July 9, 1952 (66 Stat. 487; 50 U.S.C. 943), to make
appointments of Reserves in commissioned grades below
flag officer grades.
(e) The authority vested in the President by
section 221 of the said Armed Forces Reserve Act (50
U.S.C. 945) to determine the tenure in office of
commissioned officers of the reserve.
(f) The authority vested in the President by
section 248 of the said Armed Forces Reserve Act (50
U.S.C. 991), to effect the discharge of commissioned
officers of the reserve.
(g) The authority vested in the President by
section 6 of the act of February 21, 1946, ch. 34, 60
Stat. 27 (34 U.S.C. 410b), as made applicable to the
Coast Guard Reserve by section 755(a) of title 14 of
the United States Code, in his discretion, to place
upon the retired list any officer of the Coast Guard
Reserve, upon his own application, who has completed
more than twenty years of active service as described
in the said section 6.
Sec. 3.
All actions heretofore taken by the President with respect
to the matters affected by this order and in force at the time
of issuance of this order, including any regulations prescribed
or approved by the President with respect to such matters,
shall, except as they may be inconsistent with the provisions
of this order, remain in effect until amended, modified, or
revoked pursuant to the authority conferred by this order.
Sec. 4.
As used in this order, the term ``functions'' embraces
duties, powers, responsibilities, authority, or discretion, and
the term ``perform'' may be construed to mean ``exercise''.
Sec. 5.
Whenever the entire Coast Guard operates as a service in
the Navy, the references to the Secretary of Homeland Security
in the introductory portions of sections 1 and 2 of this order
shall be deemed to be references to the Secretary of the Navy.
Executive Order 10694
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
(As Amended by EO 13286)
=======================================================================
Signed: January 10, 1957
Federal Register page and date: 22 FR 253, January 12, 1957
Amended by: EO 13286, February 28, 2003
Supersedes: EO 9050, February 6, 1942
EO 9396, November 22, 1943
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the armed forces of
the United States, it is hereby ordered as follows:
1. The Secretaries of the Army, the Navy, and the Air Force,
respectively, are hereby authorized to issue a citation in the
name of the President of the United States, as public evidence
of deserved honor and distinction, to any organization,
detachment, installation, ship, aircraft, or other unit for
outstanding performance in action on or after October 16, 1941,
in the case of the Navy or Marine Corps, and on or after
December 7, 1941, in the case of the Army or the Air Force.
Such citations may also be issued to units of armed forces of
cobelligerent nations, serving with the armed forces of the
United States for outstanding performance in action on or after
December 7, 1941; provided that such units shall meet the
standards established for the armed forces of the United
States.
2. Appropriate insignia of such form and design as may be
determined by the Secretary concerned may be displayed by any
organization, detachment, installation, ship, aircraft, or
other unit to which such citation is issued.
3. After any unit is cited pursuant to paragraph 1 hereof for
outstanding performance in action, a ribbon identifying such
citation shall be issued and shall become a permanent part of
the uniform of those persons assigned or attached thereto who
were actually present and participated in the action for which
the unit was cited, or in one of the actions if more than one
action is mentioned in the citation, whether they thereafter
serve with such unit or with a different unit. Such persons are
authorized to wear an appropriate additional device for any
subsequent citation for which they are eligible, made either to
the same unit or to a unit to which they are subsequently
assigned. If authorized by the Secretary concerned, persons
assigned to a unit subsequent to an action for which it was
cited, may wear the citation ribbon while so assigned.
4. This order supersedes Executive Orders No. 9050 of February
6, 1942, and No. 9396 of November 22, 1943.
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.
Executive Order 10789
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 by EO 11051, EO 11382, EO 11610, EO 12148, EO
12919, EO 13232, EO 13286)
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Signed: November 14, 1958
Federal Register page and date: 23 FR 8897, November 15, 1958
Amended by: EO 11051, September 27, 1962
EO 11382, November 28, 1967
EO 11610, July 22, 1971
EO 12148, July 20, 1979
EO 12919, June 3, 1994
EO 13232, October 20, 2001
EO 13286, February 28, 2003
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By virtue of the authority vested in me by the act of
August 28, 1958, 72 Stat. 972, hereinafter called the act, and
as President of the United States, 1 and deeming that such
action will facilitate the national defense, it is hereby
ordered as follows:
Part I_Department of Defense
Under such regulations, which shall be uniform to the
extent practicable, as may be prescribed or approved by the
Secretary of Defense:
1. The Department of Defense is authorized, within the limits
of the amounts appropriated and the contract authorization
provided therefore, to enter into contracts and into amendments
or modifications of contracts heretofore or hereafter made, and
to make advance payments thereon, without regard to the
provisions of law relating to the making, performance,
amendment, or modification of contracts, whenever, in the
judgment of the Secretary of Defense, the Secretary of the
Army, the Secretary of the Navy, or the Secretary of the Air
Force, or the duly authorized representative of any such
Secretary, the national defense will be facilitated thereby.
1 A (a) The limitation in paragraph 1 to amounts
appropriated and the contract authorization provided
therefore shall not apply to contractual provisions
which provide that the United States will hold harmless
and indemnify the contractor against any of the claims
or losses set forth in subparagraph (b), whether
resulting from the negligence or wrongful act or
omission of the contractor or otherwise (except as
provided in subparagraph (b)(2)). This exception from
the limitations of paragraph 1 shall apply only to
claims or losses arising out of or resulting from risks
that the contract defines as unusually hazardous or
nuclear in nature. Such a contractual provision shall
be approved in advance by an official at a level not
below that of the Secretary of a military department
and may require each contractor so indemnified to
provide and maintain financial protection of such type
and in such amounts as is determined by the approving
official to be appropriate under the circumstances. In
deciding whether to approve the use of an
indemnification provision and in determining the amount
of financial protection to be provided and maintained
by the indemnified contractor, the appropriate official
shall take into account such factors as the
availability, cost and terms of private insurance,
self-insurance, other proof of financial responsibility
and workmen's compensation insurance. Such approval and
determination, as required by the preceding two
sentences, shall be final.
(b)(1) Subparagraph (a) shall apply to claims
(including reasonable expenses of litigation and
settlement) or losses, not compensated by insurance or
otherwise, of the following types:
(A) Claims by third persons,
including employees of the contractor,
for death, personal injury, or loss of,
damage to, or loss of use of property;
(B) Loss of, damage to, or loss of
use of property of the contractor;
(C) Loss of, damage to, or loss of
use of property of the Government;
(D) Claims arising (i) from
indemnification agreements between the
contractor and a subcontractor or
subcontractors, or (ii) from such
arrangements and further
indemnification arrangements between
subcontractors at any tier; provided
that all such arrangements were entered
into pursuant to regulations prescribed
or approved by the Secretaries of
Defense, the Army, the Navy, or the Air
Force.
(2) Indemnification and hold harmless
agreements entered into pursuant to this
subsection, whether between the United States
and a contractor, or between a contractor and a
subcontractor, or between two subcontractors,
shall not cover claims or losses caused by the
willful misconduct or lack of good faith on the
part of any of the contractor's or
subcontractor's directors or officers or
principal officials which are (i) claims by the
United States (other than those arising through
subrogation) against the contractor or
subcontractor, or (ii) losses affecting the
property of such contractor or subcontractor.
Regulations to be prescribed or approved by the
Secretaries of Defense, the Army, the Navy or
the Air Force shall define the scope of the
term `principal officials'.
(3) The United States may discharge its
obligation under a provision authorized by
subparagraph (a) by making payments directly to
subcontractors or to third persons to whom a
contractor or subcontractor may be liable.
(c) A contractual provision made under subparagraph
(a) that provides for indemnification must also provide
for_
(1) notice to the United States of any
claim or action against, or of any loss by, the
contractor or subcontractor which is covered by
such contractual provision; and
(2) control or assistance by the United States, at
its election, in the settlement or defense of any such
claim or action.
2. The Secretaries of Defense, the Army, the Navy, and the Air
Force, respectively, may exercise the authority herein
conferred and, in their discretion and by their direction, may
delegate such authority to any other military or civilian
officers or officials of their respective departments, and may
confer upon any such military or civilian officers or officials
the power to make further delegations of such authority within
their respective commands or organizations: Provided, that the
authority herein conferred shall not be utilized to obligate
the United States in an amount in excess of $50,000 without
approval by an official at or above the level of an Assistant
Secretary or his Deputy, or by a departmental Contract
Adjustment Board.
3. The contracts hereby authorized to be made shall include
agreements of all kinds (whether in the form of letters of
intent, purchase orders, or otherwise) for all types and kinds
of property or services necessary, appropriate, or convenient
for the national defense, or for the invention, development, or
production of, or research concerning, any such property or
services, including, but not limited to, aircraft, missiles,
buildings, vessels, arms, armament, equipment or supplies of
any kind, or any portion thereof, including plans, spare parts
and equipment therefore, materials, supplies, facilities,
utilities, machinery, machine tools, and any other equipment
without any restriction of any kind as to type, character,
location, or form.
4. The Department of Defense may by agreement modify or amend
or settle claims under contracts heretofore or hereafter made,
may make advance payments upon such contracts of any portion of
the contract price, and may enter into agreements with
contractors or obligors modifying or releasing accrued
obligations of any sort, including accrued liquidated damages
or liability under surety or other bonds. Amendments or
modifications of contracts may be with or without consideration
and may be utilized to accomplish the same things as any
original contract could have accomplished hereunder,
irrespective of the time or circumstances of the making, or the
form, of the contract amended or modified, or of the amending
or modifying contract, and irrespective of rights which may
have accrued under the contract or the amendments or
modifications thereof.
5. Proper records of all actions taken under the authority of
the act shall be maintained within the Department of Defense.
The Secretaries of Defense, the Army, the Navy, and the Air
Force shall make such records available for public inspection
except to the extent that they, or their duly authorized
representatives, may respectively deem the disclosure of
information therein to be detrimental to the national security.
6. The Department of Defense shall, by March 15 of each year,
report to the Congress all actions taken within that department
under the authority of the act during the preceding calendar
year. With respect to actions which involve actual or potential
cost to the United States in excess of $50,000, the report
shall (except as the disclosure of such information may be
deemed to be detrimental to the national security)_
(a) name the contractor;
(b) state the actual cost or estimated potential
cost involved;
(c) describe the property or services involved; and
(d) state further the circumstances justifying the
action taken.
7. There shall be no discrimination in any act performed
hereunder against any person on the ground of race, religion,
color, or national origin, and all contracts entered into,
amended, or modified hereunder shall contain such
nondiscrimination provision as otherwise may be required by
statute or Executive order.
8. No claim against the United States arising under any
purchase or contract made under the authority of the act and
this order shall be assigned except in accordance with the
Assignment of Claims Act of 1940 (54 Stat. 1029), as amended.
9. Advance payments shall be made hereunder only upon obtaining
adequate security.
10. Every contract entered into, amended, or modified pursuant
to this order shall contain a warranty by the contractor in
substantially the following terms:
``The Contractor warrants that no person or selling
agency has been employed or retained to solicit or
secure this contract upon an agreement or understanding
for a commission, percentage, brokerage, or contingent
fee, except bona-fide employees or bona-fide
established commercial or selling agencies maintained
by the Contractor for the purpose of securing business.
For breach or violation of this warranty the Government
shall have the right to annul this contract without
liability or, in its discretion, to deduct from the
contract price or consideration, or otherwise recover,
the full amount of such commission, percentage,
brokerage, or contingent fee.''
11. Except as provided in the Act of September 27, 1966, 80
Stat. 850, contracts entered into, amended, or modified
pursuant to authority of this order shall include a clause to
the effect that the Comptroller General of the United States or
any of his duly authorized representatives shall, until the
expiration of three years after final payment, have access to
and the right to examine any directly pertinent books,
documents, papers, and records of the contractor or any of his
subcontractors engaged in the performance of, and involving
transactions related to, such contracts or subcontracts. Before
exercising the authority provided in the Act of September 27,
1966, 80 Stat. 850, the Secretaries of Defense, the Army, the
Navy, or the Air Force, or their designees, shall first
determine that all reasonable efforts have been made to include
the clause prescribed above and that alternate sources of
supply are not reasonably available.
12. Nothing herein contained shall be construed to constitute
authorization hereunder for_
(a) the use of the cost-plus-a-percentage-of-cost
system of contracting;
(b) any contract in violation of existing law
relating to limitation of profits or fees;
(c) the negotiation of purchases of or contracts
for property or services required by law to be procured
by formal advertising and competitive bidding;
(d) the waiver of any bid, payment, performance, or
other bond required by law;
(e) the amendment of a contract negotiated under
section 2304(a)(15) of title 10 of the United States
Code to increase the contract price to an amount higher
than the lowest rejected bid of any responsible bidder;
or
(f) the formalization of an informal commitment,
unless the Secretary of Defense, the Secretary of the
Army, the Secretary of the Navy, or the Secretary of
the Air Force, or the duly authorized representative of
any such Secretary, finds that at the time the
commitment was made it was impracticable to use normal
procurement procedures.
13. The provisions of the Walsh-Healey Act (49 Stat. 2036), as
amended, the Davis-Bacon Act (49 Stat. 1011), as amended, the
Copeland Act (48 Stat. 948), as amended, and the Eight Hour Law
(37 Stat. 137), as amended, if otherwise applicable, shall
apply to contracts made and performed under the authority of
this order.
14. Nothing herein contained shall prejudice anything
heretofore done under Executive Order No. 9001 of December 27,
1941, or Executive Order No. 10210 of February 2, 1951, or any
amendments or extensions thereof, or the continuance in force
of an action heretofore taken under those orders or any
amendments or extensions thereof.
15. Nothing herein contained shall prejudice any other
authority which the Department of Defense may have to enter
into, amend, or modify contracts, and to make advance payments.
Part II_Extension of Provisions of Paragraphs 1-14
21. Subject to the limitations and regulations contained in
paragraphs 1 to 14, inclusive, hereof, and under any
regulations prescribed by him in pursuance of the provisions of
paragraph 22 hereof, the head of each of the following-named
agencies is authorized to perform or exercise as to his agency,
independently of any Secretary referred to in the said
paragraphs 1 to 14, all the functions and authority vested by
those paragraphs in the Secretaries mentioned therein:
Department of the Treasury
Department of the Interior
Department of Agriculture
Department of Commerce
Department of Health and Human Services
Department of Transportation
Atomic Energy Commission
General Services Administration
National Aeronautics and Space Administration
Tennessee Valley Authority
Government Printing Office
Department of Homeland Security
22. The head of each agency named in paragraph 21 hereof is
authorized to prescribe regulations governing the carrying out
of the functions and authority vested with respect to his
agency by the provisions of paragraph 21 hereof. Such
regulations shall, to the extent practicable, be uniform with
the regulations prescribed or approved by the Secretary of
Defense under the provisions of Part I of this order.
23. Nothing contained herein shall prejudice any other
authority which any agency named in paragraph 21 hereof may
have to enter into, amend, or modify contracts and to make
advance payments.
24. Nothing contained in this Part shall constitute
authorization thereunder for the amendment of a contract
negotiated under section 302(c)(14) of the Federal Property and
Administrative Services Act of 1949 (63 Stat. 394), as amended
by section 2(b) of the act of August 28, 1958, 72 Stat. 966, to
increase the contract price to an amount higher than the lowest
rejected bid of any responsible bidder.
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.
Executive Order 10865
Safeguarding Classified Information Within Industry
(As Amended by EO 10909, EO 11382, EO 12038, EO 12829, EO
13284)
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Signed: February 20, 1960
Federal Register page and date: 25 FR 1583, February 24, 1960
Amended by: EO 10909, January 17, 1961
EO 11382, November 28, 1967
EO 12038, February 3, 1978
EO 12829, January 6, 1993
EO 13284, January 23, 2003
=======================================================================
WHEREAS it is mandatory that the United States protect
itself against hostile or destructive activities by preventing
unauthorized disclosures of classified information relating to
the national defense; and
WHEREAS it is a fundamental principle of our Government to
protect the interests of individuals against unreasonable or
unwarranted encroachment; and
WHEREAS I find that the provisions and procedures
prescribed by this order are necessary to assure the
preservation of the integrity of classified defense information
and to protect the national interest; and
WHEREAS I find that those provisions and procedures
recognize the interest of individuals affected thereby and
provide maximum possible safeguards to protect such interests:
NOW, THEREFORE, under and by virtue of the authority vested
in me by the Constitution and statutes of the United States,
and as President of the United States and as Commander in Chief
of the armed forces of the United States, it is hereby ordered
as follows:
Section 1. When used in this order, the term `head of a
department' means the Secretary of State, the Secretary of
Defense, the Secretary of Transportation, the Secretary of
Energy, the Nuclear Regulatory Commission, the Administrator of
the National Aeronautics and Space Administration, and, in
section 4, the Attorney General. The term `head of a
department' also means the head of any department or agency,
including but not limited to those referenced above with whom
the Department of Defense makes an agreement to extend
regulations prescribed by the Secretary of Defense concerning
authorizations for access to classified information pursuant to
Executive Order No. 12829.
Sec. 2. An authorization for access to classified information
pursuant to Executive Order No. 12829 may be granted by the
head of a department or his designee, including but not limited
to those officials named in section 8 of this order, to an
individual, hereinafter termed an ``applicant'', for a specific
classification category only upon a finding that it is clearly
consistent with the national interest to do so.
Sec. 3. Except as provided in section 9 of this order, an
authorization for access to a specific classification category
may not be finally denied or revoked pursuant to Executive
Order No. 12829 by the head of a department or his designee,
including, but not limited to, those officials named in section
8 of this order, unless the applicant has been given the
following:
(1) A written statement of the reasons why his
access authorization may be denied or revoked, which
shall be as comprehensive and detailed as the national
security permits.
(2) A reasonable opportunity to reply in writing
under oath or affirmation to the statement of reasons.
(3) After he has filed under oath or affirmation a
written reply to the statement of reasons, the form and
sufficiency of which may be prescribed by regulations
issued by the head of the department concerned, an
opportunity to appear personally before the head of the
department concerned or his designee, including, but
not limited to, those officials named in section 8 of
this order, for the purpose of supporting his
eligibility for access authorization and to present
evidence on his behalf.
(4) A reasonable time to prepare for that
appearance.
(5) An opportunity to be represented by counsel.
(6) An opportunity to cross-examine persons either
orally or through written interrogatories in accordance
with section 4 on matters not relating to the
characterization in the statement of reasons of any
organization or individual other than the applicant.
(7) A written notice of the final decision in his
case which, if adverse, shall specify whether the head
of the department or his designee, including, but not
limited to, those officials named in section 8 of this
order, found for or against him with respect to each
allegation in the statement of reasons.
Sec. 4.
(a) An applicant shall be afforded an opportunity
to cross-examine persons who have made oral or written
statements adverse to the applicant relating to a
controverted issue except that any such statement may
be received and considered without affording such
opportunity in the circumstances described in either of
the following paragraphs:
(1) The head of the department supplying
the statement certifies that the person who
furnished the information is a confidential
informant who has been engaged in obtaining
intelligence information for the Government and
that disclosure of his identity would be
substantially harmful to the national interest.
(2) The head of the department concerned or
his special designee for that particular
purpose has preliminarily determined, after
considering information furnished by the
investigative agency involved as to the
reliability of the person and the accuracy of
the statement concerned, that the statement
concerned appears to be reliable and material,
and the head of the department or such special
designee has determined that failure to receive
and consider such statement would, in view of
the level of access sought, be substantially
harmful to the national security and that the
person who furnished the information cannot
appear to testify (A) due to death, severe
illness, or similar cause, in which case the
identity of the person and the information to
be considered shall be made available to the
applicant, or (B) due to some other cause
determined by the head of the department to be
good and sufficient.
(b) Whenever procedures under paragraphs (1) or (2)
of subsection (a) of this section are used (1) the
applicant shall be given a summary of the information
which shall be as comprehensive and detailed as the
national security permits, (2) appropriate
consideration shall be accorded to the fact that the
applicant did not have an opportunity to cross-examine
such person or persons, and (3) a final determination
adverse to the applicant shall be made only by the head
of the department based upon his personal review of the
case.
Sec. 5.
(a) Records compiled in the regular course of
business, or other physical evidence other than
investigative reports, may be received and considered
subject to rebuttal without authenticating witnesses,
provided that such information has been furnished to
the department concerned by an investigative agency
pursuant to its responsibilities in connection with
assisting the head of the department concerned to
safeguard classified information within industry
pursuant to this order.
(b) Records compiled in the regular course of
business, or other physical evidence other than
investigative reports, relating to a controverted issue
which, because they are classified, may not be
inspected by the applicant, may be received and
considered provided that: (1) the head of the
department concerned or his special designee for that
purpose has made a preliminary determination that such
physical evidence appears to be material, (2) the head
of the department concerned or such designee has made a
determination that failure to receive and consider such
physical evidence would, in view of the level of access
sought, be substantially harmful to the national
security, and (3) to the extent that the national
security permits, a summary or description of such
physical evidence is made available to the applicant.
In every such case, information as to the authenticity
and accuracy of such physical evidence furnished by the
investigative agency involved shall be considered. In
such instances a final determination adverse to the
applicant shall be made only be the head of the
department based upon his personal review of the case.
Sec. 6. The head of a department of United State or his
representative, may issue, in appropriate cases, invitations
and requests to appear and testify in order that the applicant
may have the opportunity to cross-examine as provided by this
order. Whenever a witness is so invited or requested to appear
and testify at a proceeding and the witness is an officer or
employee of the executive branch of the Government or a member
of the armed forces of the United States, and the proceeding
involves the activity in connection with which the witness is
employed, travel expenses and per diem are authorized as
provided by the Standardized Government Travel Regulations or
the Joint Travel Regulations, as appropriate. In all other
cases (including non-Government employees as well as officers
or employees of the executive branch of the Government or
members of the armed forces of the United States not covered by
the foregoing sentence), transportation in kind and
reimbursement for actual expenses are authorized in an amount
not to exceed the amount payable under Standardized Government
Travel Regulations. An office or employee of the executive
branch of the Government or a member of the armed forces of the
United States who is invited or requested to appear pursuant to
this paragraph shall be deemed to be in the performance of his
official duties. So far as the national security permits, the
head of the investigative agency involved shall cooperate with
the Secretary, the Administrator, or the head of the other
department or agency, as the case may be, in identifying
persons who have made statements adverse to the applicant and
in assisting him in making them available for cross-
examination. If a person so invited is an officer or employee
of the executive branch of the Government or a member of the
armed forces of the United States, the head of the department
or agency concerned shall cooperate in making that person
available for cross-examination.
Sec. 7. Any determination under this order adverse to an
applicant shall be a determination in terms of the national
interest and shall in no sense be a determination as to the
loyalty of the applicant concerned.
Sec. 8. Except as otherwise specified in the preceding
provisions of this order, any authority vested in the head of a
department by this order may be delegated to the deputy of that
department, or the principal assistant to the head of that
department, as the case may be.
Sec. 9. Nothing contained in this order shall be deemed to
limit or affect the responsibility and powers of the head of a
department to deny or revoke access to a specific
classification category if the security of the nation so
requires. Such authority may not be delegated and may be
exercised only when the head of a department determines that
the procedures prescribed in sections 3, 4, and 5 cannot be
invoked consistently with the national security and such
determination shall be conclusive.
Executive Order 10977
Establishing the Armed Forces Expeditionary Medal
(As Amended by EO 11382, EO 13286)
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Signed: December 4, 1961
Federal Register page and date: 26 FR 11471, December 5, 1961
Amended by: EO 11382, November 28, 1967
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the Armed Forces of
the United States, it is hereby ordered as follows:
SECTION 1. There is hereby established the Armed Forces
Expeditionary Medal, with ribbons and appurtenances, for award
to personnel of the Armed Forces of the United States who after
July 1, 1958:
(a) Participate, or have participated, as members
of United States military units in a United States
military operation in which personnel of any military
department participate, in the opinion of the Joint
Chiefs of Staff, in significant numbers; and
(b) Encounter, incident to such participation,
foreign armed opposition, or are otherwise placed, or
have been placed, in such position that, in the opinion
of the Joint Chiefs of Staff, hostile action by foreign
armed forces was imminent even though it did not
materialize.
SEC. 2. The medal, with ribbons and appurtenances, shall be of
appropriate design approved by the Secretary of' Defense and
shall be awarded by the Secretary of the military department
directly concerned, and by the Secretary of Homeland Security
with respect to the United States Coast Guard, under uniform
regulations to be issued by the Secretary of Defense.
SEC. 3. The medal shall be awarded only for operations for
which no other United States campaign medal is approved. For
operations in which personnel of only one military department
participate, the medal shall be awarded only if there is no
other suitable award available to that department. No more than
one medal shall be awarded to any one person, but for each
succeeding operation justifying such award a suitable device
may be awarded to be worn on the medal or ribbon as prescribed
by appropriate regulations.
SEC. 4. The medal may be awarded posthumously and, when so
awarded, may be presented to such representative of the
deceased as may be deemed appropriate by the Secretary of the
department concerned.
Executive Order 11016
Authorizing Award of the Purple Heart
(As Amended by EO 11382, EO 12464, EO 13286)
=======================================================================
Signed: April 25, 1962
Federal Register page and date: 27 FR 4139; May 1, 1962
Amended by: EO 11382, November 28, 1967
EO 12464, February 23, 1984
EO 13286, February 28, 2003
=======================================================================
WHEREAS General George Washington, at Newburg-on-the-
Hudson, on August 7,1782, during the War of the Revolution,
issued an Order establishing the Honorary Badge of Distinction,
otherwise known as the Badge of Military Merit or Decoration of
the Purple Heart; and
WHEREAS the award of that decoration ceased with the
closing of the War of the Revolution and was revived on
February 22, 1932, out of respect to the memory and military
achievements of General George Washington, by War Department
General Orders No. .3:
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States and as Commander in Chief of the
armed forces of the United States, it is ordered as follows:
1. The Secretary of a military department, or the Secretary of
Homeland Security with regard to the Coast Guard when not
operating as a service in the Navy, shall, in the name of the
President of the United States, award the Purple Heart, with
suitable ribbons and appurtenances, to any member of an armed
force under the jurisdiction of that department and any
civilian national of the United States who, while serving under
competent authority in any capacity with an armed force of that
department, has been, or may hereafter be, wounded_
(a) in any action against an enemy of the United
States;
(b) in any action with an opposing armed force of a
foreign country in which the armed forces of the United
States are or have been engaged;
(c) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party;
(d) as the result of an act of any such enemy or
opposing armed force;
(e) as tile result of an act of any hostile foreign
force;
(f) after March 28, 1973, as a result of an
international terrorist attack against the United
States or a foreign nation friendly to the United
States, recognized as such an attack for the purposes
of this Order by the Secretary of the department
concerned, or jointly by the Secretaries of the
departments concerned if persons from more than one
department are wounded in the attack; or
(g) after March 28, 1973, as a result of military
operations, while serving outside the territory of the
United States as part of a peacekeeping force.
2. The Secretary of a military department, or the Secretary of
Homeland Security, shall, in the name of the President of the
United States, award the Purple Heart, with suitable ribbons
and appurtenances, posthumously, to any person covered by, and
under the circumstances described in, _
(a) paragraphs 1 (a)-(e) who, after April 5, 1917;
or
(b) paragraphs i (f)-(g) who, after March 28, 1973,
has been, or may hereafter be, killed, or who has died
or may hereafter die after being wounded.
3. A wound for which the award is made must have required
treatment by a medical officer.
4. The Purple Heart shall be forwarded to the next of kin of
any person entitled to the posthumous award, without respect to
whether. a previous award has been made to such person, except
that if the award results from service before December 7, 1941,
the Purple Heart shall be forwarded to such next of kin upon
his application therefor to the Secretary of the department
concerned.
5. Except as authorized in paragraph 4, not more than one
Purple Heart shall he awarded to any person, but for each
subsequent award a Gold Star, or other suitable device, shall
be awarded to be worn with the Purple Heart as prescribed by
appropriate regulations to be issued by the Secretary of the
department concerned.
6. When authorized by the Secretary of the department
concerned, while the award of the Purple Heart may be made by
subordinate military commanders, or such other appropriate
officers as the Secretary concerned may designate.
7. The Secretary of the department concerned may prescribe such
regulations as he considers appropriate to carry out this
order. The regulations of the Secretaries of the departments
with respect to the award of the Purple Heart shall, so far as
practicable, be uniform, and those of the military departments
shall be subject to the approval of the Secretary of Defense.
8. This order supersedes Executive Order No. 10409 of November
12, 1952, entitled ``Award of the Purple Heart to Persons
Serving with the Navy, Marine Corps, or Coast Guard of the
United States''. However, existing regulations prescribed
pursuant to that order, together with regulations prescribed
under the authority of General Orders No. 3, War Department,
February 22, 1932, shall, so far as they are not inconsistent
with this order, remain in effect until modified or revoked by
regulations prescribed by the Secretary of the department
concerned under this order.
Executive Order 11046
Authorizing Award of the Bronze Star Medal
(As Amended by EO 11382, EO 13286)
=======================================================================
Signed: August 24, 1962
Federal Register page and date: 27 FR 8575; August 28, 1962
Amended by: EO 11382, November 28, 1967
EO 13286, February 28, 2003
Supersedes: EO 9419, February 4, 1944
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the armed forces of
the United States, it is hereby ordered as follows:
1. The Bronze Star Medal, with accompanying ribbons and
appurtenances, which was first established by Executive Order
No. 9419 of February 4, 1944, may be awarded by the Secretary
of a military department or the Secretary of Homeland Security
with regard to the Coast Guard when not operating as a service
in the Navy, or by such military commanders, or other
appropriate officers as the Secretary concerned may designated
to any person who, while serving in any capacity in or with the
Army, Navy, Marine Corps, Air Force, or Coast Guard of the
United States, after December 6, 1941, distinguishes, or has
distinguished, himself by heroic or meritorious achievement or
service, not involving participation in aerial flight_
(a) while engaged in an action against an enemy of
the United States;
(b) while engaged in military operations involving
conflict with an opposing foreign force; or
(c) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party.
2. The Bronze Star Medal and appurtenances thereto shall be of
appropriate design approved by the Secretary of Defense, and
shall be awarded under such regulations as the Secretary
concerned may prescribe. Such regulations shall, so far as
practicable, be uniform, and those of the military departments
shall be subject to the approval of the Secretary of Defense.
3. No more than one Bronze Star Medal shall be awarded to any
one person, but for each succeeding heroic or meritorious
achievement or service justifying such an award a suitable
device may be awarded to be worn with the medal as prescribed
by appropriate regulations.
4. The Bronze Star Medal or device may be awarded posthumously
and, when so awarded, may be presented to such representative
of the deceased as may be deemed appropriate by the Secretary
of the department concerned.
5. This order shall supersede Executive Order No. 9419 of
February 4, 1944, entitled ``Bronze Star Medal''. However,
existing regulations prescribed under that order shall, so far
as they are not inconsistent with this order, remain in effect
until modified or revoked by regulations prescribed under this
order by the Secretary of the department concerned.
Executive Order 11079
Authorizing Award of the Bronze Star Medal
(As Amended by EO 11382, EO 12608, EO 13286)
=======================================================================
Signed: January 25, 1963
Federal Register page and date: 28 FR 819; January 29, 1963
Amended by: EO 11382, November 28, 1967
EO 12608, September 9, 1987
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by Section 2603 of
Title 10, United States Code, I hereby designate the Secretary
of Defense with respect to members of the Army, Navy, Air
Force, and Marine Corps, the Secretary of Homeland Security,
with respect to members of the Coast Guard when it is not
operating as a service in the Navy, and the Secretary of Health
and Human Services, with respect to commissioned officers of
the Public Health Service, to prescribe regulations under which
members of the Armed Forces and commissioned officers of the
Public Health Service may accept fellowships, scholarships, or
grants from corporations, funds, foundations, or educational
institutions organized and operated primarily for scientific,
literary, or educational purposes. To the extent practicable,
such regulations shall be uniform.
=======================================================================
Executive Orders Issued by
President Lyndon B. Johnson
(1963-1969)
Executive Orders 11139-11448
=======================================================================
Executive Order 11139
Authorizing Acceptance of the United Nations Medal and Service
Ribbon
(As Amended by EO 11382, EO 12608, EO 13286)
=======================================================================
Signed: January 7, 1964
Federal Register page and date: 29 FR 227; January 9, 1964
Amended by: EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the armed forces of
the United States, I hereby authorize the Secretary of Defense,
with respect to members of the Army, Navy, Air Force, and
Marine Corps, and the Secretary of Homeland Security, with
respect to members of the Coast Guard when it is not operating
as a service in the Navy, to prescribe regulations under which
the United Nations Medal and Service Ribbon may be accepted by
members of the armed forces who have been determined eligible
for consideration in accordance with the Regulations for the
United Nations Medal, promulgated by the United Nations
Organization on July 30, 1959. A determination that service
with the United Nations in a particular geographic area or for
a particular purpose constitutes a justifiable basis for
authorizing acceptance of the United Nations Medal and Service
Ribbon by eligible members of the armed forces of the United
States shall be made with the concurrence of the Secretary of
State.
Executive Order 11190
Providing for the Screening of the Ready Reserve of the Armed
Forces
(As Amended by EO 11382, EO 13286)
=======================================================================
Signed: December 29, 1964
Federal Register page and date: 29 FR 19183; December 31, 1964
Amended by: EO 11382, November 28, 1967
EO 13286, February 28, 2003
Revokes: EO 10651, January 6, 1956
=======================================================================
By virtue of the authority vested in me by section 301 of
title 3 of the United States Code, and as President of the
United States and Commander in Chief of the Armed Forces of the
United States, it is ordered as follows:
Section 1. There is delegated to the Secretary of Defense (and
to the Secretary of Homeland Security with regard to the United
States Coast Guard) the authority vested in the President by
section 271 of title 10 of the United States Code to prescribe
regulations for the screening of units and members of the Ready
Reserve of the Armed Forces.
Sec. 2. Executive Order No. 10651 of January 6, 1956, is
revoked.
Executive Order 11231
Establishing the Vietnam Service Medal
(As Amended by EO 11382, EO 13286)
=======================================================================
Signed: July 8, 1965
Federal Register page and date: 30 FR 8665; July 9, 1965
Amended by: EO 11382, November 28, 1967
EO 13286, February 28, 2003
Terminal date for receiving the medal was set as March 28,
1973, by the Secretary of Defense in a memo (DOD Instruction
1348.15) dated January 26, 1973. A soldier serving in Vietnam
after that date was not eligible for medal
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the armed forces of
the United States, it is ordered as follows:
Section 1. There is hereby established the Vietnam Service
Medal with suitable appurtenances. Except as limited in section
2 of this order, and under uniform regulations to be prescribed
by the Secretaries of the military departments and approved by
the Secretary of Defense, or regulations to be prescribed by
the Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, the
Vietnam Service Medal shall be awarded to members of the armed
forces who serve in Vietnam or contiguous waters or air space,
as defined by such regulations, after July 3, 1965, and before
a terminal date to be prescribed by the Secretary of Defense.
Sec. 2. Notwithstanding section 3 of the Executive Order No.
10977 of December 4, 1961, establishing the Armed Forces
Expeditionary Medal, any member who qualified for that medal by
reason of service in Vietnam between July 1, 1958, and July 4,
1965, shall remain qualified for that medal. Upon application,
any such member may be awarded the Vietnam Service Medal in
lieu of the Armed Forces Expeditionary Medal, but no person may
be awarded both medals by reason of service in Vietnam and no
person shall be entitled to more than one award of the Vietnam
Service Medal.
Sec. 3. The Vietnam Service Medal may be awarded posthumously.
Executive Order 11239
Enforcement of the Convention for Safety of Life at Sea, 1960
(As Amended by EO 11382, EO 13286)
=======================================================================
Signed: July 31, 1965
Federal Register page and date: 30 FR 9671; August 4, 1965
Revokes: EO 7548, February 5, 1937
Supersedes in part: EO 10402, October 30, 1952
Amended by: EO 11382, November 28, 1967
EO 13286, February 28, 2003
Superseded in part by: EO 12234, September 3, 1980
=======================================================================
WHEREAS under Article I of the International Convention for
Safety of Life at Sea, signed at London on June 17, 1960,
ratified by the United States of America, and proclaimed by the
President on March 24, 1965 (TIAS 5780), hereinafter sometimes
referred to as the Convention, the Government of the United
States of America, together with the governments of the other
countries which have become parties to the Convention,
undertakes to give effect to the provisions of the Convention
and of the Regulations annexed thereto, to promulgate all laws,
decrees, orders, and regulations, and to take all other steps
which may be necessary to give the Convention full and complete
effect, so as to insure that, from the point of view of safety
of life, a ship is fit for the service for which it is
intended; and
WHEREAS it is expedient and necessary, in order that the
Government of the United States of America may give full and
complete effect to the Convention, that several departments and
agencies of the Executive Branch of the Government perform
functions and duties thereunder; and
WHEREAS, in accordance with Article XI thereof, the
Convention came into force on May 26, 1965:
NOW, THEREFORE, by virtue of the authority vested in me by
Section 301 of Title 3 of the United States Code and as
President of the United States of America, it is ordered as
follows:
SECTION 1. The Secretary of State, the Secretary of Homeland
Security (acting through the Coast Guard), the Secretary of
Commerce (acting through the Weather Bureau), and the Federal
Communications Commission, respectively, are hereby directed,
in relation to the fulfillment of the obligations undertaken by
the Government of the United States of America under the
Convention, to perform the functions and duties therein
prescribed and undertaken which appertain to the functions and
duties which they severally are now authorized or directed by
law to perform. Each of the Secretaries and the Commission
shall cooperate and assist the others in carrying out the
duties imposed by the Convention and by this order.
SEC. 2. The Secretary of Homeland Security (acting through the
Coast Guard), or such other agency as may be authorized by law
so to do, shall issue certificates as required by the
Convention, and in any case in which a certificate is to
include matter which appertains to the functions and duties
directed or authorized by law to be performed by the head of
any department or agency other than the head of the issuing
agency, the head of the issuing agency shall first ascertain
from the head of the other department or agency his decision
with respect to such matter, and such decision shall be final
and binding.
SEC. 3. In the performance of functions and duties described in
Sections 1 and 2 of this order, the Secretary of Homeland
Security (acting through the Coast Guard) may avail himself of
the services of the American Bureau of Shipping so long as that
Bureau is operated in compliance with Section 25 of the Act of
June 5, 1920, as amended (46 U.S.C. 881), and may make all
necessary provisions for the performance by the Bureau of
specified duties undertaken under the Convention and to permit
the Bureau to issue cargo ship safety construction certificates
to those cargo vessels found to be in compliance with the
Convention, which are classed by the Bureau. The Secretary of
the Treasury (acting through the Coast Guard) shall establish
all necessary regulations required to carry out in the most
effective manner the provisions of the Convention.
SEC. 4. Whenever the Coast Guard operates as a service in the
Navy, the functions to be performed by the Secretary of
Homeland Security (acting through the Coast Guard) under this
order shall vest in and be performed by the Secretary of the
Navy (acting through the Coast Guard).
SEC. 5.
(a) This order supersedes Executive Order No. 10402
of October 30, 1952, entitled `Enforcement of the
Convention for Safety of Life at Sea, 1948,' to the
extent that the International Convention for Safety of
Life at Sea signed at London on June 17, 1960, replaces
and abrogates the International Convention for Safety
of Life at Sea signed at London on June 10, 1948.
(b) Executive Order No. 7548 of February 5, 1937,
entitled `Enforcement of the Convention for Safety of
Life at Sea, 1929,' is hereby revoked.
Executive Order 11366
Assigning Authority to Order Certain Persons in the Ready
Reserve to Active Duty
(As Amended by EO 13286)
=======================================================================
Signed: August 4, 1967
Federal Register page and date: 32 FR 11411; August 8, 1967
Amended by: EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by section 673a of
title 10 of the United States Code, and by section 301 of title
3 of the United States Code, and as President of the United
States, it is hereby ordered as follows:
Section 1.
(a) The Secretary of Defense is hereby authorized
and empowered to exercise the authority vested in the
President by section 673a of title 10 of the United
States Code, to order to active duty any member of the
Ready Reserve of an armed force (except the Coast Guard
when not operating as a service in the Navy) who_
(1) is not assigned to, or participating
satisfactorily in, a unit of the Ready Reserve;
(2) has not fulfilled his statutory reserve
obligation; and
(3) has not served on active duty for a
total of 24 months.
(b) In pursuance of the provisions of section 673a
of title 10 of the United States Code, the Secretary of
Defense is hereby authorized to require a member
ordered to active duty under the authority of this
Order to serve on active duty until his total service
on active duty equals 24 months. If the enlistment or
period of military service of a member of the Ready
Reserve ordered to active duty under this authority
would expire before he has served the required period
of active duty prescribed herein, his enlistment or
period of military service may be extended until he has
served the required period.
(c) In pursuance of the provisions of section 673a
of title 10 of the United States Code, and in order to
achieve fair treatment among members of the Ready
Reserve who are being considered for active duty under
this authority, appropriate consideration shall be
given to_
(1) family responsibilities; and
(2) employment necessary to maintain the
national health, safety, or interest.
Sec. 2.
The Secretary of Homeland Security is hereby authorized and
empowered to exercise the authority vested in the President by
section 673a of title 10 of the United States Code, with
respect to any member of the Ready Reserve of the Coast Guard
when it is not operating as a service in the Navy, under the
same conditions as such authority may be exercised by the
Secretary of Defense under this Order with respect to any
member of the Ready Reserve of any other armed force.
Sec. 3.
(a) The Secretary of Defense may designate any of
the Secretaries of the military departments of the
Department of Defense to exercise the authority vested
in him by section 1 of this Order.
(b) The Secretary of Homeland Security may
designate the Commandant of the United States Coast
Guard to exercise the authority vested in him by
section 2 of this Order.
Sec. 4.
Executive Order No. 11327 of February 15, 1967, is
superseded except with respect to members of the Ready Reserve
ordered to active duty under the authority of that Order.
Executive Order 11423
Providing for the Performance of Certain Functions Heretofore
Performed by the President with Respect to Certain Facilities
Constructed and Maintained on the Borders of the United States
(As Amended by EO 12847, EO 13284, EO 13337)
=======================================================================
Signed: August 16, 1968
Federal Register page and date: 33 FR 11741; August 20, 1968
Amended by: EO 12847, May 17, 1993
EO 13284, January 23, 2003
EO 13337, April 30, 2004
=======================================================================
WHEREAS the proper conduct of the foreign relations of the
United States requires that executive permission be obtained
for the construction and maintenance at the borders of the
United States of facilities connecting the United States with a
foreign country; and
WHEREAS such executive permission has from time to time
been sought and granted in the form of Presidential permits for
the construction, connection, operation, and maintenance at the
borders of the United States of such border crossing facilities
as water supply and oil pipelines, aerial tramways and cable
cars, submarine cables, and lines for the transmission of
electric energy; and
WHEREAS Executive Order No. 10485 of September 3, 1953,
empowers the Federal Power Commission1 to issue permits for the
construction, operation, maintenance, or connection, at the
borders of the United States, of facilities for the
transmission of electric energy between the United States and a
foreign country and for the importation or exportation of
natural gas to or from a foreign country; and
WHEREAS Executive Order No. 10530 of May 10, 1954, empowers
the Federal Communications Commission to issue and revoke
licenses to land submarine cables in the United States; and
WHEREAS it is desirable to provide a systematic method in
connection with the issuance of permits for the construction
and maintenance of other such facilities connecting the United
States with a foreign country:
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States and Commander in Chief of the
Armed Forces of the United States and in conformity with the
provisions of Section 301 of Title 3, United States Code, it is
ordered as follows:
Section 1. Except with respect to facilities covered by
Executive Order Nos. 10485 and 10530, and by section 1(a) of
the Executive Order of April 30, 2004, entitled ``Issuance of
Permits with Respect to Certain Energy-Related Facilities and
Land Transportation Crossings on the International Boundaries
of the United States'' (the order of April 30, 2004), the
Secretary of State is hereby designated and empowered to
receive all applications for Presidential permits for the
construction, connection, operation, or maintenance, at the
borders of the United States, of: (i) pipelines, conveyor
belts, and similar facilities for the exportation or
importation of all products, except those specified in section
1(a) of the order of April 30, 2004, to or from a foreign
country; (ii) facilities for the exportation or importation of
water or sewage to or from a foreign country; (iii) facilities
for the transportation of persons or things, or both, to or
from a foreign country; (iv) bridges, to the extent that
congressional authorization is not required; (v) similar
facilities above or below ground; and (vi) border crossings for
land transportation, including motor and rail vehicles, to or
from a foreign country, whether or not in conjunction with the
facilities identified in (iii) above.
(b) With respect to applications received pursuant
to subsection (a)(i) above, the Secretary of State
shall request the views of the Secretary of the
Treasury, the Secretary of Defense, the Attorney
General, the Secretary of the Interior, the Secretary
of Commerce, the Secretary of Transportation, the
Secretary of Homeland Security, the Interstate Commerce
Commission, and the Director of the Office of Emergency
Planning. With respect to applications received
pursuant to subsection (a)(ii) above, the Secretary of
State shall request the views of the Secretary of
Defense and the Secretary of the Interior. With respect
to applications received pursuant to subsection
(a)(iii), (iv), (v), or (vi) above, the Secretary of
State shall request the views of the Secretary of the
Treasury, the Secretary of Defense, the Attorney
General, and the Secretary of Transportation.
(c) The Secretary of State may also consult with
such other department and agency heads and with such
state and local government officials as he deems
appropriate with respect to each application. All
federal government officials consulted by the Secretary
of State pursuant to this section shall provide such
information and render such assistance as he may
request, consistent with their competence and
authority.
(d) If the Secretary of State finds, after
consideration of the views obtained pursuant to
subsections (b) and (c), that issuance of a permit to
the applicant would serve the national interest, he
shall prepare a permit, in such form and with such
terms and conditions as the national interest may in
his judgment require, and shall notify the officials
required to be consulted under subsection (b) above of
his proposed determination that the permit be issued.
(e) If the Secretary of State finds, after
considerations of the views obtained pursuant to
subsections (b) and (c), that issuance of a permit to
the applicant would not serve the national interest, he
shall notify the officials required to be consulted
under subsection (b) above of his proposed
determination that the application be denied.
(f) The Secretary of State shall issue or deny the
permit in accordance with his proposed determination
unless, within fifteen days after notification pursuant
to subsection (d) or (e) above, an official required to
be consulted under subsection (b) above shall notify
the Secretary of State that he disagrees with the
Secretary's proposed determination and requests the
Secretary to refer the application to the President. In
the event of such a request, the Secretary of State
shall refer the application, together with statements
of the views of the several officials involved, to the
President for his consideration and final decision.
Sec. 2.
(a) The Secretary of State may provide for the
publication in the Federal Register of notice of
receipt of applications, for the receipt of public
comments on applications, and for publication in the
Federal Register of notice of issuance or denial of
applications.
(b) The Secretary of State is authorized to issue
such further rules and regulations, and to prescribe
such further procedures, as he may from time to time
deem necessary or desirable for the exercise of the
authority conferred upon him by this order.
Sec. 3. The authority of the Secretary of State hereunder is
supplemental to, and does not supersede, existing authorities
or delegations relating to importation, exportation,
transmission, or transportation to or from a foreign country.
All permits heretofore issued with respect to matters described
in Section 1 of this order, and in force at the time of
issuance of this order, and all permits issued hereunder, shall
remain in effect in accordance with their terms unless and
until modified, amended, suspended, or revoked by the President
or, upon compliance with the procedures provided for in this
order, by the Secretary of State.
Executive Order 11438
Prescribing Procedures Governing Interdepartmental Cash Awards
to the Members of the Armed Forces
(As Amended by EO 12107, EO 13286)
=======================================================================
Signed: December 3, 1968
Federal Register page and date: 33 FR 18085; December 5, 1968
Amended by: EO 12107, December 28, 1978
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by section 1124(b)
and (e) of title 10, United States Code, and section 301 of
title 3, United States Code, and as President of the United
States, it is ordered as follows:
Section 1. Any suggestion, invention, or scientific achievement
by a member of the armed forces that contributes to the
efficiency, economy, or other improvement of operations of the
Government of the United States through its adoption or use by
an executive department or agency other than the executive
department having jurisdiction over the armed force of the
member concerned may be the basis for honorary recognition or a
cash award by the Secretary of Homeland Security in the case of
a member of the Coast Guard when it is not operating as a
service in the Navy or by the Secretary of Defense in the case
of any other member of the armed forces.
Sec. 2. An executive department or agency that adopts or uses
the suggestion, invention, or scientific achievement of a
member of the armed forces who is not under its jurisdiction
may recommend to the Department of Defense or to the Department
of Homeland Security, as appropriate, a cash award or honorary
recognition of the member and shall justify its recommendation
with appropriate documentation and explanation of how the
suggestion, invention, or scientific achievement contributes to
the efficiency, economy, or other improvement of the operations
of the Government of the United States. Awards shall be made
under regulations to be prescribed by the Secretary of Defense
or the Secretary of Homeland Security, as appropriate. The
regulations of the Department of Defense and Department of
Homeland Security may include designations of officials to whom
authority for receiving, evaluating, and making awards may be
assigned.
Sec. 3. No cash awards hereunder for a single suggestion,
invention, or scientific achievement may exceed $25,000
regardless of the number of agencies or departments which may
adopt or use the suggestion, invention, or scientific
achievement.
Sec. 4. Funds to cover the costs of cash awards to members of
the armed forces shall be transferred from the account of any
executive department or agency which recommends the award to
the appropriate account of the Department of Homeland Security
or the Department of Defense, as the case may be. When several
executive departments or agencies benefit from the adoption or
use of the suggestion, invention, or scientific achievement,
the amount transferred from each such benefiting department or
agency to the Department of Homeland Security or the Department
of Defense to cover the proportionate share of the cost of the
cash award shall be determined under procedures prescribed by
the Office of Personnel Management in accordance with the same
guidelines and standards applying to awards to civilian
employees.
Executive Order 11446
Authorizing the Acceptance of Service Medals and Ribbons from
Multilateral Organizations Other than the United Nations
(As Amended by EO 13286)
=======================================================================
Signed: January 16, 1969
Federal Register page and date: 34 FR 803; January 18, 1969
Amended by: EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the Armed Forces of
the United States, I hereby authorize the Secretary of Defense,
with respect to members of the Army, Navy, Air Force, and
Marine Corps, and the Secretary of Homeland Security, with
respect to members of the Coast Guard when it is not operating
as a service in the Navy, to prescribe regulations for the
acceptance of medals and ribbons which are offered by
multilateral organizations, other than the United Nations, to
members of the Armed Forces of the United States in recognition
of service conducted under the auspices of those organizations.
A determination that service for a multilateral organization in
a particular geographical area or for a particular purpose
constitutes a justifiable basis for authorizing acceptance of
the medal or ribbon offered to eligible members of the Armed
Forces of the United States shall be made with the concurrence
of the Secretary of State.
Executive Order 11448
Establishing the Meritorious Service Medal
(As Amended by EO 12312, EO 13286)
=======================================================================
Signed: January 16, 1969
Federal Register page and date: 34 FR 915; January 22, 1969
Amended by: EO 12312, July 2, 1981
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States and as Commander in Chief of the Armed Forces of
the United States, it is ordered as follows:
Section 1. There is hereby established a Meritorious Service
Medal, with accompanying ribbons and appurtenances, for award
by the Secretary of a military department or the Secretary of
Homeland Security with regard to the Coast Guard when not
operating as a service in the Navy, or by such military
commanders or other appropriate officers as the Secretary
concerned may designate, to any member of the armed forces of
the United States, or to any member of the armed forces of a
friendly foreign nation, who has distinguished himself by
outstanding meritorious achievement or service.
Sec. 2. The Meritorious Service Medal and appurtenances thereto
shall be of appropriate design approved by the Secretary of
Defense, and shall be awarded under such regulations as the
Secretary concerned may prescribe. Such regulations shall, so
far as practicable, be uniform, and those of the military
departments shall be subject to the approval of the Secretary
of Defense.
Sec. 3. No more than one Meritorious Service Medal shall be
awarded to any one person, but for each succeeding outstanding
meritorious achievement or service justifying such an award a
suitable device may be awarded to be worn with the medal as
prescribed by appropriate regulations.
Sec. 4. The Meritorious Service Medal or device may be awarded
posthumously and, when so awarded, may be presented to such
representative of the deceased as may be deemed appropriate by
the Secretary of the department concerned.
=======================================================================
Executive Orders Issued by
President Richard M. Nixon
(1969-1974)
Executive Orders 11623-11645
=======================================================================
Executive Order 11623
Delegating to the Director of Selective Service Authority to
Issue Rules and Regulations Under the Military Selective
Service Act
(As Amended by EO 12608, EO 13286)
=======================================================================
Signed: October 12, 1971
Federal Register page and date: 36 FR 19963; October 14, 1971
Amended by: EO 12608, September 9, 1987
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by the Constitution
and statutes of the United States, including the Military
Selective Service Act, as amended (50 U.S. Code App., sections
451 et seq., hereinafter referred to as the Act), and section
301 of title 3 of the United States Code, it is hereby ordered
as follows:
Section 1. The Director of Selective Service (hereinafter
referred to as the Director) is authorized to prescribe the
necessary rules and regulations to carry out the provisions of
the Act. Regulations heretofore issued by the President to
carry out such provisions shall continue in effect until
amended or revoked by the Director pursuant to the authority
conferred by this Order.
Sec. 2.
(a) In carrying out the provisions of this Order,
the Director shall cause any rule or regulation which
he proposes to issue hereunder to be published in the
Federal Register as required by section 13(b) of the
Act. Prior to such publication, the Director shall
request the views of the Secretary of Defense, the
Attorney General, the Secretary of Labor, the Secretary
of Health and Human Services, the Secretary of Homeland
Security (when the Coast Guard is serving under the
Department of Transportation), the Director of the
Office of Emergency Preparedness, and the Chairman of
the National Selective Service Appeal Board with regard
to such proposed rule or regulation, and shall allow
not less than 10 days for the submission of such views
before publication of the proposed rule or regulation.
(b) Any proposed rule or regulation as published by
the Director shall be furnished to the officials
required to be consulted pursuant to subsection (a).
The Director may (not less than 30 days after
publication in the Federal Register) issue such rule or
regulation as published unless, within 10 days after
being furnished with the proposed rule or regulation as
published, any such official shall notify the Director
that he disagrees therewith and requests that the
matter be referred to the President for decision.
(c) Any rule or regulation issued by the Director
pursuant to this Order shall be published in the
Federal Register with (1) a statement reciting
compliance with the prepublication requirement of
section 13(b) of the Act, and (2) either (i) approval
of such rule or regulation by the President, or (ii) a
certification of the Director that he has requested the
views of the officials required to be consulted
pursuant to subsection (a) and that none of them has
timely requested that the matter be referred to the
President for decision. Such rule or regulation shall
be effective upon such publication in the Federal
Register or on such later date as may be specified
therein.
Sec. 3. Nothing in this Order shall be deemed to (i) authorize
the exercise by the Director of the President's authority to
waive the requirements of section 13(b) of the Act, or (ii)
derogate from the authority of the President himself to waive
the requirements of such section 13(b), or (iii) derogate from
the authority of the President himself to issue such rules or
regulations as he may deem necessary to carry out the
provisions of the Act.
Executive Order 11645
Authority of the Secretary of Homeland Security to Prescribe
Certain Regulations Relating to Coast Guard Housing
(As Amended by EO 13286)
=======================================================================
Signed: February 8, 1972
Federal Register page and date: 37 FR 2923; February 10, 1972
Amended by: EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by section 301 of
title 3 of the United States Code, and as President of the
United States, it is hereby ordered as follows:
Section 1. The Secretary of Homeland Security is designated and
empowered to prescribe (or, under a delegation of the
Secretary's authority, the Commandant of the Coast Guard is
authorized to prescribe) regulations pursuant to section 475(c)
of title 14 of the United States Code, relating to the
designation and leasing of rental housing, without the
approval, ratification, or other action by the President.
Sec. 2. Whenever the entire Coast Guard operates as a service
in the Navy, the reference to the Secretary of Homeland
Security in section 1 of this order shall be deemed to be a
reference to the Secretary of the Navy.
=======================================================================
Executive Orders Issued by
President Gerald R. Ford
(1974-1977)
Executive Orders 11858-11965
=======================================================================
Executive Order 11858
Foreign Investment in the United States
(As Amended by EO 12188, EO 12661, EO 12860, EO 13286, EO
13456)
=======================================================================
Signed: May 7, 1975
Federal Register page and date: 40 FR 20263; May 9, 1975
Amended by: EO 12188, January 2, 1980
EO 12661, December 27, 1988
EO 12860, September 3, 1993
EO 13286, February 28, 2003
EO 13456, January 23, 2008
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 721 of the Defense Production Act of 1950, as
amended (50 U.S.C. App. 2170), and section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Policy. International investment in the United
States promotes economic growth, productivity, competitiveness,
and job creation. It is the policy of the United States to
support unequivocally such investment, consistent with the
protection of the national security.
Sec. 2. Definitions. (a) The ``Act'' as used in this order
means section 721 of the Defense Production Act of 1950, as
amended.
(b) Terms used in this order that are defined in
subsection 721(a) of the Act shall have the same
meaning in this order as they have in such subsection.
(c) ``Risk mitigation measure'' as used in this
order means any provision of a risk mitigation
agreement or a condition to which section 7 of this
order refers.
Sec. 3. Establishment. (a) There is hereby established the
Committee on Foreign Investment in the United States (the
``Committee'') as provided in the Act.
(b) In addition to the members specified in the
Act, the following heads of departments, agencies, or
offices shall be members of the Committee:
(i) The United States Trade Representative;
(ii) The Director of the Office of Science
and Technology Policy; and
(iii) The heads of any other executive
department, agency, or office, as the President
or the Secretary of the Treasury determines
appropriate, on a case-by-case basis.
(c) The following officials (or their designees)
shall observe and, as appropriate, participate in and
report to the President on the Committee's activities:
(i) The Director of the Office of
Management and Budget;
(ii) The Chairman of the Council of
Economic Advisers;
(iii) The Assistant to the President for
National Security Affairs;
(iv) The Assistant to the President for
Economic Policy; and
(v) The Assistant to the President for
Homeland Security and Counterterrorism.
Sec. 4. Duties of the Secretary of the Treasury.
(a) The functions of the President under
subsections (b)(1)(A) (relating to review and
consideration after notification), (b)(1)(D) (relating
to unilateral initiation of review and consideration),
and (m)(3)(A) (relating to inclusion in annual report
and designation) of the Act are assigned to the
Secretary of the Treasury.
(b) The Secretary of the Treasury shall perform the
function of issuance of regulations under section
721(h) of the Act. The Secretary shall consult the
Committee with respect to such regulations prior to any
notice and comment and prior to their issuance.
(c) Except as otherwise provided in the Act or this
order, the chairperson shall have the authority,
exclusive of the heads of departments or agencies,
after consultation with the Committee:
(i) to act, or authorize others to act, on
behalf of the Committee; and
(ii) to communicate on behalf of the
Committee with the Congress and the public.
(d) The chairperson shall coordinate the
preparation of and transmit the annual report to the
Congress provided for in the Act and may assign to any
member of the Committee, as the chairperson determines
appropriate and consistent with the Act, responsibility
for conducting studies and providing analyses necessary
for the preparation of the report.
(e) After consultation with the Committee, the
chairperson may request that the Director of National
Intelligence begin preparing the analysis required by
the Act at any time, including prior to acceptance of
the notice of a transaction, in accordance with
otherwise applicable law. The Director of National
Intelligence shall provide the Director's analysis as
soon as possible and consistent with section 721(b)(4)
of the Act.
Sec. 5. Lead Agency.
(a) The lead agency or agencies (``lead agency'')
shall have primary responsibility, on behalf of the
Committee, for the specific activity for which the
Secretary of the Treasury designates it a lead agency.
(b) In acting on behalf of the Committee, the lead
agency shall keep the Committee fully informed of its
activities. In addition, the lead agency shall notify
the chairperson of any material action that the lead
agency proposes to take on behalf of the Committee,
sufficiently in advance to allow adequate time for the
chairperson to consult the Committee and provide the
Committee's direction to the lead agency not to take,
or to amend, such action.
Sec. 6. Reviews and Investigations.
(a) Any member of the Committee may conduct its own
inquiry with respect to the potential national security
risk posed by a transaction, but communication with the
parties to a transaction shall occur through or in the
presence of the lead agency, or the chairperson if no
lead agency has been designated.
(b) The Committee shall undertake an investigation
of a transaction in any case, in addition to the
circumstances described in the Act, in which following
a review a member of the Committee advises the
chairperson that the member believes that the
transaction threatens to impair the national security
of the United States and that the threat has not been
mitigated.
(c) The Committee shall send a report to the
President requesting the President's decision with
respect to a review or investigation of a transaction
in the following circumstances:
(i) the Committee recommends that the
President suspend or prohibit the transaction;
(ii) the Committee is unable to reach a
decision on whether to recommend that the
President suspend or prohibit the transaction;
or
(iii) the Committee requests that the
President make a determination with regard to
the transaction.
(d) Upon completion of a review or investigation of
a transaction, the lead agency shall prepare for the
approval of the chairperson the appropriate certified
notice or report to the Congress called for under the
Act. The chairperson shall transmit such notice or
report to the Congress, as appropriate.
Sec. 7. Risk Mitigation.
(a) The Committee, or any lead agency acting on
behalf of the Committee, may seek to mitigate any
national security risk posed by a transaction that is
not adequately addressed by other provisions of law by
entering into a mitigation agreement with the parties
to a transaction or by imposing conditions on such
parties.
(b) Prior to the Committee or a department or
agency proposing risk mitigation measures to the
parties to a transaction, the department or agency
seeking to propose any such measure shall prepare and
provide to the Committee a written statement that: (1)
identifies the national security risk posed by the
transaction based on factors including the threat
(taking into account the Director of National
Intelligence's threat analysis), vulnerabilities, and
potential consequences; and (2) sets forth the risk
mitigation measures the department or agency believes
are reasonably necessary to address the risk. If the
Committee agrees that mitigation is appropriate and
approves the risk mitigation measures, the lead agency
shall seek to negotiate such measures with the parties
to the transaction.
(c) A risk mitigation measure shall not, except in
extraordinary circumstances, require that a party to a
transaction recognize, state its intent to comply with,
or consent to the exercise of any authorities under
existing provisions of law.
(d) The lead agency designated for the purpose of
monitoring a risk mitigation measure shall seek to
ensure that adequate resources are available for such
monitoring. When designating a lead agency for those
purposes, the Secretary of the Treasury shall consider
the agency's views on the adequacy of its resources for
such purposes.
(e)(i) Nothing in this order shall be construed to
limit the ability of a department or agency, in the
exercise of authorities other than those provided under
the Act, to:
(A) conduct inquiries with respect
to a transaction;
(B) communicate with the parties to
a transaction; or
(C) negotiate, enter into, impose,
or enforce contractual provisions with
the parties to a transaction.
(ii) A department or agency shall not
condition actions or the exercise of
authorities to which paragraph (i) of this
subsection refers upon the exercise, or
forbearance in the exercise, of its authority
under the Act or this order, and no authority
under the Act shall be available for the
enforcement of such actions or authorities.
(f) The Committee may initiate a review of a
transaction that has previously been reviewed by the
Committee only in the extraordinary circumstances
provided in the Act.
Sec. 8. Additional Assignments to the Committee.
In addition to the functions assigned to the Committee by
the Act, the Committee shall review the implementation of the
Act and this order and report thereon from time to time to the
President, together with such recommendations for policy,
administrative, or legislative proposals as the Committee
determines appropriate.
Sec. 9. Duties of the Secretary of Commerce.
The Secretary of Commerce shall:
(a) obtain, consolidate, and analyze information on
foreign investment in the United States;
(b) monitor and, where necessary, improve
procedures for the collection and dissemination of
information on foreign investment in the United States;
(c) prepare for the public, the President or heads
of departments or agencies, as appropriate, reports,
analyses of trends, and analyses of significant
developments in appropriate categories of foreign
investment in the United States; and
(d) compile and evaluate data on significant
transactions involving foreign investment in the United
States.
Sec. 10. General Provisions.
(a) The heads of departments and agencies shall
provide, as appropriate and to the extent permitted by
law, such information and assistance as the Committee
may request to implement the Act and this order.
(b) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to a
department or agency or the head thereof;
(ii) functions of the Director of the
Office of Management and Budget relating to
budget, administrative, or legislative
proposals; or
(iii) existing mitigation agreements.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(d) Officers of the United States with authority or
duties under the Act or this order shall ensure that,
in carrying out the Act and this order, the actions of
departments, agencies, and the Committee are consistent
with the President's constitutional authority to:
(i) conduct the foreign affairs of the
United States;
(ii) withhold information the disclosure of
which could impair the foreign relations, the
national security, the deliberative processes
of the Executive, or the performance of the
Executive's constitutional duties;
(iii) recommend for congressional
consideration such measures as the President
may judge necessary and expedient; and
(iv) supervise the unitary executive
branch.
Sec. 11. Revocation.
Section 801 of Executive Order 12919 of June 3, 1994, is
revoked.
Executive Order 11926
The Vice Presidential Service Badge
(As Amended by EO 13286, EO 13373)
=======================================================================
Signed: July 19, 1976
Federal Register page and date: 41 FR 29805; July 20, 1976
Amended by: EO 13286, February 28, 2003
EO 13373, March 10, 2005
=======================================================================
By virtue of the authority vested in me as President of the
United States of America, and as Commander in Chief of the
Armed Forces of the United States, it is hereby ordered as
follows:
Section 1. There is established a Vice Presidential Service
Badge to be awarded in the name of the Vice President of the
United States of America to members of the Army, Navy, Marine
Corps, Air Force, and Coast Guard, commissioned corps of the
National Oceanic and Atmospheric Administration, and
commissioned corps of the Public Health Service who have been
assigned to duty in the Office of the Vice President for a
period of at least one year subsequent to December 19, 1974, or
who have been assigned to perform duties predominantly for the
Vice President for a period of at least one year subsequent to
January 20, 2001, in the implementation of Public Law 93-346,
as amended, or in military units and support facilities to
which section 1 of Executive Order 12793 of March 20, 1992, as
amended, refers.
Sec. 2. The Vice Presidential Service Badge may be awarded,
upon recommendation of the Vice President's designee (with the
concurrence of the Director of the White House Military Office
in the case of personnel in military units or support
facilities to which section 1 of Executive Order 12793, as
amended, refers), by the Secretary of the Army, the Secretary
of the Navy, the Secretary of the Air Force, or, when the Coast
Guard is not operating as a service in the Navy, the Secretary
of Homeland Security, to military personnel of their respective
services who have been assigned to duty in the Office of the
Vice President and, in the case of members of the commissioned
corps of the National Oceanic and Atmospheric Administration or
the commissioned corps of the Public Health Service so
assigned, by the Secretary of Commerce or the Secretary of
Health and Human Services, respectively.
Sec. 3. The Vice Presidential Service Badge shall be
accompanied by a certificate, the design of which is attached
hereto and is made a part of this Order. The Vice Presidential
Service Badge shall consist of a white enameled disc surrounded
by 27 gold rays radiating from the center, 1 15 / 16 inches in
diameter overall. Superimposed on the white disc shall be a
gold color device taken from the seal of the Vice President of
the United States. The overall design of the badge shall be as
shown at the top of the certificate which accompanies the Badge
and which is attached to this Order.
Sec. 4. Upon award, the Vice Presidential Service Badge may be
worn as a part of the uniform of an individual both during and
after his assignment to duty in the Office of the Vice
President.
Sec. 5. Only one Vice Presidential Service Badge shall be
awarded to an individual. It may be awarded posthumously.
Sec. 6. Notwithstanding the provisions of Sections 1 and 2 of
this Order, any member of the Army, Navy, Air Force, Marine
Corps, and Coast Guard, commissioned corps of the National
Oceanic and Atmospheric Administration, and commissioned corps
of the Public Health Service,, who has been assigned to duty in
the Office of the Vice President, is authorized, unless
otherwise directed by the Director of the White House Military
Office in the case of personnel in military units or support
facilities to which section 1 of Executive Order 12793, as
amended, refers, to wear the Vice Presidential Service Badge on
his or her uniform commencing on the first day of such duty and
thereafter while assigned to such duty.
Sec. 7. Executive Order No. 11544 of July 8, 1970, is hereby
superseded; however, individuals previously awarded a Vice
Presidential Service Badge under that Order are authorized to
continue to wear such badge as part of their uniform.
Executive Order 11965
Establishing the Humanitarian Service Medal
(As Amended by EO 13286)
=======================================================================
Signed: January 19, 1977
Federal Register page and date: 42 FR 4329; January 24, 1977
Amended by: EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President of the
United States of America, and as Commander in Chief of the
Armed Forces, it is hereby ordered as follows:
Section 1. There is hereby established a Humanitarian Service
Medal with accompanying ribbons and appurtenances for award by
the Secretary of Defense or the Secretary of Homeland Security
with regard to the Coast Guard when not operating as a Service
in the Navy. Individuals eligible for the medal are members of
the Armed Forces of the United States (including Reserve
Components) who, subsequent to April 1, 1975, distinguished
themselves by meritorious participation in a military act or
operation of a humanitarian nature. The Secretary of Defense
and the Secretary of Homeland Security for the Coast Guard will
determine types of acts or operations that warrant award of the
medal.
Sec. 2. The Humanitarian Service Medal and ribbons and
appurtenances thereto shall be of appropriate design approved
by the Secretary of Defense and shall be awarded by the
Secretary of Defense and the Secretary of Homeland Security for
the Coast Guard under uniform regulations, as prescribed by the
Secretary of Defense. The regulations shall place the
Humanitarian Service Medal in an order of precedence
immediately after the Vietnam Service Medal.
Sec. 3. No more than one Humanitarian Service Medal shall be
awarded to any one person, but for each subsequent
participation in a humanitarian act or operation justifying
such an award, a suitable device may be awarded to be worn with
that medal as prescribed by appropriate regulations of the
Military Departments.
Sec. 4. The Humanitarian Service Medal or device may be awarded
posthumously, and when so awarded, may be presented to such
representative of the deceased as may be deemed appropriate by
the Secretary of Defense or the Secretary of Homeland Security.
=======================================================================
Executive Orders Issued by
President Jimmy Carter
(1977-1981)
Executive Orders 12002-12260
=======================================================================
Executive Order 12002
Administration of the Export Administration Act of 1969, as
Amended
(As Amended by EO 12755, EO 13286)
=======================================================================
Signed: July 7, 1977
Federal Register page and date: 42 FR 35623; July 11, 1977
Amended by: EO 12755, March 12, 1991
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me by the Constitution
and statutes of the United States of America, including the
Export Administration Act of 1969, as amended (50 U.S.C. App.
2401, et seq.), and as President of the United States of
America, it is hereby ordered as follows:
SECTION 1. Except as provided in Section 2, the power,
authority, and discretion conferred upon the President by the
provisions of the Export Administration Act of 1969, as amended
(50 U.S.C. App. 2401, et seq.), hereinafter referred to as the
Act, are delegated to the Secretary, of Commerce, with the
power of successive redelegation.
SEC. 2. (a) The power, authority and discretion conferred upon
the President in Sections 4(h) and 4(1) of the Act are retained
by the President.
(b) The power, authority and discretion conferred
upon the President in Section 3(8) of the Act, which
directs that every reasonable effort be made to secure
the removal or reduction of assistance by foreign
countries to international terrorists through
cooperation and agreement, are delegated to the
Secretary of State, with the power of successive
redelegation.
SEC. 3. The Export Administration Review Board, hereinafter
referred to as the Board, which was established by Executive
Order No. 11533 of June 4, 1970, as amended, is hereby
continued. The Board shall continue to have as its members, the
Secretary of Commerce, who shall be Chairman of the Board, the
Secretary of State, and the Secretary of Defense. The Secretary
of Energy, the Secretary of Homeland Security, and the Director
of the United States Arms Control and Disarmament Agency shall
be members of the Board, and shall participate in meetings that
consider issues involving nonproliferation of armaments and
other issues within their respective statutory and policy-
making authorities. The Chairman of the Joint Chiefs of Staff
and the Director of Central Intelligence shall be non-voting
members of the Board. No alternate Board members shall be
designated, but the acting head or deputy head of any
department or agency may serve in lieu of the head of the
concerned department or agency. The Board may invite the heads
of other United States Government departments or agencies,
other than the agencies represented by the Board members, to
participate in the activities of the Board when matters of
interest to such departments or agencies are under
consideration.
SEC. 4. The Secretary of Commerce may from time to time refer
to the Board such particular export license matters, involving
questions of national security or other major policy issues, as
the Secretary shall select. The Secretary of Commerce shall
also refer to the Board any other such export license matter,
upon the request of any other member of the Board or of the
head of any other United States Government department or agency
having any interest in such matter. The Board shall consider
the matters so referred to it, giving due consideration to the
foreign policy of the United States, the national security,
concerns about the nonproliferation of armaments, and the
domestic economy, and shall make recommendation thereon to the
Secretary of Commerce.
SEC. 5. The President may at any time (a) prescribe rules and
regulations applicable to the power, authority, and discretion
referred to in this Order, and (b) communicate to the Secretary
of Commerce such specific directives applicable thereto as the
President shall determine. The Secretary of Commerce shall from
time to time report to the President upon the administration of
the Act and, as the Secretary deems necessary, may refer to the
President recommendations made by the Board under Section 4 of
this Order. Neither the provisions of this section nor those of
Section 4 shall be construed as limiting the provisions of
Section 1 of this Order.
SEC. 6. All delegations, rules, regulations, orders, licenses,
and other forms of administrative action made, issued, or
otherwise taken under, or continued in existence by, the
Executive orders revoked in Section 7 of this Order, and not
revoked administratively or legislatively, shall remain in full
force and effect under this Order until amended, modified, or
terminated by proper authority. The revocations in Section 7 of
this Order shall not affect any violation of any rules,
regulations, orders, licenses or other forms of administrative
action under those Orders during the period those Orders were
in effect.
SEC. 7. Executive Order No. 11533 of June 4, 1970, Executive
Order No. 11683 of August 29, 1972, Executive Order No. 11798
of August 14, 1974, Executive Order No. 11818 of November 5,
1974, Executive Order No. 11907 of March 1, 1976, and Executive
Order No. 11940 of September 30, 1976 are hereby revoked.
Executive Order 12127
Federal Emergency Management Agency
=======================================================================
Signed: March 31, 1979
Federal Register page and date: 44 FR 19367; April 3, 1979
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including Section 304 of Reorganization Plan No. 3 of 1978, and
in order to provide for the orderly activation of the Federal
Emergency Management Agency, it is hereby ordered as follows:
1-101. Reorganization Plan No. 3 of 1978 (43 FR 41943), which
establishes the Federal Emergency Management Agency, provides
for the transfer of functions, and the transfer and abolition
of agencies and offices, is hereby effective.
1-102. The Director of the Office of Management and Budget
shall, in accord with Section 302 of the Reorganization Plan,
provide for all the appropriate transfers, including those
transfers related to all the functions transferred from the
Department of Commerce, the Department of Housing and Urban
Development, and the President.
1-103. (a) The functions transferred from the Department of
Commerce are those vested in the Secretary of Commerce, the
Administrator and Deputy Administrator of the National Fire
Prevention and Control Administration (now the United States
Fire Administration (Sec. 2(a) of Public Law 95-422)), and the
Superintendent of the National Academy for Fire Prevention and
Control pursuant to the Federal Fire Prevention and Control Act
of 1974, as amended (15 U.S.C. 2201 et seq.), but not including
any functions vested by the amendments made to other acts by
Sections 18 and 23 of that Act (15 U.S.C. 278f and 1511). The
functions vested in the Administrator by Sections 24 and 25 of
that Act, as added by Sections 3 and 4 of Public Law 95-422 (15
U.S.C. 2220 and 2221), are not transferred to the Director of
the Federal Emergency Management Agency. Those functions are
transferred with the Administrator and remain vested in him.
(Section 201 of the Plan.)
(b) There was also transferred from the Department
of Commerce any function concerning the Emergency
Broadcast System which was transferred to the Secretary
of Commerce by Section 5B of Reorganization Plan No. 1
of 1977 (42 FR 56101; implemented by Executive Order
No. 12046 of March 27, 1978). (Section 203 of the
Plan.)
1-104. The functions transferred from the Department of Housing
and Urban Development are those vested in the Secretary of
Housing and Urban Development pursuant to Section 15(e) of the
Federal Flood Insurance Act of 1956, as amended (42 U.S.C.
2414(e)), and the National Flood Insurance Act of 1968, as
amended, and the Flood Disaster Protection Act of 1973, as
amended (42 U.S.C. 4001 et seq.), and Section 520(b) of the
National Housing Act, as amended (12 U.S.C. 1735d(b)), to the
extent necessary to borrow from the Treasury to make payments
for reinsured and directly insured losses, and Title XII of the
National Housing Act, as amended (12 U.S.C. 1749bbb et seq.,
and as explained in Section 1 of the National Insurance
Development Act of 1975 (Section 1 of Public Law 94-13 at 12
U.S.C. 1749bbb note)). (Section 202 of the Plan.)
1-105. The functions transferred from the President are those
concerning the Emergency Broadcast System which were
transferred to the President by Section 5 of Reorganization
Plan No. 1 of 1977 (42 FR 56101; implemented by Executive Order
No. 12046 of March 27, 1978). (Section 203 of the Plan.)
1-106. This Order shall be effective Sunday, April 1, 1979.
Executive Order 12139
Exercise of Certain Authority Respecting Electronic
Surveillance
(As amended by EO 13383, EO 13475)
=======================================================================
Signed: May 23, 1979
Federal Register page and date: 44 FR 30311; May 25, 1979
Amends: EO 12036, January 24, 1978
Amended by: EO 12333, December 4, 1981
EO 13383, July 15, 2005
EO 13475, October 7, 2008
=======================================================================
By the authority vested in me as President by Sections 102
and 104 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1802 and 1804), in order to provide as set forth in
that Act for the authorization of electronic surveillance for
foreign intelligence purposes, it is hereby ordered as follows:
Section 1-101. Pursuant to Section 102(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 (a)), the
Attorney General is authorized to approve electronic
surveillance to acquire foreign intelligence information
without a court order, but only if the Attorney General makes
the certifications required by that Section.
Section 1-102. Pursuant to Section 102(b) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 (b)), the
Attorney General is authorized to approve applications to the
court having jurisdiction under Section 103 of that Act (50
U.S.C. 1803) to obtain orders for electronic surveillance for
the purpose of obtaining foreign intelligence information.
Section 1-103. Pursuant to Section 104(a)(6) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804 (a)(6)),
the following officials, each of whom is employed in the area
of national security or defense, is designated to make the
certifications required by Section 104(a)(6) of the Act in
support of applications to conduct electronic surveillance:
(a) Secretary of State;
(b) Secretary of Defense;
(c) Director of Central Intelligence;
(d) Director of the Federal Bureau of
Investigation;
(e) Deputy Secretary of State;
(f) Deputy Secretary of Defense;
(g) Deputy Director of National Intelligence;
(h) Principal Deputy Director of National
Intelligence; and
(i) Deputy Director of the Federal Bureau of
Investigation.
None of the above officials, nor anyone officially acting
in that capacity, may exercise the authority to make the above
certifications, unless that official has been appointed by the
President with the advice and consent of the Senate. The
requirement of the preceding sentence that the named official
must be appointed by the President with the advice and consent
of the Senate does not apply to the Deputy Director of the
Federal Bureau of Investigation.
Section 1-104. Section 2-202 of Executive Order No. 12036 is
amended by inserting the following at the end of that section:
``Any electronic surveillance, as defined in the
Foreign Intelligence Surveillance Act of 1978, shall be
conducted in accordance with that Act as well as this
Order.''.
Section 1-105. Section 2-203 of Executive Order No. 12036 is
amended by inserting the following at the end of that section:
``Any monitoring which constitutes electronic
surveillance as defined in the Foreign Intelligence
Surveillance Act of 1978 shall be conducted in
accordance with that Act as well as this Order.''.
(2) notify an agency if it believes that a major
information system requires outside assistance;
(3) provide guidance on the implementation of this
order and on the management of information resources to
the executive agencies and to the Boards established by
this order; and
(4) evaluate the effectiveness of the management
structure set out in this order after 3 years and make
recommendations for any appropriate changes.
Sec. 7. General Services Administration.
Under the direction of OMB, the Administrator of General
Services shall:
(1) continue to manage the FTS2000 program and
coordinate the follow on to that program, on behalf of
and with the advice of customer agencies;
(2) develop, maintain, and disseminate for the use
of the Federal community, as requested by OMB or the
agencies, recommended methods and strategies for the
development and acquisition of information technology;
(3) conduct and manage outreach programs in
cooperation with agency managers;
(4) be a focal point for liaison on information
resources management, including Federal information
technology, with State and local governments, and with
nongovernmental international organizations subject to
prior consultation with the Secretary of State to
ensure such liaison would be consistent with and
support overall United States foreign policy
objectives;
(5) support the activities of the Secretary of
State for liaison, consultation, and negotiation with
intergovernmental organizations in information
resources management matters;
(6) assist OMB, as requested, in evaluating
agencies' performance-based management tracking systems
and agencies' achievement of cost, schedule, and
performance goals; and
(7) provide support and assistance to the
interagency groups established in this order.
Sec. 8. Department of Commerce.
The Secretary of Commerce shall carry out the standards
responsibilities under the Computer Security Act of 1987, as
amended by the Information Technology Act, taking into
consideration the recommendations of the agencies, the CIO
Council, and the Services Board.
Sec. 9. Department of State.
(a) The Secretary of State shall be responsible for
liaison, consultation, and negotiation with foreign
governments and intergovernmental organizations on all
matters related to information resources management,
including Federal information technology. The Secretary
shall further ensure, in consultation with the
Secretary of Commerce, that the United States is
represented in the development of international
standards and recommendations affecting information
technology. In the exercise of these responsibilities,
the Secretary shall consult, as appropriate, with
affected domestic agencies, organizations, and other
members of the public.
(b) The Secretary of State shall advise the
Director on the development of United States positions
and policies on international information policy and
technology issues affecting Federal Government
activities and the development of international
information technology standards.
Sec. 10. Definitions.
(a) ``Executive agency'' has the meaning given to
that term in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)).
(b) ``Information Technology'' has the meaning
given that term in section 5002 of the Information
Technology Act.
(c) ``Information resources'' has the meaning given
that term in section 3502(6) of title 44, United States
Code.
(d) ``Information resources management'' has the
meaning given that term in section 3502(7) of title 44,
United States Code.
(e) ``Information system'' has the meaning given
that term in section 3502(8) of title 44, United States
Code.
(f) ``Affinity group'' means any interagency group
focussed on a business or technology area with common
information technology or customer requirements. The
functions of an affinity group can include identifying
common program goals and requirements; identifying
opportunities for sharing information to improve
quality and effectiveness; reducing costs and burden on
the public; and recommending protocols and other
standards, including security standards, to the
National Institute of Standards and Technology for
Government wide applicability, for action in accordance
with the Computer Security Act of 1987, as amended by
the Information Technology Act.
(g) ``National security system'' means any
telecommunications or information system operated by
the United States Government, the function, operation,
or use of which
(1) involves intelligence activities;
(2) involves cryptologic activities related
to national security;
(3) involves command and control of
military forces; (4) involves equipment that is
an integral part of a weapon or weapons system;
or (5) is critical to the direct fulfillment of
military or intelligence missions, but
excluding any system that is to be used for
routine administrative and business
applications (including payroll, finance,
logistics, and personnel management
applications).
Sec. 11. Applicability to National Security Systems. The heads
of executive agencies shall apply the policies and procedures
established in this order to national security systems in a
manner consistent with the applicability and related
limitations regarding such systems set out in the Information
Technology Act.
Sec. 12. Judicial Review. Nothing in this Executive order shall
affect any otherwise available judicial review of agency
action. This Executive order is intended only to improve the
internal management of the executive branch and does not create
any right or benefit, substantive or procedural, enforceable at
law or equity by a party against the United States, its
agencies or instrumentalities, its officers or employees, or
any other person.
Executive Order 12146
Management of Federal Legal Resources
(As Amended by EO 12608, EO 13286)
=======================================================================
Signed: July 18, 1979
Federal Register page and date: 44 FR 42657; July 20, 1979
Amended by: EO 12608, September 9, 1987
EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and statutes of the United States of America, it
is hereby ordered as follows:
1.1 Establishment of the Federal Legal Council.
1-101. There is hereby established the Federal Legal Council,
which shall be composed of the Attorney General and the
representatives of not more than 16 other agencies. The agency
representative shall be designated by the head of the agency.
1-102. The initial membership of the Council, in addition to
the Attorney General, shall consist of representatives
designated by the heads of the following agencies:
(a) The Department of Commerce.
(b) The Department of Defense.
(c) The Department of Energy.
(d) The Environmental Protection Agency.
(e) The Equal Employment Opportunity Commission.
(f) The Federal Trade Commission.
(g) The Department of Health, and Human Services.
(h) The Interstate Commerce Commission.
(i) The Department of Labor.
(j) The National Labor Relations Board.
(k) The Securities and Exchange Commission.
(1) The Department of State.
(m) The Department of the Treasury.
(n) The Department of Homeland Security.
(o) The United States Postal Service. and
(p) The Veterans Administration.
-103. The initial members of the Council shall serve for a term
of two years. Thereafter, the agencies which compose the
membership shall be designated annually by the Council and at
least five positions on the Council, other than that held by
the Attorney General, shall rotate annually.
1-104. In addition to the above members, the Directors of the
Office of Management and Budget and the Office of Personnel
Management, or their designees, shall be advisory members of
the Council.
1-105. The Attorney General shall chair the Council and provide
staff for its operation. Representatives of agencies that are
not members of the Council may serve on or chair subcommittees
of the Council.
1-2. Functions of the Council.
1-201. The Council shall promote: (a) coordination and
communication among Federal legal offices;
(b) improved management of Federal lawyers,
associated support personnel, and information systems;
(c) improvements in the training provided to
Federal lawyers;
(d) the facilitation of the personal donation of
pro bono legal services by Federal attorneys;
(e) the use of joint or shared legal facilities in
field offices; and
(f) the delegation of legal work to field offices.
1-202. The Council shall study and seek to resolve problems in
the efficient and effective management of Federal legal
resources that are beyond the capacity or authority of
individual agencies to resolve.
1-203. The Council shall develop recommendations for
legislation and other actions: (a) to increase the efficient
and effective operation and management of Federal legal
resources, including those matters specified in Section 1-201,
and (b) to avoid inconsistent or unnecessary litigation by
agencies.
1-3. Litigation Notice System.
1-301. The Attorney General shall establish and maintain a
litigation notice system that provides timely information about
all civil litigation pending in the courts in which the Federal
Government is a party or has a significant interest.
1-302. The Attorney General shall issue rules to govern
operation of the notice system. The rules shall include the
following requirements:(a) All agencies with authority to
litigate cases in court shall promptly notify the Attorney
General about those cases that fall in classes or categories
designated from time to time by the Attorney General.(b) The
Attorney General shall provide all agencies reasonable access
to the information collected in the litigation notice system.
1-4. Resolution of Interagency Legal Disputes.
1-401. Whenever two or more Executive agencies are unable to
resolve a legal dispute between them, including the question of
which has jurisdiction to administer a particular program or to
regulate a particular activity, each agency is encouraged to
submit the dispute to the Attorney General.
1-402. Whenever two or more Executive agencies whose heads
serve at the pleasure of the President are unable to resolve
such a legal dispute, the agencies shall submit the dispute to
the Attorney General prior to proceeding in any court, except
where there is specific statutory vesting of responsibility for
a resolution elsewhere.
1-5. Access to Legal Opinions.
1-501. In addition to the disclosure now required by law, all
agencies are encouraged to make available for public inspection
and copying other opinions of their legal officers that are
statements of policy or interpretation that have been adopted
by the agency, unless the agency determines that disclosure
would result in demonstrable harm.
1-502. All agencies are encouraged to make available on request
other legal opinions, when the agency determines that
disclosure would not be harmful.
1-6. Automated Legal Research and Information Systems.
1-601. The Attorney General, in coordination with the Secretary
of Defense and other agency heads, shall provide for a
computerized legal research system that will be available to
all Federal law offices on a reimbursable basis. The system may
include in its data base such Federal regulations, case briefs,
and legal opinions, as the Attorney General deems appropriate.
1-602. The Federal Legal Council shall provide leadership for
all Federal legal offices in establishing appropriate word
processing and management information systems.
1-7. Responsibilities of the Agencies.
1-701. Each agency shall (a) review the management and
operation of its legal activities and report in one year to the
Federal Legal Council all steps being taken to improve those
operations, and (b) cooperate with the Federal Legal Council
and the Attorney General in the performance of the functions
provided by this Order.
1-702. To the extent permitted by law, each agency shall
furnish the Federal Legal Council and the Attorney General with
reports, information and assistance as requested to carry out
the provisions of this Order.
Executive Order 12147
Federal Emergency Management Agency
=======================================================================
Signed: March 31, 1979
Federal Register page and date: 44 FR 19367; April 3, 1979
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including Section 304 of Reorganization Plan No. 3 of 1978, and
in order to provide for the orderly activation of the Federal
Emergency Management Agency, it is hereby ordered as follows:
1-101. Reorganization Plan No. 3 of 1978 (43 FR 41943), which
establishes the Federal Emergency Management Agency, provides
for the transfer of functions, and the transfer and abolition
of agencies and offices, is hereby effective.
1-102. The Director of the Office of Management and Budget
shall, in accord with Section 302 of the Reorganization Plan,
provide for all the appropriate transfers, including those
transfers related to all the functions transferred from the
Department of Commerce, the Department of Housing and Urban
Development, and the President.
1-103. (a) The functions transferred from the Department of
Commerce are those vested in the Secretary of Commerce, the
Administrator and Deputy Administrator of the National Fire
Prevention and Control Administration (now the United States
Fire Administration (Sec. 2(a) of Public Law 95-422)), and the
Superintendent of the National Academy for Fire Prevention and
Control pursuant to the Federal Fire Prevention and Control Act
of 1974, as amended (15 U.S.C. 2201 et seq.), but not including
any functions vested by the amendments made to other acts by
Sections 18 and 23 of that Act (15 U.S.C. 278f and 1511). The
functions vested in the Administrator by Sections 24 and 25 of
that Act, as added by Sections 3 and 4 of Public Law 95-422 (15
U.S.C. 2220 and 2221), are not transferred to the Director of
the Federal Emergency Management Agency. Those functions are
transferred with the Administrator and remain vested in him.
(Section 201 of the Plan.)
(b) There was also transferred from the Department
of Commerce any function concerning the Emergency
Broadcast System which was transferred to the Secretary
of Commerce by Section 5B of Reorganization Plan No. 1
of 1977 (42 FR 56101; implemented by Executive Order
No. 12046 of March 27, 1978). (Section 203 of the
Plan.)
1-104. The functions transferred from the Department of Housing
and Urban Development are those vested in the Secretary of
Housing and Urban Development pursuant to Section 15(e) of the
Federal Flood Insurance Act of 1956, as amended (42 U.S.C.
2414(e)), and the National Flood Insurance Act of 1968, as
amended, and the Flood Disaster Protection Act of 1973, as
amended (42 U.S.C. 4001 et seq.), and Section 520(b) of the
National Housing Act, as amended (12 U.S.C. 1735d(b)), to the
extent necessary to borrow from the Treasury to make payments
for reinsured and directly insured losses, and Title XII of the
National Housing Act, as amended (12 U.S.C. 1749bbb et seq.,
and as explained in Section 1 of the National Insurance
Development Act of 1975 (Section 1 of Public Law 94-13 at 12
U.S.C. 1749bbb note)). (Section 202 of the Plan.)
1-105. The functions transferred from the President are those
concerning the Emergency Broadcast System which were
transferred to the President by Section 5 of Reorganization
Plan No. 1 of 1977 (42 FR 56101; implemented by Executive Order
No. 12046 of March 27, 1978). (Section 203 of the Plan.)
1-106. This Order shall be effective Sunday, April 1, 1979.
Executive Order 12148
Federal Emergency Management
(As Amended by EO 12155, EO 12156, EO 12319, EO 12379, EO
12381, EO 12657, EO 12673, EO 13286)
=======================================================================
Signed: July 20, 1979
Federal Register page and date: 44 FR 43239; July 24, 1979
Amended by: EO 12155, September 10, 1979
EO 12156, September 10, 1979
EO 12319, September 9, 1981
EO 12356, April 2, 1982
EO 12379, August 17, 1982
EO 12381, September 8, 1982
EO 12657, November 18, 1988
EO 12673, March 23, 1989
EO 13286, February 28, 2003
Superseded or revoked in part by: EO 12919, June 3, 1994
EO 12657, November 18, 1988
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Federal Civil Defense Act of 1950, as amended (50
U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1970, as
amended (42 U.S.C. Chapter 58 note), the Disaster Relief Act of
1974 (88 Stat. 143; 42 U.S.C. 5121 et seq.), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), Section
4 of Public Law 92-385 (86 Stat. 556), Section 43 of the Act of
August 10, 1956, as amended (50 U.S.C. App. 2285), the National
Security Act of 1947, as amended, the Defense Production Act of
1950, as amended (50 U.S.C. App. 2061 et seq.), Reorganization
Plan No. 1 of 1958, Reorganization Plan No. 1 of 1973, the
Strategic and Critical Materials Stock Piling Act, as amended
(50 U.S.C. 98 et seq.), Section 202 of the Budget and
Accounting Procedures Act of 1950 (31 U.S.C. 581c), and Section
301 of Title 3 of the United States Code, and in order to
transfer emergency functions to the Department of Homeland
Security, it is hereby ordered as follows:
Section 1. Transfers or Reassignments
1-1. Transfer or Reassignment of Existing Functions.
1-101. All functions vested in the President that have been
delegated or assigned to the Defense Civil Preparedness Agency,
Department of Defense, are transferred or reassigned to the
Secretary of Homeland Security.
1-102. All functions vested in the President that have been
delegated or assigned to the Federal Disaster Assistance
Administration, Department of Housing and Urban Development,
are transferred or reassigned to the Secretary of Homeland
Security, including any of those functions redelegated or
reassigned to the Department of Commerce with respect to
assistance to communities in the development of readiness plans
for severe weather-related emergencies.
1-103. All functions vested in the President that have been
delegated or assigned to the Federal Preparedness Agency,
General Services Administration, are transferred or reassigned
to the Secretary of Homeland Security.
1-104. All functions vested in the President by the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.),
including those functions performed by the Office of Science
and Technology Policy, are delegated, transferred, or
reassigned to the Secretary of Homeland Security.
1-2. Transfer or Reassignment of Resources.
1-201. The records, property, personnel and positions, and
unexpended balances of appropriations, available or to be made
available, which relate to the functions transferred,
reassigned, or redelegated by this Order are hereby transferred
to the Secretary of Homeland Security.
1-202. The Director of the Office of Management and Budget
shall make such determinations, issue such orders, and take all
actions necessary or appropriate to effectuate the transfers or
reassignments provided by this Order, including the transfer of
funds, records, property, and personnel.
Section 2. Management of Emergency Planning and Assistance
2-1. General.
2-101. The Secretary of Homeland Security shall establish
Federal policies for, and coordinate, all civil defense and
civil emergency planning, management, mitigation, and
assistance functions of Executive agencies.
2-102. The Director shall periodically review and evaluate the
civil defense and civil emergency functions of the Executive
agencies. In order to improve the efficiency and effectiveness
of those functions, the Director shall recommend to the
President alternative methods of providing Federal planning,
management, mitigation, and assistance.
2-103. The Director shall be responsible for the coordination
of efforts to promote dam safety, for the coordination of
natural and nuclear disaster warning systems, and for the
coordination of preparedness and planning to reduce the
consequences of major terrorist incidents.
2-104. The Director shall represent the President in working
with State and local governments and private sector to
stimulate vigorous participation in civil emergency
preparedness, mitigation, response, and recovery programs.
2-105. The Director shall provide an annual report to the
President for subsequent transmittal to the Congress on the
functions of the Federal Emergency Management Agency. The
report shall assess the current overall state of effectiveness
of Federal civil defense and civil emergency functions,
organizations, resources, and systems and recommend measures to
be taken to improve planning, management, assistance, and
relief by all levels of government, the private sector, and
volunteer organizations.
2-2. Implementation.
2-201. In executing the functions under this Order, the
Director shall develop policies which provide that all civil
defense and civil emergency functions, resources, and systems
of Executive agencies are:
(a) founded on the use of existing organizations,
resources, and systems to the maximum extent
practicable;
(b) integrated effectively with organizations,
resources, and programs of State and local governments,
the private sector and volunteer organizations; and
(c) developed, tested and utilized to prepare for,
mitigate, respond to and recover from the effects on
the population of all forms of emergencies.
2-202. Assignments of civil emergency functions shall, whenever
possible, be based on extensions (under emergency conditions)
of the regular missions of the Executive agencies.
2-203. For purposes of this Order, ``civil emergency'' means
any accidental, natural, man-caused, or wartime emergency or
threat thereof, which causes or may cause substantial injury or
harm to the population or substantial damage to or loss of
property.
2-204. In order that civil defense planning continues to be
fully compatible with the Nation's overall strategic policy,
and in order to maintain an effective link between strategic
nuclear planning and nuclear attack preparedness planning, the
development of civil defense policies and programs by the
Secretary of Homeland Security shall be subject to oversight by
the Secretary of Defense and the National Security Council.
2-205. To the extent authorized by law and within available
resources, the Secretary of Defense shall provide the Secretary
of Homeland Security with support for civil defense programs in
the areas of program development and administration, technical
support, research, communications, transportation,
intelligence, and emergency operations.
2-206. All Executive agencies shall cooperate with and assist
the Director in the performance of his functions.
2-3. Transition Provisions.
2-301. The functions which have been transferred, reassigned,
or redelegated by Section 1 of this Order are recodified and
revised as set forth in this Order at Section 4, and as
provided by the amendments made at Section 5 to the provisions
of other Orders.
2-302. Notwithstanding the revocations, revisions,
codifications, and amendments made by this Order, the Director
may continue to perform the functions transferred to him by
Section 1 of this Order, except where they may otherwise be
inconsistent with the provisions of this Order.
Section 3. Federal Emergency Management Council
3-1. Establishment of the Council.
3-101. There is hereby established the Emergency Management
Council.
3-102. The Council shall be composed of the Secretary of
Homeland Security, who shall be the Chairman, the Director of
the Office of Management and Budget and such others as the
President may designate.
3-2. Functions of the Council.
3-201. The Council shall advise and assist the President in the
oversight and direction of Federal emergency programs and
policies.
3-202. The Council shall provide guidance to the Director of
the Federal Emergency Management Agency in the performance of
functions vested in him.
3-3. Administrative and General Provisions.
3-301. The heads of Executive agencies shall cooperate with and
assist the Council in the performance of its functions.
3-302. The Secretary of Homeland Security shall provide the
Council with such administrative services and support as may be
necessary or appropriate.
Section 4. Delegations
4-1. Delegation of Functions Transferred to the President.
4-101. [Revoked]
4-102. The functions vested in the Director of the Office of
Defense Mobilization by Sections 103 and 303 of the National
Security Act of 1947, as amended by Sections 8 and 50 of the
Act of September 3, 1954 (Public Law 779; 68 Stat. 1228 and
1244) (50 U.S.C. 404 and 405), were transferred to the
President by Section 1(a) of Reorganization Plan No. 1 of 1958,
as amended (50 U.S.C. App. 2271 note), and they are hereby
delegated to the Secretary of Homeland Security.
4-103. (a) The functions vested in the Federal Civil Defense
Administration or its Administrator by the Federal Civil
Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.),
were transferred to the President by Reorganization Plan No. 1
of 1958, and they are hereby delegated to the Secretary of
Homeland Security.
(b) Excluded from the delegation in subsection (a)
is the function under Section 205(a)(4) of the Federal
Civil Defense Act of 1950, as amended (50 U.S.C. App.
2286(a)(4)), relating to the establishment and
maintenance of personnel standards on the merit basis
that was delegated to the Director of the Office of
Personnel Management by Section 1(b) of Executive Order
No. 11589, as amended (Section 2-101(b) of Executive
Order No. 12107).
4-104. The Secretary of Homeland Security is authorized to
redelegate, in accord with the provisions of Section 1(b) of
Reorganization Plan No. 1 of 1958 (50 U.S.C. App. 2271 note),
any of the functions delegated by Sections 4-101, 4-102, and 4-
103 of this Order.
4-105. The functions vested in the Administrator of the Federal
Civil Defense Administration by Section 43 of the Act of August
10, 1956 (70A Stat. 636) were transferred to the President by
Reorganization Plan No. 1 of 1958, as amended (50 U.S.C. App.
2271 note), were subsequently revested in the Director of the
Office of Civil and Defense Mobilization by Section 512 of
Public Law 86-500 (50 U.S.C. App. 2285) [the office was changed
to Office of Emergency Planning by Public Law 87-296 (75 Stat.
630) and to the Office of Emergency Preparedness by Section 402
of Public Law 90-608 (82 Stat. 1194)], were again transferred
to the President by Section 1 of Reorganization Plan No. 1 of
1973 (50 U.S.C. App. 2271 note), and they are hereby delegated
to the Secretary of Homeland Security.
4-106. The functions vested in the Director of the Office of
Emergency Preparedness by Section 16 of the Act of September
23, 1950, as amended (20 U.S.C. 646), and by Section 7 of the
Act of September 30, 1950, as amended (20 U.S.C. 241-1), were
transferred to the President by Section 1 of Reorganization
Plan No. 1 of 1973 (50 U.S.C. App. 2271 note), and they are
hereby delegated to the Secretary of Homeland Security.
4-107. That function vested in the Director of the Office of
Emergency Preparedness by Section 762(a) of the Higher
Education Act of 1965, as added by Section 161(a) of the
Education Amendments of 1972, and as further amended (20 U.S.C.
1132d-l(a)), to the extent transferred to the President by
Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 2271 note),
is hereby delegated to the Secretary of Homeland Security.
4-2. Delegation of Functions Vested in the President.
4-201. The functions vested in the President by the Disaster
Relief Act of 1970, as amended (42 U.S.C. Chapter 58 note), are
hereby delegated to the Secretary of Homeland Security.
4-202. The functions (related to grants for damages resulting
from hurricane and tropical storm Agnes) vested in the
President by Section 4 of Public Law 92-385 (86 Stat. 556) are
hereby delegated to the Secretary of Homeland Security.
4-203. The functions vested in the President by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as
amended (432 U.S.C. 5121 et seq.), except those functions
vested in the President by Section 401 (relating to the
declaration of major disasters and emergencies), Section 501
(relating to the declaration of emergencies), Section 405
(relating to the repair, reconstruction, restoration, or
replacement of Federal facilities), and Section 412 (relating
to food coupons and distribution), are hereby delegated to the
Secretary of Homeland Security.
4-204. The functions vested in the President by the Earthquake
Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et
seq.), are delegated to the Secretary of Homeland Security.
4-205. Effective July 30, 1979, the functions vested in the
President by Section 4(h) of the Commodity Credit Corporation
Charter Act, as amended (15 U.S.C. 714b(h)), are hereby
delegated to the Secretary of Homeland Security.
4-206. Effective July 30, 1979, the functions vested in the
President by Section 204(f) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.
485(f)), are hereby delegated to the Secretary of Homeland
Security.
4-207. The functions vested in the President by Section 502 of
the Federal Civil Defense Act of 1950, as amended (50 U.S.C.
App. 2302), are delegated to the Secretary of Homeland
Security.
Section 5. Other Executive Orders
5-1. Revocations.
5-101. Executive Order No. 10242, as amended, entitled
``Prescribing Regulations Governing the Exercise by the Federal
Civil Defense Administrator of Certain Administrative Authority
Granted by the Federal Civil Defense Act of 1950'', is revoked.
5-102. Sections 1 and 2 of Executive Order No. 10296, as
amended, entitled ``Providing for the Performance of Certain
Defense Housing and Community Facilities and Service
Functions'', are revoked.
5-103. Executive Order No. 10494, as amended, relating to the
disposition of remaining functions, is revoked.
5-104. Executive Order No. 10529, as amended, relating to
federal employee participation in State and local civil defense
programs, is revoked.
5-105. Section 3 of Executive Order No. 10601, as amended,
which concerns the Commodity Set Aside, is revoked.
5-106. Executive Order No. 10634, as amended, relating to loans
for facilities destroyed or damaged by a major disaster, is
revoked.
5-107. Section 4(d)(2) of Executive Order No. 10900, as
amended, which concerns foreign currencies made available to
make purchases for the supplemental stockpile, is revoked.
5-108. Executive Order 10952, as amended, entitled ``Assigning
Civil Defense Responsibilities to the Secretary of Defense and
Others'', is revoked.
5-109. Executive Order 11051, as amended, relating to
responsibilities of the Office of Emergency Preparedness, is
revoked.
5-110. Executive Order 11415, as amended, relating to the
Health Resources Advisory Committee, is revoked.
5-111. Executive Order 11795, as amended, entitled ``Delegating
Disaster Relief Functions Pursuant to the Disaster Relief Act
of 1974'', is revoked, except for Section 3 thereof.
5-112. Executive Order 11725, as amended, entitled ``Transfer
of Certain Functions of the Office of Emergency Preparedness'',
is revoked.
5-113. Executive Order 11749, as amended, entitled
``Consolidating Disaster Relief Functions Assigned to the
Secretary of Housing and Urban Development'' is revoked.
5-2. Amendments.
5-201. Executive Order No. 10421, as amended, relating to
physical security of defense facilities is further amended by
(a) substituting the ``Director of the Federal Emergency
Management Agency'' for ``Director of the Office of Emergency
Planning'' in Sections 1 (a), 1 (c), and 6 (b); and, (b)
substituting ``Federal Emergency Management Agency'' for
``Office of Emergency Planning'' in Sections 6(b) and 7(b).
5-202. Executive Order No. 10480, as amended, is further
amended by (a) substituting ``Director of the Federal Emergency
Management Agency'' for ``Director of the office of Emergency
Planning'' in Sections 101(a), 101(b), 201(a), 201 (b), 301,
304, 307, 308, 310(b), 311(b), 312, 313, 401(b), 401(e), and
605; and, (b) substituting ``Director of the Federal Emergency
Management Agency'' for ``Administrator of General Services''
in Section 610.
5-203. Section 3(d) of Executive Order No. 10582, as amended,
which relates to determinations under the Buy American Act is
amended by deleting ``Director of the Office of Emergency
Planning'' and substituting therefor ``Director of the Federal
Emergency Management Agency''.
5-204. Paragraph 21 of Executive Order No. 10789, as amended,
is further amended by adding ``The Federal Emergency Management
Agency'' after ``Government Printing Office''.
5-205. Executive Order No. 11179, as amended, concerning the
National Defense Executive Reserve, is further amended by
deleting ``Director of the Office of Emergency Planning'' in
Section 2 and substituting therefor ``Director of the Federal
Emergency Management Agency''.
5-206. Section 7 of Executive Order No. 11912, as amended,
concerning energy policy and conservation, is further amended
by deleting ``Administrator of General Services'' and
substituting therefor ``Director of the Federal Emergency
Management Agency''.
5-207. Section 2(d) of Executive Order No. 11988 entitled
``Floodplain Management'' is amended by deleting ``Federal
Insurance Administration'' and substituting therefor ``Director
of the Federal Emergency Management Agency''.
5-208. Section 5-3 of Executive Order No. 12046 of March 29,
1978, is amended by deleting ``General Services
Administration'' and substituting therefor ``Federal Emergency
Management Agency'' and by deleting ``Administrator of General
Services'' and substituting therefor ``Director of the Federal
Emergency Management Agency''.
5-209. Section 1-201 of Executive Order No. 12065 is amended by
adding ``The Director of the Federal Emergency Management
Agency'' after ``The Administrator, National Aeronautics and
Space Administration'' and by deleting ``Director, Federal
Preparedness Agency and to the'' from the parentheses after
``The Administrator of General Services''.
5-210. Section 1-102 of Executive Order No. 12075 of August 16,
1978, is amended by adding in alphabetical order ``(p) Federal
Emergency Management Agency''.
5-211. Section 1-102 of Executive Order No. 12083 of September
27, 1978 is amended by adding in alphabetical order ``(x) the
Director of the Federal Emergency Management Agency''.
5-212. Section 9.11 (b) of Civil Service Rule IX (5 CFR Part 9)
is amended by deleting ``the Defense Civil Preparedness Agency
and''.
5-213. Section 3(2) of each of the following described
Executive orders is amended by adding ``Federal Emergency
Management Agency'' immediately after ``Department of
Transportation''.
(a) Executive Order No. 11331 establishing the
Pacific Northwest River Basins Commission.
(b) Executive Order No. 11345, as amended,
establishing the Great Lakes Basin Commission.
(c) Executive Order No. 11371, as amended,
establishing the New England River Basins Commission.
(d) Executive Order No. 11578, as amended,
establishing the Ohio River Basin Commission.
(e) Executive Order No. 11658, as amended,
establishing the Missouri River Basin Commission.
(f) Executive Order No. 11659, as amended,
establishing the Upper Mississippi River Basin
Commission.
5-214. Executive Order No. 11490, as amended, is further
amended as follows:
(a) Delete the last sentence of Section 102 (a) and
substitute therefor the following: ``The activities
undertaken by the departments and agencies pursuant to
this Order, except as provided in Section 3003, shall
be in accordance with guidance provided by, and subject
to, evaluation by the Director of the Federal Emergency
Management Agency.''.
(b) Delete Section 103 entitled ``Presidential
Assistance'' and substitute the following new Section
103: ``Sec. 103 General Coordination. The Director of
the Federal Emergency Management Agency (FEMA) shall
determine national preparedness goals and policies for
the performance of functions under this Order and
coordinate the performance of such functions with the
total national preparedness programs.''.
(c) Delete the portion of the first sentence of
Section 401 prior to the colon and insert the
following: ``The Secretary of Defense shall perform the
following emergency preparedness functions''.
(d) Delete ``Director of the Federal Preparedness
Agency (GSA)'' or ``the Federal Preparedness Agency
(GSA)'' and substitute therefor ``Director, FEMA'', in
Sections 401 (3), 401 (4), 401 (5), 401 (9), 401 (10),
401 (14), 401 (15), 401(16), 401(19), 401(21), 401(22),
501(8), 601(2), 904(2), 1102(2), 1204 (2), 1401(a),
1701, 1702, 2003, 2004, 2801(5), 3001, 3002(2), 3004,
3005, 3006, 3008, 3010, and 3013.
(e) The number assigned to this Order shall be
substituted for ``11051 of September 27, 1962'' in
Section 3001, and for ``11051'' in Sections 1802,
2002(3), 3002 and 3008 (1).
(f) The number assigned to this Order shall be
substituted for ``10952'' in Sections 1103, 1104, 1205,
and 3002.
(g) Delete ``Department of Defense'' in Sections
502, 601 (1), 804, 905, 1103, 1104, 1106(4), 1205,
2002(8), the first sentence of Section 3002, and
Sections 3008(1) and 3010 and substitute therefor
``Director of the Federal Emergency Management
Agency.''.
Section 6.
This Order is effective July 15, 1979.
Executive Order 12160
Providing For Enhancement and Coordination of Federal Consumer
Programs
(As Amended by EO 12265, EO 13286)
=======================================================================
Signed: September 26, 1979
Federal Register page and date: 44 FR 55787; September 28, 1979
Amended by: EO 12265, January 15, 1981
EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President by the
Constitution of the United States of America, and in order to
improve the management, coordination , and effectiveness of
agency consumer programs, it is ordered as follows:
1-1. Establishment of the Consumer Affairs Council.
1-101. There is hereby established the Consumer Affairs Council
(hereinafter referred to as the ``Council'').
1-102. The Council shall consist of representatives of the
following agencies and such other officers or employees of the
United States as the President may designate as members:
(a) Department of Agriculture.
(b) Department of Commerce.
(c) Department of Defense.
(d) Department of Energy.
(e) Department of Health and Human Services.
(f) Department of Housing and Urban Development.
(g) Department of the Interior.
(h) Department of Justice.
(i) Department of Labor.
(j) Department of State.
(k) Department of Transportation.
(l) Department of the Treasury.
(m) Department of Homeland Security
(n) ACTION Agency.
(o) Administrative Conference of the United States.
(p) Community Services Administration.
(q) Department of Education.
(r) Environmental Protection Agency.
(s) Equal Employment Opportunity Commission.
(t) General Services Administration.
(u) Small Business Administration.
(v) Tennessee Valley Authority.
(w) Veterans Administration.
(x) Commission on Civil Rights is invited to
participate.
Each agency on the Council shall be represented by
the head of the agency or by a senior-level official
designated by the head of the agency.
1-2. Functions of the Council.
1-201. The Council shall provide leadership and coordination to
ensure that agency consumer programs are implemented
effectively; and shall strive to maximize effort, promote
efficiency and interagency cooperation, and to eliminate
duplication and inconsistency among agency consumer programs.
1-3. Designation and Functions of the Chairperson.
1-301. The President shall designate the Chairperson of the
Council (hereinafter referred to as the ``Chairperson'').
1-302. The Chairperson shall be the presiding officer of the
Council and shall determine the times when the Council shall
convene.
1-303. The Chairperson shall establish such policies,
definitions, procedures, and standards to govern the
implementation, interpretation, and application of this Order,
and generally perform such functions and take such steps, as
are necessary or appropriate to carry out the provisions of
this Order.
1-4. Consumer Program Reforms.
1-401. The Chairperson, assisted by the Council, shall ensure
that agencies review and revise their operating procedures so
that consumer needs and interests are adequately considered and
addressed. Agency consumer programs should be tailored to fit
particular agency characteristics, but those programs shall
include, at a minimum, the following five elements:
(a) Consumer Affairs Perspective. Agencies shall
have identifiable, accessible professional staffs of
consumer affairs personnel authorized to participate,
in a manner not inconsistent with applicable statutes,
in the development and review of all agency rules,
policies, programs, and legislation.
(b) Consumer Participation. Agencies shall
establish procedures for the early and meaningful
participation by consumers in the development and
review of all agency rules, policies, and programs.
Such procedures shall include provisions to assure that
consumer concerns are adequately analyzed and
considered in decision making. To facilitate the
expression of those concerns, agencies shall provide
for forums at which consumers can meet with agency
decision-makers. In addition, agencies shall make
affirmative efforts to inform consumers of pending
proceedings and of the opportunities available for
participation therein.
(c) Informational Materials. Agencies shall produce
and distribute materials to inform consumers about the
agencies' responsibilities and services, about their
procedures for consumer participation, and about
aspects of the marketplace for which they have
responsibility. In addition, each agency shall make
available to consumers who attend agency meetings open
to the public materials designed to make those meetings
comprehensible to them.
(d) Education and Training. Agencies shall educate
their staff members about the Federal consumer policy
embodied in this Order and about the agencies' programs
for carrying out that policy. Specialized training
shall be provided to agency consumer affairs personnel
and, to the extent considered appropriate by each
agency and in a manner not inconsistent with applicable
statutes, technical assistance shall be made available
to consumers and their organizations.
(e) Complaint Handling. Agencies shall establish
procedures for systematically logging in,
investigating, and responding to consumer complaints,
and for integrating analyses of complaints into the
development of policy.
1-402. The head of each agency shall designate a senior-level
official within that agency to exercise, as the official's sole
responsibility, policy direction for, and coordination and
oversight of, the agency's consumer activities. The designated
official shall report directly to the head of the agency and
shall apprise the agency head of the potential impact on
consumers of particular policy initiatives under development or
review within the agency.
1-5. Implementation of Consumer Program Reforms.
1-501. Within 60 days after the issuance of this Order, each
agency shall prepare a draft report setting forth with
specificity its program for complying with the requirements of
Section 1-4 above. Each agency shall publish its draft consumer
program in the Federal Register and shall give the public 60
days to comment on the program. A copy of the program shall be
sent to the Council.
1-502. Each agency shall, within 30 days after the close of the
public comment period on its draft consumer program, submit a
revised program to the Chairperson. The Chairperson shall be
responsible, on behalf of the President, for approving agency
programs for compliance with this Order before their final
publication in the Federal Register. Each agency's final
program shall be published no later than 90 days after the
close of the public comment period, and shall include a summary
of public comments on the draft program and a discussion of how
those comments are reflected in the final program.
1-503. Each agency's consumer program shall take effect no
later than 30 days after its final publication in the Federal
Register.
1-504. The Chairperson, with the assistance and advice of the
Council, shall monitor the implementation by agencies of their
consumer programs.
1-505. The Chairperson shall, promptly after the close of the
fiscal year, submit to the President a full report on
government-wide progress under this Order during the previous
fiscal year. In addition, the Chairperson shall evaluate, from
time to time, the consumer programs of particular agencies and
shall report to the President as appropriate. Such evaluations
shall be informed by appropriate consultations with interested
parties.
1-6. Budget Review.
1-601. Each agency shall include a separate consumer program
exhibit in its yearly budget submission to the Office of
Management and Budget. By October 1 of each year the Director
of the Office of Management and Budget shall provide the
Chairperson with a copy of each of these exhibits. The
Chairperson shall thereafter provide OMB with an analysis of
the adequacy of the management of, and the funding and staff
levels for, particular agency consumer programs.
1-7. Civil Service Initiatives.
1-701. In order to strengthen the professional standing of
consumer affairs personnel, and to improve the recruitment and
training of such personnel, the Office of Personnel Management
shall consult with the Council regarding:
(a) the need for new or revised classification and
qualification standard(s), consistent with the
requirements of Title 5, United States Code, to be used
by agencies in their classification of positions which
include significant consumer affairs duties;
(b) the recruitment and selection of employees for
the performance of consumer affairs duties; and
(c) the training and development of employees for
the performance of such duties.
1-8. Administrative Provisions.
1-801. Executive agencies shall cooperate with and assist the
Council and the Chairperson in the performance of their
functions under this Order and shall on a timely basis furnish
them with such reports as they may request.
1-802. The Chairperson shall utilize the assistance of the
United States Office of Consumer Affairs in fulfilling the
responsibilities assigned to the Chairperson tinder this Order.
1-803. The Chairperson shall be responsible for providing the
Council with such administrative services and support as may be
necessary or appropriate; agencies shall assign, to the extent
not inconsistent with applicable statutes, such personnel and
resources to the activities of the Council and the Chairperson
as will enable the Council and the Chairperson to fulfill their
responsibilities under this Order.
1-804. The Chairperson may invite representatives of non-member
agencies, including independent regulatory agencies, to
participate from time to time in the functions of the Council.
1-9. Definitions.
1-901. ``Consumer'' means any individual who uses, purchases,
acquires, attempts to purchase or acquire, or is offered or
furnished any real or personal property, tangible or intangible
goods, services, or credit for personal, family, or household
purposes.
1-902. ``Agency'' or ``agencies'' mean any department or agency
in the executive branch of the Federal government, except that
the term shall not include:
(a) independent regulatory agencies, except as
noted in subsection 1-804;
(b) agencies to the extent that their activities
fall within the categories excepted in Sections 6 (b)
(2), (3), (4),and (6)of Executive Order No. 12044.
(c) agencies to the extent that they demonstrate
within 30 days of the date of issuance of this Order,
to the satisfaction of the Chairperson with the advice
of the Council, that their activities have no
substantial impact upon consumers.
Executive Order 12188
International Trade Functions
(As Amended by EO 12292, EO 13118, EO 13286)
=======================================================================
Signed: January 2, 1980
Federal Register page and date: 45 FR 989; January 4, 1980
Revoked in part by: EO 12292, February 23, 1981
Amended by: EO 13118, March 31, 1999
EO 13286, February 28, 2003
=======================================================================
By the authority vested in me by the Trade Agreements Act
of 1979, the Trade Act of 1974, the Trade Expansion Act of
1962, section 350 of the Tariff Act of 1930, Reorganization
Plan No. 3 of 1979, and section 301 of title 3 of the United
States Code, and as President of the United States, it is
hereby ordered as follows:
SECTION 1-101. The United States Trade Representative.
(a) Except as may be otherwise expressly provided
by law, the United States Trade Representative
(hereinafter referred to as the ``Trade
Representative'') shall be chief representative of the
United States for:
(1) all activities of, or under the
auspices of, the General Agreement on Tariffs
and Trade;
(2) discussions, meetings, and negotiations
in the Organization for Economic Cooperation
and Development when trade or commodity issues
are the primary issues under consideration;
(3) negotiations in the United Nations
Conference on Trade and Development and other
multilateral institutions when trade or
commodity issues are the primary issues under
consideration;
(4) other bilateral or multilateral
negotiations when trade, including East-West
trade, or commodities is the primary issue
under consideration;
(5) negotiations under sections 704 and 734
of the Tariff Act of 1930 (19 U.S.C. 1671c and
1673c); and
(6) negotiations concerning direct
investment incentives and disincentives and
bilateral investment issues concerning barriers
to investment.
For purposes of this subsection, the term
``negotiations'' includes discussions and
meetings with foreign governments and
instrumentalities primarily concerning
preparations for formal negotiations and
policies regarding implementation of agreements
resulting from such negotiations.
(b) The Trade Representative, in consultation with
the Trade Negotiating Committee, shall invite such
members of the Trade Negotiating Committee and
representatives of other departments or agencies as may
be appropriate to participate in the negotiations and
other activities listed in subsection (a).
(c) The Trade Representative, in consultation with
the Trade Negotiating Committee, may delegate to any
member of the Trade Negotiating Committee, or to any
other appropriate department or agency, primary
responsibility for representing the United States in
any of the negotiations and other activities set forth
in subsection (a).
(d) The Trade Representative, or any department or
agency to which responsibility for representing the
United States in a negotiation or other activity has
been delegated pursuant to subsection (c), shall
consult with the Trade Policy Committee and with any
affected regulatory agencies on the policy issues
arising in connection with the negotiations and other
activities listed in subsection (a).
SECTION 1-102. The Trade Policy Committee.
(a) As provided by section 242 of the Trade
Expansion Act of 1962 (19 U.S.C. 1872), the Trade
Policy Committee (hereinafter referred to as the
``Committee'') is continued. The Committee shall have
the functions specified by law or by the President,
including those specified in section 1 (b) (3) of
Reorganization Plan No. 3 of 1979.
(b) The Committee shall be composed of the
following:
(1) The Trade Representative, who shall be
Chair
(2) The Secretary of Commerce, who shall be
Vice Chair
(3) The Secretary of State
(4) The Secretary of the Treasury
(5) The Secretary of Defense
(6) The Attorney General
(7) The Secretary of the Interior
(8) The Secretary of Agriculture
(9) The Secretary of Labor
(10) The Secretary of Transportation
(11) The Secretary of Energy
(12) The Secretary of Homeland Security
(13) The Director of the Office of
Management and Budget
(14) The Chairman of the Council of
Economic Advisers
(15) The Assistant to the President for
National Security Affairs
(16) Administrator of the United States
Agency for International Development.
The Chair and any member of the Committee
may designate a subordinate officer whose
status is not below that of an Assistant
Secretary to serve in his stead when he is
unable to attend any meetings of the Committee.
The Chair may invite representatives from other
agencies to attend the meetings of the
Committee.
(b) (1) There is established, as a subcommittee of
the Committee, a Trade Negotiating Committee which
shall advise the Trade Representative on the management
of negotiations referred to in section 1-101 (a) of
this order. The members of such subcommittee shall be
the Trade Representative (Chair), the Secretary of
State, the Secretary of the Treasury, the Secretary of
Agriculture, the Secretary of Commerce, and the
Secretary of Labor.
(2) The Trade Representative, with the
advice of the Committee, may create additional
subcommittees thereof.
(c) In advising the President on international
trade and related matters, the Trade Representative
shall take into account and reflect the views of the
members of the Committee and of other interested
agencies.
SECTION 1-103. Delegation of Functions.
(a) The function vested in the President by section
412(b) of the Trade Agreements Act of 1979 (19 U.S.C.
2542 (b)) is delegated to the Secretary of Commerce
with regard to the technical office established under
section 412 (a) (1) of such Act and to the Secretary of
Agriculture with regard to the technical office
established under section 412(a)(2) of such Act. In
prescribing the functions of each technical office, the
Secretary concerned shall consult with the Trade
Representative and with all affected regulatory
agencies. The functions delegated by this section shall
be exercised in coordination with the Trade
Representative.
(b) The functions of the President under sections
2(b) and 303 of the Trade Agreements Act of 1979 (19
U.S.C. 2503 (b) and 2513) and section 701(b) of the
Tariff Act of 1930 (19 U.S.C. 1671(b)) are delegated to
the Trade Representative, who shall exercise such
authority with the advice of the Trade Policy
Committee.
SECTION 1-104. Authority Under the Foreign Service Act and
Related Laws.
(a) The Secretary of Commerce (hereinafter referred
to as the ``Secretary'') is authorized to establish a
Foreign Commercial Service in the Department of
Commerce, and a category of career officers of the
Foreign Commercial Service to be known as Foreign
Commercial Officers. For purposes of the utilization by
the Secretary of the authorities granted to the
Secretary under this section, the terms ``Foreign
Service'' and ``Foreign Service Officer'' shall be
construed to mean ``Foreign Commercial Service'' and
``Foreign Commercial Officer'', respectively.
(b) [REVOKED]
(c) The Board of the Foreign Service and the Board
of Examiners for the Foreign Service established by
Executive Order 11264 of December 31, 1965, as amended,
shall exercise with respect to Foreign Service
personnel of the Department of Commerce the functions
delegated to them by that order with respect to Foreign
Service personnel of the Department of State. The
Boards shall perform such additional functions with
respect to Foreign Service personnel of the Department
of Commerce as the Secretary may from time to time
delegate or otherwise assign, consistent with the
functions of such boards.
SECTION 1-105. Prior Executive Orders and Determination.
(a) Section l(b) of Executive Order 11269 of
February 14, 1966, as amended, is amended by adding
``the United States Trade Representative,'' after ``the
Secretary of State,''.
(b) (1) Section 1 of Executive Order 11539 of June
30, 1970, is amended to read as follows:
``Section 1. The United States Trade
Representative, with the concurrence of the
Secretary of Agriculture and the Secretary of
State, is authorized to negotiate bilateral
agreements with representatives of governments
of foreign countries limiting the export from
the respective countries and the importation
into the United States of (1) fresh, chilled,
or frozen cattle meat, (2) fresh, chilled, or
frozen meat of goats and sheep (except lambs),
and (3) prepared and preserved beef and veal
(except sausage) if articles are prepared,
whether fresh, chilled, or frozen, but not
otherwise preserved, that are the products of
such countries.''.
(2) Section 4 of such order is amended by
striking out ``the Secretary of State'' and
inserting in lieu thereof ``the United States
Trade Representative''.
(c) The last sentence of section 1 (a) of Executive
Order 11651 of March 3, 1972, as amended, is amended to
read as follows: ``The United States Trade
Representative, or his designee, also shall be a member
of the Committee.''.
(d) The first sentence of section 3 of Executive
Order 11703 of February 7, 1973, is amended to read as
follows: ``The Oil Policy Committee shall henceforth
consist of the United States Trade Representative,
chair, and the Secretaries of State, Treasury, Defense,
the Interior, Commerce and Energy, the Attorney
General, and the Chairman of the Council of Economic
Advisers, as members.''.
(e) Sections 2(b) and 3(a), the first sentence of
section 3(c), and sections 3 (e), 3(f), and 6 of
Executive Order 11846 of March 27, 1975, as amended,
are revoked.
(f) (1) Section l(a)(5) of Executive Order 11858 of
May 7, 1975, is amended to read: ``(5) The United
States Trade Representative''.
(2) Section 1(a) (6) of such order is
amended to read: ``(6) The Chairman of the
Council of Economic Advisers''.
(g) Executive Order 12096 of November 2, 1978, is
revoked.
(h) The last paragraph of the Presidential
Determination Regarding the Acceptance and Application
of Certain International Trade Agreements (dated
December 14, 1979) (44 FR 74781, at 74784; December 18,
1979), delegating functions under section 2 (b) of the
Trade Agreements Act of 1979 and section 701 (b) of the
Tariff Act of 1930, is revoked.
(i) Any reference to the Office of the Special
Representative for Trade Negotiations or to the Special
Representative for Trade Negotiations in any Executive
order, Proclamation, or other document shall be deemed
to refer to the Office of the United States Trade
Representative or to the United States Trade
Representative, respectively.
SECTION 1-106. Incidental Transfers and Reassignments.
So much of the personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds
employed, used, held, available, or to be made available in
connection with functions transferred or reassigned by the
provisions of this order as the Director of the Office of
Management and Budget shall determine shall be transferred or
reassigned for use in connection with such functions.
SECTION 1-107. Effective Dates.
(a) Sections 1, 2(a), 2(b)(2), 2(c), 2(d), 3, 4,
5(a), 5(b) (2), 5 (c) through (e), and 6 through 8 of
Reorganization Plan No. 3 of 1979, and the provisions
of this order, shall take effect as of January 2, 1980.
(b) Section 5(b) (1) of such plan shall take effect
as of April 1, 1980.
Executive Order 12208
Consultations on the Admission of Refugees
(As Amended by EO 12608, EO 13118, EO 13286)
=======================================================================
Signed: April 15, 1980
Federal Register page and date: 45 FR 25789; April 16, 1980
Amended by: EO 12608, September 9, 1987
EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Refugee Act of 1980 (P.L. 96-212; 8 U.S.C. 1101
note), the Immigration and Nationality Act, as amended (8
U.S.C. 1101 et seq.), and Section 301 of Title 3 of the United
States Code, it is hereby ordered as follows:
1-101. Exclusive of the functions otherwise delegated, or
reserved to the President, by this Order, there are hereby
delegated to the Secretary of State and the Secretary of
Homeland Security, or either of them, the functions of
initiating and carrying out appropriate consultations with
members of the Committees on the Judiciary of the Senate and of
the House of Representatives for purposes of Sections 101 (a)
(42) (B) and 207(a), (b), (d), and (e) of the Immigration and
Nationality Act, as amended (8 U.S.C. 1101 (a) (42) (B) and
1157(a), (b), (d), and (e)).
1-102. There are reserved to the President the following
functions under the Immigration and Nationality Act, as
amended:
(a) To specify special circumstances for purposes
of qualifying persons as refugees under Section 101 (a)
(42) (B).
(b) To make determinations under Sections
207(a)(1), 207(a)(2), 207(a) (3) and 207(b).
(c) To fix the number of refugees to be admitted
under Section 207(b).
1-103. Except to the extent inconsistent with this Order, all
actions previously taken pursuant to any function delegated or
assigned by this Order shall be deemed to have been taken and
authorized by this Order.
Executive Order 12260
Agreement on Government Procurement
(As Amended by EO 12347, EO 12388, EO 12474, EO 13118, EO
13284)
=======================================================================
Signed: December 31, 1980
Federal Register page and date: 46 FR 1653; January 6, 1981
Amended by: EO 12347, February 23, 1982
EO 12388, October 14, 1982
EO 12474, April 17, 1984
EO 13118, March 31, 1999
EO 13284, January 23, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and statutes of the United States of America,
including Title III of the Trade Agreements Act of 1979 (19
U.S.C. 2511-2518), and Section 301 of Title 3 of the United
States Code, and in order to implement the Agreement on
Government Procurement, as defined in 19 U.S.C. 2518(1), it is
hereby ordered as follows:
1-1. Responsibilities.
1-101. The obligations of the Agreement on Government
Procurement (Agreement on Government Procurement, General
Agreement on Tariffs and Trade, 12 April 1979, Geneva (GATT
1979)) apply to any procurement of eligible products by the
Executive agencies listed in the Annex to this Order (eligible
products are defined in Section 308 of the Trade Agreements Act
of 1979; 19 U.S.C. 2518(4)). Such procurement shall be in
accord with the policies and procedures of the Office of
Federal Procurement Policy (41 U.S.C. 401 et seq.).
1-102. The United States Trade Representative, hereinafter
referred to as the Trade Representative, shall be responsible
for interpretation of the Agreement. The Trade Representative
shall seek the advice of the interagency organization
established under Section 242(a) of the Trade Expansion Act of
1962 (19 U.S.C. 1872(a)) and consult with affected Executive
agencies, including the Office of Federal Procurement Policy.
1-103. The interpretation of Article VIII:1 of the Agreement
shall be subject to the concurrence of the Secretary of
Defense.
1-104. The Trade Representative shall determine, from time to
time, the dollar equivalent of 150,000 Special Drawing Right
units and shall publish that determination in the Federal
Register. Procurement of less than 150,000 Special Drawing
Right units is not subject to the Agreement or this Order
(Article I:1(b) of the Agreement).
1-105. In order to ensure coordination of international trade
policy with regard to the implementation of the Agreement,
agencies shall consult in advance with the Trade Representative
about negotiations with foreign governments or
instrumentalities which concern government procurement.
1-2. Delegations and Authorization.
1-201. The functions vested in the President by Sections 301,
302, 304, 305(c) and 306 of the Trade Agreements Act of 1979
(19 U.S.C. 2511, 2512, 2514, 2515(c) and 2516) are delegated to
the Trade Representative.
1-202. Notwithstanding the delegation in Section 1-201, the
Secretary of Defense is authorized, in accord with Section
302(b)(3) of the Trade Agreements Act of 1979 (19 U.S.C.
2512(b)(3), to waive the prohibitions specified therein.
Annex
1. ACTION
2. Administrative Conference of the United States
3. American Battle Monuments Commission
4. Board for International Broadcasting
5. Civil Aeronautics Board1
6. Commission on Civil Rights
7. Commodity Futures Trading Commission
8. Consumer Product Safety Commission
9. LDepartment of Agriculture (The Agreement on
Government Procurement does not apply to procurement of
agricultural products made in furtherance of
agricultural support programs or human feeding
programs)
10. Department of Commerce
11. Department of Defense (Excludes Corps of Engineers)
12. Department of Education
13. Department of Health and Human Services
14. Department of Homeland Security
15. Department of Housing and Urban Development
16. LDepartment of the Interior (Excludes the Bureau of
Reclamation
17. Department of Justice
18. Department of Labor
19. Department of State
20. Department of the Treasury
21. Environmental Protection Agency
22. Equal Employment Opportunity Commission
23. Executive Office of the President
24. Export-Import Bank of the United States
25. Farm Credit Administration
26. Federal Communications Commission
27. Federal Deposit Insurance Corporation
28. Federal Home Loan Bank Board
29. Federal Maritime Commission
30. Federal Mediation and Conciliation Service
31. Federal Trade Commission
32. LGeneral Services Administration (Purchases by the
Tools Commodity Center, and the Region 9 Office in San
Francisco, California are not included)
33. Interstate Commerce Commission
34. Merit Systems Protection Board
35. National Aeronautics and Space Administration
36. National Credit Union Administration
37. National Labor Relations Board
38. National Mediation Board
39. National Science Foundation
40. National Transportation Safety Board
41. Nuclear Regulatory Commission
42. Office of Personnel Management
43. Overseas Private Investment Corporation
44. Panama Canal Commission
45. Railroad Retirement Board
46. Securities and Exchange Commission
47. Selective Service System
48. Smithsonian Institution
49. United States Arms Control and Disarmament Agency
50. United States Information Agency
51. United States Agency for International Development
52. United States International Trade Commission
53. Veterans Administration
54. LMaritime Administration of the Department of
Transportation
55. The Peace Corps
=======================================================================
Executive Orders Issued by
President Ronald Reagan
(1981-1989)
Executive Orders 12333-12657
=======================================================================
Executive Order 12333
United States Intelligence Activities
(As amended by EO 13284, EO 13355, EO 13470)
=======================================================================
Signed: December 4, 1981
Federal Register page and date: 46 FR 59941; December 8, 1981
Amends: EO 12139, May 23, 1979
Amended by: EO 13284, January 23, 2003;
EO 13355, August 27, 2004;
EO 13470, July 30, 2008
Revokes: EO 12036, January 24, 1978
=======================================================================
PREAMBLE
Timely, accurate, and insightful information about the
activities, capabilities, plans, and intentions of foreign
powers, organizations, and persons, and their agents, is
essential to the national security of the United States. All
reasonable and lawful means must be used to ensure that the
United States will receive the best intelligence possible. For
that purpose, by virtue of the authority vested in me by the
Constitution and the laws of the United States of America,
including the National Security Act of 1947, as amended, (Act)
and as President of the United States of America, in order to
provide for the effective conduct of United States intelligence
activities and the protection of constitutional rights, it is
hereby ordered as follows:
PART 1 Goals, Directions, Duties, and Responsibilities with Respect to
United States Intelligence Efforts
1.1 Goals. The United States intelligence effort shall provide
the President, the National Security Council, and the Homeland
Security Council with the necessary information on which to
base decisions concerning the development and conduct of
foreign, defense, and economic policies, and the protection of
United States national interests from foreign security threats.
All departments and agencies shall cooperate fully to fulfill
this goal.
(a) All means, consistent with applicable Federal
law and this order, and with full consideration of the
rights of United States persons, shall be used to
obtain reliable intelligence information to protect the
United States and its interests.
(b) The United States Government has a solemn
obligation, and shall continue in the conduct of
intelligence activities under this order, to protect
fully the legal rights of all United States persons,
including freedoms, civil liberties, and privacy rights
guaranteed by Federal law.
(c) Intelligence collection under this order should
be guided by the need for information to respond to
intelligence priorities set by the President.
(d) Special emphasis should be given to detecting
and countering:
(1) Espionage and other threats and
activities directed by foreign powers or their
intelligence services against the United States
and its interests;
(2) Threats to the United States and its
interests from terrorism; and
(3) Threats to the United States and its
interests from the development, possession,
proliferation, or use of weapons of mass
destruction.
(e) Special emphasis shall be given to the
production of timely, accurate, and insightful reports,
responsive to decision makers in the executive branch,
that draw on all appropriate sources of information,
including open source information, meet rigorous
analytic standards, consider diverse analytic
viewpoints, and accurately represent appropriate
alternative views.
(f) State, local, and tribal governments are
critical partners in securing and defending the United
States from terrorism and other threats to the United
States and its interests. Our national intelligence
effort should take into account the responsibilities
and requirements of State, local, and tribal
governments and, as appropriate, private sector
entities, when undertaking the collection and
dissemination of information and intelligence to
protect the United States.
(g) All departments and agencies have a
responsibility to prepare and to provide intelligence
in a manner that allows the full and free exchange of
information, consistent with applicable law and
presidential guidance.
1.2 The National Security Council.
(a) Purpose. The National Security Council (NSC)
shall act as the highest ranking executive branch
entity that provides support to the President for
review of, guidance for, and direction to the conduct
of all foreign intelligence, counterintelligence, and
covert action, and attendant policies and programs.
(b) Covert Action and Other Sensitive Intelligence
Operations. The NSC shall consider and submit to the
President a policy recommendation, including all
dissents, on each proposed covert action and conduct a
periodic review of ongoing covert action activities,
including an evaluation of the effectiveness and
consistency with current national policy of such
activities and consistency with applicable legal
requirements. The NSC shall perform such other
functions related to covert action as the President may
direct, but shall not undertake the conduct of covert
actions. The NSC shall also review proposals for other
sensitive intelligence operations.
1.3 Director of National Intelligence. Subject to the
authority, direction, and control of the President, the
Director of National Intelligence (Director) shall serve as the
head of the Intelligence Community, act as the principal
adviser to the President, to the NSC, and to the Homeland
Security Council for intelligence matters related to national
security, and shall oversee and direct the implementation of
the National Intelligence Program and execution of the National
Intelligence Program budget. The Director will lead a unified,
coordinated, and effective intelligence effort. In addition,
the Director shall, in carrying out the duties and
responsibilities under this section, take into account the
views of the heads of departments containing an element of the
Intelligence Community and of the Director of the Central
Intelligence Agency.
(a) Except as otherwise directed by the President
or prohibited by law, the Director shall have access to
all information and intelligence described in section
1.5(a) of this order. For the purpose of access to and
sharing of information and intelligence, the Director:
(1) Is hereby assigned the function under
section 3(5) of the Act, to determine that
intelligence, regardless of the source from
which derived and including information
gathered within or outside the United States,
pertains to more than one United States
Government agency; and
(2) Shall develop guidelines for how
information or intelligence is provided to or
accessed by the Intelligence Community in
accordance with section 1.5(a) of this order,
and for how the information or intelligence may
be used and shared by the Intelligence
Community. All guidelines developed in
accordance with this section shall be approved
by the Attorney General and, where applicable,
shall be consistent with guidelines issued
pursuant to section 1016 of the Intelligence
Reform and Terrorism Protection Act of 2004
(Public Law 108-458) (IRTPA).
(b) In addition to fulfilling the obligations and
responsibilities prescribed by the Act, the Director:
(1) Shall establish objectives, priorities,
and guidance for the Intelligence Community to
ensure timely and effective collection,
processing, analysis, and dissemination of
intelligence, of whatever nature and from
whatever source derived;
(2) May designate, in consultation with
affected heads of departments or Intelligence
Community elements, one or more Intelligence
Community elements to develop and to maintain
services of common concern on behalf of the
Intelligence Community if the Director
determines such services can be more
efficiently or effectively accomplished in a
consolidated manner;
(3) Shall oversee and provide advice to the
President and the NSC with respect to all
ongoing and proposed covert action programs;
(4) In regard to the establishment and
conduct of intelligence arrangements and
agreements with foreign governments and
international organizations:
(A) May enter into intelligence and
counterintelligence arrangements and
agreements with foreign governments and
international organizations;
(B) Shall formulate policies
concerning intelligence and
counterintelligence arrangements and
agreements with foreign governments and
international organizations; and
(C) Shall align and synchronize
intelligence and counterintelligence
foreign relationships among the
elements of the Intelligence Community
to further United States national
security, policy, and intelligence
objectives;
(5) Shall participate in the development of
procedures approved by the Attorney General
governing criminal drug intelligence activities
abroad to ensure that these activities are
consistent with foreign intelligence programs;
(6) Shall establish common security and
access standards for managing and handling
intelligence systems, information, and
products, with special emphasis on
facilitating:
(A) The fullest and most prompt
access to and dissemination of
information and intelligence
practicable, assigning the highest
priority to detecting, preventing,
preempting, and disrupting terrorist
threats and activities against the
United States, its interests, and
allies; and
(B) The establishment of standards
for an interoperable information
sharing enterprise that facilitates the
sharing of intelligence information
among elements of the Intelligence
Community;
(7) Shall ensure that appropriate
departments and agencies have access to
intelligence and receive the support needed to
perform independent analysis;
(8) Shall protect, and ensure that programs
are developed to protect, intelligence sources,
methods, and activities from unauthorized
disclosure;
(9) Shall, after consultation with the
heads of affected departments and agencies,
establish guidelines for Intelligence Community
elements for:
(A) Classification and
declassification of all intelligence
and intelligence-related information
classified under the authority of the
Director or the authority of the head
of a department or Intelligence
Community element; and
(B) Access to and dissemination of
all intelligence and intelligence-
related information, both in its final
form and in the form when initially
gathered, to include intelligence
originally classified by the head of a
department or Intelligence Community
element, except that access to and
dissemination of information concerning
United States persons shall be governed
by procedures developed in accordance
with Part 2 of this order;
(10) May, only with respect to Intelligence
Community elements, and after consultation with
the head of the originating Intelligence
Community element or the head of the
originating department, declassify, or direct
the declassification of, information or
intelligence relating to intelligence sources,
methods, and activities. The Director may only
delegate this authority to the Principal Deputy
Director of National Intelligence;
(11) May establish, operate, and direct one
or more national intelligence centers to
address intelligence priorities;
(12) May establish Functional Managers and
Mission Managers, and designate officers or
employees of the United States to serve in
these positions.
(A) Functional Managers shall
report to the Director concerning the
execution of their duties as Functional
Managers, and may be charged with
developing and implementing strategic
guidance, policies, and procedures for
activities related to a specific
intelligence discipline or set of
intelligence activities; set training
and tradecraft standards; and ensure
coordination within and across
intelligence disciplines and
Intelligence Community elements and
with related non-intelligence
activities. Functional Managers may
also advise the Director on: the
management of resources; policies and
procedures; collection capabilities and
gaps; processing and dissemination of
intelligence; technical architectures;
and other issues or activities
determined by the Director.
(i) The Director of the
National Security Agency is
designated the Functional
Manager for signals
intelligence;
(ii) The Director of the
Central Intelligence Agency is
designated the Functional
Manager for human intelligence;
and
(iii) The Director of the
National Geospatial-
Intelligence Agency is
designated the Functional
Manager for geospatial
intelligence.
(B) Mission Managers shall serve as
principal substantive advisors on all
or specified aspects of intelligence
related to designated countries,
regions, topics, or functional issues;
(13) Shall establish uniform criteria for
the determination of relative priorities for
the transmission of critical foreign
intelligence, and advise the Secretary of
Defense concerning the communications
requirements of the Intelligence Community for
the transmission of such communications;
(14) Shall have ultimate responsibility for
production and dissemination of intelligence
produced by the Intelligence Community and
authority to levy analytic tasks on
intelligence production organizations within
the Intelligence Community, in consultation
with the heads of the Intelligence Community
elements concerned;
(15) May establish advisory groups for the
purpose of obtaining advice from within the
Intelligence Community to carry out the
Director's responsibilities, to include
Intelligence Community executive management
committees composed of senior Intelligence
Community leaders. Advisory groups shall
consist of representatives from elements of the
Intelligence Community, as designated by the
Director, or other executive branch
departments, agencies, and offices, as
appropriate;
(16) Shall ensure the timely exploitation
and dissemination of data gathered by national
intelligence collection means, and ensure that
the resulting intelligence is disseminated
immediately to appropriate government elements,
including military commands;
(17) Shall determine requirements and
priorities for, and manage and direct the
tasking, collection, analysis, production, and
dissemination of, national intelligence by
elements of the Intelligence Community,
including approving requirements for collection
and analysis and resolving conflicts in
collection requirements and in the tasking of
national collection assets of Intelligence
Community elements (except when otherwise
directed by the President or when the Secretary
of Defense exercises collection tasking
authority under plans and arrangements approved
by the Secretary of Defense and the Director);
(18) May provide advisory tasking
concerning collection and analysis of
information or intelligence relevant to
national intelligence or national security to
departments, agencies, and establishments of
the United States Government that are not
elements of the Intelligence Community; and
shall establish procedures, in consultation
with affected heads of departments or agencies
and subject to approval by the Attorney
General, to implement this authority and to
monitor or evaluate the responsiveness of
United States Government departments, agencies,
and other establishments;
(19) Shall fulfill the responsibilities in
section 1.3(b)(17) and (18) of this order,
consistent with applicable law and with full
consideration of the rights of United States
persons, whether information is to be collected
inside or outside the United States;
(20) Shall ensure, through appropriate
policies and procedures, the deconfliction,
coordination, and integration of all
intelligence activities conducted by an
Intelligence Community element or funded by the
National Intelligence Program. In accordance
with these policies and procedures:
(A) The Director of the Federal
Bureau of Investigation shall
coordinate the clandestine collection
of foreign intelligence collected
through human sources or through human-
enabled means and counterintelligence
activities inside the United States;
(B) The Director of the Central
Intelligence Agency shall coordinate
the clandestine collection of foreign
intelligence collected through human
sources or through human-enabled means
and counterintelligence activities
outside the United States;
(C) All policies and procedures for
the coordination of counterintelligence
activities and the clandestine
collection of foreign intelligence
inside the United States shall be
subject to the approval of the Attorney
General; and
(D) All policies and procedures
developed under this section shall be
coordinated with the heads of affected
departments and Intelligence Community
elements;
(21) Shall, with the concurrence of the
heads of affected departments and agencies,
establish joint procedures to deconflict,
coordinate, and synchronize intelligence
activities conducted by an Intelligence
Community element or funded by the National
Intelligence Program, with intelligence
activities, activities that involve foreign
intelligence and security services, or
activities that involve the use of clandestine
methods, conducted by other United States
Government departments, agencies, and
establishments;
(22) Shall, in coordination with the heads
of departments containing elements of the
Intelligence Community, develop procedures to
govern major system acquisitions funded in
whole or in majority part by the National
Intelligence Program;
(23) Shall seek advice from the Secretary
of State to ensure that the foreign policy
implications of proposed intelligence
activities are considered, and shall ensure,
through appropriate policies and procedures,
that intelligence activities are conducted in a
manner consistent with the responsibilities
pursuant to law and presidential direction of
Chiefs of United States Missions; and
(24) Shall facilitate the use of
Intelligence Community products by the Congress
in a secure manner.
(c) The Director's exercise of authorities in the
Act and this order shall not abrogate the statutory or
other responsibilities of the heads of departments of
the United States Government or the Director of the
Central Intelligence Agency. Directives issued and
actions taken by the Director in the exercise of the
Director's authorities and responsibilities to
integrate, coordinate, and make the Intelligence
Community more effective in providing intelligence
related to national security shall be implemented by
the elements of the Intelligence Community, provided
that any department head whose department contains an
element of the Intelligence Community and who believes
that a directive or action of the Director violates the
requirements of section 1018 of the IRTPA or this
subsection shall bring the issue to the attention of
the Director, the NSC, or the President for resolution
in a manner that respects and does not abrogate the
statutory responsibilities of the heads of the
departments.
(d) Appointments to certain positions.
(1) The relevant department or bureau head
shall provide recommendations and obtain the
concurrence of the Director for the selection
of: the Director of the National Security
Agency, the Director of the National
Reconnaissance Office, the Director of the
National Geospatial-Intelligence Agency, the
Under Secretary of Homeland Security for
Intelligence and Analysis, the Assistant
Secretary of State for Intelligence and
Research, the Director of the Office of
Intelligence and Counterintelligence of the
Department of Energy, the Assistant Secretary
for Intelligence and Analysis of the Department
of the Treasury, and the Executive Assistant
Director for the National Security Branch of
the Federal Bureau of Investigation. If the
Director does not concur in the recommendation,
the department head may not fill the vacancy or
make the recommendation to the President, as
the case may be. If the department head and the
Director do not reach an agreement on the
selection or recommendation, the Director and
the department head concerned may advise the
President directly of the Director's intention
to withhold concurrence.
(2) The relevant department head shall
consult with the Director before appointing an
individual to fill a vacancy or recommending to
the President an individual be nominated to
fill a vacancy in any of the following
positions: the Under Secretary of Defense for
Intelligence; the Director of the Defense
Intelligence Agency; uniformed heads of the
intelligence elements of the Army, the Navy,
the Air Force, and the Marine Corps above the
rank of Major General or Rear Admiral; the
Assistant Commandant of the Coast Guard for
Intelligence; and the Assistant Attorney
General for National Security.
(e) Removal from certain positions.
(1) Except for the Director of the Central
Intelligence Agency, whose removal the Director
may recommend to the President, the Director
and the relevant department head shall consult
on the removal, or recommendation to the
President for removal, as the case may be, of:
the Director of the National Security Agency,
the Director of the National Geospatial-
Intelligence Agency, the Director of the
Defense Intelligence Agency, the Under
Secretary of Homeland Security for Intelligence
and Analysis, the Assistant Secretary of State
for Intelligence and Research, and the
Assistant Secretary for Intelligence and
Analysis of the Department of the Treasury. If
the Director and the department head do not
agree on removal, or recommendation for
removal, either may make a recommendation to
the President for the removal of the
individual.
(2) The Director and the relevant
department or bureau head shall consult on the
removal of: the Executive Assistant Director
for the National Security Branch of the Federal
Bureau of Investigation, the Director of the
Office of Intelligence and Counterintelligence
of the Department of Energy, the Director of
the National Reconnaissance Office, the
Assistant Commandant of the Coast Guard for
Intelligence, and the Under Secretary of
Defense for Intelligence. With respect to an
individual appointed by a department head, the
department head may remove the individual upon
the request of the Director; if the department
head chooses not to remove the individual,
either the Director or the department head may
advise the President of the department head's
intention to retain the individual. In the case
of the Under Secretary of Defense for
Intelligence, the Secretary of Defense may
recommend to the President either the removal
or the retention of the individual. For
uniformed heads of the intelligence elements of
the Army, the Navy, the Air Force, and the
Marine Corps, the Director may make a
recommendation for removal to the Secretary of
Defense.
(3) Nothing in this subsection shall be
construed to limit or otherwise affect the
authority of the President to nominate,
appoint, assign, or terminate the appointment
or assignment of any individual, with or
without a consultation, recommendation, or
concurrence.
1.4 The Intelligence Community. Consistent with applicable
Federal law and with the other provisions of this order, and
under the leadership of the Director, as specified in such law
and this order, the Intelligence Community shall:
(a) Collect and provide information needed by the
President and, in the performance of executive
functions, the Vice President, the NSC, the Homeland
Security Council, the Chairman of the Joint Chiefs of
Staff, senior military commanders, and other executive
branch officials and, as appropriate, the Congress of
the United States;
(b) In accordance with priorities set by the
President, collect information concerning, and conduct
activities to protect against, international terrorism,
proliferation of weapons of mass destruction,
intelligence activities directed against the United
States, international criminal drug activities, and
other hostile activities directed against the United
States by foreign powers, organizations, persons, and
their agents;
(c) Analyze, produce, and disseminate intelligence;
(d) Conduct administrative, technical, and other
support activities within the United States and abroad
necessary for the performance of authorized activities,
to include providing services of common concern for the
Intelligence Community as designated by the Director in
accordance with this order;
(e) Conduct research, development, and procurement
of technical systems and devices relating to authorized
functions and missions or the provision of services of
common concern for the Intelligence Community;
(f) Protect the security of intelligence related
activities, information, installations, property, and
employees by appropriate means, including such
investigations of applicants, employees, contractors,
and other persons with similar associations with the
Intelligence Community elements as are necessary;
(g) Take into account State, local, and tribal
governments' and, as appropriate, private sector
entities' information needs relating to national and
homeland security;
(h) Deconflict, coordinate, and integrate all
intelligence activities and other information gathering
in accordance with section 1.3(b)(20) of this order;
and
(i) Perform such other functions and duties related
to intelligence activities as the President may direct.
1.5 Duties and Responsibilities of the Heads of Executive
Branch Departments and Agencies. The heads of all departments
and agencies shall:
(a) Provide the Director access to all information
and intelligence relevant to the national security or
that otherwise is required for the performance of the
Director's duties, to include administrative and other
appropriate management information, except such
information excluded by law, by the President, or by
the Attorney General acting under this order at the
direction of the President;
(b) Provide all programmatic and budgetary
information necessary to support the Director in
developing the National Intelligence Program;
(c) Coordinate development and implementation of
intelligence systems and architectures and, as
appropriate, operational systems and architectures of
their departments, agencies, and other elements with
the Director to respond to national intelligence
requirements and all applicable information sharing and
security guidelines, information privacy, and other
legal requirements;
(d) Provide, to the maximum extent permitted by
law, subject to the availability of appropriations and
not inconsistent with the mission of the department or
agency, such further support to the Director as the
Director may request, after consultation with the head
of the department or agency, for the performance of the
Director's functions;
(e) Respond to advisory tasking from the Director
under section 1.3(b)(18) of this order to the greatest
extent possible, in accordance with applicable policies
established by the head of the responding department or
agency;
(f) Ensure that all elements within the department
or agency comply with the provisions of Part 2 of this
order, regardless of Intelligence Community
affiliation, when performing foreign intelligence and
counterintelligence functions;
(g) Deconflict, coordinate, and integrate all
intelligence activities in accordance with section
1.3(b)(20), and intelligence and other activities in
accordance with section 1.3(b)(21) of this order;
(h) Inform the Attorney General, either directly or
through the Federal Bureau of Investigation, and the
Director of clandestine collection of foreign
intelligence and counterintelligence activities inside
the United States not coordinated with the Federal
Bureau of Investigation;
(i) Pursuant to arrangements developed by the head
of the department or agency and the Director of the
Central Intelligence Agency and approved by the
Director, inform the Director and the Director of the
Central Intelligence Agency, either directly or through
his designee serving outside the United States, as
appropriate, of clandestine collection of foreign
intelligence collected through human sources or through
human-enabled means outside the United States that has
not been coordinated with the Central Intelligence
Agency; and
(j) Inform the Secretary of Defense, either
directly or through his designee, as appropriate, of
clandestine collection of foreign intelligence outside
the United States in a region of combat or contingency
military operations designated by the Secretary of
Defense, for purposes of this paragraph, after
consultation with the Director of National
Intelligence.
1.6 Heads of Elements of the Intelligence Community. The heads
of elements of the Intelligence Community shall:
(a) Provide the Director access to all information
and intelligence relevant to the national security or
that otherwise is required for the performance of the
Director's duties, to include administrative and other
appropriate management information, except such
information excluded by law, by the President, or by
the Attorney General acting under this order at the
direction of the President;
(b) Report to the Attorney General possible
violations of Federal criminal laws by employees and of
specified Federal criminal laws by any other person as
provided in procedures agreed upon by the Attorney
General and the head of the department, agency, or
establishment concerned, in a manner consistent with
the protection of intelligence sources and methods, as
specified in those procedures;
(c) Report to the Intelligence Oversight Board,
consistent with Executive Order 13462 of February 29,
2008, and provide copies of all such reports to the
Director, concerning any intelligence activities of
their elements that they have reason to believe may be
unlawful or contrary to executive order or presidential
directive;
(d) Protect intelligence and intelligence sources,
methods, and activities from unauthorized disclosure in
accordance with guidance from the Director;
(e) Facilitate, as appropriate, the sharing of
information or intelligence, as directed by law or the
President, to State, local, tribal, and private sector
entities;
(f) Disseminate information or intelligence to
foreign governments and international organizations
under intelligence or counterintelligence arrangements
or agreements established in accordance with section
1.3(b)(4) of this order;
(g)Participate in the development of procedures
approved by the Attorney General governing production
and dissemination of information or intelligence
resulting from criminal drug intelligence activities
abroad if they have intelligence responsibilities for
foreign or domestic criminal drug production and
trafficking; and
(h) Ensure that the inspectors general, general
counsels, and agency officials responsible for privacy
or civil liberties protection for their respective
organizations have access to any information or
intelligence necessary to perform their official
duties.
1.7 Intelligence Community Elements. Each element of the
Intelligence Community shall have the duties and
responsibilities specified below, in addition to those
specified by law or elsewhere in this order. Intelligence
Community elements within executive departments shall serve the
information and intelligence needs of their respective heads of
departments and also shall operate as part of an integrated
Intelligence Community, as provided in law or this order.
(a) The Central Intelligence Agency. The Director
of the Central Intelligence Agency shall:
(1) Collect (including through clandestine
means), analyze, produce, and disseminate
foreign intelligence and counterintelligence;
(2) Conduct counterintelligence activities
without assuming or performing any internal
security functions within the United States;
(3) Conduct administrative and technical
support activities within and outside the
United States as necessary for cover and
proprietary arrangements;
(4) Conduct covert action activities
approved by the President. No agency except the
Central Intelligence Agency (or the Armed
Forces of the United States in time of war
declared by the Congress or during any period
covered by a report from the President to the
Congress consistent with the War Powers
Resolution, Public Law 93-148) may conduct any
covert action activity unless the President
determines that another agency is more likely
to achieve a particular objective;
(5) Conduct foreign intelligence liaison
relationships with intelligence or security
services of foreign governments or
international organizations consistent with
section 1.3(b)(4) of this order;
(6) Under the direction and guidance of the
Director, and in accordance with section
1.3(b)(4) of this order, coordinate the
implementation of intelligence and
counterintelligence relationships between
elements of the Intelligence Community and the
intelligence or security services of foreign
governments or international organizations; and
(7) Perform such other functions and duties
related to intelligence as the Director may
direct.
(b) The Defense Intelligence Agency. The Director
of the Defense Intelligence Agency shall:
(1) Collect (including through clandestine
means), analyze, produce, and disseminate
foreign intelligence and counterintelligence to
support national and departmental missions;
(2) Collect, analyze, produce, or, through
tasking and coordination, provide defense and
defense-related intelligence for the Secretary
of Defense, the Chairman of the Joint Chiefs of
Staff, combatant commanders, other Defense
components, and non-Defense agencies;(3)
Conduct counterintelligence activities;
(4) Conduct administrative and technical
support activities within and outside the
United States as necessary for cover and
proprietary arrangements;
(5) Conduct foreign defense intelligence
liaison relationships and defense intelligence
exchange programs with foreign defense
establishments, intelligence or security
services of foreign governments, and
international organizations in accordance with
sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of
this order;
(6) Manage and coordinate all matters
related to the Defense Attache system; and
(7) Provide foreign intelligence and
counterintelligence staff support as directed
by the Secretary of Defense.
(c) The National Security Agency. The Director of
the National Security Agency shall:
(1) Collect (including through clandestine
means), process, analyze, produce, and
disseminate signals intelligence information
and data for foreign intelligence and
counterintelligence purposes to support
national and departmental missions;
(2) Establish and operate an effective
unified organization for signals intelligence
activities, except for the delegation of
operational control over certain operations
that are conducted through other elements of
the Intelligence Community. No other department
or agency may engage in signals intelligence
activities except pursuant to a delegation by
the Secretary of Defense, after coordination
with the Director;
(3) Control signals intelligence collection
and processing activities, including assignment
of resources to an appropriate agent for such
periods and tasks as required for the direct
support of military commanders;
(4) Conduct administrative and technical
support activities within and outside the
United States as necessary for cover
arrangements;
(5) Provide signals intelligence support
for national and departmental requirements and
for the conduct of military operations;
(6) Act as the National Manager for
National Security Systems as established in law
and policy, and in this capacity be responsible
to the Secretary of Defense and to the
Director;
(7) Prescribe, consistent with section
102A(g) of the Act, within its field of
authorized operations, security regulations
covering operating practices, including the
transmission, handling, and distribution of
signals intelligence and communications
security material within and among the elements
under control of the Director of the National
Security Agency, and exercise the necessary
supervisory control to ensure compliance with
the regulations; and
(8) Conduct foreign cryptologic liaison
relationships in accordance with sections
1.3(b)(4), 1.7(a)(6), and 1.10(i) of this
order.
(d) The National Reconnaissance Office. The
Director of the National Reconnaissance Office shall:
(1) Be responsible for research and
development, acquisition, launch, deployment,
and operation of overhead systems and related
data processing facilities to collect
intelligence and information to support
national and departmental missions and other
United States Government needs; and
(2) Conduct foreign liaison relationships
relating to the above missions, in accordance
with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i)
of this order.
(e) The National Geospatial-Intelligence Agency.
The Director of the National Geospatial-Intelligence
Agency shall:
(1) Collect, process, analyze, produce, and
disseminate geospatial intelligence information
and data for foreign intelligence and
counterintelligence purposes to support
national and departmental missions;
(2) Provide geospatial intelligence support
for national and departmental requirements and
for the conduct of military operations;
(3) Conduct administrative and technical
support activities within and outside the
United States as necessary for cover
arrangements; and
(4) Conduct foreign geospatial intelligence
liaison relationships, in accordance with
sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of
this order.
(f) The Intelligence and Counterintelligence
Elements of the Army, Navy, Air Force, And Marine
Corps. The Commanders and heads of the intelligence and
counterintelligence elements of the Army, Navy, Air
Force, and Marine Corps shall:
(1) Collect (including through clandestine
means), produce, analyze, and disseminate
defense and defense-related intelligence and
counterintelligence to support departmental
requirements, and, as appropriate, national
requirements;
(2) Conduct counterintelligence activities;
(3) Monitor the development, procurement,
and management of tactical intelligence systems
and equipment and conduct related research,
development, and test and evaluation
activities; and
(4) Conduct military intelligence liaison
relationships and military intelligence
exchange programs with selected cooperative
foreign defense establishments and
international organizations in accordance with
sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of
this order.
(g) Intelligence Elements of the Federal Bureau of
Investigation. Under the supervision of the Attorney
General and pursuant to such regulations as the
Attorney General may establish, the intelligence
elements of the Federal Bureau of Investigation shall:
(1) Collect (including through clandestine
means), analyze, produce, and disseminate
foreign intelligence and counterintelligence to
support national and departmental missions, in
accordance with procedural guidelines approved
by the Attorney General, after consultation
with the Director;
(2) Conduct counterintelligence activities;
and
(3) Conduct foreign intelligence and
counterintelligence liaison relationships with
intelligence, security, and law enforcement
services of foreign governments or
international organizations in accordance with
sections 1.3(b)(4) and 1.7(a)(6) of this order.
(h) The Intelligence and Counterintelligence
Elements of the Coast Guard. The Commandant of the
Coast Guard shall:
(1) Collect (including through clandestine
means), analyze, produce, and disseminate
foreign intelligence and counterintelligence
including defense and defense-related
information and intelligence to support
national and departmental missions;
(2) Conduct counterintelligence activities;
(3) Monitor the development, procurement,
and management of tactical intelligence systems
and equipment and conduct related research,
development, and test and evaluation
activities; and
(4) Conduct foreign intelligence liaison
relationships and intelligence exchange
programs with foreign intelligence services,
security services or international
organizations in accordance with sections
1.3(b)(4), 1.7(a)(6), and, when operating as
part of the Department of Defense, 1.10(i) of
this order.
(i) The Bureau of Intelligence and Research,
Department of State; the Office of Intelligence and
Analysis, Department of the Treasury; the Office of
National Security Intelligence, Drug Enforcement
Administration; the Office of Intelligence and
Analysis, Department of Homeland Security; and the
Office of Intelligence and Counterintelligence,
Department of Energy. The heads of the Bureau of
Intelligence and Research, Department of State; the
Office of Intelligence and Analysis, Department of the
Treasury; the Office of National Security Intelligence,
Drug Enforcement Administration; the Office of
Intelligence and Analysis, Department of Homeland
Security; and the Office of Intelligence and
Counterintelligence, Department of Energy shall:
(1) Collect (overtly or through publicly
available sources), analyze, produce, and
disseminate information, intelligence, and
counterintelligence to support national and
departmental missions; and
(2) Conduct and participate in analytic or
information exchanges with foreign partners and
international organizations in accordance with
sections 1.3(b)(4) and 1.7(a)(6) of this order.
(j) The Office of the Director of National
Intelligence. The Director shall collect (overtly or
through publicly available sources), analyze, produce,
and disseminate information, intelligence, and
counterintelligence to support the missions of the
Office of the Director of National Intelligence,
including the National Counterterrorism Center, and to
support other national missions.
1.8 The Department of State. In addition to the authorities
exercised by the Bureau of Intelligence and Research under
sections 1.4 and 1.7(i) of this order, the Secretary of State
shall:
(a) Collect (overtly or through publicly available
sources) information relevant to United States foreign
policy and national security concerns;
(b) Disseminate, to the maximum extent possible,
reports received from United States diplomatic and
consular posts;
(c) Transmit reporting requirements and advisory
taskings of the Intelligence Community to the Chiefs of
United States Missions abroad; and
(d) Support Chiefs of United States Missions in
discharging their responsibilities pursuant to law and
presidential direction.
1.9 The Department of the Treasury. In addition to the
authorities exercised by the Office of Intelligence and
Analysis of the Department of the Treasury under sections 1.4
and 1.7(i) of this order the Secretary of the Treasury shall
collect (overtly or through publicly available sources) foreign
financial information and, in consultation with the Department
of State, foreign economic information.
1.10 The Department of Defense. The Secretary of Defense shall:
(a) Collect (including through clandestine means),
analyze, produce, and disseminate information and
intelligence and be responsive to collection tasking
and advisory tasking by the Director;
(b) Collect (including through clandestine means),
analyze, produce, and disseminate defense and defense-
related intelligence and counterintelligence, as
required for execution of the Secretary's
responsibilities;
(c) Conduct programs and missions necessary to
fulfill national, departmental, and tactical
intelligence requirements;
(d) Conduct counterintelligence activities in
support of Department of Defense components and
coordinate counterintelligence activities in accordance
with section 1.3(b)(20) and (21) of this order;
(e) Act, in coordination with the Director, as the
executive agent of the United States Government for
signals intelligence activities;
(f) Provide for the timely transmission of critical
intelligence, as defined by the Director, within the
United States Government;
(g) Carry out or contract for research,
development, and procurement of technical systems and
devices relating to authorized intelligence functions;
(h) Protect the security of Department of Defense
installations, activities, information, property, and
employees by appropriate means, including such
investigations of applicants, employees, contractors,
and other persons with similar associations with the
Department of Defense as are necessary;
(i) Establish and maintain defense intelligence
relationships and defense intelligence exchange
programs with selected cooperative foreign defense
establishments, intelligence or security services of
foreign governments, and international organizations,
and ensure that such relationships and programs are in
accordance with sections 1.3(b)(4), 1.3(b)(21) and
1.7(a)(6) of this order;
(j) Conduct such administrative and technical
support activities within and outside the United States
as are necessary to provide for cover and proprietary
arrangements, to perform the functions described in
sections (a) though (i) above, and to support the
Intelligence Community elements of the Department of
Defense; and
(k) Use the Intelligence Community elements within
the Department of Defense identified in section 1.7(b)
through (f) and, when the Coast Guard is operating as
part of the Department of Defense,
(h) above to carry out the Secretary of Defense's
responsibilities assigned in this section or other
departments, agencies, or offices within the Department
of Defense, as appropriate, to conduct the intelligence
missions and responsibilities assigned to the Secretary
of Defense.
1.11 The Department of Homeland Security. In addition to the
authorities exercised by the Office of Intelligence and
Analysis of the Department of Homeland Security under sections
1.4 and 1.7(i) of this order, the Secretary of Homeland
Security shall conduct, through the United States Secret
Service, activities to determine the existence and capability
of surveillance equipment being used against the President or
the Vice President of the United States, the Executive Office
of the President, and, as authorized by the Secretary of
Homeland Security or the President, other Secret Service
protectees and United States officials. No information shall be
acquired intentionally through such activities except to
protect against use of such surveillance equipment, and those
activities shall be conducted pursuant to procedures agreed
upon by the Secretary of Homeland Security and the Attorney
General.
1.12 The Department of Energy. In addition to the authorities
exercised by the Office of Intelligence and Counterintelligence
of the Department of Energy under sections 1.4 and 1.7(i) of
this order, the Secretary of Energy shall:
(a) Provide expert scientific, technical, analytic,
and research capabilities to other agencies within the
Intelligence Community, as appropriate;
(b) Participate in formulating intelligence
collection and analysis requirements where the special
expert capability of the Department can contribute; and
(c) Participate with the Department of State in
overtly collecting information with respect to foreign
energy matters.
1.13 The Federal Bureau of Investigation. In addition to the
authorities exercised by the intelligence elements of the
Federal Bureau of Investigation of the Department of Justice
under sections 1.4 and 1.7(g) of this order and under the
supervision of the Attorney General and pursuant to such
regulations as the Attorney General may establish, the Director
of the Federal Bureau of Investigation shall provide technical
assistance, within or outside the United States, to foreign
intelligence and law enforcement services, consistent with
section 1.3(b)(20) and (21) of this order, as may be necessary
to support national or departmental missions.
PART 2 Conduct of Intelligence Activities
2.1 Need. Timely, accurate, and insightful information about
the activities, capabilities, plans, and intentions of foreign
powers, organizations, and persons, and their agents, is
essential to informed decisionmaking in the areas of national
security, national defense, and foreign relations. Collection
of such information is a priority objective and will be pursued
in a vigorous, innovative, and responsible manner that is
consistent with the Constitution and applicable law and
respectful of the principles upon which the United States was
founded.
2.2 Purpose. This Order is intended to enhance human and
technical collection techniques, especially those undertaken
abroad, and the acquisition of significant foreign
intelligence, as well as the detection and countering of
international terrorist activities, the spread of weapons of
mass destruction, and espionage conducted by foreign powers.
Set forth below are certain general principles that, in
addition to and consistent with applicable laws, are intended
to achieve the proper balance between the acquisition of
essential information and protection of individual interests.
Nothing in this Order shall be construed to apply to or
interfere with any authorized civil or criminal law enforcement
responsibility of any department or agency.
2.3 Collection of information. Elements of the Intelligence
Community are authorized to collect, retain, or disseminate
information concerning United States persons only in accordance
with procedures established by the head of the Intelligence
Community element concerned or by the head of a department
containing such element and approved by the Attorney General,
consistent with the authorities provided by Part 1 of this
Order, after consultation with the Director. Those procedures
shall permit collection, retention, and dissemination of the
following types of information:
(a) Information that is publicly available or
collected with the consent of the person concerned;
(b) Information constituting foreign intelligence
or counterintelligence, including such information
concerning corporations or other commercial
organizations. Collection within the United States of
foreign intelligence not otherwise obtainable shall be
undertaken by the Federal Bureau of Investigation (FBI)
or, when significant foreign intelligence is sought, by
other authorized elements of the Intelligence
Community, provided that no foreign intelligence
collection by such elements may be undertaken for the
purpose of acquiring information concerning the
domestic activities of United States persons;
(c) Information obtained in the course of a lawful
foreign intelligence, counterintelligence,
international drug or international terrorism
investigation;
(d) Information needed to protect the safety of any
persons or organizations, including those who are
targets, victims, or hostages of international
terrorist organizations;
(e) Information needed to protect foreign
intelligence or counterintelligence sources, methods,
and activities from unauthorized disclosure. Collection
within the United States shall be undertaken by the FBI
except that other elements of the Intelligence
Community may also collect such information concerning
present or former employees, present or former
intelligence element contractors or their present or
former employees, or applicants for such employment or
contracting;
(f) Information concerning persons who are
reasonably believed to be potential sources or contacts
for the purpose of determining their suitability or
credibility;
(g) Information arising out of a lawful personnel,
physical, or communications security investigation;
(h) Information acquired by overhead reconnaissance
not directed at specific United States persons;
(i) Incidentally obtained information that may
indicate involvement in activities that may violate
Federal, state, local, or foreign laws; and
(j) Information necessary for administrative
purposes.
In addition, elements of the Intelligence
Community may disseminate information to each
appropriate element within the Intelligence Community
for purposes of allowing the recipient element to
determine whether the information is relevant to its
responsibilities and can be retained by it, except that
information derived from signals intelligence may only
be disseminated or made available to Intelligence
Community elements in accordance with procedures
established by the Director in coordination with the
Secretary of Defense and approved by the Attorney
General.
2.4 Collection Techniques. Elements of the Intelligence
Community shall use the least intrusive collection techniques
feasible within the United States or directed against United
States persons abroad. Elements of the Intelligence Community
are not authorized to use such techniques as electronic
surveillance, unconsented physical searches, mail surveillance,
physical surveillance, or monitoring devices unless they are in
accordance with procedures established by the head of the
Intelligence Community element concerned or the head of a
department containing such element and approved by the Attorney
General, after consultation with the Director. Such procedures
shall protect constitutional and other legal rights and limit
use of such information to lawful governmental purposes. These
procedures shall not authorize:
(a) The Central Intelligence Agency (CIA) to engage
in electronic surveillance within the United States
except for the purpose of training, testing, or
conducting countermeasures to hostile electronic
surveillance;
(b) Unconsented physical searches in the United
States by elements of the Intelligence Community other
than the FBI, except for:
(1) Searches by counterintelligence
elements of the military services directed
against military personnel within the United
States or abroad for intelligence purposes,
when authorized by a military commander
empowered to approve physical searches for law
enforcement purposes, based upon a finding of
probable cause to believe that such persons are
acting as agents of foreign powers; and
(2) Searches by CIA of personal property of
non-United States persons lawfully in its
possession;
(c) Physical surveillance of a United States person
in the United States by elements of the Intelligence
Community other than the FBI, except for:
(1) Physical surveillance of present or
former employees, present or former
intelligence element contractors or their
present or former employees, or applicants for
any such employment or contracting; and
(2) Physical surveillance of a military
person employed by a non-intelligence element
of a military service; and
(d) Physical surveillance of a United States person
abroad to collect foreign intelligence, except to
obtain significant information that cannot reasonably
be acquired by other means.
2.5 Attorney General Approval. The Attorney General hereby is
delegated the power to approve the use for intelligence
purposes, within the United States or against a United States
person abroad, of any technique for which a warrant would be
required if undertaken for law enforcement purposes, provided
that such techniques shall not be undertaken unless the
Attorney General has determined in each case that there is
probable cause to believe that the technique is directed
against a foreign power or an agent of a foreign power. The
authority delegated pursuant to this paragraph, including the
authority to approve the use of electronic surveillance as
defined in the Foreign Intelligence Surveillance Act of 1978,
as amended, shall be exercised in accordance with that Act.
2.6 Assistance to Law Enforcement and other Civil Authorities.
Elements of the Intelligence Community are authorized to:
(a) Cooperate with appropriate law enforcement
agencies for the purpose of protecting the employees,
information, property, and facilities of any element of
the Intelligence Community;
(b) Unless otherwise precluded by law or this
Order, participate in law enforcement activities to
investigate or prevent clandestine intelligence
activities by foreign powers, or international
terrorist or narcotics activities;
(c) Provide specialized equipment, technical
knowledge, or assistance of expert personnel for use by
any department or agency, or when lives are endangered,
to support local law enforcement agencies. Provision of
assistance by expert personnel shall be approved in
each case by the general counsel of the providing
element or department; and
(d) Render any other assistance and cooperation to
law enforcement or other civil authorities not
precluded by applicable law.
2.7 Contracting. Elements of the Intelligence Community are
authorized to enter into contracts or arrangements for the
provision of goods or services with private companies or
institutions in the United States and need not reveal the
sponsorship of such contracts or arrangements for authorized
intelligence purposes. Contracts or arrangements with academic
institutions may be undertaken only with the consent of
appropriate officials of the institution.
2.8 Consistency With Other Laws. Nothing in this Order shall be
construed to authorize any activity in violation of the
Constitution or statutes of the United States.
2.9 Undisclosed Participation in Organizations Within the
United States. No one acting on behalf of elements of the
Intelligence Community may join or otherwise participate in any
organization in the United States on behalf of any element of
the Intelligence Community without disclosing such person's
intelligence affiliation to appropriate officials of the
organization, except in accordance with procedures established
by the head of the Intelligence Community element concerned or
the head of a department containing such element and approved
by the Attorney General, after consultation with the Director.
Such participation shall be authorized only if it is essential
to achieving lawful purposes as determined by the Intelligence
Community element head or designee. No such participation may
be undertaken for the purpose of influencing the activity of
the organization or its members except in cases where:
(a) The participation is undertaken on behalf of
the FBI in the course of a lawful investigation; or
(b) The organization concerned is composed
primarily of individuals who are not United States
persons and is reasonably believed to be acting on
behalf of a foreign power.
2.10 Human Experimentation. No element of the Intelligence
Community shall sponsor, contract for, or conduct research on
human subjects except in accordance with guidelines issued by
the Department of Health and Human Services. The subject's
informed consent shall be documented as required by those
guidelines.
2.11 Prohibition on Assassination. No person employed by or
acting on behalf of the United States Government shall engage
in or conspire to engage in assassination.
2.12 Indirect Participation. No element of the Intelligence
Community shall participate in or request any person to
undertake activities forbidden by this Order.
2.13 Limitation on Covert Action. No covert action may be
conducted which is intended to influence United States
political processes, public opinion, policies, or media.
PART 3 General Provisions
3.1 Congressional Oversight. The duties and responsibilities of
the Director and the heads of other departments, agencies,
elements, and entities engaged in intelligence activities to
cooperate with the Congress in the conduct of its
responsibilities for oversight of intelligence activities shall
be implemented in accordance with applicable law, including
title V of the Act. The requirements of applicable law,
including title V of the Act, shall apply to all covert action
activities as defined in this Order.
3.2 Implementation. The President, supported by the NSC, and
the Director shall issue such appropriate directives,
procedures, and guidance as are necessary to implement this
order. Heads of elements within the Intelligence Community
shall issue appropriate procedures and supplementary directives
consistent with this order. No procedures to implement Part 2
of this order shall be issued without the Attorney General's
approval, after consultation with the Director. The Attorney
General shall provide a statement of reasons for not approving
any procedures established by the head of an element in the
Intelligence Community (or the head of the department
containing such element) other than the FBI. In instances where
the element head or department head and the Attorney General
are unable to reach agreements on other than constitutional or
other legal grounds, the Attorney General, the head of
department concerned, or the Director shall refer the matter to
the NSC.
3.3 Procedures. The activities herein authorized that require
procedures shall be conducted in accordance with existing
procedures or requirements established under Executive Order
12333. New procedures, as required by Executive Order 12333, as
further amended, shall be established as expeditiously as
possible. All new procedures promulgated pursuant to Executive
Order 12333, as amended, shall be made available to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives.
3.4 References and Transition. References to ``Senior Officials
of the Intelligence Community'' or ``SOICs'' in executive
orders or other Presidential guidance, shall be deemed
references to the heads of elements in the Intelligence
Community, unless the President otherwise directs; references
in Intelligence Community or Intelligence Community element
policies or guidance, shall be deemed to be references to the
heads of elements of the Intelligence Community, unless the
President or the Director otherwise directs.
3.5 Definitions. For the purposes of this Order, the following
terms shall have these meanings:
(a) Counterintelligence means information gathered
and activities conducted to identify, deceive, exploit,
disrupt, or protect against espionage, other
intelligence activities, sabotage, or assassinations
conducted for or on behalf of foreign powers,
organizations, or persons, or their agents, or
international terrorist organizations or activities.
(b) Covert action means an activity or activities
of the United States Government to influence political,
economic, or military conditions abroad, where it is
intended that the role of the United States Government
will not be apparent or acknowledged publicly, but does
not include:
(1) Activities the primary purpose of which
is to acquire intelligence, traditional
counterintelligence activities, traditional
activities to improve or maintain the
operational security of United States
Government programs, or administrative
activities;
(2) Traditional diplomatic or military
activities or routine support to such
activities;
(3) Traditional law enforcement activities
conducted by United States Government law
enforcement agencies or routine support to such
activities; or
(4) Activities to provide routine support
to the overt activities (other than activities
described in paragraph (1), (2), or (3)) of
other United States Government agencies abroad.
(c) Electronic surveillance means acquisition of a
nonpublic communication by electronic means without the
consent of a person who is a party to an electronic
communication or, in the case of a nonelectronic
communication, without the consent of a person who is
visibly present at the place of communication, but not
including the use of radio direction-finding equipment
solely to determine the location of a transmitter.
(d) Employee means a person employed by, assigned
or detailed to, or acting for an element within the
Intelligence Community.
(e) Foreign intelligence means information relating
to the capabilities, intentions, or activities of
foreign governments or elements thereof, foreign
organizations, foreign persons, or international
terrorists.
(f) Intelligence includes foreign intelligence and
counterintelligence.
(g) Intelligence activities means all activities
that elements of the Intelligence Community are
authorized to conduct pursuant to this order.
(h) Intelligence Community and elements of the
Intelligence Community refers to:
(1) The Office of the Director of National
Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence
Agency;
(6) The National Reconnaissance Office;
(7) The other offices within the Department
of Defense for the collection of specialized
national foreign intelligence through
reconnaissance programs;
(8) The intelligence and
counterintelligence elements of the Army, the
Navy, the Air Force, and the Marine Corps;
(9) The intelligence elements of the
Federal Bureau of Investigation;
(10) The Office of National Security
Intelligence of the Drug Enforcement
Administration;
(11) The Office of Intelligence and
Counterintelligence of the Department of
Energy;
(12) The Bureau of Intelligence and
Research of the Department of State;
(13) The Office of Intelligence and
Analysis of the Department of the Treasury;
(14) The Office of Intelligence and
Analysis of the Department of Homeland
Security;
(15) The intelligence and
counterintelligence elements of the Coast
Guard; and
(16) Such other elements of any department
or agency as may be designated by the
President, or designated jointly by the
Director and the head of the department or
agency concerned, as an element of the
Intelligence Community.
(i) National Intelligence and Intelligence Related
to National Security means all intelligence, regardless
of the source from which derived and including
information gathered within or outside the United
States, that pertains, as determined consistent with
any guidance issued by the President, or that is
determined for the purpose of access to information by
the Director in accordance with section 1.3(a)(1) of
this order, to pertain to more than one United States
Government agency; and that involves threats to the
United States, its people, property, or interests; the
development, proliferation, or use of weapons of mass
destruction; or any other matter bearing on United
States national or homeland security.
(j) The National Intelligence Program means all
programs, projects, and activities of the Intelligence
Community, as well as any other programs of the
Intelligence Community designated jointly by the
Director and the head of a United States department or
agency or by the President. Such term does not include
programs, projects, or activities of the military
departments to acquire intelligence solely for the
planning and conduct of tactical military operations by
United States Armed Forces.
(k) United States person means a United States
citizen, an alien known by the intelligence element
concerned to be a permanent resident alien, an
unincorporated association substantially composed of
United States citizens or permanent resident aliens, or
a corporation incorporated in the United States, except
for a corporation directed and controlled by a foreign
government or governments.
3.6 Revocation. Executive Orders 13354 and 13355 of August 27,
2004, are revoked; and paragraphs 1.3(b)(9) and (10) of Part 1
supersede provisions within Executive Order 12958, as amended,
to the extent such provisions in Executive Order 12958, as
amended, are inconsistent with this Order.
3.7 General Provisions.
(a) Consistent with section 1.3(c) of this order,
nothing in this order shall be construed to impair or
otherwise affect:
(1) Authority granted by law to a department or
agency, or the head thereof; or
(2) Functions of the Director of the Office
of Management and Budget relating to budget,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity, by any party against the United States, its
departments, agencies or entities, its officers,
employees, or agents, or any other person.
Executive Order 12341
Cuban and Haitian Entrants
(As Amended by EO 12347, EO 12388, EO 12474, EO 13118, EO
13284)
=======================================================================
Signed: January 21, 1982
Federal Register page and date: 47 FR 3341; January 25, 1982
Amended by: EO 13286, February 28, 2003
Revokes:
EO 12251, November 15, 1980
=======================================================================
By the authority vested in me as President of the United
States of America by Section 501 of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) and Section 301 of
Title 3 of the United States Code, and to reassign some
responsibilities for providing assistance to Cuban and Haitian
entrants, it is hereby ordered as follows:
Section 1. The functions vested in the President by Sections
501 (a) and (b) of the Refugee Education Assistance Act of
1980, hereinafter referred to as the Act (8 U.S.C. 1522 note),
are delegated to the Secretary of Health and Human Services.
Sec. 2. The Secretary of Homeland Security shall ensure that
actions are taken to provide such assistance to Cuban and
Haitian entrants as provided for by Section 501(c) of the Act.
To that end, the functions vested in the President by Section
501(c) of the Act are delegated to the Attorney General.
Sec. 3. All actions taken pursuant to Executive Order No. 12251
shall continue in effect until superseded by actions under this
Order.
Sec. 4. Executive Order No. 12251 of November 15, 1980, is
revoked.
Executive Order 12382
President's National Security Telecommunications Advisory
Committee
(As Amended by EO 13286)
=======================================================================
Signed: September 13, 1982
Federal Register page and date: 47 FR 40531; September 15, 1982
Continued by: EO 12399, December 31, 1982
EO 12454, December 29, 1983
EO 12534, September 30, 1985
EO 12610, September 30, 1987
EO 12692, September 29, 1989
EO 12774, September 27, 1991
EO 12869, September 30, 1993
EO 12974, September 29, 1995
EO 13062, September 29, 1997
EO 13138, September 30, 1999
EO 13225, September 28, 2001
EO 13286, February 28, 2003
EO 13316, September 17, 2003
EO 13385, September 29, 2005
EO 13446, September 28, 2007
EO 13511, September 29, 2009
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution of the United States of America, and in order to
establish, in accordance with the provisions of the Federal
Advisory Committee Act, as amended (5 U.S.C. App. I), an
advisory committee on National Security Telecommunications, it
is hereby ordered as follows:
Section 1. Establishment.
(a) There is established the President's National
Security Telecommunications Advisory Committee which
shall be composed of no more than 30 members. These
members shall have particular knowledge and expertise
in the field of telecommunications and represent
elements of the Nation's telecommunications industry.
Members of the Committee shall be appointed by the
President.
(b) The President shall annually designate a
Chairman and a Vice Chairman from among the members of
the Committee.
(c) To assist the Committee in carrying out its
functions, the Committee may establish appropriate
subcommittees or working groups composed, in whole or
in part, of individuals who are not members of the
Committee.
Sec. 2. Functions.
(a) The Committee shall provide to the President,
through the Secretary of Homeland Security, among other
things, information and advice from the perspective of
the telecommunications industry with respect to the
implementation of Presidential Directive 53 (PD/NSC-
53), National Security Telecommunications Policy.
(b) The Committee shall provide information and
advice to the President through the Secretary of
Homeland Security regarding the feasibility of
implementing specific measures to improve the
telecommunications aspects of our national security
posture.
(c) The Committee shall provide technical
information and advice in the identification and
solution of problems which the Committee considers will
affect national security telecommunications capability.
(d) In the performance of its advisory duties, the
Committee shall conduct reviews and assessments of the
effectiveness of the implementation of PD/NSC-53,
National Security Telecommunications Policy.
(e) The Committee shall periodically report on
matters in this Section to the President through the
Secretary of Homeland Security, in his capacity as
Executive Agent for the National Communications System.
Sec. 3. Administration.
(a) The heads of Executive agencies shall, to the
extent permitted by law, provide the Committee such
information with respect to national security
telecommunications matters as it may require for the
purpose of carrying out its functions. Information
supplied to the Committee shall not, to the extent
permitted by law, be available for public inspection.
(b) Members of the Committee shall serve without
any compensation for their work on the Committee.
However, to the extent permitted by law, they shall be
entitled to travel expenses, including per diem in lieu
of subsistence.
(c) Any expenses of the Committee shall, to the
extent permitted by law, be paid from funds available
to the Secretary of Homeland Security.
Sec. 4. General.
(a) Notwithstanding any other Executive Order, the
functions of the President under the Federal Advisory
Committee Act, as amended (5 U.S.C. App. I), except
that of reporting annually to the Congress, which are
applicable to the Committee, shall be performed by the
Secretary of Homeland Security, in accord with
guidelines and procedures established by the
Administrator of General Services.
(b) In accordance with the Federal Advisory
Committee Act, as amended, the Committee shall
terminate on September 30, 2011, unless sooner
extended.
Executive Order 12472
Assignment of National Security and Emergency Preparedness
Telecommunications Functions
(As Amended by EO 13286, EO 13407)
=======================================================================
Signed: April 3, 1984
Federal Register page and date: 49 FR 13471; April 5, 1984
Amends: EO 12046, March 27, 1978
Amended by: EO 13286, February 28, 2003
EO 13407, June 26, 2006
=======================================================================
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
Communications Act of 1934, as amended (47 U.S.C. 151), the
National Security Act of 1947, as amended, the Defense
Production Act of 1950, as amended (50 U.S.C. App. 2061), the
Federal Civil Defense Act of 1950, as amended (50 U.S.C. App.
2251), the Disaster Relief Act of 1974 (42 U.S.C. 5121),
Section 5 of Reorganization Plan No. 1 of 1977 (3 C.F.R. 197,
1978 Comp.1), and Section 203 of Reorganization Plan No. 3 of
1978 (3 C.F.R. 389, 1978 Comp.2), and in order to provide for
the consolidation of assignment and responsibility for improved
execution of national security and emergency preparedness
telecommunications functions, it is hereby ordered as follows:
Section 1. The National Communications System.
(a) There is hereby established the National
Communications System (NCS). The NCS shall consist of
the telecommunications assets of the entities
represented on the NCS Committee of Principals and an
administrative structure consisting of the Executive
Agent, the NCS Committee of Principals and the Manager.
The NCS Committee of Principals shall consist of
representatives from those Federal departments,
agencies or entities, designated by the President,
which lease or own telecommunications facilities or
services of significance to national security or
emergency preparedness, and, to the extent permitted by
law, other Executive entities which bear policy,
regulatory or enforcement responsibilities of
importance to national security or emergency
preparedness telecommunications capabilities.
(b) The mission of the NCS shall be to assist the
President, the National Security Council, the Homeland
Security Council, the Director of the Office of Science
and Technology Policy and the Director of the Office of
Management and Budget in:
(1) the exercise of the telecommunications
functions and responsibilities set forth in
Section 2 of this Order; and
(2) the coordination of the planning for
and provision of national security and
emergency preparedness communications for the
Federal government under all circumstances,
including crisis or emergency, attack, recovery
and reconstitution.
(c) The NCS shall seek to ensure that a national
telecommunications infrastructure is developed which:
(1) Is responsive to the national security
and emergency preparedness needs of the
President and the Federal departments, agencies
and other entities, including
telecommunications in support of national
security leadership and continuity of
government;
(2) Is capable of satisfying priority
telecommunications requirements under all
circumstances through use of commercial,
government and privately owned
telecommunications resources;
(3) Incorporates the necessary combination
of hardness, redundancy, mobility,
connectivity, interoperability, restorability
and security to obtain, to the maximum extent
practicable, the survivability of national
security and emergency preparedness
telecommunications in all circumstances,
including conditions of crisis or emergency;
and
(4) Is consistent, to the maximum extent
practicable, with other national
telecommunications policies.
(d) To assist in accomplishing its mission, the NCS
shall:
(1) serve as a focal point for joint
industry-government national security and
emergency preparedness telecommunications
planning; and
(2) establish a joint industry-government
National Coordinating Center which is capable
of assisting in the initiation, coordination,
restoration and reconstitution of national
security or emergency preparedness
telecommunications services or facilities under
all conditions of crisis or emergency.
(e) The Secretary of Homeland Security is
designated as the Executive Agent for the NCS. The
Executive Agent shall:
(1) Designate the Manager of the NCS;
(2) Ensure that the NCS conducts unified
planning and operations, in order to coordinate
the development and maintenance of an effective
and responsive capability for meeting the
domestic and international national security
and emergency preparedness telecommunications
needs of the Federal government;
(3) Ensure that the activities of the NCS
are conducted in conjunction with the emergency
management activities of the Department of
Homeland Security;
(4) Recommend, in consultation with the NCS
Committee of Principals, to the National
Security Council, the Homeland Security
Council, the Director of the Office of Science
and Technology Policy, or the Director of the
Office of Management and Budget, as
appropriate:
a. The assignment of implementation
or other responsibilities to NCS member
entities;
b. New initiatives to assist in the
exercise of the functions specified in
Section 2; and
c. Changes in the composition or
structure of the NCS;
(5) Oversee the activities of and provide
personnel and administrative support to the
Manager of the NCS;
(6) Provide staff support and technical
assistance to the National Security
Telecommunications Advisory Committee
established by Executive Order No. 12382, as
amended; and
(7) Perform such other duties as are from
time to time assigned by the President or his
authorized designee.
(f) The NCS Committee of Principals shall:
(1) Serve as the forum in which each member
of the Committee may review, evaluate, and
present views, information and recommendations
concerning ongoing or prospective national
security or emergency preparedness
telecommunications programs or activities of
the NCS and the entities represented on the
Committee;
(2) Serve as the forum in which each member
of the Committee shall report on and explain
ongoing or prospective telecommunications plans
and programs developed or designed to achieve
national security or emergency preparedness
telecommunications objectives;
(3) Provide comments or recommendations, as
appropriate, to the National Security Council,
the Homeland Security Council, the Director of
the Office of Science and Technology Policy,
the Director of the Office of Management and
Budget, the Executive Agent, or the Manager of
the NCS, regarding ongoing or prospective
activities of the NCS; and
(4) Perform such other duties as are from
time to time assigned by the President or his
authorized designee.
(g) The Manager of the NCS shall:
(1) Develop for consideration by the NCS
Committee of Principals and the Executive
Agent:
a. A recommended evolutionary
telecommunications architecture
designed to meet current and future
Federal government national security
and emergency preparedness
telecommunications requirements;
b. Plans and procedures for the
management, allocation and use,
including the establishment of
priorities or preferences, of Federally
owned or leased telecommunications
assets under all conditions of crisis
or emergency;
c. Plans, procedures and standards
for minimizing or removing technical
impediments to the interoperability of
government-owned and/or commercially-
provided telecommunications systems;
d. Test and exercise programs and
procedures for the evaluation of the
capability of the Nation's
telecommunications resources to meet
national security or emergency
preparedness telecommunications
requirements; and
e. Alternative mechanisms for
funding, through the budget review
process, national security or emergency
preparedness telecommunications
initiatives which benefit multiple
Federal departments, agencies, or
entities. Those mechanisms recommended
by the NCS Committee of Principals and
the Executive Agent shall be submitted
to the Director of the Office of
Management and Budget.
(2) Implement and administer any approved
plans or programs as assigned, including any
system of priorities and preferences for the
provision of communications service, in
consultation with the NCS Committee of
Principals and the Federal Communications
Commission, to the extent practicable or
otherwise required by law or regulation;
(3) Chair the NCS Committee of Principals
and provide staff support and technical
assistance thereto;
(4) Serve as a focal point for joint
industry-government planning, including the
dissemination of technical information,
concerning the national security or emergency
preparedness telecommunications requirements of
the Federal government;
(5) Conduct technical studies or analyses,
and examine research and development programs,
for the purpose of identifying, for
consideration by the NCS Committee of
Principals and the Executive Agent, improved
approaches which may assist Federal entities in
fulfilling national security or emergency
preparedness telecommunications objectives;
(6) Pursuant to the Federal Standardization
Program of the General Services Administration,
and in consultation with other appropriate
entities of the Federal government including
the NCS Committee of Principals, manage the
Federal Telecommunications Standards Program,
ensuring wherever feasible that existing or
evolving industry, national, and international
standards are used as the basis for Federal
telecommunications standards; and
(7) Provide such reports and perform such
other duties as are from time to time assigned
by the President or his authorized designee,
the Executive Agent, or the NCS Committee of
Principals. Any such assignments of
responsibility to, or reports made by, the
Manager shall be transmitted through the
Executive Agent.
Sec. 2. Executive Office Responsibilities.
(a) Wartime Emergency Functions.
(1) The National Security Council shall
provide policy direction for the exercise of
the war power functions of the President under
Section 606 of the Communications Act of 1934,
as amended (47 U.S.C. 606), should the
President issue implementing instructions in
accordance with the National Emergencies Act
(50 U.S.C. 1601).
(2) The Director of the Office of Science
and Technology Policy shall direct the exercise
of the war power functions of the President
under Section 606(a), (c)-(e), of the
Communications Act of 1934, as amended (47
U.S.C. 606), should the President issue
implementing instructions in accordance with
the National Emergencies Act (50 U.S.C. 1601).
(b) Non-Wartime Emergency Functions. (1) The
National Security Council, in consultation with the
Homeland Security Council, shall:
a. Advise and assist the President
in coordinating the development of
policy, plans, programs and standards
within the Federal government for the
identification, allocation, and use of
the Nation's telecommunications
resources by the Federal government,
and by State and local governments,
private industry and volunteer
organizations upon request, to the
extent practicable and otherwise
consistent with law, during those
crises or emergencies in which the
exercise of the President's war power
functions is not required or permitted
by law; and
b. Provide policy direction for the
exercise of the President's non-wartime
emergency telecommunications functions,
should the President so instruct.
(2) The Director of the Office of Science
and Technology Policy shall provide
information, advice, guidance and assistance,
as appropriate, to the President and to those
Federal departments and agencies with
responsibilities for the provision, management,
or allocation of telecommunications resources,
during those crises or emergencies in which the
exercise of the President's war power functions
is not required or permitted by law;
(3) The Director of the Office of Science
and Technology Policy shall establish a Joint
Telecommunications Resources Board (JTRB) to
assist him in the exercise of the functions
specified in this subsection. The Director of
the Office of Science and Technology Policy
shall serve as chairman of the JTRB; select
those Federal departments, agencies, or
entities which shall be members of the JTRB;
and specify the functions it shall perform.
(c) Planning and Oversight Responsibilities. (1)
The National Security Council shall advise and assist
the President in:
a. Coordinating the development of
policy, plans, programs and standards
for the mobilization and use of the
Nation's commercial, government, and
privately owned telecommunications
resources, in order to meet national
security or emergency preparedness
requirements;
b. Providing policy oversight and
direction of the activities of the NCS;
and
c. Providing policy oversight and
guidance for the execution of the
responsibilities assigned to the
Federal departments and agencies by
this Order.
(2) The Director of the Office of Science
and Technology Policy shall make
recommendations to the President with respect
to the test, exercise and evaluation of the
capability of existing and planned
communications systems, networks or facilities
to meet national security or emergency
preparedness requirements and report the
results of any such tests or evaluations and
any recommended remedial actions to the
President and to the National Security Council;
(3) The Director of the Office of Science
and Technology Policy or his designee shall
advise and assist the President in the
administration of a system of radio spectrum
priorities for those spectrum dependent
telecommunications resources of the Federal
government which support national security or
emergency preparedness functions. The Director
also shall certify or approve priorities for
radio spectrum use by the Federal government,
including the resolution of any conflicts in or
among priorities, under all conditions of
crisis or emergency; and
(4) The National Security Council, the
Homeland Security Council, the Director of the
Office of Science and Technology Policy and the
Director of the Office of Management and Budget
shall, in consultation with the Executive Agent
for the NCS and the NCS Committee of
Principals, determine what constitutes national
security and emergency preparedness
telecommunications requirements.
(d) Consultation with Federal Departments and
Agencies. In performing the functions assigned under
this Order, the National Security Council and the
Director of the Office of Science and Technology
Policy, in consultation with each other, shall:
(1) Consult, as appropriate, with the
Director of the Office of Management and
Budget; the Secretary of Homeland Security with
respect to the emergency management
responsibilities assigned pursuant to Executive
Order No. 12148, as amended; the Secretary of
Commerce, with respect to responsibilities
assigned pursuant to Executive Order No. 12046;
the Secretary of Defense, with respect to
communications security responsibilities
assigned pursuant to Executive Order No. 12333;
and the Chairman of the Federal Communications
Commission or his authorized designee; and
(2) Establish arrangements for consultation
among all interested Federal departments,
agencies or entities to ensure that the
national security and emergency preparedness
communications needs of all Federal government
entities are identified; that mechanisms to
address such needs are incorporated into
pertinent plans and procedures; and that such
needs are met in a manner consistent, to the
maximum extent practicable, with other national
telecommunications policies.
(e) Budgetary Guidelines. The Director of the
Office of Management and Budget, in consultation with
the National Security Council and the NCS, will
prescribe general guidelines and procedures for
reviewing the financing of the NCS within the budgetary
process and for preparation of budget estimates by
participating agencies. These guidelines and procedures
may provide for mechanisms for funding, through the
budget review process, national security and emergency
preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or
entities.
Sec. 3. Assignment of Responsibilities to Other Departments and
Agencies.
In order to support and enhance the capability to satisfy
the national security and emergency preparedness
telecommunications needs of the Federal government, State and
local governments, private industry and volunteer
organizations, under all circumstances including those of
crisis or emergency, the Federal departments and agencies shall
perform the following functions:
(a) Department of Commerce. The Secretary of
Commerce shall, for all conditions of crisis or
emergency:
(1) Develop plans and procedures concerning
radio spectrum assignments, priorities and
allocations for use by Federal departments,
agencies and entities; and
(2) Develop, maintain and publish policy,
plans, and procedures for the control and
allocation of frequency assignments, including
the authority to amend, modify or revoke such
assignments, in those parts of the
electromagnetic spectrum assigned to the
Federal government.
(b) Department of Homeland Security. The Secretary
of Homeland Security shall:
(1) Plan for and provide, operate and
maintain telecommunications services and
facilities, as part of its National Emergency
Management System, adequate to support its
assigned emergency management responsibilities;
(2) Advise and assist State and local
governments and volunteer organizations, upon
request and to the extent consistent with law,
in developing plans and procedures for
identifying and satisfying their national
security or emergency preparedness
telecommunications requirements;
(3) Ensure, to the maximum extent
practicable, that national security and
emergency preparedness telecommunications
planning by State and local governments and
volunteer organizations is mutually supportive
and consistent with the planning of the Federal
government; and
(4) Develop, upon request and to the extent
consistent with law and in consonance with
regulations promulgated by and agreements with
the Federal Communications Commission, plans
and capabilities for, and provide policy and
management oversight of, the Emergency Alert
System, and advise and assist private radio
licensees of the Commission in developing
emergency communications plans, procedures and
capabilities.
(c) Department of State. The Secretary of State, in
accordance with assigned responsibilities within the
Diplomatic Telecommunications System, shall plan for
and provide, operate and maintain rapid, reliable and
secure telecommunications services to those Federal
entities represented at United States diplomatic
missions and consular offices overseas. This
responsibility shall include the provision and
operation of domestic telecommunications in support of
assigned national security or emergency preparedness
responsibilities.
(d) Department of Defense. In addition to the other
responsibilities assigned by this Order, the Secretary
of Defense shall:
(1) Plan for and provide, operate and
maintain telecommunications services and
facilities adequate to support the National
Command Authorities and to execute the
responsibilities assigned by Executive Order
No. 12333; and
(2) Ensure that the Director of the
National Security Agency provides the technical
support necessary to develop and maintain plans
adequate to provide for the security and
protection of national security and emergency
preparedness telecommunications.
(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.
(e) Department of Justice. The Attorney General
shall, as necessary, review for legal sufficiency,
including consistency with the antitrust laws, all
policies, plans or procedures developed pursuant to
responsibilities assigned by this Order.
(f) Central Intelligence Agency. The Director of
Central Intelligence shall plan for and provide,
operate, and maintain telecommunications services
adequate to support its assigned responsibilities,
including the dissemination of intelligence within the
Federal government.
(g) General Services Administration. Except as
otherwise assigned by this Order, the Administrator of
General Services, consistent with policy guidance
provided by the Director of the Office of Management
and Budget, shall ensure that Federally owned or
managed domestic communications facilities and services
meet the national security and emergency preparedness
requirements of the Federal civilian departments,
agencies and entities.
(h) Federal Communications Commission. The Federal
Communications Commission shall, consistent with
Section 4(c) of this Order:
(1) Review the policies, plans and
procedures of all entities licensed or
regulated by the Commission that are developed
to provide national security or emergency
preparedness communications services, in order
to ensure that such policies, plans and
procedures are consistent with the public
interest, convenience and necessity;
(2) Perform such functions as required by
law with respect to all entities licensed or
regulated by the Commission, including (but not
limited to) the extension, discontinuance or
reduction of common carrier facilities or
services; the control of common carrier rates,
charges, practices and classifications; the
construction, authorization, activation,
deactivation or closing of radio stations,
services and facilities; the assignment of
radio frequencies to Commission licensees; the
investigation of violations of pertinent law
and regulation; and the initiation of
appropriate enforcement actions;
(3) Develop policy, plans and procedures
adequate to execute the responsibilities
assigned in this Order under all conditions or
crisis or emergency; and
(4) Consult as appropriate with the
Executive Agent for the NCS and the NCS
Committee of Principals to ensure continued
coordination of their respective national
security and emergency preparedness activities.
(i) All Federal departments and agencies, to the
extent consistent with law (including those authorities
and responsibilities set forth in Section 4(c) of this
Order), shall:
(1) Determine their national security and
emergency preparedness telecommunications
requirements, and provide information regarding
such requirements to the Manager of the NCS;
(2) Prepare policies, plans and procedures
concerning telecommunications facilities,
services or equipment under their management or
operational control to maximize their
capability of responding to the national
security or emergency preparedness needs of the
Federal government;
(3) Provide, after consultation with the
Director of the Office of Management and
Budget, resources to support their respective
requirements for national security and
emergency preparedness telecommunications; and
provide personnel and staff support to the
Manager of the NCS as required by the
President;
(4) Make information available to, and
consult with, the Manager of the NCS regarding
agency telecommunications activities in support
of national security or emergency preparedness;
(5) Consult, consistent with the provisions
of Executive Order No. 12046, as amended, and
in conjunction with the Manager of the NCS,
with the Federal Communications Commission
regarding execution of responsibilities
assigned by this Order;
(6) Submit reports annually, or as
otherwise requested, to the Manager of the NCS,
regarding agency national security or emergency
preparedness telecommunications activities; and
(7) Cooperate with and assist the Executive
Agent for the NCS, the NCS Committee of
Principals, the Manager of the NCS, and other
departments and agencies in the execution of
the functions set forth in this Order,
furnishing them such information, support and
assistance as may be required.
(j) Each Federal department or agency shall execute
the responsibilities assigned by this Order in
conjunction with the emergency management activities of
the Department of Homeland Security, and in regular
consultation with the Executive Agent for the NCS and
the NCS Committee of Principals to ensure continued
coordination of NCS and individual agency
telecommunications activities.
Sec. 4. General Provisions.
(a) All Executive departments and agencies may
issue such rules and regulations as may be necessary to
carry out the functions assigned under this Order.
(b) In order to reflect the assignments of
responsibility provided by this Order,
(1) Sections 2-414, 4-102, 4-103, 4-202, 4-
302, 5-3, and 6-101 of Executive Order No.
12046, as amended, are revoked;
(2) The Presidential Memorandum of August
21, 1963, as amended, entitled ``Establishment
of the National Communications System'', is
hereby superseded; and
(3) [Deleted]
(c) Nothing in this Order shall be deemed to affect
the authorities or responsibilities of the Director of
the Office of Management and Budget, or any Office or
official thereof; or reassign any function assigned any
agency under the Federal Property and Administrative
Services Act of 1949, as amended; or under any other
law; or any function vested by law in the Federal
Communications Commission.
Sec. 5.
This Order shall be effective upon publication in the
Federal Register.
Executive Order 12501
Arctic Research
(As amended by EO 13284)
=======================================================================
Signed: January 28, 1985
Federal Register page and date: 50 FR 4191; January 30, 1985
Amends: EO 12139, May 23, 1979
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Arctic Research and Policy Act of 1984 (Title I
of Public Law 98-373) (``the Act''), it is hereby ordered as
follows:
Section 1. Establishment of Arctic Research Commission.
There is established the Arctic Research Commission.
Sec. 2. Membership of the Commission.
(a) The Commission shall be composed of five
members appointed by the President, as follows:
(1) three members appointed from among
individuals from academic or other research
institutions with expertise in areas of
research relating to the Arctic, including the
physical, biological, health, environmental,
social, and behavioral sciences;
(2) one member appointed from among
indigenous residents of the Arctic who are
representative of the needs and interests of
Arctic residents and who live in areas directly
affected by Arctic resources development; and
(3) one member appointed from individuals
familiar with the Arctic and representative of
the needs and interests of private industry
undertaking resource development in the Arctic.
The Director of the National Science Foundation
shall serve as a nonvoting ex officio member of
the Commission. The President shall designate a
Chairperson from among the five voting members
of the Commission.
(b) In making initial appointments to the
Commission, the President shall designate one member to
serve for a term of two years, two members to serve for
terms of three years, and two members to serve for
terms of four years as provided by Section 103(c) of
the Act. Upon the expiration of these initial terms of
office, the term of office of each member of the
Commission shall be four years.
(c) Each of the Federal agencies represented on the
Interagency Committee established by Section 7 of this
Order may designate a representative to participate as
an observer with the Commission. These representatives
shall report to and advise the Commission on the
activities of their agencies relating to Arctic
research.
Sec. 3. Meetings of the Commission.
The Commission shall meet at the call of the Chairman or a
majority of its members. The Commission annually shall conduct
at least one public meeting in the State of Alaska.
Sec. 4. Functions of the Commission.
(a) The Commission shall:
(1) develop and recommend an integrated
national Arctic research policy;
(2) assist, in cooperation with the
Interagency Arctic Research Policy Committee
established by Section 7 of this Order, in
establishing a national Arctic research program
plan to implement the Arctic research policy;
(3) facilitate cooperation between the
Federal government and State and local
governments with respect to Arctic research;
(4) review Federal research programs in the
Arctic and suggest improvements in coordination
among programs;
(5) recommend methods to improve logistical
planning and support for Arctic research as may
be appropriate;
(6) suggest methods for improving efficient
sharing and dissemination of data and
information on the Arctic among interested
public and private institutions;
(7) offer other recommendations and advice
to the Interagency Arctic Research Policy
Committee as it may find appropriate; and
(8) cooperate with the Governor of the
State of Alaska, and with agencies and
organizations of that State which the Governor
may designate, with respect to the formulation
of Arctic research policy.
(b) Not later than January 31 of each year, the
Commission shall:
(1) submit to the President and Congress a
report describing the activities and
accomplishments of the Commission during the
immediately preceding fiscal year; and
(2) publish a statement of goals and
objectives with respect to Arctic research to
guide the Interagency Arctic Research Policy
Committee in the performance of its duties.
Sec. 5. Responsibilities of Federal Agencies.
(a) The heads of Executive agencies shall, to the
extent permitted by law, and in accordance with Section
105 of the Act, provide the Commission such information
as it may require for purposes of carrying out its
functions.
(b) The heads of Executive agencies shall, upon
reimbursement to be agreed upon by the Commission and
the agency head, permit the Commission to utilize their
facilities and services to the extent that the
facilities and services are needed for the
establishment and development of an Arctic research
policy. The Commission shall take every feasible step
to avoid duplication of effort.
(c) All Federal agencies shall consult with the
Commission before undertaking major Federal actions
relating to Arctic research.
Sec. 6. Administration of the Commission.
Members of the Commission who are otherwise employed for
compensation shall serve without compensation for their work on
the Commission, but may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by law for
persons serving intermittently in the government service.
Members of the Commission who are not otherwise employed for
compensation shall be compensated for each day the member is
engaged in actual performance of duties as a member, not to
exceed 90 days of service each calendar year, at a rate equal
to the daily equivalent of the rate for GS-16 of the General
Schedule.
Sec. 7. Establishment of Interagency Arctic Research Policy
Committee.
There is established the Interagency Arctic Research Policy
Committee (the ``Interagency Committee''). The National Science
Foundation shall serve as lead agency on the Interagency
Committee and shall be responsible for implementing Arctic
research policy.
Sec. 8. Membership of the Interagency Committee.
The Interagency Committee shall be composed of
representatives of the following Federal agencies or their
designees:
(a) National Science Foundation;
(b) Department of Commerce;
(c) Department of Defense;
(d) Department of Energy;
(e) Department of the Interior;
(f) Department of State;
(g) Department of Transportation;
(h) Department of Health and Human Services;
(i) Department of Homeland Security;
(j) National Aeronautics and Space Administration;
(k) Environmental Protection Agency;
(l) Office of Science and Technology Policy; and
(m) any other Executive agency that the Director of
the National Science Foundation shall deem appropriate.
The Director of the National Science Foundation or his
designee shall serve as Chairperson of the Interagency
Committee.
Sec. 9. Functions of the Interagency Committee.
(a) The Interagency Committee shall:
(1) survey Arctic research conducted by
Federal, State, and local agencies,
universities, and other public and private
institutions to help determine priorities for
future Arctic research, including natural
resources and materials, physical and
biological sciences, and social and behavioral
sciences;
(2) work with the Commission to develop and
establish an integrated national Arctic
research policy that will guide Federal
agencies in developing and implementing their
research programs in the Arctic;
(3) consult with the Commission on:
(a) the development of the national
Arctic research policy and the 5-year
plan implementing the policy;
(b) Arctic research programs of
Federal agencies;
(c) recommendations of the
Commission on future Arctic research;
and
(d) guidelines for Federal agencies
for awarding and administering Arctic
research grants;
(4) develop a 5-year plan to implement the
national policy, as provided in section 109 of
the Act;
(5) provide the necessary coordination,
data, and assistance for the preparation of a
single integrated, coherent, and multiagency
budget request for Arctic research, as provided
in section 110 of the Act;
(6) facilitate cooperation between the
Federal government and State and local
governments in Arctic research, and recommend
the undertaking of neglected areas of research;
(7) coordinate and promote cooperative
Arctic scientific research programs with other
nations, subject to the foreign policy guidance
of the Secretary of State;
(8) cooperate with the Governor of the
State of Alaska in fulfilling its
responsibilities under the Act; and
(9) promote Federal interagency
coordination of all Arctic research activities,
including:
(a) logistical planning and
coordination; and
(b) the sharing of data and
information associated with Arctic
research, subject to section 552 of
title 5, United States Code.
(b) Not later than January 31, 1986, and biennially
thereafter, the Interagency Committee shall submit to
the Congress through the President a report concerning:
(1) its activities and accomplishments
since its last report; and
(2) the activities of the Commission,
detailing with particularity the
recommendations of the Commission with respect
to Federal activities in Arctic research.
Sec. 10. Public Participation.
The Interagency Committee will provide public notice of its
meetings and an opportunity for the public to participate in
the development and implementation of national Arctic research
policy. Sec. 11. Administration of Interagency Committee.
Each agency represented on the Committee shall, to the
extent permitted by law and subject to the availability of
funds, provide the Committee with such administrative services,
facilities, staff, and other support services as may be
necessary for effective performance of its functions.
Executive Order 12555
Protection of Cultural Property
(As amended by EO 13284)
=======================================================================
Signed: March 10, 1986
Federal Register page and date: 51 FR 8475; March 12, 1986
Amends: EO 12139, May 23, 1979
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Convention on Cultural Property Implementation
Act (Title III of Public Law 97446; hereinafter referred to as
the ``Act''), and Section 301 of Title 3 of the United States
Code, it is hereby ordered as follows:
Section 1. United States Information Agency.
The following functions conferred upon the President by the
Act are hereby delegated to the Director of the United States
Information Agency, acting in consultation with the Secretary
of State and the Secretary of Homeland Security:
(a) The functions conferred by section 303(a)(1)
concerning determinations to be made prior to
initiation of negotiations of bilateral or multilateral
agreements.
(b) The functions conferred by section 303(d) with
respect to the determinations concerning the failure of
other parties to an agreement to take any or
satisfactory implementation action on their agreement;
provided, however, that the Secretary of State will
remain responsible for interpretation of the agreement.
(c) The functions conferred by section 303(e)
relating to the determinations to be made prior to the
initiation of negotiations for the extension of any
agreement.
(d) The functions conferred by section 303(f)
relating to the actions to be taken upon receipt of a
request made by a State Party to the Convention on the
Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property
adopted by the Sixteenth General Conference of the
United Nations Educational, Scientific and Cultural
Organization (hereinafter referred to as the
``Convention'').
(e) The functions conferred by section 303(g)(1)(B)
relating to the notification of Presidential action and
the furnishing of reports to the Congress.
(f) The functions conferred by section 304(b) to
the extent that they involve determinations by the
President that an emergency condition applies with
respect to any archaeological or ethnological material
of any State Party to the Convention, subject to the
limitations of sections 304(c)(1), 304(c)(2), and
304(c)(3).
(g) The functions conferred by section 304(c)(3) to
the extent that they involve determinations to be made
and the receipt and consideration of an advisory report
from the Cultural Property Advisory Committee by the
President prior to extensions of emergency import
restrictions.
(h) The functions conferred by sections 306(f)(6)
and 306(g) relating to the receipt of reports prepared
by the Cultural Property Advisory Committee.
(i) The functions conferred by section 306(h)
relating to the determinations to be made about the
disclosure of matters involved in the Cultural Property
Advisory Committee's proceedings.
Sec. 2. Department of State.
The following functions conferred upon the President by the
Act are hereby delegated to the Secretary of State, acting in
consultation with and with the participation of the Director of
the United States Information Agency and in consultation with
the Secretary of Homeland Security:
(a) The functions conferred by section 303(a)(2)
relating to the negotiation and conclusion of bilateral
or multilateral agreements under the Act, subject to
the restrictions of section 303(c).
(b) The functions conferred by section 303(a)(4)
relating to obtaining a commitment on the exchange of
archaeological and ethnological materials from a party
to an agreement.
(c) The functions conferred by section 303(e)
relating only to negotiation and conclusion of
extensions of agreements under the Act.
(d) Except with respect to subsection 303(g)(1)(B),
the functions conferred by section 303(g), relating to
the notification of Presidential action and the
furnishing of reports to the Congress.
(e) The functions conferred by section 304(c)(4) to
the extent that they involve the negotiation and
conclusion of agreements subject to advice and consent
to ratification by the Senate.
Sec. 3. Department of Homeland Security.
The following functions conferred upon the President by the
Act are hereby delegated to the Secretary of Homeland Security,
acting in consultation with the Director of the United States
Information Agency and the Secretary of State:
(a) Subject to subsection (b) of Section 1 above,
the functions conferred by section 303(d) to the extent
that they involve the suspension of import
restrictions.
(b) Subject to subsection (f) and (g) of Section 1
above, the functions conferred by section 304 to the
extent that they involve the application of import
restrictions set forth in section 307 and the extension
of such import restrictions pursuant to section
304(c)(3).
Sec. 4. Enforcement in Territories and Other Areas.
The Secretary of the Interior is designated to carry out
the enforcement functions in section 314.
Executive Order 12580
Superfund Implementation
(As amended by EO 12777, EO 13016, EO 13286, EO 13308)
=======================================================================
Signed: January 23, 1987
Federal Register page and date: 52 FR 2923; January 29, 1987
Amends: EO 12088, October 13, 1978
Revokes: EO 12316, August 14, 1981
Amended by: EO 12777, October 18, 1991
EO 13016, August 28, 1996
EO 13286, February 28, 2003
EO 13308, June 20, 2003
=======================================================================
By the authority vested in me as President of the United
States of America by Section 115 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, as amended (42 U.S.C. 9615 et seq.) (``the Act''), and by
Section 301 of Title 3 of the United States Code, it is hereby
ordered as follows:
Section 1. National Contingency Plan.
(a)(1) The National Contingency Plan (``the NCP''),
shall provide for a National Response Team (``the
NRT'') composed of representatives of appropriate
Federal departments and agencies for national planning
and coordination of preparedness and response actions,
and Regional Response Teams as the regional
counterparts to the NRT for planning and coordination
of regional preparedness and response actions.
(2) The following agencies (in addition to
other appropriate agencies) shall provide
representatives to the National and Regional
Response Teams to carry out their
responsibilities under the NCP: Department of
State, Department of Defense, Department of
Justice, Department of the Interior, Department
of Agriculture, Department of Commerce,
Department of Labor, Department of Health and
Human Services, Department of Transportation,
Department of Energy, Department of Homeland
Security, Environmental Protection Agency,
United States Coast Guard, and the Nuclear
Regulatory Commission.
(3) Except for periods of activation
because of response action, the representative
of the Environmental Protection Agency
(``EPA'') shall be the chairman, and the
representative of the United States Coast Guard
shall be the vice chairman, of the NRT and
these agencies' representatives shall be co-
chairs of the Regional Response Teams (``the
RRTs''). When the NRT or an RRT is activated
for a response action, the EPA representative
shall be the chairman when the release or
threatened release or discharge or threatened
discharge occurs in the inland zone, and the
United States Coast Guard representative shall
be the chairman when the release or threatened
release or discharge or threatened discharge
occurs in the coastal zone, unless otherwise
agreed upon by the EPA and the United States
Coast Guard representatives (inland and coastal
zones are defined in the NCP).
(4) The RRTs may include representatives
from State governments, local governments (as
agreed upon by the States), and Indian tribal
governments. Subject to the functions and
authorities delegated to Executive departments
and agencies in other sections of this order,
the NRT shall provide policy and program
direction to the RRTs.
(b) (1) The responsibility for the revision of the
NCP and all the other functions vested in the President
by Sections 105(a), (b), (c), (g) and (h), 125, and
301(f) of the Act, by Section 311(d)(1) of the Federal
Water Pollution Control Act, and by Section 4201(c) of
the Oil Pollution Act of 1990 is delegated to the
Administrator of the Environmental Protection Agency
(``the Administrator'').
(2) The function vested in the President by
Section 118(p) of the Superfund Amendments and
Reauthorization Act of 1986 (Pub. L. 99 - 499)
(``SARA'') is delegated to the Administrator.
(c) In accord with Section 107(f)(2)(A) of the Act,
Section 311(f)(5) of the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1321(f)(5)), and
Section 1006(b) (1) and (2) of the Oil Pollution Act of
1990, the following shall be among those designated in
the NCP as Federal trustees for natural resources:
(1) Secretary of Defense;
(2) Secretary of the Interior;
(3) Secretary of Agriculture;
(4) Secretary of Commerce;
(5) Secretary of Energy.
In the event of a spill, the above named Federal
trustees for natural resources shall designate one
trustee to act as Lead Administrative Trustee, the
duties of which shall be defined in the regulations
promulgated pursuant to Section 1006(e)(1) of OPA. If
there are natural resource trustees other than those
designated above which are acting in the event of a
spill, those other trustees may join with the Federal
trustees to name a Lead Administrative Trustee which
shall exercise the duties defined in the regulations
promulgated pursuant to Section 1006(e)(1) of OPA.
(d) Revisions to the NCP shall be made in
consultation with members of the NRT prior to
publication for notice and comment.
(e) All revisions to the NCP, whether in proposed
or final form, shall be subject to review and approval
by the Director of the Office of Management and Budget
(``OMB'').''
(b) The functions vested in the President by
Section 311(j)(4) of FWPCA, and Section 4202(b)(1) of
OPA, respecting the designation of Areas, the
appointment of Area Committee members, the requiring of
information to be included in Area Contingency Plans,
and the review and approval of Area Contingency Plans
are delegated to the Administrator of the Environmental
Protection Agency (``Administrator'') for the inland
zone and the Secretary of the Department in which the
Coast Guard is operating for the coastal zone (inland
and coastal zones are defined in the NCP).
Sec. 2. Response and Related Authorities.
(a) The functions vested in the President by the
first sentence of Section 104(b)(1) of the Act relating
to ``illness, disease, or complaints thereof' are
delegated to the Secretary of Health and Human Services
who shall, in accord with Section 104(i) of the Act,
perform those functions through the Public Health
Service.
(b) The functions vested in the President by
Sections 104(e)(7)(C), 113(k)(2), 119(c)(7), and
121(f)(1) of the Act, relating to promulgation of
regulations and guidelines, are delegated to the
Administrator, to be exercised in consultation with the
NRT.
(c)(1) The functions vested in the President by
Sections 104(a) and the second sentence of 126(b) of
the Act, to the extent they require permanent
relocation of residents, businesses, and community
facilities or temporary evacuation and housing of
threatened individuals not otherwise provided for, are
delegated to the Director of the Federal Emergency
Management Agency.
(2) Subject to subsection (b) of this
Section, the functions vested in the President
by Sections 117(a) and (c), and 119 of the Act,
to the extent such authority is needed to carry
out the functions delegated under paragraph
(1)of this subsection, are delegated to the
Director of the Federal Emergency Management
Agency.
(d) Subject to subsections (a), (b) and (c) of this
Section, the functions vested in the President by
Sections 104(a), (b) and (c)(4), 113(k), 117(a) and
(c), 119, and 121 of the Act are delegated to the
Secretaries of Defense and Energy, with respect to
releases or threatened releases where either the
release is on or the sole source of the release is from
any facility or vessel under the jurisdiction, custody
or control of their departments, respectively,
including vessels bare-boat chartered and operated.
These functions must be exercised consistent with the
requirements of Section 120 of the Act.
(e)(1) Subject to subsections (a), (b), (c), and
(d) of this Section, the functions vested in the
President by Sections 104(a), (b), and (c)(4), and 121
of the Act are delegated to the heads of Executive
departments and agencies, with respect to remedial
actions for releases or threatened releases which are
not on the National Priorities List (``the NPL'') and
removal actions other than emergencies, where either
the release is on or the sole source of the release is
from any facility or vessel under the jurisdiction,
custody or control of those departments and agencies,
including vessels bare-boat chartered and operated. The
Administrator shall define the term ``emergency'',
solely for the purposes of this subsection, either by
regulation or by a memorandum of understanding with the
head of an Executive department or agency.
(2) Subject to subsections (b), (c), and
(d) of this Section, the functions vested in
the President by Sections 104(b)(2), 113(k),
117(a) and (c), and 119 of the Act are
delegated to the heads of Executive departments
and agencies, with respect to releases or
threatened releases where either the release is
on or the sole source of the release is from
any facility or vessel under the jurisdiction,
custody or control of those departments and
agencies, including vessels bare-boat chartered
and operated.
(f) Subject to subsections (a), (b), (c), (d), and
(e) of this Section, the functions vested in the
President by Sections 104(a), (b) and (c)(4), 113(k),
117(a) and (c), 119, and 121 of the Act are delegated
to the Secretary of the Department in which the Coast
Guard is operating (``the Coast Guard''), with respect
to any release or threatened release involving the
coastal zone, Great Lakes waters, ports, and harbors.
(g) Subject to subsections (a), (b), (c), (d), (e),
and (f) of this Section, the functions vested in the
President by Sections 101(24), 104(a), (b), (c)(4) and
(c)(9), 113(k), 117(a) and (c), 119, 121, and 126(b) of
the Act are delegated to the Administrator. The
Administrator's authority under Section 119 of the Act
is retroactive to the date of enactment of SARA.
(h) The functions vested in the President by
Section 104(c)(3) of the Act are delegated to the
Administrator, with respect to providing assurances for
Indian tribes, to be exercised in consultation with the
Secretary of the Interior.
(i) Subject to subsections (d), (e), (f), (g) and
(h) of this Section, the functions vested in the
President by Section 104(c) and (d) of the Act are
delegated to the Coast Guard, the Secretary of Health
and Human Services, the Director of the Federal
Emergency Management Agency, and the Administrator in
order to carry out the functions delegated to them by
this Section.
(j)(1) The functions vested in the President by
Section 104(e)(5)(A) are delegated to the heads of
Executive departments and agencies, with respect to
releases or threatened releases where either the
release is on or the sole source of the release is from
any facility or vessel under the jurisdiction, custody
or control of those departments and agencies, to be
exercised with the concurrence of the Attorney General.
(2) Subject to subsection (b) of this
Section and paragraph (1) of this subsection,
the functions vested in the President by
Section 104(e) are delegated to the heads of
Executive departments and agencies in order to
carry out their functions under this Order or
the Act.
(k) The functions vested in the President by
Sections 104(f), (g), (h), (i)(11), and (j) of the Act
are delegated to the heads of Executive departments and
agencies in order to carry out the functions delegated
to them by this Section. The exercise of authority
under Section 104(h) of the Act shall be subject to the
approval of the Administrator of the Office of Federal
Procurement Policy.
Sec. 3. Cleanup Schedules.
(a) The functions vested in the President by
Sections 116(a) and the first two sentences of 105(d)
of the Act are delegated to the heads of Executive
departments and agencies with respect to facilities
under the jurisdiction, custody or control of those
departments and agencies.
(b) Subject to subsection (a) of this Section, the
functions vested in the President by Sections 116 and
105(d) are delegated to the Administrator.
Sec. 4. Enforcement.
(a) The functions vested in the President by
Sections 109(d) and 122(e) (3) (A) of the Act, relating
to development of regulations and guidelines, are
delegated to the Administrator, to be exercised in
consultation with the Attorney General.
(b)(1) Subject to subsection (a) of this Section,
the functions vested in the President by Section 122
(except subsection (b)(1)) are delegated to the heads
of Executive departments and agencies, with respect to
releases or threatened releases not on the NPL where
either the release is on or the sole source of the
release is from any facility under the jurisdiction,
custody or control of those Executive departments and
agencies. These functions may be exercised only with
the concurrence of the Attorney General.
(2) Subject to subsection (a) of this
Section, the functions vested in the President
by Section 109 of the Act, relating to
violations of Section 122 of the Act, are
delegated to the heads of Executive departments
and agencies, with respect to releases or
threatened releases not on the NPL where either
the release is on or the sole source of the
release is from any facility under the
jurisdiction, custody or control of those
Executive departments and agencies. These
functions may be exercised only with the
concurrence of the Attorney General.
(c)(1) Subject to subsection (a) and (b)(1) of this
Section, the functions vested in the President by
Sections 106(a) and 122 of the Act are delegated to the
Coast Guard with respect to any release or threatened
release involving the coastal zone, Great Lakes waters,
ports, and harbors.
(2) Subject to subsection (a) and (b)(2) of
this Section, the functions vested in the
President by Section 109 of the Act, relating
to violations of Sections 103(a) and (b), and
122 of the Act, are delegated to the Coast
Guard with respect to any release or threatened
release involving the coastal zone, Great Lakes
waters, ports, and harbors.
(3) Subject to subsections (a) and (b)(1)
of this section, the functions vested in the
President by sections 106(a) and 122 (except
subsection (b)(1)) of the Act are delegated to
the Secretary of the Interior, the Secretary of
Commerce, the Secretary of Agriculture, the
Secretary of Defense, and the Secretary of
Energy, to be exercised only with the
concurrence of the Coast Guard, with respect to
any release or threatened release in the
coastal zone, Great Lakes waters, ports, and
harbors, affecting (1) natural resources under
their trusteeship, or (2) a vessel or facility
subject to their custody, jurisdiction, or
control. Such authority shall not be exercised
at any vessel or facility at which the Coast
Guard is the lead Federal agency for the
conduct or oversight of a response action. Such
authority shall not be construed to authorize
or permit use of the Hazardous Substance
Superfund to implement section 106 or to fund
performance of any response action in lieu of
the payment by a person who receives but does
not comply with an order pursuant to section
106(a), where such order has been issued by the
Secretary of the Interior, the Secretary of
Commerce, the Secretary of Agriculture, the
Secretary of Defense, or the Secretary of
Energy.
This subsection shall not be construed to
limit any authority delegated by any other
section of this order. Authority granted under
this subsection shall be exercised in a manner
to ensure interagency coordination that
enhances efficiency and effectiveness.
(d)(1) Subject to subsections (a), (b)(1), and
(c)(1) of this Section, the functions vested in the
President by Sections 106 and 122 of the Act are
delegated to the Administrator.
(2) Subject to subsections (a), (b)(2), and
(c)(2) of this Section, the functions vested in
the President by Section 109 of the Act,
relating to violations of Sections 103 and 122
of the Act, are delegated to the Administrator.
(3) Subject to subsections (a), (b)(1), and
(c)(1) of this section, the functions vested in
the President by sections 106(a) and 122
(except subsection (b)(1)) of the Act are
delegated to the Secretary of the Interior, the
Secretary of Commerce, the Secretary of
Agriculture, the Secretary of Defense, and the
Department of Energy, to be exercised only with
the concurrence of the Administrator, with
respect to any release or threatened release
affecting (1) natural resources under their
trusteeship, or (2) a vessel or facility
subject to their custody, jurisdiction, or
control. Such authority shall not be exercised
at any vessel or facility at which the
Administrator is the lead Federal official for
the conduct or oversight of a response action.
Such authority shall not be construed to
authorize or permit use of the Hazardous
Substance Superfund to implement section 106 or
to fund performance of any response action in
lieu of the payment by a person who receives
but does not comply with an order pursuant to
section 106(a), where such order has been
issued by the Secretary of the Interior, the
Secretary of Commerce, the Secretary of
Agriculture, the Secretary of Defense, or the
Secretary of Energy. This subsection shall not
be construed to limit any authority delegated
by any other section of this order. Authority
granted under this subsection shall be
exercised in a manner to ensure interagency
coordination that enhances efficiency and
effectiveness.
(e) Notwithstanding any other provision of this
Order, the authority under Sections 104(e)(5)(A) and
106(a) of the Act to seek information, entry,
inspection, samples, or response actions from Executive
departments and agencies may be exercised only with the
concurrence of the Attorney General.
Sec. 5. Liability.
(a) The function vested in the President by Section
107(c)(1)(c) of the Act is delegated to the Secretary
of Transportation.
(b) The functions vested in the President by
Section 107(c)(3) of the Act are delegated to the Coast
Guard with respect to any release or threatened release
involving the coastal zone, Great Lakes waters, ports,
and harbors.
(c) Subject to subsection (b) of this Section, the
functions vested in the President by Section 107(c)(3)
of the Act are delegated to the Administrator.
(d) The functions vested in the President by
Section 107(f)(1) of the Act are delegated to each of
the Federal trustees for natural resources designated
in the NCP for resources under their trusteeship.
(e) The functions vested in the President by
Section 107(f)(2)(B) of the Act, to receive
notification of the state natural resource trustee
designations, are delegated to the Administrator.
(f) The functions vested in the President by
Section 107(o) and (p) of the Act are delegated to the
heads of the Executive departments and agencies, to be
exercised in consultation with the Administrator, with
respect to releases or threatened releases where either
the release is on or the sole source of the release is
from any facility under the jurisdiction, custody, or
control of those departments and agencies.
(g) Subject to subsection (f) of this Section, the
functions vested in the President by Section 107(o) and
(p) of the Act are delegated to the Administrator
except that, with respect to determinations regarding
natural resource restoration, the Administrator shall
make such determinations in consultation with the
appropriate Federal natural resource trustee.
Sec. 6. Litigation.
a) Notwithstanding any other provision of this
Order, any representation pursuant to or under this
Order in any judicial proceeding shall be by or through
the Attorney General. The conduct and control of all
litigation arising under the Act shall be the
responsibility of the Attorney General.
(b) Notwithstanding any other provision of this
Order, the authority under the Act to require the
Attorney General to commence litigation is retained by
the President.
(c) The functions vested in the President by
Section 113(g) of the Act, to receive notification of a
natural resource trustee's intent to file suit, are
delegated to the heads of Executive departments and
agencies with respect to response actions for which
they have been delegated authority under Section 2 of
this Order. The Administrator shall promulgate
procedural regulations for providing such notification.
(d) The functions vested in the President by
Sections 310 (d) and (e) of the Act, relating to
promulgation of regulations, are delegated to the
Administrator.
Sec. 7. Financial Responsibility.
(a) The functions vested in the President by
Section 107(k)(4)(B) of the Act are delegated to the
Secretary of the Treasury. The Administrator will
provide the Secretary with such technical information
and assistance as the Administrator may have available.
(b)(1) The functions vested in the President by
Section 108(a)(1) of the Act are delegated to the Coast
Guard.
(2) Subject to Section 4(a) of this Order,
the functions vested in the President by
Section 109 of the Act, relating to violations
of Section 108(a)(1) of the Act, are delegated
to the Coast Guard.
(c)(1) The functions vested in the President by
Section 108(b) of the Act are delegated to the
Secretary of Transportation with respect to all
transportation related facilities, including any
pipeline, motor vehicle, rolling stock, or aircraft.
(2) Subject to Section 4(a) of this Order,
the functions vested in the President by
Section 109 of the Act, relating to violations
of Section 108(a)(3) of the Act, are delegated
to the Secretary of Transportation.
(3) Subject to Section 4(a) of this Order,
the functions vested in the President by
Section 109 of the Act, relating to violations
of Section 108(b) of the Act, are delegated to
the Secretary of Transportation with respect to
all transportation related facilities,
including any pipeline, motor vehicle, rolling
stock, or aircraft.
(d)(1) Subject to subsection (c)(1) of this
Section, the functions vested in the President by
Section 108(a)(4) and (b) of the Act are delegated to
the Administrator.
(2) Subject to Section 4(a) of this Order
and subsection (c)(3) of this Section, the
functions vested in the President by Section
109 of the Act, relating to violations of
Section 108(a)(4) and (b) of the Act, are
delegated to the Administrator.
Sec. 8. Employee Protection and Notice to Injured.
(a) The functions vested in the President by
Section 110(e) of the Act are delegated to the
Administrator.
(b) The functions vested in the President by
Section 111(g) of the Act are delegated to the
Secretaries of Defense and Energy with respect to
releases from facilities or vessels under the
jurisdiction, custody or control of their departments,
respectively, including vessels bare-boat chartered and
operated.
(c) Subject to subsection (b) of this Section, the
functions vested in the President by Section 111(g) of
the Act are delegated to the Administrator.
Sec. 9. Management of the Hazardous Substance Superfund and
Claims.
(a) The functions vested in the President by
Section 111(a) of the Act are delegated to the
Administrator, subject to the provisions of this
Section and other applicable provisions of this Order.
(b) The Administrator shall transfer to other
agencies, from the Hazardous Substance Superfund out of
sums appropriated, such amounts as the Administrator
may determine necessary to carry out the purposes of
the Act. These amounts shall be consistent with the
President's Budget, within the total approved by the
Congress, unless a revised amount is approved by OMB.
Funds appropriated specifically for the Agency for
Toxic Substances and Disease Registry (``ATSDR''),
shall be directly transferred to ATSDR, consistent with
fiscally responsible investment of trust fund money.
(c) The Administrator shall chair a budget task
force composed of representatives of Executive
departments and agencies having responsibilities under
this Order or the Act. The Administrator shall also, as
part of the budget request for the Environmental
Protection Agency, submit to OMB a budget for the
Hazardous Substance Superfund which is based on
recommended levels developed by the budget task force.
The Administrator may prescribe reporting and other
forms, procedures, and guidelines to be used by the
agencies of the Task Force in preparing the budget
request, consistent with budgetary reporting
requirements issued by OMB. The Administrator shall
prescribe forms to agency task force members for
reporting the expenditure of funds on a site specific
basis.
(d) The Administrator and each department and
agency head to whom funds are provided pursuant to this
Section, with respect to funds provided to them, are
authorized in accordance with Section 111(t) of the Act
to designate Federal officials who may obligate such
funds.
(e) The functions vested in the President by
Section 112 of the Act are delegated to the
Administrator for all claims presented pursuant to
Section 111 of the Act.
(f) The functions vested in the President by
Section 111(o) of the Act are delegated to the
Administrator.
(g) The functions vested in the President by
Section 117(e) of the Act are delegated to the
Administrator, to be exercised in consultation with the
Attorney General.
(h) The functions vested in the President by
Section 123 of the Act are delegated to the
Administrator.
(i) Funds from the Hazardous Substance Superfund
may be used, at the discretion of the Administrator or
the Coast Guard, to pay for removal actions for
releases or threatened releases from facilities or
vessels under the jurisdiction, custody or control of
Executive departments and agencies but must be
reimbursed to the Hazardous Substance Superfund by such
Executive department or agency.
Sec. 10. Federal Facilities.
(a) When necessary, prior to selection of a
remedial action by the Administrator under Section
120(e)(4)(A) of the Act, Executive agencies shall have
the opportunity to present their views to the
Administrator after using the procedures under Section
1-6 of Executive Order No. 12088 of October 13, 1978,
or any other mutually acceptable process.
Notwithstanding subsection 1-602 of Executive Order No.
12088, the Director of the Office of Management and
Budget shall facilitate resolution of any issues.
(b) Executive Order No. 12088 of October
13, 1978, is amended by renumbering the current
Section 1-802 as Section 1-803 and inserting
the following new Section 1-802:
``1-802. Nothing in this Order shall create
any right or benefit, substantive or
procedural, enforceable at law by a party
against the United States, its agencies, its
officers, or any person.''
Sec. 11. General Provisions.
(a) The function vested in the President by Section
101 (37) of the Act is delegated to the Administrator.
(b)(1) The function vested in the President by
Section 105(1) of the Act, relating to reporting on
minority participation in contracts, is delegated to
the Administrator.
(2) Subject to paragraph i of this
subsection, the functions vested in the
President by Section 105(1) of the Act are
delegated to the heads of Executive departments
and agencies in order to carry out the
functions delegated to them by this Order. Each
Executive department and agency shall provide
to the Administrator any requested information
on minority contracting for inclusion in the
Section 105(1) annual report.
(c) The functions vested in the President by
Section 126(c) of the Act are delegated to the
Administrator, to be exercised in consultation with the
Secretary of the Interior.
(d) The functions vested in the President by
Section 301(c) of the Act are delegated to the
Secretary of the Interior.
(e) Each agency shall have authority to issue such
regulations as may be necessary to carry out the
functions delegated to them by this Order.
(f) The performance of any function under this
Order shall be done in consultation with interested
Federal departments and agencies represented on the
NRT, as well as with any other interested Federal
agency.
(g) The following functions vested in the President
by the Act which have been delegated or assigned by
this Order may be redelegated to the head of any
Executive department or agency with his consent:
functions set forth in Sections 2 (except subsection
(b)), 3, 4(b), 4(c), 4(d), 5(b), 5(c), and 8(c) of this
Order.
(h) Executive Order No. 12316 of August 14, 1981,
is revoked.
Sec. 12. Brownfields.
(a) The functions vested in the President by
Sections 101(39) and (41) and 104(k) of the Act are
delegated to the Administrator.
(b) The functions vested in the President by
Section 128(b)(1)(B)(ii) of the Act are delegated to
the heads of the Executive departments and agencies, to
be exercised in consultation with the Administrator,
with respect to property subject to their jurisdiction,
custody, or control.
(c) The functions vested in the President by
Section 128(b)(1)(E) of the Act are delegated to the
heads of Executive departments and agencies in cases
where they have acted under subsection (b) of this
Section.
(d) Subject to subsections (b) and (c) of this
Section, the functions vested in the President by
Section 128 of the Act are delegated to the
Administrator.
Sec. 13. Preservation of Authorities.
Nothing in this order shall be construed to impair or
otherwise affect the functions of the Director of the Office of
Management and Budget relating to budget, administrative, or
legislative proposals.
Sec. 14. 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 equity by a party against the
United States, its departments, agencies, instrumentalities, or
entities, its officers or employees, or any other person.
Executive Order 12590
National Drug Policy Board
(As amended by EO 13286)
=======================================================================
Signed: March 26, 1987
Federal Register page and date: 52 FR 10021; March 30, 1987
Amends: EO 12368, June 24, 1982
Amended by: EO 13284, January 23, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 872, 873, 1111, 1112, 1113, 1114, 1202, and
1203 of title 21 of the United States Code, and in order to
coordinate the performance of all drug abuse policy functions
of the Federal government, it is hereby ordered as follows:
Section 1. Establishment.
(a) There is hereby established the National Drug
Policy Board (``the Board'').
(b) The Board shall be composed of the following
members:
(1) the Attorney General, who shall serve
as Chairman;
(2) the Secretary of Health and Human
Services, who shall serve as Vice Chairman;
(3) the Secretary of State;
(4) the Secretary of the Treasury;
(5) the Secretary of Defense;
(6) the Secretary of the Interior;
(7) the Secretary of Agriculture;
(8) the Secretary of Labor; (9) the
Secretary of Housing and Urban Development;
(10) the Secretary of Transportation;
(11) the Secretary of Energy;
(12) the Secretary of Education;
(13) the Secretary of Homeland Security;
(14) the Director of the Office of
Management and Budget;
(15) the Assistant to the President for
National Security Affairs;
(16) the Director of Central Intelligence;
(17) the Chief of Staff to the Vice
President;
(18) the Director of the White House Drug
Abuse Policy Office; and
(19) such other members as the President
may, from time to time, designate.
Sec. 2. Functions.
(a) The Board shall facilitate the development and
coordination of national drug policy and shall
coordinate activities of Executive departments and
agencies to reduce the supply and use of illegal drugs,
including international activities, enforcement,
prevention and education, treatment and rehabilitation,
and research relating to illegal drugs.
(b) In furtherance of its responsibilities, the
Board shall:
(1) review, evaluate and develop United
States Government policy, strategy and
resources with respect to illegal drug law
enforcement, prevention and education,
treatment and rehabilitation, and research
efforts, including budgetary priorities and
national plans and strategies;
(2) facilitate coordination of efforts of
all Executive departments and agencies to halt
national and international trafficking of
illegal drugs and to reduce drug abuse;
(3) coordinate the collection and
evaluation of information necessary to
implement United States policy with respect to
illegal drug law enforcement and to the
reduction of drug abuse; and
(4) provide policy guidance to the agencies
and facilitate resolution of differences in
this area concerning interagency activities and
other matters affecting two or more agencies.
(c) In order to help coordinate the activities of
Executive departments and agencies with responsibility
for drug law enforcement and drug abuse reduction, and
to supervise implementation of the determinations of
the Board, the Chairman shall:
(1) advise the Board in matters concerning
its responsibilities;
(2) make recommendations to the Board for
the coordination of drug enforcement and drug
abuse reduction activities;
(3) correlate and evaluate intelligence and
other information to support the activities of
the Board;
(4) act as primary advisor to the President
and the Congress on national and international
programs and policies and the implementation of
those policies; and
(5) perform such other duties as the
President may direct.
(d) The Board shall carry out all duties and
responsibilities of the National Drug Enforcement
Policy Board, as set forth in Chapter XIII (The
National Narcotics Act) of Title II of Public Law 98-
473.
(e) Nothing in this Order shall be deemed to affect
the authorities or responsibilities of the Office of
Management and Budget, or any Office or official
thereof.
Sec. 3. Coordinating Groups.
The Board shall establish a Drug Enforcement Coordinating
Group and a Drug Abuse Prevention and Health Coordinating
Group. The membership and chairman of each Coordinating Group
shall be designated by the Chairman of the Board.
Sec. 4. Conforming Amendments.
(a) Section I of Executive Order No. 12368 is
amended to provide as follows:
``The Office of Policy Development has been assigned to
assist the President and the National Drug Policy Board in the
performance of the. drug policy functions contained in Section
201 of Title II of the Drug Abuse Prevention, Treatment, and
Rehabilitation Act, as amended (21 U.S.C. 1111). Within the
Office of Policy Development, the Director of the Drug Abuse
Policy Office shall be primarily responsible for assisting the
President and the Board in the performance of those
functions.''
(b) Section 2 of Executive Order No. 12368 is
amended by deleting ``Director of the Drug Abuse Policy
Office'' and inserting in lieu thereof ``National Drug
Policy Board'' and by deleting ``he'' and inserting in
lieu thereof ``the National Drug Policy Board.''
Executive Order 12656
Assignment of Emergency Preparedness Responsibilities
(As amended by EO 13074, EO 13228, EO 13286, EO 13286)
=======================================================================
Signed: November 18, 1988
Federal Register page and date: 53 FR 47491; November 23, 1988
Amends: EO 12088, October 13, 1978
Revokes: EO 10421, December 31, 1952
EO 11490, October 28, 1969
Amended by: EO 13074, February 9, 1998
EO 13228, October 8, 2001
EO 13286, February
=======================================================================
Whereas our national security is dependent upon our ability
to assure continuity of government, at every level, in any
national security emergency situation that might confront the
Nation; and
Whereas effective national preparedness planning to meet
such an emergency, including a massive nuclear attack, is
essential to our national survival; and
Whereas effective national preparedness planning requires
the identification of functions that would have to be performed
during such an emergency, the assignment of responsibility for
developing plans for performing these functions, and the
assignment of responsibility for developing the capability to
implement those plans; and
Whereas the Congress has directed the development of such
national security emergency preparedness plans and has provided
funds for the accomplishment thereof;
Now, Therefore, by virtue of the authority vested in me as
President by the Constitution and laws of the United States of
America, and pursuant to Reorganization Plan No. 1 of 1958 (72
Stat. 1799), the National Security Act of 1947, as amended, the
Defense Production Act of 1950, as amended, and the Federal
Civil Defense Act, as amended, it is hereby ordered that the
responsibilities of the Federal departments and agencies in
national security emergencies shall be as follows:
Part 1-Preamble
Section 101. National Security Emergency Preparedness Policy.
(a) The policy of the United States is to have
sufficient capabilities at all levels of government to
meet essential defense and civilian needs during any
national security emergency. A national security
emergency is any occurrence, including natural
disaster, military attack, technological emergency, or
other emergency, that seriously degrades or seriously
threatens the national security of the United States.
Policy for national security emergency preparedness
shall be established by the President. Pursuant to the
President's direction, the National Security Council
shall be responsible for developing and administering
such policy, except that the Homeland Security Council
shall be responsible for administering such policy with
respect to terrorist threats and attacks within the
United States. All national security emergency
preparedness activities shall be consistent with the
Constitution and laws of the United States and with
preservation of the constitutional government of the
United States.
(b) Effective national security emergency
preparedness planning requires: identification of
functions that would have to be performed during such
an emergency; development of plans for performing these
functions; and development of the capability to execute
those plans.
Sec. 102. Purpose.
(a) The purpose of this Order is to assign national
security emergency preparedness responsibilities to
Federal departments and agencies. These assignments are
based, whenever possible, on extensions of the regular
missions of the departments and agencies.
(b) This Order does not constitute authority to
implement the plans prepared pursuant to this Order.
Plans so developed may be executed only in the event
that authority for such execution is authorized by law.
Sec. 103. Scope.
(a) This Order addresses national security
emergency preparedness functions and activities. As
used in this Order, preparedness functions and
activities include, as appropriate, policies, plans,
procedures, and readiness measures that enhance the
ability of the United States Government to mobilize
for, respond to, and recover from a national security
emergency.
(b) This Order does not apply to those natural
disasters, technological emergencies, or other
emergencies, the alleviation of which is normally the
responsibility of individuals, the private sector,
volunteer organizations, State and local governments,
and Federal departments and agencies unless such
situations also constitute a national security
emergency.
(c) This Order does not require the provision of
information concerning, or evaluation of, military
policies, plans, programs, or states of military
readiness.
(d) This Order does not apply to national security
emergency preparedness telecommunications functions and
responsibilities that are otherwise assigned by
Executive Order 12472.
Sec. 104. Management of National Security Emergency
Preparedness.
(a) The National Security Council is the principal
forum for consideration of national security emergency
preparedness policy, except that the Homeland Security
Council is the principal forum for consideration of
policy relating to terrorist threats and attacks within
the United States.
(b) The National Security Council and the Homeland
Security Council shall arrange for Executive branch
liaison with, and assistance to, the Congress and the
Federal judiciary on national security-emergency
preparedness matters.
(c) The Secretary of Homeland Security shall serve
as an advisor to the National Security Council on
issues of national security emergency preparedness,
including mobilization preparedness, civil defense,
continuity of government, technological disasters, and
other issues, as appropriate. Pursuant to such
procedures for the organization and management of the
National Security Council and Homeland Security Council
processes as the President may establish, the Secretary
of Homeland Security also shall assist in the
implementation of and management of those processes as
the President may establish. The Secretary of Homeland
Security also shall assist in the implementation of
national security emergency preparedness policy by
coordinating with the other Federal departments and
agencies and with State and local governments, and by
providing periodic reports to the National Security
Council and the Homeland Security Council on
implementation of national security emergency
preparedness policy.
(d) National security emergency preparedness
functions that are shared by more than one agency shall
be coordinated by the head of the Federal department or
agency having primary responsibility and shall be
supported by the heads of other departments and
agencies having related responsibilities.
(e) There shall be a national security emergency
exercise program that shall be supported by the heads
of all appropriate Federal departments and agencies.
(f) Plans and procedures will be designed and
developed to provide maximum flexibility to the
President for his implementation of emergency actions.
Sec. 105. Interagency Coordination.
(a) All appropriate Cabinet members and agency
heads shall be consulted regarding national security
emergency preparedness programs and policy issues. Each
department and agency shall support interagency
coordination to improve preparedness and response to a
national security emergency and shall develop and
maintain decentralized capabilities wherever feasible
and appropriate.
(b) Each Federal department and agency shall work
within the framework established by, and cooperate with
those organizations assigned responsibility in,
Executive Order No. 12472, to ensure adequate national
security emergency preparedness telecommunications in
support of the functions and activities addressed by
this Order.
Part 2-General Provisions
Sec. 201. General.
The head of each Federal department and agency, as
appropriate, shall:
(1) Be prepared to respond adequately to all
national security emergencies, including those that are
international in scope, and those that may occur within
any region of the Nation;
(2) Consider national security emergency
preparedness factors in the conduct of his or her
regular functions, particularly those functions
essential in time of emergency. Emergency plans and
programs, and an appropriate state of readiness,
including organizational infrastructure, shall be
developed as an integral part of the continuing
activities of each Federal department and agency;
(3) Appoint a senior policy official as Emergency
Coordinator, responsible for developing and maintaining
a multi-year, national security emergency preparedness
plan for the department or agency to include
objectives, programs, and budgetary requirements;
(4) Design preparedness measures to permit a rapid
and effective transition from routine to emergency
operations, and to make effective use of the period
following initial indication of a probable national
security emergency. This will include:
(a) Development of a system of emergency
actions that defines alternatives, processes,
and issues to be considered during various
states of national security emergencies;
(b) Identification of actions that could be
taken in the early stages of a national
security emergency or pending national security
emergency to mitigate the impact of or reduce
significantly the lead times associated with
full emergency action implementation;
(5) Base national security emergency preparedness
measures on the use of existing authorities,
organizations, resources, and systems to the maximum
extent practicable;
(6) Identify areas where additional legal
authorities may be needed to assist management and,
consistent with applicable Executive orders, take
appropriate measures toward acquiring those
authorities;
(7) Make policy recommendations to the National
Security Council and Homeland Security Council
regarding national security emergency preparedness
activities and functions of the Federal Government;
(8) Coordinate with State and local government
agencies and other organizations, including private
sector organizations, when appropriate. Federal plans
should include appropriate involvement of and reliance
upon private sector organizations in the response to
national security emergencies;
(9) Assist State, local, and private sector
entities in developing plans for mitigating the effects
of national security emergencies and for providing
services that are essential to a national response;
(10) Cooperate, to the extent appropriate, in
compiling, evaluating, and exchanging relevant data
related to all aspects of national security emergency
preparedness;
(11) Develop programs regarding congressional
relations and public information that could be used
during national security emergencies;
(12) Ensure a capability to provide, during a
national security emergency, information concerning
Acts of Congress, presidential proclamations, Executive
orders, regulations, and notices of other actions to
the Archivist of the United States, for publication in
the Federal Register, or to each agency designated to
maintain the Federal Register in an emergency;
(13) Develop and conduct training and education
programs that incorporate emergency preparedness and
civil defense information necessary to ensure an
effective national response;
(14) Ensure that plans consider the consequences
for essential services provided by State and local
governments, and by the private sector, if the flow of
Federal funds is disrupted;
(15) Consult and coordinate with the Secretary of
Homeland Security to ensure that those activities and
plans are consistant with current Presidential
guidelines and policies.
Sec. 202. Continuity of Government.
The head of each Federal department and agency shall ensure
the continuity of essential functions in any national security
emergency by providing for: succession to office and emergency
delegation of authority in accordance with applicable law;
safekeeping of essential resources, facilities, and records;
and establishment of emergency operating capabilities.
Sec. 203. Resource Management.
The head of each Federal department and agency, as
appropriate within assigned areas of responsibility, shall:
(1) Develop plans and programs to mobilize
personnel (including reservist programs), equipment,
facilities, and other resources;
(2) Assess essential emergency requirements and
plan for the possible use of alternative resources to
meet essential demands during and following national
security emergencies;
(3) Prepare plans and procedures to share between
and among the responsible agencies resources such as
energy, equipment, food, land, materials, minerals,
services, supplies, transportation, water, and
workforce needed to carry out assigned responsibilities
and other essential functions, and cooperate with other
agencies in developing programs to ensure availability
of such resources in a national security emergency;
(4) Develop plans to set priorities and allocate
resources among civilian and military claimants;
(5) Identify occupations and skills for which there
may be a critical need in the event of a national
security emergency.
Sec. 204. Protection of Essential Resources and Facilities.
The head of each Federal department and agency, within
assigned areas of responsibility, shall:
(1) Identify facilities and resources, both
government and private, essential to the national
defense and national welfare, and assess their
vulnerabilities and develop strategies, plans, and
programs to provide for the security of such facilities
and resources, and to avoid or minimize disruptions of
essential services during any national security
emergency;
(2) Participate in interagency activities to assess
the relative importance of various facilities and
resources to essential military and civilian needs and
to integrate preparedness and response strategies and
procedures;
(3) Maintain a capability to assess promptly the
effect of attack and other disruptions during national
security emergencies.
Sec. 205. Federal Benefit, Insurance, and Loan Programs.
The head of each Federal department and agency that
administers a loan, insurance, or benefit program that relies
upon the Federal Government payment system shall coordinate
with the Secretary of the Treasury in developing plans for the
continuation or restoration, to the extent feasible, of such
programs in national security emergencies.
Sec. 206. Research.
The Director of the Office of Science and Technology Policy
and the heads of Federal departments and agencies having
significant research and development programs shall advise the
National Security Council and the Homeland Security Council of
scientific and technological developments that should be
considered in national security emergency preparedness
planning.
Sec. 207. Redelegation.
The head of each Federal department and agency is hereby
authorized, to the extent otherwise permitted by law, to
redelegate the functions assigned by this Order, and to
authorize successive redelegations to organizations, officers,
or employees within that department or agency.
Sec. 208. Transfer of Functions.
Recommendations for interagency transfer of any emergency
preparedness function assigned under this Order or for
assignment of any new emergency preparedness function shall be
coordinated with all affected Federal departments and agencies
before submission to the National Security Council and the
Homeland Security Council.
Sec. 209. Retention of Existing Authority.
Nothing in this Order shall be deemed to derogate from
assignments of functions to any Federal department or agency or
officer thereof made by law.
Part 3-Department of Agriculture
Sec. 301. Lead Responsibilities. In addition to the applicable
responsibilities covered in Parts 1 and 2, the Secretary of
Agriculture shall:
(1) Develop plans to provide for the continuation
of agricultural production, food processing, storage,
and distribution through the wholesale level in
national security emergencies, and to provide for the
domestic distribution of seed, feed, fertilizer, and
farm equipment to agricultural producers;
(2) Develop plans to provide food and agricultural
products to meet international responsibilities in
national security emergencies;
(3) Develop plans and procedures for administration
and use of Commodity Credit Corporation inventories of
food and fiber resources in national security
emergencies;
(4) Develop plans for the use of resources under
the jurisdiction of the Secretary of Agriculture and,
in cooperation with the Secretaries of Commerce,
Defense, and the Interior, the Board of Directors of
the Tennessee Valley Authority, and the heads of other
government entities, plan for the national security
emergency management, production, and processing of
forest products;
(5) Develop, in coordination with the Secretary of
Defense, plans and programs for water to be used in
agricultural production and food processing in national
security emergencies;
(6) In cooperation with Federal, State, and local
agencies, develop plans for a national program relating
to the prevention and control of fires in rural areas
of the United States caused by the effects of enemy
attack or other national security emergencies;
(7) Develop plans to help provide the Nation's
farmers with production resources, including national
security emergency financing capabilities;
(8) Develop plans, in consonance with those of the
Department of Health and Human Services, the Department
of the Interior, and the Environmental Protection
Agency, for national security emergency agricultural
health services and forestry, including:
(a) Diagnosis and control or eradication of
diseases, pests, or hazardous agents
(biological, chemical, or radiological) against
animals, crops, timber, or products thereof;
(b) Protection, treatment, and handling of
livestock and poultry, or products thereof,
that have been exposed to or affected by
hazardous agents;
(c) Use and handling of crops, agricultural
commodities, timber, and agricultural lands
that have been exposed to or affected by
hazardous agents; and
(d) Assuring the safety and wholesomeness,
and minimizing losses from hazards, of animals
and animal products and agricultural
commodities and products subject to continuous
inspection by the Department of Agriculture or
owned by the Commodity Credit Corporation or by
the Department of Agriculture;
(9) In consultation with the Secretary of State and
the Secretary of Homeland Security, represent the
United States in agriculture-related international
civil emergency preparedness planning and related
activities.
Sec. 302. Support Responsibility. The Secretary of Agriculture
shall assist the Secretary of Defense in formulating and
carrying out plans for stockpiling strategic and critical
agricultural materials.
Part 4-Department of Commerce
Sec. 401. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts i and 2, the Secretary of Commerce shall:
(1) Develop control systems for priorities,
allocation, production, and distribution of materials
and other resources that will be available to support
both national defense and essential civilian programs
in a national security emergency;
(2) In cooperation with the Secretary of Defense
and other departments and agencies, identify those
industrial products and facilities that are essential
to mobilization readiness, national defense, or post-
attack survival and recovery;
(3) In cooperation with the Secretary of Defense
and other Federal departments and agencies, analyze
potential effects of national security emergencies on
actual production capability, taking into account the
entire production complex, including shortages of
resources, and develop preparedness measures to
strengthen capabilities for production increases in
national security emergencies;
(4) In cooperation with the Secretary of Defense,
perform industry analyses to assess capabilities of the
commercial industrial base to support the national
defense, and develop policy alternatives to improve the
international competitiveness of specific domestic
industries and their abilities to meet defense program
needs;
(5) In cooperation with the Secretary of the
Treasury, develop plans for providing emergency
assistance to the private sector through direct or
participation loans for the financing of production
facilities and equipment;
(6) In cooperation with the Secretaries of State,
Defense, Transportation, and the Treasury, prepare
plans to regulate and control exports and imports in
national security emergencies;
(7) Provide for the collection and reporting of
census information on human and economic resources, and
maintain a capability to conduct emergency surveys to
provide information on the status of these resources as
required for national security purposes;
(8) Develop overall plans and programs to ensure
that the fishing industry continues to produce and
process essential protein in national security
emergencies;
(9) Develop plans to provide meteorological ,
hydrologic, marine weather, geodetic, hydrographic,
climatic, seismic, and oceanographic data and services
to Federal, State, and local agencies, as appropriate;
(10) In coordination with the Secretary of State
and the Secretary of Homeland Security, represent the
United States in industry-related international (NATO
and allied) civil emergency preparedness planning and
related activities.
Sec. 402. Support Responsibilities. The Secretary of Commerce
shall:
(1) Assist the Secretary of Defense in formulating
and carrying out plans for stockpiling strategic and
critical materials;
(2) Support the Secretary of Agriculture in
planning for the national security management,
production, and processing of forest and fishery
products;
(3) Assist, in consultation with the Secretaries of
State and Defense, the Secretary of the Treasury in the
formulation and execution of economic measures
affecting other nations.
Part 5-Department of Defense
Sec. 501. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts i and 2, the Secretary of Defense shall:
(1) Ensure military preparedness and readiness to
respond to national security emergencies;
(2) In coordination with the Secretary of Commerce,
develop, with industry, government, and the private
sector, reliable capabilities for the rapid increase of
defense production to include industrial resources
required for that production;
(3) Develop and maintain, in cooperation with the
heads of other departments and agencies, national
security emergency plans, programs, and mechanisms to
ensure effective mutual support between and among the
military, civil government, and the private sector;
(4) Develop and maintain damage assessment
capabilities and assist the Secretary of Homeland
Security and the heads of other departments and
agencies in developing and maintaining capabilities to
assess attack damage and to estimate the effects of
potential attack on the Nation;
(5) Arrange, through agreements with the heads of
other Federal departments and agencies, for the
transfer of certain Federal resources to the
jurisdiction and/or operational control of the
Department of Defense in national security emergencies;
(6) Acting through the Secretary of the Army,
develop, with the concurrence of the heads of all
affected departments and agencies, overall plans for
the management, control, and allocation of all usable
waters from all sources within the jurisdiction of the
United States. This includes:
(a) Coordination of national security
emergency water resource planning at the
national, regional, State, and local levels;
(b) Development of plans to assure
emergency provision of water from public works
projects under the jurisdiction of the
Secretary of the Army to public water supply
utilities and critical defense production
facilities during national security
emergencies;
(c) Development of plans to assure
emergency operation of waterways and harbors;
and
(d) Development of plans to assure the
provision of potable water;
(7) In consultation with the Secretaries of State
and Energy, the Secretary of Homeland Security, and
others, as required, develop plans and capabilities for
identifying, analyzing, mitigating, and responding to
hazards related to nuclear weapons, materials, and
devices; and maintain liaison, as appropriate, with the
Secretary of Energy and the Members of the Nuclear
Regulatory Commission to ensure the continuity of
nuclear weapons production and the appropriate
allocation of scarce resources, including the recapture
of special nuclear materials from Nuclear Regulatory
Commission licensees when appropriate;
(8) Coordinate with the Administrator of the
National Aeronautics and Space Administration and the
Secretary of Energy, as appropriate, to prepare for the
use, maintenance, and development of technologically
advanced aerospace and aeronautical-related systems,
equipment, and methodologies applicable to national
security emergencies;
(9) Develop, in coordination with the Secretaries
of Labor and Homeland Security, the Directors of the
Selective Service System, the Office of Personnel
Management, and the Federal Emergency Management
Agency, plans and systems to ensure that the Nation's
human resources are available to meet essential
military and civilian needs in national security
emergencies;
(10) Develop national security emergency
operational procedures, and coordinate with the
Secretary of Housing and Urban Development with respect
to residential property, for the control, acquisition,
leasing, assignment and priority of occupancy of real
property within the jurisdiction of the Department of
Defense;
(11) Review the priorities and allocations systems
developed by other departments and agencies to ensure
that they meet Department of Defense needs in a
national security emergency; and develop and maintain
the Department of Defense programs necessary for
effective utilization of all priorities and allocations
systems;
(12) Develop, in coordination with the Attorney
General of the United States, specific procedures by
which military assistance to civilian law enforcement
authorities may be requested, considered, and provided;
(13) In cooperation with the Secretary of Commerce
and other departments and agencies, identify those
industrial products and facilities that are essential
to mobilization readiness, national defense, or
postattack survival and recovery;
(14) In cooperation with the Secretary of Commerce
and other Federal departments and agencies, analyze
potential effects of national security emergencies on
actual production capability, taking into account the
entire production complex, including shortages of
resources, and develop preparedness measures to
strengthen capabilities for production increases in
national security emergencies;
(15) With the assistance of the heads of other
Federal departments and agencies, provide management
direction for the stockpiling of strategic and critical
materials, conduct storage, maintenance, and quality
assurance operations for the stockpile of strategic and
critical materials, and formulate plans, programs, and
reports relating to the stockpiling of strategic and
critical materials.
(16) Subject to the direction of the President, and
pursuant to procedures to be developed jointly by the
Secretary of Defense and the Secretary of State, be
responsible for the deployment and use of military
forces for the protection of United States citizens and
nationals and, in connection therewith, designated
other persons or categories of persons, in support of
their evacuation from threatened areas overseas.
Sec. 502. Support Responsibilities. The Secretary of Defense
shall:
(1) Advise and assist the heads of other Federal
departments and agencies in the development of plans
and programs to support national mobilization. This
includes providing, as appropriate:
(a) Military requirements, prioritized and
time-phased to the extent possible, for
selected end-items and supporting services,
materials, and components;
(b) Recommendations for use of financial
incentives and other methods to improve defense
production as provided by law; and
(c) Recommendations for export and import
policies;
(2) Advise and assist the Secretary of State and
the heads of other Federal departments and agencies, as
appropriate, in planning for the protection,
evacuation, and repatriation of United States citizens
in threatened areas overseas;
(3) Support the Secretary of Housing and Urban
Development and the heads of other agencies, as
appropriate, in the development of plans to restore
community facilities;
(4) Support the Secretary of Energy in
international liaison activities pertaining to nuclear
materials facilities;
(5) In consultation with the Secretaries of State
and Commerce, assist the Secretary of the Treasury in
the formulation and execution of economic measures that
affect other nations;
(6) Support the Secretary of State and the heads of
other Federal departments and agencies as appropriate
in the formulation and implementation of foreign
policy, and the negotiation of contingency and
postemergency plans, intergovernmental agreements, and
arrangements. with allies and friendly nations, which
affect national security;
(7) Coordinate with the Secretary of Homeland
Security the development of plans for mutual
civilmilitary support during national security
emergencies;
(8) Develop plans to support the Secretary of Labor
in providing education and training to overcome
shortages of critical skills.
Part 6-Department of Education
Sec. 601. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Secretary of Education shall:
(1) Assist school systems in developing their plans
to provide for the earliest possible resumption of
activities following national security emergencies;
(2) Develop plans to provide assistance, including
efforts to meet shortages of critical educational
personnel, to local educational agencies;
(3) Develop plans, in coordination with the
Director of the Federal Emergency Management Agency,
for dissemination of emergency preparedness
instructional material through educational institutions
and the media during national security emergencies.
Sec. 602. Support Responsibilities. The Secretary of Education
shall:
(1) Develop plans to support the Secretary of Labor
in providing education and training to overcome
shortages of critical skills;
(2) Support the Secretary of Health and Human
Services in the development of human services
educational and training materials, including self-help
program materials for use by human service
organizations and professional schools.
Part 7-Department of Energy
Sec. 701. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Secretary of Energy shall:
(1) Conduct national security emergency
preparedness planning, including capabilities
development, and administer operational programs for
all energy resources, including:
(a) Providing information, in cooperation
with Federal, State, and energy industry
officials, on energy supply and demand
conditions and on the requirements for and the
availability of materials and services critical
to energy supply systems;
(b) In coordination with appropriate
departments and agencies and in consultation
with the energy industry, develop
implementation plans and operational systems
for priorities and allocation of all energy
resource requirements for national defense and
essential civilian needs to assure national
security emergency preparedness;
(c) Developing, in consultation with the
Board of Directors of the Tennessee Valley
Authority, plans necessary for the integration
of its power system into the national supply
system;
(2) Identify energy facilities essential to the
mobilization, deployment, and sustainment of resources
to support the national security and national welfare,
and develop energy supply and demand strategies to
ensure continued provision of minimum essential
services in national security emergencies;
(3) In coordination with the Secretary of Defense,
ensure continuity of nuclear weapons production
consistent with national security requirements;
(4) Assure the security of nuclear materials,
nuclear weapons, or devices in the custody of the
Department of Energy, as well as the security of all
other Department of Energy programs and facilities;
(5) In consultation with the Secretaries of State,
and Defense, and Homeland Security and the Director of
the Federal Emergency Management Agency, conduct
appropriate international liaison activities pertaining
to matters within the jurisdiction of the Department of
Energy;
(6) In consultation with the Secretaries of State
and Defense, the Members of the Nuclear Regulatory
Commission, and others, as required, develop plans and
capabilities for identification, analysis, damage
assessment, and mitigation of hazards from nuclear
weapons, materials, and devices;
(7) Coordinate with the Secretary of Transportation
in the planning and management of transportation
resources involved in the bulk movement of energy;
(8) At the request of or with the concurrence of
the Nuclear Regulatory Commission and in consultation
with the Secretary of Defense, recapture special
nuclear materials from Nuclear Regulatory Commission
licensees where necessary to assure the use,
preservation, or safeguarding of such material for the
common defense and security;
(9) Develop national security emergency operational
procedures for the control, utilization, acquisition,
leasing, assignment, and priority of occupancy of real
property within the jurisdiction of the Department of
Energy;
(10) Manage all emergency planning and response
activities pertaining to Department of Energy nuclear
facilities.
Sec. 702. Support Responsibilities. The Secretary of Energy
shall:
(1) Provide advice and assistance, in coordination
with appropriate agencies, to Federal, State, and local
officials and private sector organizations to assess
the radiological impact associated with national
security emergencies;
(2) Coordinate with the Secretaries of Defense and
the Interior regarding the operation of hydroelectric
projects to assure maximum energy output;
(3) Support the Secretary of Housing and Urban
Development and the heads of other agencies, as
appropriate, in the development of plans to restore
community facilities;
(4) Coordinate with the Secretary of Agriculture
regarding the emergency preparedness of the rural
electric supply systems throughout the Nation and the
assignment of emergency preparedness responsibilities
to the Rural Electrification Administration.
Part 8-Department of Health and Human Services
Sec. 801. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Secretary of Health and Human Services
shall:
(1) Develop national plans and programs to mobilize
the health industry and health resources for the
provision of health, mental health, and medical
services in national security emergencies;
(2) Promote the development of State and local
plans and programs for provision of health, mental
health, and medical services in national security
emergencies;
(3) Develop national plans to set priorities and
allocate health, mental health, and medical services'
resources among civilian and military claimants;
(4) Develop health and medical survival information
programs and a nationwide program to train health and
mental health professionals and paraprofessionals in
special knowledge and skills that would be useful in
national security emergencies;
(5) Develop programs to reduce or eliminate adverse
health and mental health effects produced by hazardous
agents (biological, chemical, or radiological), and, in
coordination with appropriate Federal agencies, develop
programs to minimize property and environmental damage
associated with national security emergencies;
(6) Develop guidelines that will assure reasonable
and prudent standards of purity and/or safety in the
manufacture and distribution of food, drugs, biological
products, medical devices, food additives, and
radiological products in national security emergencies;
(7) Develop national plans for assisting State and
local governments in rehabilitation of persons injured
or disabled during national security emergencies;
(8) Develop plans and procedures to assist State
and local governments in the provision of emergency
human services, including lodging, feeding, clothing,
registration and inquiry, social services, family
reunification and mortuary services and interment;
(9) Develop, in coordination with the Secretary of
Education, human services educational and training
materials for use by human service organizations and
professional schools; and develop and distribute, in
coordination with the Secretary of Homeland Security,
civil defense information relative to emergency human
services;
(10) Develop plans and procedures, in coordination
with the heads of Federal departments and agencies, for
assistance to United States citizens or others
evacuated from overseas areas.
Sec. 802. Support Responsibility. The Secretary of Health and
Human Services shall support the Secretary of Agriculture in
the development of plans related to national security emergency
agricultural health services.
Part 9-Department of Housing and Urban Development
Sec. 901. Lead Responsibilities. In addition to the applicable
responsibilities covered in Parts 1 and 2, the Secretary of
Housing and Urban Development shall:
(1) Develop plans for provision and management of
housing in national security emergencies, including:
(a) Providing temporary housing using
Federal financing and other arrangements;
(b) Providing for radiation protection by
encouraging voluntary construction of shelters
and voluntary use of cost-efficient design and
construction techniques to maximize population
protection;
(2) Develop plans, in cooperation with the heads of
other Federal departments and agencies and State and
local governments, to restore community facilities,
including electrical power, potable water, and sewage
disposal facilities, damaged in national security
emergencies.
Part 10-Department of the Interior
Sec. 1001. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Secretary of the Interior shall:
(1) Develop programs and encourage the exploration,
development, and mining of strategic and critical and
other nonfuel minerals for national security emergency
purposes;
(2) Provide guidance to mining industries in the
development of plans and programs to ensure continuity
of production during national security emergencies;
(3) Develop and implement plans for the management,
control, allocation, and use of public land under the
jurisdiction of the Department of the Interior in
national security emergencies and coordinate land
emergency planning at the Federal, State, and local
levels.
Sec. 1002. Support Responsibilities. The Secretary of the
Interior shall:
(1) Assist the Secretary of Defense in formulating
and carrying out plans for stockpiling strategic and
critical minerals;
(2) Cooperate with the Secretary of Commerce in the
identification and evaluation of facilities essential
for national security emergencies;
(3) Support the Secretary of Agriculture in
planning for the national security management,
production, and processing of forest products.
Part 11-Department of Justice
Sec. 1101. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Attorney General of the United States shall:
(1) Provide legal advice to the President and the
heads of Federal departments and agencies and their
successors regarding national security emergency
powers, plans, and authorities;
(2) Coordinate Federal Government domestic law
enforcement activities related to national security
emergency preparedness, including Federal law
enforcement liaison with, and assistance to, State and
local governments;
(3) Coordinate contingency planning for national
security emergency law enforcement activities that are
beyond the capabilities of State and local agencies;
(4) Develop national security emergency plans for
regulation of immigration, regulation of nationals of
enemy countries, and plans to implement laws for the
control of persons entering or leaving the United
States;
(5) Develop plans and procedures for the custody
and protection of prisoners and the use of Federal
penal and correctional institutions and resources
during national security emergencies;
(6) Provide information and assistance to the
Federal Judicial branch and the Federal Legislative
branch concerning law enforcement, continuity of
government, and the exercise of legal authority during
national security emergencies;
(7) Develop intergovernmental and interagency law
enforcement plans and counterterrorism programs to
interdict and respond to terrorism incidents in the
United States that may result in a national security
emergency or that occur during such an emergency;
(8) Develop intergovernmental and interagency law
enforcement plans to respond to civil disturbances that
may result in a national security emergency or that
occur during such an emergency.
Sec. 1102. Support Responsibilities. The Attorney General of
the United States shall:
(1) Assist the heads of Federal departments and
agencies, State and local governments, and the private
sector in the development of plans to physically
protect essential resources and facilities;
(2) Support the Secretaries of State and the
Treasury in plans for the protection of international
organizations and foreign diplomatic, consular, and
other official personnel, property, and other assets
within the jurisdiction of the United States;
(3) Support the Secretary of the Treasury in
developing plans to control the movement of property
entering and leaving the United States;
(4) Support the heads of other Federal departments
and agencies and State and local governments in
developing programs and plans for identifying
fatalities and reuniting families in national security
emergencies;
(5) Support the intelligence community in the
planning of its counterintelligence and
counterterrorism programs.
Part 12-Department of Labor
Sec. 1201. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Secretary of Labor shall:
(1) Develop plans and issue guidance to ensure
effective use of civilian workforce resources during
national security emergencies. Such plans shall
include, but not necessarily be limited to:
(a) Priorities and allocations,
recruitment, referral, training, employment
stabilization including appeals procedures, use
assessment, and determination of critical skill
categories; and
(b) Programs for increasing the
availability of critical workforce skills and
occupations;
(2) In consultation with the Secretary of the
Treasury, develop plans and procedures for wage,
salary, and benefit costs stabilization during national
security emergencies;
(3) Develop plans and procedures for protecting and
providing incentives for the civilian labor force
during national security emergencies;
(4) In consultation with other appropriate
government agencies and private entities, develop plans
and procedures for effective labor-management relations
during national security emergencies.
Sec. 1202. Support Responsibilities. The Secretary of Labor
shall:
(1) Support planning by the Secretary of Defense
and the private sector for the provision of human
resources to critical defense industries during
national security emergencies;
(2) Support planning by the Secretary of Defense
and the Director of Selective Service for the
institution of conscription in national security
emergencies.
Part 13-Department of State
Sec. 1301. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Secretary of State shall:
(1) Provide overall foreign policy coordination in
the formulation and execution of continuity of
government and other national security emergency
preparedness activities that affect foreign relations;
(2) Prepare to carry out Department of State
responsibilities in the conduct of the foreign
relations of the United States during national security
emergencies, under the direction of the President and
in consultation with the heads of other appropriate
Federal departments and agencies, including, but not
limited to:
(a) Formulation and implementation of
foreign policy and negotiation regarding
contingency and post-emergency plans,
intergovernmental agreements, and arrangements
with United States' allies;
(b) Formulation, negotiation, and execution
of policy affecting the relationships of the
United States with neutral states;
(c) Formulation and execution of political
strategy toward hostile or enemy states;
(d) Conduct of mutual assistance
activities;
(e) Provision of foreign assistance,
including continuous supervision and general
direction of authorized economic and military
assistance programs;
(f) Protection or evacuation of United
States citizens and nationals abroad and
safeguarding their property abroad, in
consultation with the Secretaries of Defense
and Health and Human Services;
(g) Protection of international
organizations and foreign diplomatic, consular,
and other official personnel and property, or
other assets, in the United States, in
coordination with the Attorney General and the
Secretary of the Treasury;
(h) Formulation of policies and provisions
for assistance to displaced persons and
refugees abroad;
(i) Maintenance of diplomatic and consular
representation abroad; and
(j) Reporting of and advising on conditions
overseas that bear upon national security
emergencies.
Sec. 1302. Support Responsibilities. The Secretary of State
shall:
(1) Assist appropriate agencies in developing
planning assumptions concerning accessibility of
foreign sources of supply;
(2) Support the Secretary of the Treasury, in
consultation, as appropriate, with the Secretaries of
Commerce and Defense, in the formulation and execution
of economic measures with respect to other nations;
(3) Support the Secretary of Energy in
international liaison activities pertaining to nuclear
materials facilities;
(4) Support the Secretary of Homeland Security in
the coordination and integration of United States
policy regarding the formulation and implementation of
civil emergency resources and preparedness planning;
(5) Assist the Attorney General of the United
States in the formulation of national security
emergency plans for the control of persons entering or
leaving the United States.
Part 14-Department of Transportation
Sec. 1401. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Secretary of Transportation shall:
(1) Develop plans to promulgate and manage overall
national policies, programs, procedures, and systems to
meet essential civil and military transportation needs
in national security emergencies;
(2) Be prepared to provide direction to all modes
of civil transportation in national security
emergencies, including air, surface, water, pipelines,
and public storage and warehousing, to the extent such
responsibility is vested in the Secretary of
Transportation. This direction may include:
(a) Implementation of priorities for all
transportation resource requirements for
service, equipment, facilities, and systems;
(b) Allocation of transportation resource
capacity; and
(c) Emergency management and control of
civil transportation resources and systems,
including privately owned automobiles, urban
mass transit, intermodal transportation
systems, the National Railroad Passenger
Corporation and the St. Lawrence Seaway
Development Corporation;
(3) Develop plans to provide for the smooth
transition of the Coast Guard as a service to the
Department of the Navy during national security
emergencies. These plans shall be compatible with the
Department of Defense planning systems, especially in
the areas of port security and military readiness;
(4) In coordination with the Secretary of State and
the Secretary of Homeland Security, represent the
United States in transportation-related international
(including NATO and allied) civil emergency
preparedness planning and related activities;
(5) Coordinate with State and local highway
agencies in the management of all Federal, State, city,
local, and other highways, roads, streets, bridges,
tunnels, and publicly owned highway maintenance
equipment to assure efficient and safe use of road
space during national security emergencies;
(6) Develop plans and procedures in consultation
with appropriate agency officials for maritime and port
safety, law enforcement, and security over, upon, and
under the high seas and waters subject to the
jurisdiction of the United States to assure operational
readiness for national security emergency functions;
(7) Develop plans for the emergency operation of
U.S. ports and facilities, use of shipping resources
(U.S. and others), provision of government war risks
insurance, and emergency construction of merchant ships
for military and civil use;
(8) Develop plans for emergency management and
control of the National Airspace System, including
provision of war risk insurance and for transfer of the
Federal Aviation Administration, in the event of war,
to the Department of Defense;
(9) Coordinate the Interstate Commerce Commission's
development of plans and preparedness programs for the
reduction of vulnerability, maintenance, restoration,
and operation of privately owned railroads, motor
carriers, inland waterway transportation systems, and
public storage facilities and services in national
security emergencies.
Sec. 1402. Support Responsibility. The Secretary of
Transportation shall coordinate with the Secretary of Energy in
the planning and management of transportation resources
involved in the bulk movement of energy materials.
Part 15-Department of the Treasury
Sec. 1501. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Secretary of the Treasury shall:
(1) Develop plans to maintain stable economic
conditions and a market economy during national
security emergencies; emphasize measures to minimize
inflation and disruptions; and, minimize reliance on
direct controls of the monetary, credit, and financial
systems. These plans will include provisions for:
(a) Increasing capabilities to minimize
economic dislocations by carrying out
appropriate fiscal, monetary, and regulatory
policies and reducing susceptibility to
manipulated economic pressures;
(b) Providing the Federal Government with
efficient and equitable financing sources and
payment mechanisms;
(c) Providing fiscal authorities with
adequate legal authority to meet resource
requirements;
(d) Developing, in consultation with the
Board of Governors of the Federal Reserve
System, and in cooperation with the Board of
Directors of the Federal Deposit Insurance
Corporation, the Federal Home Loan Bank Board,
the National Credit Union Administration Board,
the Farm Credit Administration Board and other
financial institutions, plans for the continued
or resumed operation and liquidity of banks,
savings and loans, credit unions, and farm
credit institutions, measures for the
reestablishment of evidence of assets or
liabilities, and provisions for currency
withdrawals and deposit insurance;
(2) Provide for the protection of United States
financial resources including currency and coin
production and redemption facilities, Federal check
disbursement facilities, and precious monetary metals;
(3) Provide for the preservation of, and facilitate
emergency operations of, public and private financial
institution systems, and provide for their restoration
during or after national security emergencies;
(4) Provide, in coordination with the Secretary of
State, for participation in bilateral and multilateral
financial arrangements with foreign governments;
(5) Maintain the Federal Government accounting and
financial reporting system in national security
emergencies;
(6) Develop plans to protect the President, the
Vice President, other officers in the order of
presidential succession, and other persons designated
by the President;
(7) Develop plans for restoration of the economy
following an attack; for the development of emergency
monetary, credit, and Federal benefit payment programs
of those Federal departments and agencies that have
responsibilities dependent on the policies or
capabilities of the Department of the Treasury; and for
the implementation of national policy on sharing war
losses;
(8) Develop plans for initiating tax changes,
waiving regulations, and, in conjunction with the
Secretary of Commerce or other guaranteeing agency,
granting or guaranteeing loans for the expansion of
industrial capacity, the development of technological
processes, or the production or acquisition of
essential materials;
(9) Develop plans, in coordination with the heads
of other appropriate Federal departments and agencies,
to acquire emergency imports, make foreign barter
arrangements, or otherwise provide for essential
material from foreign sources using, as appropriate,
the resources of the Export-Import Bank or resources
available to the Bank;
(10) Develop plans for encouraging capital inflow
and discouraging the flight of capital from the United
States and, in coordination with the Secretary of
State, for the seizure and administration of assets of
enemy aliens during national security emergencies;
(11) Develop plans, in consultation with the heads
of appropriate Federal departments and agencies, to
regulate financial and commercial transactions with
other countries;
(12) Develop plans, in coordination with the
Secretary of Commerce and the Attorney General of the
United States, to control the movement of property
entering or leaving the United States;
(13) Cooperate and consult with the Chairman of the
Securities and Exchange Commission, the Chairman of the
Federal Reserve Board, the Chairman of the Commodities
Futures Trading Commission in the development of
emergency financial control plans and regulations for
trading of stocks and commodities, and in the
development of plans for the maintenance and
restoration of stable and orderly markets;
(14) Develop plans, in coordination with the
Secretary of State, for the formulation and execution
of economic measures with respect to other nations in
national security emergencies.
Sec. 1502. Support Responsibilities. The Secretary of the
Treasury shall:
(1) Cooperate with the Attorney General of the
United States on law enforcement activities, including
the control of people entering and leaving the United
States;
(2) Support the Secretary of Labor in developing
plans and procedures for wage, salary, and benefit
costs stabilization;
(3) Support the Secretary of State in plans for the
protection of international organizations and foreign
diplomatic, consular, and other official personnel and
property or other assets in the United States.
Part 16-Environmental Protection Agency
Sec. 1601. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Administrator of the Environmental
Protection Agency shall:
(1) Develop Federal plans and foster development of
State and local plans designed to prevent or minimize
the ecological impact of hazardous agents (biological,
chemical, or radiological) introduced into the
environment in national security emergencies;
(2) Develop, for national security emergencies,
guidance on acceptable emergency levels of nuclear
radiation, assist in determining acceptable emergency
levels of biological agents, and help to provide
detection and identification of chemical agents;
(3) Develop, in coordination with the Secretary of
Defense, plans to assure the provision of potable water
supplies to meet community needs under national
security emergency conditions, including claimancy for
materials and equipment for public water systems.
Sec. 1602. Support Responsibilities. The Administrator of the
Environmental Protection Agency shall:
(1) Assist the heads of other Federal agencies that
are responsible for developing plans for the detection,
reporting, assessment, protection against, and
reduction of effects of hazardous agents introduced
into the environment;
(2) Advise the heads of Federal departments and
agencies regarding procedures for assuring compliance
with environmental restrictions and for expeditious
review of requests for essential waivers.
Part 17-Department of Homeland Security
Sec. 1701. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Secretary of Homeland Security shall:
(1) Coordinate and support the initiation,
development, and implementation of national security
emergency preparedness programs and plans among Federal
departments and agencies;
(2) Coordinate the development and implementation
of plans for the operation and continuity of essential
domestic emergency functions of the Federal Government
during national security emergencies;
(3) Coordinate the development of plans, in
cooperation with the Secretary of Defense, for mutual
civil-military support during national security
emergencies;
(4) Guide and assist State and local governments
and private sector organizations in achieving
preparedness for national security emergencies,
including development of plans and procedures for
assuring continuity of government, and support planning
for prompt and coordinated Federal assistance to States
and localities in responding to national security
emergencies;
(5) Provide the President a periodic assessment of
Federal, State, and local capabilities to respond to
national security emergencies;
(6) Coordinate the implementation of policies and
programs for efficient mobilization of Federal, State,
local, and private sector resources in response to
national security emergencies;
(7) Develop and coordinate with all appropriate
agencies civil defense programs to enhance Federal,
State, local, and private sector capabilities for
national security emergency crisis management,
population protection, and recovery in the event of an
attack on the United States;
(8) Develop and support public information,
education and training programs to assist Federal,
State, and local government and private sector entities
in planning for and implementing national security
emergency preparedness programs;
(9) Coordinate among the heads of Federal, State,
and local agencies the planning, conduct, and
evaluation of national security emergency exercises;
(10) With the assistance of the heads of other
appropriate Federal departments and agencies, develop
and maintain capabilities to assess actual attack
damage and residual recovery capabilities as well as
capabilities to estimate the effects of potential
attacks on the Nation;
(11) Provide guidance to the heads of Federal
departments and agencies on the appropriate use of
defense production authorities, including resource
claimancy, in order to improve the capability of
industry and infrastructure systems to meet national
security emergency needs;
(12) Assist the Secretary of State in coordinating
the formulation and implementation of United States
policy for NATO and other allied civil emergency
planning, including the provision off
(a) advice and assistance to the
departments and agencies in alliance civil
emergency planning matters;
(b) support to the United States Mission to
NATO in the conduct of day-to-day civil
emergency planning activities; and
(c) support facilities for NATO Civil
Wartime Agencies in cooperation with the
Departments of Agriculture, Commerce, Energy,
State, and Transportation.
Sec. 1702. Support Responsibilities. The Secretary of Homeland
Security shall:
(1) Support the heads of other Federal departments
and agencies in preparing plans and programs to
discharge their national security emergency
preparedness responsibilities, including, but not
limited to, such programs as mobilization preparedness,
continuity of government planning, and continuance of
industry and infrastructure functions essential to
national security;
(2) Support the Secretary of Energy, the Secretary
of Defense, and the Members of the Nuclear Regulatory
Commission in developing plans and capabilities for
identifying, analyzing, mitigating, and responding to
emergencies related to nuclear weapons, materials, and
devices, including mobile and fixed nuclear facilities,
by providing, inter alia, off-site coordination;
(3) Support the Administrator of General Services
in efforts to promote a government-wide program with
respect to Federal buildings and installations to
minimize the effects of attack and establish shelter
management organizations.
Part 18-General Services Administration
Sec. 1801. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Administrator of General Services shall:
(1) Develop national security emergency plans and
procedures for the operation, maintenance, and
protection of federally owned and occupied buildings
managed by the General Services Administration, and for
the construction, alteration, and repair of such
buildings;
(2) Develop national security emergency operating
procedures for the control, acquisition, leasing,
assignment, and priority of occupancy of real property
by the Federal Government, and by State and local
governments acting as agents of the Federal Government,
except for the military facilities and facilities with
special nuclear materials within the jurisdiction of
the Departments of Defense and Energy;
(3) Develop national security emergency operational
plans and procedures for the use of public utility
services (other than telecommunications services) by
Federal departments and agencies, except for Department
of Energy-operated facilities;
(4) Develop plans and operating procedures of
government-wide supply programs to meet the
requirements of Federal departments and agencies during
national security emergencies;
(5) Develop plans and operating procedures for the
use, in national security emergencies, of excess and
surplus real and personal property by Federal, State,
and local governmental entities;
(6) Develop plans, in coordination with the
Secretary of Homeland Security, with respect to Federal
buildings and installations, to minimize the effects of
attack and establish shelter management organizations.
Sec. 1802. Support Responsibility. The Administrator of General
Services shall develop plans to assist Federal departments and
agencies in operation and maintenance of essential automated
information processing facilities during national security
emergencies.
Part 19-National Aeronautics and Space Administration
Sec. 1901. Lead Responsibility.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Administrator of the National Aeronautics
and Space Administration shall coordinate with the Secretary of
Defense to prepare for the use, maintenance, and development of
technologically advanced aerospace and aeronautical-related
systems, equipment, and methodologies applicable to national
security emergencies.
Part 20-National Archives and Records Administration
Sec. 2001. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Archivist of the United States shall:
(1) Develop procedures for publication during
national security emergencies of the Federal Register
for as broad public dissemination as is practicable of
presidential proclamations and Executive orders,
Federal administrative regulations, Federal emergency
notices and actions, and Acts of Congress;
(2) Develop emergency procedures for providing
instructions and advice on the handling and
preservation of records critical to the operation of
the Federal Government in national security
emergencies.
Part 21-Nuclear Regulatory Commission
Sec. 2101. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Members of the Nuclear Regulatory Commission
shall:
(1) Promote the development and maintenance of
national security emergency preparedness programs
through security and safeguards programs by licensed
facilities and activities;
(2) Develop plans to suspend any licenses granted
by the Commission; to order the operations of any
facility licensed under Section 103 or 104; Atomic
Energy Act of 1954, as amended (42 U.S.C. 2133 or
2134); to order the entry into any plant or facility in
order to recapture special nuclear material as
determined under Subsection (3) below; and operate such
facilities;
(3) Recapture or authorize recapture of special
nuclear materials from licensees where necessary to
assure the use, preservation, or safeguarding of such
materials for the common defense and security, as
determined by the Commission or as requested by the
Secretary of Energy.
Sec. 2102. Support Responsibilities. The Members of the Nuclear
Regulatory Commission shall:
(1) Assist the Secretary of Energy in assessing
damage to Commission-licensed facilities, identifying
useable facilities, and estimating the time and actions
necessary to restart inoperative facilities;
(2) Provide advice and technical assistance to
Federal, State, and local officials and private sector
organizations regarding radiation hazards and
protective actions in national security emergencies.
Part 22-Office of Personnel Management
Sec. 2201. Lead Responsibilities.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Director of the Office of Personnel
Management shall:
(1) Prepare plans to administer the Federal
civilian personnel system in national security
emergencies, including plans and procedures for the
rapid mobilization and reduction of an emergency
Federal workforce;
(2) Develop national security emergency workforce
policies for Federal civilian personnel;
(3) Develop plans to accommodate the surge of
Federal personnel security background and pre-
employment investigations during national security
emergencies.
Sec. 2202. Support Responsibilities. The Director of the Office
of Personnel Management shall:
(1) Assist the heads of other Federal departments
and agencies with personnel management and staffing in
national security emergencies, including facilitating
transfers between agencies of employees with critical
skills;
(2) In consultation with the Secretary of Defense
and the Director of Selective Service, develop plans
and procedures for a system to control any conscription
of Federal civilian employees during national security
emergencies.
Part 23-Selective Service System
Sec. 2301. Lead Responsibilities. In addition to the applicable
responsibilities covered in Parts 1 and 2, the Director of
Selective Service shall:
(1) Develop plans to provide by induction, as
authorized by law, personnel that would be required by
the armed forces during national security emergencies;
(2) Develop plans for implementing an alternative
service program.
Part 24-Tennessee Valley Authority
Sec. 2401. Lead Responsibility. In addition to the applicable
responsibilities covered in Parts 1 and 2, the Board of
Directors of the Tennessee Valley Authority shall develop plans
and maintain river control operations for the prevention or
control of floods affecting the Tennessee River System during
national security emergencies.
Sec. 2402. Support Responsibilities. The Board of Directors of
the Tennessee Valley Authority shall:
(1) Assist the Secretary of Energy in the
development of plans for the integration of the
Tennessee Valley Authority power system into nationwide
national security emergency programs;
(2) Assist the Secretaries of Defense, Interior,
and Transportation and the Chairman of the Interstate
Commerce Commission in the development of plans for
operation and maintenance of inland waterway
transportation in the Tennessee River System during
national security emergencies.
Part 25-United States Information Agency
Sec. 2501. Lead Responsibilities. In addition to the applicable
responsibilities covered in Parts 1 and 2, the Director of the
United States Information Agency shall:
(1) Plan for the implementation of information
programs to promote an understanding abroad of the
status of national security emergencies within the
United States;
(2) In coordination with the Secretary of State's
exercise of telecommunications functions affecting
United States diplomatic missions and consular offices
overseas, maintain the capability to provide television
and simultaneous direct radio broadcasting in major
languages to all areas of the world, and the capability
to provide wireless file to all United States embassies
during national security emergencies.
Sec. 2502. Support Responsibility. The Director of the United
States Information Agency shall assist the heads of other
Federal departments and agencies in planning for the use of
media resources and foreign public information programs during
national security emergencies.
Part 26-United States Postal Service
Sec. 2601. Lead Responsibility. In addition to the applicable
responsibilities covered in Parts 1 and 2, the Postmaster
General shall prepare plans and programs to provide essential
postal services during national security emergencies.
Sec. 2602. Support Responsibilities. The Postmaster General
shall:
(1) Develop plans to assist the Attorney General of
the United States in the registration of nationals of
enemy countries residing in the United States;
(2) Develop plans to assist the Secretary of Health
and Human Services in registering displaced persons and
families;
(3) Develop plans to assist the heads of other
Federal departments and agencies in locating and
leasing privately owned property for Federal use during
national security emergencies.
Part 27-Veterans' Administration
Sec. 2701. Lead Responsibilities. 1In addition to the
applicable responsibilities covered in Parts 1 and 2, the
Administrator of Veterans' Affairs shall:
(1) Develop plans for provision of emergency health
care services to veteran beneficiaries in Veterans'
Administration medical facilities, to active duty
military personnel and, as resources permit, to
civilians in communities affected by national security
emergencies;
(2) Develop plans for mortuary services for
eligible veterans, and advise on methods for interment
of the dead during national security emergencies.
Sec. 2702. Support Responsibilities. The Administrator of
Veterans' Affairs shall:
(1) Assist the Secretary of Health and Human
Services in promoting the development of State and
local plans for the provision of medical services in
national security emergencies, and develop appropriate
plans to support such State and local plans;
(2) Assist the Secretary of Health and Human
Services in developing national plans to mobilize the
health care industry and medical resources during
national security emergencies;
(3) Assist the Secretary of Health and Human
Services in developing national plans to set priorities
and allocate medical resources among civilian and
military claimants.
Part 28-Office of Management and Budget
Sec. 2801.
In addition to the applicable responsibilities covered in
Parts 1 and 2, the Director of the Office of Management and
Budget shall prepare plans and programs to maintain its
functions during national security emergencies. In connection
with these functions, the Director of the Office of Management
and Budget shall:
(1) Develop plans to ensure the preparation,
clearance, and coordination of proposed Executive
orders and proclamations;
(2) Prepare plans to ensure the preparation,
supervision, and control of the budget and the
formulation of the fiscal program of the Government;
(3) Develop plans to coordinate and communicate
Executive branch views to the Congress regarding
legislation and testimony by Executive branch
officials;
(4) Develop plans for keeping the President
informed of the activities of government agencies,
continuing the Office of Management and Budget's
management functions, and maintaining presidential
supervision and direction with respect to legislation
and regulations in national security emergencies.
Part 29-General
Sec. 2901.
Executive Order Nos. 10421 and 11490, as amended, are
hereby revoked. This Order shall be effective immediately.
Executive Order 12657
Department of Homeland Security Assistance in Emergency
Preparedness Planning at Commercial Nuclear Power Plants
(As Amended by EO 13286)
=======================================================================
Signed: November 18, 1988
Federal Register page and date: 53 FR 47513; November 23, 1988
Amends: EO 11490, October 28, 1969
EO 12148, July 20, 1988
EO 12241, September 29, 1980
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Federal Civil Defense Act of 1950, as amended (50
U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1974, as
amended (42 U.S.C. 5121 et seq.), the Atomic Energy Act of
1954, as amended (42 U.S.C. 2011 et seq.), Reorganization Plan
No. 1 of 1958, Reorganization Plan No. 1 of 1973, and Section
301 of Title 3 of the United States Code, and in order to
ensure that plans and procedures are in place to respond to
radiological emergencies at commercial nuclear power plants in
operation or under construction, it is hereby ordered as
follows:
Section 1. Scope.
(a) This Order applies whenever State or local
governments, either individually or together, decline
or fail to prepare commercial nuclear power plant
radiological emergency preparedness plans that are
sufficient to satisfy Nuclear Regulatory Commission
(``NRC'') licensing requirements or to participate
adequately in the preparation, demonstration, testing,
exercise, or use of such plans.
(b) In order to request the assistance of the
Department of Homeland Security (``DHS'') provided for
in this Order, an affected nuclear power plant
applicant or licensee (``licensee'') shall certify in
writing to DHS that the situation described in
Subsection (a) exists.
Sec. 2. Generally Applicable Principles and Directives.
(a) Subject to the principles articulated in this
Section, the Secretary of Homeland Security is hereby
authorized and directed to take the actions specified
in Sections 3 through 6 of this Order.
(b) In carrying out any of its responsibilities
under this Order, DHS:
(1) shall work actively with the licensee,
and, before relying upon its resources or those
of any other Department or agency within the
Executive branch, shall make maximum feasible
use of the licensee's resources;
(2) shall take care not to supplant State
and local resources. DHS shall substitute its
own resources for those of the State and local
governments only to the extent necessary to
compensate for the nonparticipation or
inadequate participation of those governments,
and only as a last resort after appropriate
consultation with the Governors and responsible
local officials in the affected area regarding
State and local participation;
(3) is authorized, to the extent permitted
by law, to enter into interagency Memoranda of
Understanding providing for utilization of the
resources of other Executive branch Departments
and agencies and for delegation to other
Executive branch Departments and agencies of
any of the functions and duties assigned to
FEMA under this Order; however, any such
Memorandum of Understanding shall be subject to
approval by the Director of the Office of
Management and Budget (``OMB'') and published
in final form in the Federal Register; and
(4) shall assume for purposes of Sections 3
and 4 of this Order that, in the event of an
actual radiological emergency or disaster,
State and local authorities would contribute
their full resources and exercise their
authorities in accordance with their duties to
protect the public from harm and would act
generally in conformity with the licensee's
radiological emergency preparedness plan.
(c) The Director of OMB shall resolve any issue
concerning the obligation of Federal funds arising from
the implementation of this Order. In resolving issues
under this Subsection, the Director of OMB shall
ensure:
(1) that DHS has utilized to the maximum
extent possible the resources of the licensee
and State and local governments before it
relies upon its appropriated and lawfully
available resources or those of any Department
or agency in the Executive branch;
(2) that DHS shall use its existing
resources to coordinate and manage, rather than
duplicate, other available resources;
(3) that implementation of this Order is
accomplished with an economy of resources; and
(4) that full reimbursement to the Federal
Government is provided, to the extent permitted
by law.
Sec. 3. FEMA Participation in Emergency Preparedness Planning.
(a) DHS assistance in emergency preparedness
planning shall include advice, technical assistance,
and arrangements for facilities and resources as needed
to satisfy the emergency planning requirements under
the Atomic Energy Act of 1954, as amended, and any
other Federal legislation or regulations pertaining to
issuance or retention of a construction permit or an
operating license for a nuclear power plant.
(b) DHS shall make all necessary plans and
arrangements to ensure that the Federal Government is
prepared to assume any and all functions and
undertakings necessary to provide adequate protection
to the public in cases within the scope of this Order.
In making such plans and arrangements,
(1) DHS shall focus planning of Federal
response activities to ensure that:
(A) adequate resources and
arrangements will exist, as of the time
when an initial response is needed,
given the absence or inadequacy of
advance State and local commitments;
and
(B) attention has been given to
coordinating (including turning over)
response functions when State and local
governments do exercise their
authority, with specific attention to
the areas where prior State and local
participation has been insufficient or
absent;
(2) DHS's planning for Federal
participation in responding to a radiological
emergency within the scope of this Order shall
include, but not be limited to, arrangements
for using existing Federal resources to provide
prompt notification of the emergency to the
general public; to assist in any necessary
evacuation; to provide reception centers or
shelters and related facilities and services
for evacuees; to provide emergency medical
services at Federal hospitals, including those
operated by the military services and by the
Veterans' Administration; and to ensure the
creation and maintenance of channels of
communication from commercial nuclear power
plant licensees or applicants to State and
local governments and to surrounding members of
the public.
Sec. 4. Evaluation of Plans.
(a) DHS shall consider and evaluate all plans
developed under the authority of this Order as though
drafted and submitted by a State or local government.
(b) DHS shall take all actions necessary to carry
out the evaluation referred to in the preceding
Subsection and to permit the NRC to conduct its
evaluation of radiological emergency preparedness plans
including, but not limited to, planning, participating
in, and evaluating exercises, drills, and tests, on a
timely basis, as necessary to satisfy NRC requirements
for demonstrations of off-site radiological emergency
preparedness.
Sec. 5. Response to a Radiological Emergency.
(a) In the event of an actual radiological
emergency or disaster, DHS shall take all steps
necessary to ensure the implementation of the plans
developed under this Order and shall coordinate the
actions of other Federal agencies to achieve the
maximum effectiveness of Federal efforts in responding
to the emergency.
(b) DHS shall coordinate Federal response
activities to ensure that adequate resources are
directed, when an initial response is needed, to
activities hindered by the absence or inadequacy of
advance State and local commitments. DHS shall also
coordinate with State and local governmental
authorities and turn over response functions as
appropriate when State and local governments do
exercise their authority.
(c) DHS shall assume any necessary command-and-
control function, or delegate such function to another
Federal agency, in the event that no competent State
and local authority is available to perform such
function.
(d) In any instance in which Federal personnel may
be called upon to fill a command-and-control function
during a radiological emergency, in addition to any
other powers it may have, FEMA or its designee is
authorized to accept volunteer assistance from utility
employees and other nongovernmental personnel for any
purpose necessary to implement the emergency response
plan and facilitate off-site emergency response.
Sec. 6. Implementation of Order.
(a) DHS shall issue interim and final directives
and procedures implementing this Order as expeditiously
as is feasible and in any event shall issue interim
directives and procedures not more than 90 days
following the effective date of this Order and shall
issue final directives and procedures not more than 180
days following the effective date of this Order.
(b) Immediately upon the effective date of this
Order, DHS shall review, and initiate necessary
revisions of, all DHS regulations, directives, and
guidance to conform them to the terms and policies of
this Order.
(c) Immediately upon the effective date of this
Order, DHS shall review, and initiate necessary
renegotiations of, all interagency agreements to which
DHS is a party, so as to conform them to the terms and
policies of this Order. This directive shall include,
but not be limited to, the Federal Radiological
Emergency Response Plan (50 Fed. Reg. 46542 (November
8, 1985)).
(d) To the extent permitted by law, DHS is directed
to obtain full reimbursement, either jointly or
severally, for services performed by DHS or other
Federal agencies pursuant to this Order from any
affected licensee and from any affected
nonparticipating or inadequately participating State or
local government.
Sec. 7. Amendments. This Executive Order amends Executive Order
Nos. 11490 (34 Fed. Reg. 17567 (October 28, 1969)), 12148 (44
Fed. Reg. 43239 duly 20, 1979)), and 12241 (45 Fed. Reg. 64879
(September 29, 1980)), and the same are hereby superseded to
the extent that they are inconsistent with this Order.
Sec. 8. Judicial Review. This Order is intended only to improve
the internal management of the Executive branch, and is not
intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, its officers, or any person.
Sec. 9. Effective Date. This Order shall be effective November
18, 1988.
=======================================================================
Executive Orders Issued by
President George H.W. Bush
(1989-1993)
Executive Orders 12673-12830
=======================================================================
Executive Order 12673
Delegation of Disaster Relief and Emergency Assistance
Functions
=======================================================================
Signed: March 23, 1989
Federal Register page and date: 54 FR 12571; March 28, 1989
Amended by: EO 13286, February 28, 2003
=======================================================================
By virtue of the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. 5121 et seq.), and in
order to conform delegations of authority to recent
legislation, it is hereby ordered as follows:
Section 1. Section 4-203 of Executive Order No. 12148 is
amended to read:
Section 4-203. The functions vested in the President by the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act, as amended (432 U.S.C. 5121 et seq.), except those
functions vested in the President by Section 401 (relating to
the declaration of major disasters and emergencies), Section
501 (relating to the declaration of emergencies), Section 405
(relating to the repair, reconstruction, restoration, or
replacement of Federal facilities), and Section 412 (relating
to food coupons and distribution), are hereby delegated to the
Director of the Federal Emergency Management Agency.
Sec. 2. Section 3 of Executive Order No. 11795 is amended by
removing the words ``Section 409'' and inserting ``Section
412'' in place thereof.
Sec. 3. The functions vested in the President by Section
103(e)(2) of the Disaster Relief and Emergency Assistance
Amendments of 1988, Public Law 100- 707 (relating to the
transmission of a report to the Committee on Public Works and
Transportation of the House of Representatives and to the
Committee on Environment and Public Works of the Senate), are
hereby delegated to the Director of the Federal Emergency
Management Agency.
Sec. 4. The functions vested in the President by Section 110 of
the Disaster Relief and Emergency Assistance Amendments of
1988, Public Law 100-707, are hereby delegated to the Director
of the Federal Emergency Management Agency.
Sec. 5. The functions vested in the President by Section 113 of
the Disaster Relief and Emergency Assistance Amendments of
1988, Public Law 100-707, are hereby delegated to the Director
of the Federal Emergency Management Agency.
Sec. 6. The amendments to Executive Order No. 12148 that are
made by Section 1 of this Executive Order shall not affect the
administration of any assistance for major disasters or
emergencies declared by the President before the effective date
of ``The Disaster Relief and Emergency Assistance Amendments of
1988.''
Executive Order 12699
Seismic Safety of Federal and Federally Assisted or Regulated
New Building Construction
(As amended by EO 13286)
=======================================================================
Signed: January 5, 1990
Federal Register page and date: 55 FR 835; January 9, 1990
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America, and in
furtherance of the Earthquake Hazards Reduction Act of 1977, as
amended et seq.), which requires that Federal preparedness and
mitigation activities are to include ``development and
promulgation of specifications, building standards, design
criteria, and construction practices to achieve appropriate
earthquake resistance for new . . . structures,'' and ``an
examination of alternative provisions and requirements for
reducing earthquake hazards through Federal and federally
financed construction, loans, loan guarantees, and licenses. .
. . '' (f)(3, 4)), it is hereby ordered as follows:
Section 1. Requirements for Earthquake Safety of New Federal
Buildings.
The purposes of these requirements are to reduce risks to
the lives of occupants of buildings owned by the Federal
Government and to persons who would be affected by the failures
of Federal buildings in earthquakes, to improve the capability
of essential Federal buildings to function during or after an
earthquake, and to reduce earthquake losses of public
buildings, all in a cost-effective manner. A building means any
structure, fully or partially enclosed, used or inteded for
sheltering persons or property.
Each Federal agency responsible for the design and
construction of each new Federal building shall ensure that the
building is designed and constructed in accord with appropriate
seismic design and construction standards. This requirement
pertains to all building projectsd for which development of
detailed plans and specifications is inititated subsequent to
the issuance of the order. Seismic design and construction
standards shall be adopted for agency use in accord with
sections 3(a) and 4(a) of this order.
Sec. 2. Federally Leased, Assisted, or Regulated Buildings.
The purposes of these requirements are to reduce risks to
the lives of occupants of building leased for Federal uses or
purchased or constructed with Federal assistance, to reduce
risks to the lives of persons who would be affected by
earthquake failures of federally assisted or regulated
buildings, and to protect public investments, all in a cost-
effective manner. The provisions of this order shall apply to
all the new construction activities specified in the
subsections below.
(a) Space leased for Federal Occupancy. Each
Federal agency responsible for the construction and
lease of a new building for Federal use shall ensure
that the building is designed and constructed in accord
with appropriate seismic desgin and construction
standards. This requirement pertains to all leased
building projects for which the agreement covering
development of detailed plans and specifications is
effected subsequent to the issuance of this order.
Local building codes shall be used in design and
construction by those concerned with such activities in
accord with section 3(a) and 3(c) of this order and
augmented when necessary to achieve appropriate seismic
design and construction standards.
(b) Federal Domestic Assistance Programs. Each
Federal agency assisting in the financing, through
Federal grants or loans, or guaranteeing the financing,
through loan or mortgage insurance programs, of newly
constructed buildings shall plan, and shall initiate no
later than 3 years subsequent to the issuance of this
order, measures consistent with section 3(a) of this
order, to assure appropriate consideration of seismic
safety.
(c) Federally Regulated Buildings. Each Federal
agency with generic responsibility for regulating the
structural safety of buildings shall paln to require
use of appropriate seismic design and construction
standards for new buildings withing the agency's
purview. Implementation of the plan shall be initiated
no later than 3 years subsequent to the issuance of
this order.
Sec. 3. Concurrent Requirements.
(a) In accord with Office of Management and Budget
Circular A-119 of January 17, 1980, entitled ``Federal
Participation in the Development and Use of Voluntary
Standards,'' nationally recognized private sector
standards and practices shall be used for the purposes
identified in sections 1 and 2 above unless the
responsible agency finds that none is available that
meets its requirements. The actions ordered herein
shall consider the seismic hazards in various areas of
the country to be as shown in the most recent edition
of the American National Standards Institute Standards
A58, Minimum Design Loans for Buildings and Other
Structures, or subsequent maps adopted for Federal use
in accord with this order. Local building codes
determined by the responsible agency or by the
Interagency Committee for Seismic Safety in
Construction to provide adequatelky for seismic safety,
or special seismic standards and practices required by
unique agency mission needs, may be used.
(b) All orders, regulations, circulars, or other
directives issued, and all other actions taken prior to
the date of this order that maeet the requirements of
this order, are hereby confirmed and reatified and
shall be deemed to have been issued under this order.
(c) Federal agencies that are as of this date
requiring seismic safety levels that are higher than
those impsoed by this order in their assigned new
building construction programs shall continue to
maintain in force such levels.
(d) Nothing in this order shall apply to assistance
provided for emergency work essential to save lives and
protect propert and public health and safety, performed
pursuant to Sections 402, 403, 502, and 503 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act) 5170b, 5192, and 5193),
or for temporary housing assistance programs and
individual and family grants performed pursuant to
Sections 408 and 411 of the Stafford Act and 5178).
However, this order shall apply to other provisions of
the Stafford Act after a presidentially declared majore
disaster or emergency when assistance actions involve
new construction or total replacement of a building.
Grantees and subgrantees shall be encouraged to adopt
the standards established in section 3(a) of this order
for use when the construction does not involve Federal
funding as well as when Department of Homeland Security
funding applies.
Sec. 4. Agency Responsibility.
(a) The Secretary of Homeland Security shall be
responsible for reporting to the President on the
execution of this order and providing support for the
secretariat of the Interagency Committeed on Seismic
Safety in Construction (ISSC). The ICSSC, using
consensus procedures, shall be responsible to FEMA for
the recommendation for adoption of cost-effective
seismic design and construction standards and practices
required by sections 1 and 2 of this order.
Participation in ICSSC shall be open to all agencies
with programs affected by this order.
(b) To the extent permitted by law, each agency
shall issue ;or amend existing regulations or
procedures to comply with this order within 3 years of
its issuance and plan for their implementation through
the usual budget process. Thereafter, each agency shall
review, within a period not toi exceed 3 years, its
regulations or procefues to assess the need to
incorporate new or revised standards and practices.
Sec. 5. Reporting.
The Department of Homeland Security shall request, from
each agency affected by this order, information on the status
of its procedures, progress in its implementation plan, and the
impact of this order on its operations. The Department of
Homeland Security shall include an assessment of the execution
of this order in its annual report to the Congress on the
National Earthquake Hazards Reduction Program.
Sec. 6. Judicial Review.
Nothing in this order is intended to create any right or
benefit, substantive or procedureal, enforceab le at law by a
party against the United States, its agencies, its officers, or
any question.
Executive Order 12727
Ordering the Selected Reserve of the Armed Forces to Active
Duty
(As amended by EO 13286)
=======================================================================
Signed: August 22, 1990
Federal Register page and date: 55 FR 35027; August 27, 1990
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 121 and 673b of title 10 of the United
States Code, I hereby determine that it is necessary to augment
the active armed forces of the United States for the effective
conduct of operational missions in and around the Arabian
Peninsula. Further, under the stated authority, I hereby
authorize the Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when the
latter is not operating as a service in the Department of the
Navy, to order to active duty units and individual members not
assigned to units, of the Selected Reserve.
This order is intended only to improve the internal
management of the executive branch, and is not intended to
create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
This order shall be published in the Federal Register and
transmitted promplty to the Congress.
Executive Order 12728
Delegating the President's Authority to Suspend any Provision
of Law Relating to the Promotion, Retirement, or Separation of
Members of the Armed Forces
(As amended by EO 13286)
=======================================================================
Signed: August 22, 1990
Federal Register page and date: 55 FR 35029; August 27, 1990
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 673c of title 10 of the United States Code
and section 301 of title 3 of the United States Code, I hereby
order:
Section 1. The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Department of the Navy, are
hereby designated and empowered to exercise, without the
approval, ratification, or other action of the President, the
authority vested in the President by section 673c of title 10
of the United States Code (1) to suspend any provision of law
relating to promotion, retirement, or separation applicable to
any member of the armed forces determined to be essential to
the national security of the United States, and (2) to
determine, for the purposes of said section, that members of
the armed forces are essential to the national security of the
United States.
Sec. 2. The authority delegated to the Secretary of Defense and
the Secretary of Homeland Security by this order may be
redelegated and further subdelegated to subordinates who are
appointed to their offices by the President, by and with the
advice and consent of the Senate.
Sec. 3. This order is intended only to improve the internal
management of the executive branch and is not intended to
create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
Executive Order 12733
Authorizing the Extension of the Period of Active Duty of
Personnel of the Selected Reserve of the Armed Forces
(As amended by EO 13286)
=======================================================================
Signed: November 13, 1990
Federal Register page and date: 55 FR 47837; November 15, 1990
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 121 and 673b(i) of title 10 of the United
States Code, I hereby determine that, in the interests of
national security, extending the period of active duty is
necessary for the following: units of the Selected Reserve, and
members of the Selected Reserve not assigned to a unit
organized to serve as a unit of the Selected Reserve, now
serving on or hereafter ordered to active duty pursuant to
section 673b(a) of title 10 of the United States Code and
Executive Order No. 12727 of August 22, 1990. Further, under
the stated authority, I hereby authorize the Secretary of
Defense, and the Secretary of Homeland Security with respect to
the Coast Guard when the latter is not operating as a service
in the Department of the Navy, to extend the period of active
duty of such units and members of the Selected Reserve.
This order is intended only to improve the internal
management of the executive branch, and is not intended to
create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
This order shall be published in the Federal Register and
transmitted promptly to the Congress.
Executive Order 12742
National Security Industrial Responsiveness
(As amended by EO 13286)
=======================================================================
Signed: January 8, 1991
Federal Register page and date: 56 FR 1079; January 10, 1991
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including and 9501, and it is hereby ordered as follows:
Section 101. Policy. The United States must have the capability
to rapidly mobilize its resources in the interest of national
security. Therefore, to achieve prompt delivery of articles,
products, and materials to meet national security requirements,
the Government may place orders and require priority
performance of these orders.
Sec. 102. Delegation of Authority under
(a) Subject to paragraph (b) of this section, the
authorities vested in the President, under with respect
to the placing of orders for prompt delivery of
articles or materials, except for the taking authority
under (c), are hereby delegated to:
(1) The Secretary of Agriculture with
respect to all food resources;
(2)the Secretary of Energy with respect to
all forms of eneryg;
(3) the Secretary of Transportation with
respect to all forms of civil transportation;
and
(4) the Secretary of Commerce with respect
to all other articles and materials, including
construction materials.
(b) The authorities delegated by paragraph (a) of
this section shall be exercised only after:
(1) a determination by the Secretary of
Defense that prompt delivery of the articles or
materials for the exclusive use of the armed
forces of the United States is in the interest
of national security, or
(2) a determination by the Secretary of
Energy that the prompt delivery of the articles
or materials for the Department of Energy's
atomic energy programs is in the interest of
national security.
(c) All determinations of the type described in
paragraph (b) of this section and all delgations _ made
prior to the effective date of this order under the
Defense Production Act of 1950, as amended, and under
its implementing rules and regulations _ shall be
continued in effect, including but not limited to
approved programs listed under the Defense Priorities
and ALlocations System (15 CFR Part 700).
Sec. 103. Delegation of Authority under and 9501, and
(a) Subject to paragraph (b) of this section, the
authorities vested in the President under and 9501 with
respect to the placing of orders for necessary products
or materials, and under with respect to the placing of
orders for ships or war materials, except for the
taking authority vested in the President by these acts,
are hereby delegated to:
(1) the Secretary of Agriculture with
respect to all food resources;
(2) the Secretary of Energy with respect to
all forms of energy;
(3) the Secretary of Transportation with
respect to all forms of civil transportation;
and
(4) the Secretary of Commerce with respect
to all other products and materials, including
construction materials.
(b) The authorities delegated in paragraph (a) of
this section may be exercised only after the President
has made the statutorily required determination.
Sec. 104. Implementation.
(a) The authorities delegated under sections 102
and 103 of this order shall include the power to
redelegate such authorities, and the power of
successive redelegation of such authorities, to
departments and agencies, officers, and employees of
the Government. The authorities delegated in this order
may be implemented by regulations promulgated and
administered by the Secretaries of Agriculture,
Defense, Energy, Transportation, Homeland Security, and
Commerce, and the Director of the Federal Emergency
Management Agency, as appropriate.
(b) All departments and agencies delegated
authority under this order are hereby directed to amend
their rules and regulations as necessary to reflect the
new authorities delegated herein that are to be relied
upon to carry out their functions. To the extent
authorized by alw, including and 9501, and all rules
and regulations issued under the Defense Production Act
of 1950, as amended, with respect to the placing of
priority orders for articles, products, ships, and
materials, including war materials, shall be deemed,
where appropriate, to implement the authorities
delegated by sections 102 and 103 of this order, and
shall remain in effect until amended or revoked by the
respective Secretary. All orders, regualtions, and
other forms of administrative actions purported to have
been issued, taken, or continued in effect pursuant to
the Defense Production Act of 1950, as amended, shall,
until amended or revoked by the respective Secretaries
or the Director of the Federal Emergency Management
Agency, as appropriate, remain in full force and
effect, to the extent supported by any law or any
authority delegated to the respective Secretary or the
Director pursuant to this order.
(c) Upon the request of the Secretary of Defense
with respect to particular articles, products, or
materials that are determined to be needed to meet
national security requirements, any other official
receiving a delegation of authority under this
Executive order to place orders or to enforce
precedence of such orders, shall exercise such
authroity within 10 calendar days of the receipt of the
request; provided, that if the head of any department
or agency having delegated responsibilities hereunder
disagrees with a request of the Secretary of Defense,
such department or agency head shall, within 10
calendar days from the receipt of the request, refer
the issue to the Assistant to the President for
National Security Affairs, who shall ensure expeditious
resolution of the issue.
(d) Proposed department and agency regulations and
procedures to implement the delegated authority under
this order, and any new determinations made under
sections 102(b)(1) or (2), shall be coordinated by the
Secretary of Homeland Security with all appropriate
departments and agencies.
Sec. 105. Judicial Review. This order is intended only to
improve the internal management of the executive branch and is
not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, its officers, or any person.
Executive Order 12788
Defense Economic Adjustment Program
(As amended by EO 13286, EO 13378)
=======================================================================
Signed: January 15, 1992
Federal Register page and date: 57 FR 2213; January 21, 1992
Amended by: EO 13286, February 28, 2003
EO 13378, May 12, 2005
Supersedes: EO 12049, March 27, 1978
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including and the Defense Economic Adjustment, Diversification,
Conversion, and Stabilization Act of 1990, enacted as Division
D, section 4001 et seq., of the National Defense Authorization
Act for Fiscal Year 1991, Public Law 101-510, and to provide
coordinated Federal economic adjustment assistance necessitated
by changes in Department of Defense activities, it is hereby
ordered as follows:
Section 1. Function of the Secretary of Defense. The Secretary
of Defense shall, through the Economic Adjustment Committee,
design and establish a Defense Economic Adjustment Program.
Sec. 2. The Defense Economic Adjustment Program shall
(1) assist substantially and seriously affected
communities, businesses, and workers from the effects
of major Defense base closures, realignments, and
Defense contract-related adjustments, and
(2) assist State and local governments in
preventing the encroachment of civilian communities
from impairing the operational utility of military
installations.
Sec. 3. Functions of the Defense Economic Adjustment Program.
The Defense Economic Adjustment Program shall:
(a) Identify problems of States, regions,
metropolitan areas, or communities that result from
major Defense base closures, realignments, and Defense
contract-related adjustments, and the encroachment of
the civilian community on the mission of military
installations and that require Federal assistance;
(b) Use and maintain a uniform socioeconomic impact
analysis to justify the use of Federal economic
adjustment resources, prior to particular realignments;
(c) Apply consistent policies, practices, and
procedures in the administration of Federal programs
that are used to assist Defense-affected States,
regions, metropolitan areas, communities, and
businesses;
(d) Identify and strengthen existing agency
mechanisms to coordinate employment opportunities for
displaced agency personnel;
(e) Identify and strengthen existing agency
mechanisms to improve reemployment opportunities for
dislocated Defense industry personnel;
(f) Assure timely consultation and cooperation with
Federal, State, regional, metropolitan, and community
officials concerning Defense-related impacts on
Defense-affected communities' problems;
(g) Assure coordinated interagency and
intergovernmental adjustment assistance concerning
Defense impact problems;
(h) Prepare, facilitate, and implement cost-
effective strategies and action plans to coordinate
interagency and intergovernmental economic adjustment
efforts;
(i) Encourage effective Federal, State, regional,
metropolitan, and community cooperation and concerted
involvement of public interest groups and private
sector organizations in Defense economic adjustment
activities;
(j) Serve as a clearinghouse to exchange
information among Federal, State, regional,
metropolitan, and community officials involved in the
resolution of community economic adjustment problems.
Such information may include, for example, previous
studies, technical information, and sources of public
and private financing;
(k) Assist in the diversification of local
economies to lessen dependence on Defense activities;
(l) Encourage and facilitate private sector interim
use of lands and buildings to generate jobs as military
activities diminish;
(m) Develop ways to streamline property disposal
procedures to enable Defense-impacted communities to
acquire base property to generate jobs as military
activities diminish; and
(n) Encourage resolution of regulatory issues that
impede encroachment prevention and local economic
adjustment efforts.
Sec. 4. Economic Adjustment Committee.
(a) Membership. The Economic Adjustment Committee
(``Committee'') shall be composed of the following
individuals, or a designated principal deputy of these
individuals, and such other individuals from the
executive branch as the President may designate. Such
individuals shall include the:
(1) Secretary of Agriculture;
(2) Attorney General;
(3) Secretary of Commerce;
(4) Secretary of Defense;
(5) Secretary of Education;
(6) Secretary of Energy;
(7) Secretary of Health and Human Services;
(8) Secretary of Housing and Urban
Development;
(9) Secretary of the Interior;
(10) Secretary of Labor;
(11) Secretary of State;
(12) Secretary of Transportation;
(13) Secretary of the Treasury;
(14) Secretary of Veterans Affairs;
(15) Secretary of Homeland Security;
(16) Chairman, Council of Economic
Advisers;
(17) Director of the Office of Management
and Budget;
(18) Director of the Office of Personnel
Management;
(19) Administrator of the Environmental
Protection Agency;
(20) Administrator of General Services;
(21) Administrator of the Small Business
Administration; and,
(22) Postmaster General.
(b) The Secretary of Defense, or the Secretary's
designee, shall chair the Committee.
(c) The Secretaries of Labor and Commerce shall
serve as Vice Chairmen of the Committee. The Vice
Chairmen shall co-chair the Committee in the absence of
both the Chairman and the Chairman's designee and may
also preside over meetings of designated
representatives of the concerned executive agencies.
(d) Executive Director. The head of the Department
of Defense's Office of Economic Adjustment shall
provide all necessary policy and administrative support
for the Committee and shall be responsible for
coordinating the application of the Defense Economic
Adjustment Program to Department of Defense activities.
(e) Duties. The Committee shall:
(1) Advise, assist, and support the Defense
Economic Adjustment Program;
(2) Develop procedures for ensuring that
State, regional, and community officials and
representatives of organized labor in those
States, municipalities, localities, or labor
organizations that are substantially and
seriously affected by changes in Defense
expenditures, realignments or closures, or
cancellation or curtailment of major Defense
contracts, are notified of available Federal
economic adjustment programs; and,
(3) Report annually to the President and
then to the Congress on the work of the
Economic Adjustment Committee during the
preceding fiscal year.
Sec. 5. Responsibilities of Executive Agencies.
(a) The head of each agency represented on the
Committee shall designate an agency representative to:
(1) Serve as a liaison with the Secretary
of Defense's economic adjustment staff;
(2) Coordinate agency support and
participation in economic adjustment assistance
projects; and,
(3) Assist in resolving Defense-related
impacts on Defense-affected communities.
(b) All executive agencies shall:
(1) Support, to the extent permitted by
law, the economic adjustment assistance
activities of the Secretary of Defense. Such
support may include the use and application of
personnel, technical expertise, legal
authorities, and available financial resources.
This support may be used, to the extent
permitted by law, to provide a coordinated
Federal response to the needs of individual
States, regions, municipalities, and
communities adversely affected by necessary
Defense changes;
(2) Afford priority consideration to
requests from Defense-affected communities for
Federal technical assistance, financial
resources, excess or surplus property, or other
requirements, that are part of a comprehensive
plan used by the Committee.
Sec. 6. Judicial Review.
This order shall not be interpreted to create any right or
benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers,
its agents, or any person.
Sec. 7. Construction.
(a) Nothing in this order shall be construed as
subjecting any function vested by law in, or assigned
pursuant to law to, any agency or head thereof to the
authority of any other agency or officer or as
abrogating or restricting any such function in any
manner.
(b) This order shall be effective immediately and
shall supersede Executive Order No. 12049.
Executive Order 12789
Delegation of Reporting Functions Under the Immigration Reform
and Control Act of 1986
(As amended by EO 13286)
=======================================================================
Signed: February 10, 1992
Federal Register page and date: 57 FR 5225; February 12, 1992
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 301 of title 3, United States Code, and title
IV of the Immigration Reform and Control Act of 1986, Public
Law 99-603 (``Reform Act''), it is hereby ordered as follows:
Section 1. The Secretary of Homeland Security shall: (a)
perform, in coordination with the Secretary of Labor, the
functions vested in the President by section 401 of the Reform
Act
((b) perform, except for the vunctions in section
402(3)(A), the functions vested in the President by
section 402 of the Reform Act note); and
((c) perform, insofar as they relate to the initial
report described in section 404(b), the functions
vested in the President by section 404 of the Reform
Act note).
Sec. 2. The Secretary of Labor shall: (a) perform the functions
vested in the President by section 402(3)(A) of the Reform Act
note).
((b) perform the functions vested in the President
by section 403 of the Reform Act note).
((c) perform, insofar as they relate to the second
report described in section 404(c), the functions
vested in the President by section 404 of the Reform
Act note).
Sec. 3. The functions delegated by sections 1 and 2 of this
order shall be performed in accordance with the procedures set
forth in OMB Circular A-19.
Sec. 4. This order shall be effective immediately.
Executive Order 12793
Defense Economic Adjustment Program
(As amended by EO 13286)
=======================================================================
Signed: March 20, 1992
Federal Register page and date: 57 FR 10281; March 25, 1992
Amended by: EO 13286, February 28, 2003
Supersedes: EO 10879, June 1, 1960
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
as Commander in Chief of the Armed Forces of the United States,
it is ordered of follows;
Section 1. Presidential Service Certificate. The Presidential
Service Certificate (``Certificate'') is hereby continued, the
design of which accompanies and is hereby made a part of this
order. The Certificate shall be awarded in the name of the
Presidential of the United States by the Secretary of the Army,
The Secretary of the Navy, the Secretary of the Air Force, or,
when the Coast Guard is not operating as a service in the Navy,
the Secretary of Homeland Security. It shall be awarded by the
appropriate Secretary to members of the Army, Navy, Marine
Corps, Air Force, Coast Guard, respectively, who have been
assigned to the White House Office; to military units and
support facilities under the administration of the White House
Military Office; or to other direct support positions within
the Executive Office of the President (``EOP''). The
Certificate shall not be issued to any member who is issued a
Vice Presidential Certificate, or similar EOP Certificate, for
the same period of service. Such assignment must be for a
period of at least one year, subsequent to January 21, 1989.
Sec. 2. Presidential Service Badge. The Presidential Service
Badge (``Badge'') is hereby continued, the design of which
accompanies and is hereby made a part of this order. The Badge
shall be awarded to those members of the Armed Forces who have
been granted the Certificate and shall be awarded in the same
manner in which the Certificate has been given. The Badge shall
be worn as a part of the uniform of those individuals under
such regulations as their respective Secretaries may severally
prescribe.
Sec. 3. Only one Certificate may be awarded to an individual.
Sec. 4. The Certificate and the Badge may be granted
posthumously.
Sec. 5. This order shall supersede Executive Order No. 10879 of
June 1, 1960, as amended.
Executive Order 12807
Interdiction of Illegal Aliens
(As amended by EO 13286)
=======================================================================
Signed: May 24, 1992
Federal Register page and date: 57 FR 23133; June 1, 1992
Amended by: EO 13286, February 28, 2003
Revokes: EO 12324, September 29, 1981
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 212(f) and 215(a)(1) of the Immigration and
Nationality Act, as amended (f) and 1185(a)(1)), and whereas:
(1) The President has authority to suspend the
entry of aliens coming by sea to the United States
without necessary documentation, to establish
reasonable rules and regulations regarding, and other
limitations on, the entry or attempted entry of aliens
into the United States, and to repatriate aliens
interdicted beyond the territorial sea of the United
States;
(2) The international legal obligations of the
United States under the United Nations Protocol
Relating to the Status of Refugees (U.S. T.I.A.S. 6577;
19 U.S.T. 6223) to apply Article 33 of the United
Nations Convention Relating to the Status of Refugees
do not extend to persons located outside the territory
of the United States;
(3) Proclamation No. 4865 suspends the entry of all
undocumented aliens into the United States by the high
seas; and
(4) There continues to be a serious problem of
persons attempting to come to the United States by sea
without necessary documentation and otherwise
illegally.
I, George Bush, President of the United States of America,
hereby order as follows:
Section 1. The Secretary of State shall undertake to enter
into, on behalf of the United States, cooperative arrangements
with appropriate foreign governments for the purpose of
preventing illegal migration to the United States by sea.
Sec. 2.
(a) The Secretary of the Department in which the
Coast Guard is operating, in consultation, where
appropriate, with the Secretary of Defense, the
Attorney General, and the Secretary of State, shall
issue appropriate instruction to the Coast Guard in
order to enforce the suspension of the entry of
undocumented aliens by sea and the interdiction of any
defined vessel carrying such aliens.
(b) Those instructions shall apply to any of the
following defined vessels:
(1) Vessels of the United States, meaning
any vessel documented or numbered pursuant to
the laws of the United States, or owned in
whole or in part by the United States, a
citizen of the United States, or a corporation
incorporated under the laws of the United
States or any State, Territory, District,
Commonwealth, or possession thereof, unless the
vessel has been granted nationality by a
foreign nation in accord with Article 5 of the
Convention on the High Seas of 1958 (U.S.
T.I.A.S. 5200; 13 U.S.T. 2312).
(2) Vessels without nationality or vessels
assimilated to vessels without nationality in
accordance with paragraph (2) of Article 6 of
the Convention on the High Seas of 1958 (U.S.
T.I.A.S. 5200; 13 U.S.T. 2312).
(3) Vessels of foreign nations with whom we
have arrangements authorizing the United States
to stop and board such vessels.
(c) Those instructions to the Coast Guard shall
include appropriate directives providing for the Coast
Guard:
(1) To stop and board defined vessels, when
there is reason to believe that such vessels
are engaged in the irregular transportation of
persons or violations of United States law or
the law of a country with which the United
States has an arrangement authorizing such
action.
(2) To make inquiries of those on board,
examine documents and take such actions as are
necessary to carrty out this order.
(3) To return the vessel and its passengers
to the country from which it came, or to
another country, when there is reason to
believe that an offense is being committed
against the United States immigration laws, or
appropriate laws of a foreign country with
which we have an arrangement to assist;
provided, however, that the Secretary of
Homeland Security, in his unreviewable
discretion, may decide that a person who is a
refugee will ot be returned without his
consent.
(d) These actions, pursuant to this section, are
authorized to be undertaken only beyond the territorial
sea of the United States.
Sec. 3. This order is intended only to improve the internal
management of the Executive Branch. Neither this order nor any
agency guidelines, procedures, instructions, directives, rules
or regulations implementing this order shall create, or shall
be construed to create, any right or benefit, substantive or
procedural (including without limitation any right or benefit
under the Administrative Procedure Act), legally enforceable by
any party against the United States, its agencies or
instrumentalities, officers, employees, or any other person.
Nor shall this order is construed to require any procedures to
determine whether a person is a refugee.
Sec. 4. Executive Order No. 12324 is hereby revoked and
replaced by this order.
Sec. 5. This order shall be effective immediately.
Executive Order 12824
Establishing the Homeland Security Distinguished Service Medal
(As amended by EO 13286)
=======================================================================
Signed: December 7, 1992
Federal Register page and date: 57 FR 58121; December 9, 1992
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America and
as Commander in Chief of the Armed Forces of the United States,
it is ordered as follows:
Section 1. There is hereby established a Homeland Security
Distinguished Service Medal, with accompanying ribbons and
appurtenances, for award by the Secretary of Homeland Security
to a member of the Coast Guard who has provided exceptionally
meritorious service in a duty of great responsibility while
assigned in the Department of Homeland Security, or in other
activities under the responsibility of the Secretary of
Homeland Security, either national or international, as may be
assigned by the Secretary.
Sec. 2. The Homeland Security Distinguished Service Medal and
appurtenances thereto shall be of appropriate design approved
by the Secretary of Transportation and shall be awarded under
such regulations as the Secretary shall prescribe. These
regulations shall place the Homeland Security Distinguished
Service Medal in an order of precedence immediately before the
Coast Guard Distinguished Service Medal.
Sec. 3. No more than one Homeland Security Distinguished
Service Medal shall be awarded to any one person, but for each
succeeding exceptionally meritorious period of service
justifying such an award, a suitable device may be awarded to
be worn with that Medal as prescribed by appropriate
regulations of the Department of Homeland Security.
Sec. 4. The Homeland Security Distinguished Service Medal or
device may be awarded posthumously and, when so awarded, may be
presented to such representative of the deceased as may be
deemed appropriate by the Secretary of Homeland Security.
Executive Order 12830
Establishing the Military Outstanding Volunteer Service Medal
(As amended by EO 13286)
=======================================================================
Signed: January 9, 1993
Federal Register page and date: 58 FR 4061; January 13, 1993
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
as Commander in Chief of the Armed Forces, it is hereby ordered
as follows:
Section 1. There is hereby established a Military Outstanding
Volunteer Service Medal, with accompanying ribbons and
appurtenances, for award by the Secretary of Defense or, with
respect to the Coast Guard when it is not operating as a
service in the Navy, the Secretary of Homeland Security.
Members of the Armed Forces of the United States (including
Reserve components) who perform outstanding volunteer service
to the civilian community of a sustained, direct, and
consequential nature are eligible for the medal.
Sec. 2. The Military Outstanding Volunteer Service Medal and
ribbons and appurtenances thereto shall be of appropriate
design approved by the Secretary of Defense. The Secretary of
Defense shall prescribe regulations to govern the award and
wear of the Military Outstanding Volunteer Service Medal. The
regulations shall place the Military Outstanding Volunteer
Service Medal in order of precedence immediately after the
Humanitarian Service Medal.
Sec. 3. No more than one award of the Military Outstanding
Volunteer Service Medal may be made to any one person, but for
each subsequent act justifying such an award, a suitable device
may be awarded to be worn with that medal as prescribed by
appropriate regulations issued by the Secretary of Defense.
Sec. 4. The Military Outstanding Volunteer Service Medal may be
awarded posthumously, and when so awarded, may be presented to
such representatives of the deceased as may be deemed
appropriate by the Secretary of Defense or, in the case of a
member of the Coast Guard when it is not operating as a service
in the Navy, the Secretary of Homeland Security.
=======================================================================
Executive Orders Issued by
President William J. Clinton
(1993-2001)
Executive Orders 12835-13165
=======================================================================
Executive Order 12835
Establishment of the National Economic Council
(As amended by EO 13286, EO 13499)
=======================================================================
Signed: January 25, 1993
Federal Register page and date: 58 FR 6189; January 27, 1993
Amended by: EO 13286, February 28, 2003
EO 13499, February 5, 2009
=======================================================================
By the authority vested in me as President of the United
States by the Constitution and the laws of the United States of
America, including sections 105, 107, and 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Establishment.
There is established the National Economic Council (``the
Council'').
Sec. 2. Membership. The Council shall comprise the:
(a) President, who shall serve as Chairman of the
Council;
(b) Vice President;
(c) Secretary of State;
(d) Secretary of the Treasury;
(e) Secretary of Agriculture;
(f) Secretary of Commerce;
(g) Secretary of Labor;
(h) Secretary of Housing and Urban Development;
(i) Secretary of Transportation;
(j) Secretary of Energy;
(k) Secretary of Homeland Security;
(l) Secretary of Health and Human Services;
(m) Secretary of Education;
(n) Senior Advisor and Assistant to the President
for Intergovernmental Affairs and Public Liaison;
(o) Assistant to the President for Energy and
Climate Change;
(p) Assistant to the President and Chief Technology
Officer;
(q) Administrator of the Small Business
Administration
(r) Administrator of the Environmental Protection
Agency;
(s) Chair of the Council of Economic Advisers;
(t) Director of the Office of Management and
Budget;
(u) United States Trade Representative;
(v) Assistant to the President for Economic Policy;
(w) Assistant to the President for Domestic Policy;
(x) National Security Adviser;
(y) Assistant to the President for Science and
Technology Policy; and
(z) Such other officials of executive departments
and agencies as the President may, from time to time,
designate.
Sec. 3. Meetings of the Council. The President, or upon his
direction, the Assistant to the President for Economic Policy
(``the Assistant''), may convene meetings of the Council. The
President shall preside over the meetings of the Council,
provided that in his absence the Vice President, and in his
absence the Assistant, will preside.
Sec. 4. Functions.
(a) The principal functions of the Council are:
(1) to coordinate the economic policy-
making process with respect to domestic and
international economic issues;
(2) to coordinate economic policy advice to
the President;
(3) to ensure that economic policy
decisions and programs are consistent with the
President's stated goals, and to ensure that
those goals are being effectively pursued; and
(4) to monitor implementation of the
President's economic policy agenda. The
Assistant may take such actions, including
drafting a Charter, as may be necessary or
appropriate to implement such functions.
(b) All executive departments and agencies, whether
or not represented on the Council, shall coordinate
economic policy through the Council.
(c) In performing the foregoing functions, the
Assistant will, when appropriate, work in conjunction
with the Assistant to the President for Domestic Policy
and the Assistant to the President for National
Security.
(d) The Secretary of the Treasury will continue to
be the senior economic official in the executive branch
and the President's chief economic spokesperson.
The Director of the Office of Management and Budget, as
the President's principal budget spokesperson, will
continue to be the senior budget official in the
executive branch. The Council of Economic Advisers will
continue its traditional analytic, forecasting and
advisory functions.
Sec. 5. Administration.
(a) The Council may function through established or
ad hoc committees, task forces or interagency groups.
(b) The Council shall have a staff to be headed by
the Assistant to the President for Economic Policy. The
Council shall have such staff and other assistance as
may be necessary to carry out the provisions of this
order.
(c) All executive departments and agencies shall
cooperate with the Council and provide such assistance,
information, and advice to the Council as the Council
may request, to the extent permitted by law.
Executive Order 12859
Establishment of the Domestic Policy Council
(As amended by EO 13284, EO 13500)
=======================================================================
Signed: August 16, 1993
Federal Register page and date: 58 FR 44101; August 19, 1993
Amended by: EO 13284, January 23, 2003
EO 13500, February 5, 2009
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 105, 107, and 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1. Establishment.
There is established the Domestic Policy Council (``the
Council'').
Sec. 2. Membership. The Council shall comprise the:
(a) President, who shall serve as a Chairman of the
Council;
(b) Vice President;
(c) Secretary of Health and Human Services;
(d) Attorney General;
(e) Secretary of Labor;
(f) Secretary of Veterans Affairs;
(g) Secretary of the Interior;
(h) Secretary of Education;
(i) Secretary of Housing and Urban Development;
(j) Secretary of Agriculture;
(k) Secretary of Transportation;
(l) Secretary of Commerce;
(m) Secretary of Energy;
(n) Secretary of the Treasury;
(o) Secretary of Homeland Security;
(p) Administrator of the Environmental Protection
Agency;
(q) Chair of the Council of Economic Advisers;
(r) Director of the Office of Management and
Budget;
(s) Assistant to the President for Economic Policy;
(t) Assistant to the President for Domestic Policy;
(u) Assistant to the President and Director of the
Office of National Service;
(v) Assistant to the President for Energy and
Climate Change;
(w) Director, Office of National Drug Control
Policy;
(x) Assistant to the President and Chief Technology
Officer;
(y) Chief Executive Officer, Corporation for
National and Community Service;
(z) Director of the Office of Science and
Technology Policy; and
(aa) Such other officials of Executive departments
and agencies as the President may, from time to time,
designate.
Sec. 3. Meeting of the Council. The President, or upon his
direction, the Assistant to the President for Domestic Policy
(``the Assistant''), may convene meetings of the Council. The
President shall preside over the meetings of the Council,
provided that in his absence the Vice President, and in his
absence the Assistant, will preside.
Sec. 4. Functions.
(a) The principal functions of the Council are:
(1) to coordinate the domestic policy-
making process;
(2) to coordinate domestic policy advice to
the President; (3) to ensure that domestic
policy decisions and programs are consistent
with the President's stated goals, and to
ensure that those goals are being effectively
pursued; and (4) to monitor implementation of
the President's domestic policy agenda. The
Assistant may take such actions, including
drafting a Charter, as may be necessary or
appropriate to implement such functions.
(b) All executive departments and agencies, whether
or not represented on the Council, shall coordinate
domestic policy through the Council.
(c) In performing the foregoing functions, the
Assistant will, when appropriate, work with the
Assistant to the President for National Security
Affairs and the Assistant to the President for Economic
Policy.
Sec. 5. Administration.
(a) The Council may function through established or
ad hoc committees, task forces or interagency groups.
(b) The Council shall have a staff to be headed by
the Assistant to the President for Domestic Policy. The
Council shall have such staff and other assistance as
may be necessary to carry out the provisions of this
order.
(c) All executive departments and agencies shall
cooperate with the Council and provide such assistance,
information, and advice to the Council as the Council
may request, to the extent permitted by law.
Executive Order 12870
Trade Promotion Coordinating Committee
(As amended by EO 133286)
=======================================================================
Signed: September 30, 1993
Federal Register page and date: 58 FR 51753; October 4, 1993
Amended by: EO 13286, 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 Export Enhancement Act of 1992 (Public Law 102-
429, 106 Stat. 2186), and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1. Establishment. There is established the ``Trade
Promotion Coordinating Committee'' (``TPCC''). The Committee
shall comprise representatives of each of the following:
(a) Department of Commerce
(b) Department of State;
(c) Department of the Treasury;
(d) Department of Agriculture;
(e) Department of Energy;
(f) Department of Transportation;
(g) Department of Defense;
(h) Department of Labor;
(i) Department of the Interior;
(j) Department of Homeland Security;
(k) Agency for International Development;
(l) Trade and Development Agency;
(m) Environmental Protection Agency;
(n) United States Information Agency;
(o) Small Business Administration;
(p) Overseas Private Investment Corporation;
(q) Export-Import Bank of the United States;
(r) Office of the United States Trade
Representative;
(s) Council of Economic Advisers;
(t) Office of Management and Budget;
(u) National Economic Council;
(v) National Security Council; and
(w) at the discretion of the President, such other
departments or agencies as may be necessary.
Members of the TPCC shall be appointed by the heads
of their respective departments or agencies. Such
members, as well as their designated alternatives,
shall be individuals who exercise significant decision-
making authority in their respective departments or
agencies.
Sec. 2. Chairperson. The Secretary of Commerce shall be the
chairperson of the TPCC.
Sec. 3. Purpose. The purpose of the TPCC shall be to provide a
unifying framework to coordinate the export promotion and
export financing activities of the United States Government and
to develop a governmentwide strategic plan for carrying out
such programs.
Sec. 4. Duties. The TPCC shall:
(a) coordinate the development of the trade
promotion policies and programs of the United States
Government;
(b) provide a central source of information for the
business community on Federal export promotion and
export financing programs;
(c) coordinate official trade promotion efforts to
ensure better delivery of services to U.S. businesses,
including:
(1) information and counseling on U.S.
export promotion and export financing programs
and opportunities in foreign markets;
(2) representation of U.S. business
interests abroad; and
(3) assistance with foreign business
contacts and projects;
(d) prevent unnecessary duplication in Federal
export promotion and export financing activities;
(e) assess the appropriate levels and allocation of
resources among agencies in support of export promotion
and export financing and provide recommendations,
through the Director of the Office of Management and
Budget to the President, based on its assessment; and
(f) carry out such other duties as are deemed to be
appropriate, consistent with the purpose of the TPCC.
Sec. 5. Strategic Plan. To carry out section 4 of this order,
the TPCC shall develop and implement a governmentwide strategic
plan for Federal trade promotion efforts. Such plan shall:
(a) establish a set of priorities for Federal
activities in support of U.S. exports and explain the
rationale for the priorities;
(b) review current Federal programs designed to
promote the sale of U.S. exports in light of the
priorities established under paragraph (a) of this
section and develop a plan to bring such activities
into line with those priorities and to improve
coordination of such activities;
(c) identify areas of overlap and duplication among
Federal export promotion activities and propose means
of eliminating them;
(d) propose, through the Director of the Office of
Management and Budget, to the President an annual
unified Federal trade promotion budget that supports
the plan for priority activities and improved
coordination established under paragraph (b) of this
section and eliminates funding for the areas of overlap
and duplication identified under paragraph (c) of this
section; and
(e) review efforts by the States to promote U.S.
exports and propose means of developing cooperation
between State and Federal efforts, including co-
location, cost-sharing between Federal and State export
promotion programs, and sharing of market research
data.
Sec. 6. Report. The chairperson of the TPCC, with the approval
of the President, shall prepare and submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Committee on Foreign Affairs of the House of Representatives,
not later than September 30, 1993, and annually thereafter, a
report describing the strategic plan developed by the TPCC
pursuant to section 5 of this order, the implementation of such
a plan, and any revisions to the plan.
Executive Order 12881
Establishment of the National Science and Technology Council
(As amended by EO 13284)
=======================================================================
Signed: November 23, 1993
Federal Register page and date: 58 FR 62491; November 26, 1993
Amended by: EO 13284, January 23, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 301 of title 3, United States Code, it is
hereby ordered as follows:
Section 1. Establishment. There is established the National
Science and Technology Council (``the Council'').
Sec. 2. Membership. The Council shall comprise the:
(a) President, who shall serve as Chairman of the
Council;
(b) Vice President;
(c) Secretary of Commerce;
(d) Secretary of Defense;
(e) Secretary of Energy;
(f) Secretary of Health and Human Services;
(g) Secretary of State;
(h) Secretary of the Interior;
(i) Secretary of Homeland Security;
(j) Administrator, National Aeronautics and Space
Administration;
(k) Director, National Science Foundation;
(l) Director of the Office of Management and
Budget;
(m) Administrator, Environmental Protection Agency;
(n) Assistant to the President for Science and
Technology;
(o) National Security Adviser;
(p) Assistant to the President for Economic Policy;
(q) Assistant to the President for Domestic Policy;
and
(r) Such other officials of executive departments
and agencies as the President may, from time to time,
designate.
Sec. 3. Meetings of the Council. The President or, upon his
direction, the Assistant to the President for Science and
Technology (``the Assistant''), may convene meetings of the
Council. The President shall preside over the meetings of the
Council, provided that in his absence the Vice President, and
in his absence the Assistant, will preside.
Sec. 4. Functions.
(a) The principal functions of the Council are, to
the extent permitted by law:
(1) to coordinate the science and
technology policymaking process;
(2) to ensure science and technology policy
decisions and programs are consistent with the
President's stated goals;
(3) to help integrate the President's
science and technology policy agenda across the
Federal Government;
(4) to ensure science and technology are
considered in development and implementation of
Federal policies and programs; and
(5) to further international cooperation in
science and technology. The Assistant may take
such actions, including drafting a Charter, as
may be necessary or appropriate to implement
such functions.
(b) All executive departments and agencies, whether
or not represented on the Council, shall coordinate
science and technology policy through the Council and
shall share information on research and development
budget requests with the Council.
(c) The Council shall develop for submission to the
Director of the Office of Management and Budget
recommendations on research and development budgets
that reflect national goals. In addition, the Council
shall provide advice to the Director of the Office of
Management and Budget concerning the agencies' research
and development budget submissions.
(d) The Assistant will, when appropriate, work in
conjunction with the Assistant to the President for
Economic Policy, the Assistant to the President for
Domestic Policy, the Director of the Office of
Management and Budget, and the National Security
Adviser.
Sec. 5. Administration.
(a) The Council will oversee the duties of the
Federal Coordinating Council for Science, Engineering,
and Technology, the National Space Council, and the
National Critical Materials Council.
(b) The Council may function through established or
ad hoc committees, task forces, or interagency groups.
(c) To the extent practicable and permitted by law,
executive departments and agencies shall make
resources, including, but not limited to, personnel,
office support, and printing, available to the Council
as requested by the Assistant.
(d) All executive departments and agencies shall
cooperate with the Council and provide such assistance,
information, and advice to the Council as the Council
may request, to the extent permitted by law.
Executive Order 12898
Economy and Efficiency in Government Procurement Through
Compliance with Certain Immigration and Nationality Act
Provisions and Use of an Electronic Employment Eligibility
Verification System
(As amended by EO 13286 and EO 13465)
=======================================================================
Signed: February 13, 1996
Federal Register page and date: 61 FR 6091; February 15, 1996
Amended by: EO 13286, February 28, 2003
EO 13465, June 6, 2008
=======================================================================
This order is designed to promote economy and efficiency in
Federal Government procurement. Stability and dependability are
important elements of economy and efficiency. A contractor
whose workforce is less stable will be less likely to produce
goods and services economically and efficiently than a
contractor whose workforce is more stable. It is the policy of
the executive branch to enforce fully the immigration laws of
the United States, including the detection and removal of
illegal aliens and the imposition of legal sanctions against
employers that hire illegal aliens. Because of the worksite
enforcement policy of the United States and the underlying
obligation of the executive branch to enforce the immigration
laws, contractors that employ illegal aliens cannot rely on the
continuing availability and service of those illegal workers,
and such contractors inevitably will have a less stable and
less dependable workforce than contractors that do not employ
such persons. Where a contractor assigns illegal aliens to work
on Federal contracts, the enforcement of Federal immigration
laws imposes a direct risk of disruption, delay, and increased
expense in Federal contracting. Such contractors are less
dependable procurement sources, even if they do not knowingly
hire or knowingly continue to employ unauthorized workers.
Contractors that adopt rigorous employment eligibility
confirmation policies are much less likely to face
immigration enforcement actions, because they are less
likely to employ unauthorized workers, and they are
therefore generally more efficient and dependable
procurement sources than contractors that do not employ
the best available measures to verify the work
eligibility of their workforce. It is the policy of the
executive branch to use an electronic employment
verification system because, among other reasons, it
provides the best available means to confirm the
identity and work eligibility of all employees that
join the Federal workforce. Private employers that
choose to contract with the Federal Government should
meet the same standard.
I find, therefore, that adherence to the general policy
of contracting only with providers that do not
knowingly employ unauthorized alien workers and that
have agreed to utilize an electronic employment
verification system designated by the Secretary of
Homeland Security to confirm the employment eligibility
of their workforce will promote economy and efficiency
in Federal procurement.
Now, Therefore, to ensure the economical and efficient
administration and completion of Federal Government
contracts, and by the authority vested in me as
President by the Constitution and the laws of the
United States of America, including subsection 121(a)
of title 40 and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1.
(a) It is the policy of the executive branch in
procuring goods and services that, to ensure the
economical and efficient administration and completion
of Federal Government contracts, contracting agencies
should not contract with employers that have not
complied with section 274A(a)(1)(A) and 274A(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1324a(a)(1)(A), 1324a(a)(2)) (the ``INA employment
provisions'') prohibiting the unlawful employment of
aliens.
(b) It is the policy of the executive branch in
procuring goods and services that, to ensure the
economical and efficient administration and completion
of Federal Government contracts, contracting agencies
may not enter into contracts with employers that do not
use the best available means to confirm the work
authorization of their workforce.
(c) It is the policy of the executive branch to
enforce fully the antidiscrimination provisions of the
INA. Nothing in this order relieves employers of
antidiscrimination obligations under section 274B of
the INA (8 U.S.C. 1324b) or any other law.
(d) All discretion under this order shall be
exercised consistent with the policies set forth in
this section.
Sec. 2. Contractor, as used in this Executive order, shall have
the same meaning as defined in subpart 9.4 of the Federal
Acquisition Regulation.
Sec. 3. Using the procedures established pursuant to 8 U.S.C.
1324a(e):
(a) the Secretary of Homeland Security may
investigate to determine whether a contractor or an
organizational unit thereof is not in compliance with
the INA employment provisions;
(b) the Secretary of Homeland Security shall
receive and may investigate complaints by employees of
any entity covered under section 3(a) of this order
where such complaints allege noncompliance with the INA
employment provisions; and
(c) the Secretary of Homeland Security or the
Attorney General shall hold such hearings as are
required under 8 U.S.C. 1324a(e) to determine whether
an entity covered under section 3(a) is not in
compliance with the INA employment provisions.
Sec. 4.
(a) Whenever the Secretary of Homeland Security or
the Attorney General determines that a contractor or an
organizational unit thereof is not in compliance with
the INA employment provisions, the Secretary of
Homeland Security or the Attorney General shall
transmit that determination to the appropriate
contracting agency and such other Federal agencies as
the Secretary of Homeland Security or the Attorney
General may determine. Upon receipt of such
determination from the Secretary of Homeland Security
or the Attorney General, the head of the appropriate
contracting agency shall consider the contractor or an
organizational unit thereof for debarment as well as
for such other action as may be appropriate in
accordance with the procedures and standards prescribed
by the Federal Acquisition Regulation.
(b) The head of the contracting agency may debar
the contractor or an organizational unit thereof based
on the determination of the Secretary of Homeland
Security or the Attorney General that it is not in
compliance with the INA employment provisions. Such
determination shall not be reviewable in the debarment
proceedings.
(c) The scope of the debarment generally should be
limited to those organizational units of a Federal
contractor that the Secretary of Homeland Security or
the Attorney General finds are not in compliance with
the INA employment provisions.
(d) The period of the debarment shall be for 1 year
and may be extended for additional periods of 1 year
if, using the procedures established pursuant to 8
U.S.C. 1324a(e), the Secretary of Homeland Security or
the Attorney General determines that the organizational
unit of the Federal contractor continues to be in
violation of the INA employment provisions.
(e) The Administrator of General Services shall
list a debarred contractor or an organizational unit
thereof on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs and the
contractor or an organizational unit thereof shall be
ineligible to participate in any procurement or
nonprocurement activities.
Sec. 5.
(a) Executive departments and agencies that enter
into contracts shall require, as a condition of each
contract, that the contractor agree to use an
electronic employment eligibility verification system
designated by the Secretary of Homeland Security to
verify the employment eligibility of:
(i) all persons hired during the
contract term by the contractor to
perform employment duties within the
United States; and
(ii) all persons assigned by the
contractor to perform work within the
United States on the Federal contract.
(b) The Secretary of Homeland Security:
(i) shall administer, maintain, and
modify as necessary and appropriate the
electronic employment eligibility
verification system designated by the
Secretary under subsection (a) of this
section; and
(ii) may establish with respect to
such electronic employment verification
system:
(A) terms and conditions
for use of the system; and
(B) procedures for
monitoring the use, failure to
use, or improper use of the
system.
(c) The Secretary of Defense, the Administrator of
General Services, and the Administrator of the National
Aeronautics and Space Administration shall amend the
Federal Acquisition Regulation to the extent necessary
and appropriate to implement the debarment
responsibility, the employment eligibility verification
responsibility, and other related responsibilities
assigned to heads of departments and agencies under
this order.
(d) Except to the extent otherwise specified by law
or this order, the Secretary of Homeland Security and
the Attorney General:
(i) shall administer and enforce this
order; and
(ii) may, after consultation to the extent
appropriate with the Secretary of Defense, the
Secretary of Labor, the Administrator of
General Services, the Administrator of the
National Aeronautics and Space Administration,
the Administrator for Federal Procurement
Policy, and the heads of such other departments
or agencies as may be appropriate, issue such
rules, regulations, or orders, or establish
such requirements, as may be necessary and
appropriate to implement this order.
Sec. 6. Each contracting department and agency shall cooperate
with and provide such information and assistance to the
Secretary of Homeland Security and the Attorney General as may
be required in the performance of their respective functions
under this order.
Sec. 7. The Secretary of Homeland Security, the Attorney
General, the Secretary of Defense, the Administrator of General
Services, the Administrator of the National Aeronautics and
Space Administration, and the heads of contracting departments
and agencies may delegate any of their functions or duties
under this order to any officer or employee of their respective
departments or agencies.
Sec. 8.
(a) This order shall be implemented in a manner
intended to minimize the burden on participants in the
Federal procurement process.
(b) This order shall be implemented in a manner
consistent with the protection of intelligence and law
enforcement sources, methods, and activities from
unauthorized disclosure.
Sec. 9.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to a department or
agency or the head thereof; or
(ii) functions of the Director of the Office of
Management and Budget relating to budget,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its departments, agencies or
entities, its officers, employees, or agents, or any
other person.
Executive Order 12906
Coordinating Geographic Data Acquisition and Access: The
National Spatial Data Infrastructure
(As amended by EO 13286)
=======================================================================
Signed: April 11, 1994
Federal Register page and date: 59 FR 17671; April 13, 1994
Amended by: EO 13286, February 28, 2003
=======================================================================
Geographic information is critical to promote economic
development, improve our stewardship of natural resources, and
protect the environment. Modern technology now permits improved
acquisition, distribution, and utilization of geographic (or
geospatial) data and mapping. The National Performance Review
has recommended that the executive branch develop, in
cooperation with State, local, and tribal governments, and the
private sector, a coordinated National Spatial Data
Infrastructure to support public and private sector
applications of geospatial data in such areas as
transportation, community development, agriculture, emergency
response, environmental management, and information technology.
NOW, THEREFORE, by the authority vested in me as President
by the Constitution and the laws of the United States of
America; and to implement the recommendations of the National
Performance Review; to advance the goals of the National
Information Infrastructure; and to avoid wasteful duplication
of effort and promote effective and economical management of
resources by Federal, State, local, and tribal governments, it
is ordered as follows:
Section 1. Definitions.
(a) ``National Spatial Data Infrastructure''
(``NSDI'') means the technology, policies, standards,
and human resources necessary to acquire, process,
store, distribute, and improve utilization of
geospatial data.
(b) ``Geospatial data'' means information that
identifies the geographic location and characteristics
of natural or constructed features and boundaries on
the earth. This information may be derived from, among
other things, remote sensing, mapping, and surveying
technologies. Statistical data may be included in this
definition at the discretion of the collecting agency.
(c) The ``National Geospatial Data Clearinghouse''
means a distributed network of geospatial data
producers, managers, and users linked electronically.
Sec. 2. Executive Branch Leadership for Development of the
Coordinated National Spatial Data Infrastructure.
(a) The Federal Geographic Data Committee
(``FGDC''), established by the Office of Management and
Budget (``OMB'') Circular No. A-16 (``Coordination of
Surveying, Mapping, and Related Spatial Data
Activities'') and chaired by the Secretary of the
Department of the Interior (``Secretary'') or the
Secretary's designee, shall coordinate the Federal
Government's development of the NSDI.
(b) Each member agency shall ensure that its
representative on the FGDC holds a policy-level
position.
(c) Executive branch departments and agencies
(``agencies'') that have an interest in the development
of the NSDI are encouraged to join the FGDC.
(d) This Executive order is intended to strengthen
and enhance the general policies described in OMB
Circular No. A-16. Each agency shall meet its
respective responsibilities under OMB Circular No. A-
16.
(e) The FGDC shall seek to involve State, local,
and tribal governments in the development and
implementation of the initiatives contained in this
order. The FGDC shall utilize the expertise of
academia, the private sector, professional societies,
and others as necessary to aid in the development and
implementation of the objectives of this order.
Sec. 3. Development of a National Geospatial Data
Clearinghouse.
(a) Establishing a National Geospatial Data
Clearinghouse. The Secretary, through the FGDC, and in
consultation with, as appropriate, State, local, and
tribal governments and other affected parties, shall
take steps within 6 months of the date of this order,
to establish an electronic National Geospatial Data
Clearinghouse (``Clearinghouse'') for the NSDI. The
Clearinghouse shall be compatible with the National
Information Infrastructure to enable integration with
that effort.
(b) Standardized Documentation of Data. Beginning 9
months from the date of this order, each agency shall
document all new geospatial data it collects or
produces, either directly or indirectly, using the
standard under development by the FGDC, and make that
standardized documentation electronically accessible to
the Clearinghouse network. Within 1 year of the date of
this order, agencies shall adopt a schedule, developed
in consultation with the FGDC, for documenting, to the
extent practicable, geospatial data previously
collected or produced, either directly or indirectly,
and making that data documentation electronically
accessible to the Clearinghouse network.
(c) Public Access to Geospatial Data. Within 1 year
of the date of this order, each agency shall adopt a
plan, in consultation with the FGDC, establishing
procedures to make geospatial data available to the
public, to the extent permitted by law, current
policies, and relevant OMB circulars, including OMB
Circular No. A-130 (``Management of Federal Information
Resources'') and any implementing bulletins.
(d) Agency Utilization of the Clearinghouse. Within
1 year of the date of this order, each agency shall
adopt internal procedures to ensure that the agency
accesses the Clearinghouse before it expends Federal
funds to collect or produce new geospatial data, to
determine whether the information has already been
collected by others, or whether cooperative efforts to
obtain the data are possible.
(e) Funding. The Department of the Interior shall
provide funding for the Clearinghouse to cover the
initial prototype testing, standards development, and
monitoring of the performance of the Clearinghouse.
Agencies shall continue to fund their respective
programs that collect and produce geospatial data; such
data is then to be made part of the Clearinghouse for
wider accessibility.
Sec. 4. Data Standards Activities.
(a) General FGDC Responsibility. The FGDC shall
develop standards for implementing the NSDI, in
consultation and cooperation with State, local, and
tribal governments, the private and academic sectors,
and, to the extent feasible, the international
community, consistent with OMB Circular No. A-119
(``Federal Participation in the Development and Use of
Voluntary Standards''), and other applicable law and
policies.
(b) Standards for Which Agencies Have Specific
Responsibilities. Agencies assigned responsibilities
for data categories by OMB Circular No. A-16 shall
develop, through the FGDC, standards for those data
categories, so as to ensure that the data produced by
all agencies are compatible.
(c) Other Standards. The FGDC may from time to time
identify and develop, through its member agencies, and
to the extent permitted by law, other standards
necessary to achieve the objectives of this order. The
FGDC will promote the use of such standards and, as
appropriate, such standards shall be submitted to the
Department of Commerce for consideration as Federal
Information Processing Standards. Those standards shall
apply to geospatial data as defined in section 1 of
this order.
(d) Agency Adherence to Standards. Federal agencies
collecting or producing geospatial data, either
directly or indirectly (e.g. through grants,
partnerships, or contracts with other entities), shall
ensure, prior to obligating funds for such activities,
that data will be collected in a manner that meets all
relevant standards adopted through the FGDC process.
Sec. 5. National Digital Geospatial Data Framework.
In consultation with State, local, and tribal governments
and within 9 months of the date of this order, the FGDC shall
submit a plan and schedule to OMB for completing the initial
implementation of a national digital geospatial data framework
(``framework'') by January 2000 and for establishing a process
of ongoing data maintenance. The framework shall include
geospatial data that are significant, in the determination of
the FGDC, to a broad variety of users within any geographic
area or nationwide. At a minimum, the plan shall address how
the initial transportation, hydrology, and boundary elements of
the framework might be completed by January 1998 in order to
support the decennial census of 2000.
Sec. 6. Partnerships for Data Acquisition.
The Secretary, under the auspices of the FGDC, and within 9
months of the date of this order, shall develop, to the extent
permitted by law, strategies for maximizing cooperative
participatory efforts with State, local, and tribal
governments, the private sector, and other nonfederal
organizations to share costs and improve efficiencies of
acquiring geospatial data consistent with this order.
Sec. 7. Scope.
(a) For the purposes of this order, the term
``agency'' shall have the same meaning as the term
``Executive agency'' in 5 U.S.C. 105, and shall include
the military departments and components of the
Department of Defense.
(b) The following activities are exempt from
compliance with this order:
(i) national security-related activities of
the Department of Defense as determined by the
Secretary of Defense;
(ii) national defense-related activities of
the Department of Energy as determined by the
Secretary of Energy;
(iii) intelligence activities as determined
by the Director of Central Intelligence; and
(iv) the national security=related
activities of the Department of Homeland
Security as determined by the Secretary of
Homeland Security.
(c) The NSDI may involve the mapping, charting, and
geodesy activities of the Department of Defense
relating to foreign areas, as determined by the
Secretary of Defense.
(d) This order does not impose any requirements on
tribal governments.
(e) Nothing in the order shall be construed to
contravene the development of Federal Information
Processing Standards and Guidelines adopted and
promulgated under the provisions of section 111(d) of
the Federal Property and Administrative Services Act of
1949, as amended by the Computer Security Act of 1987
(Public Law 100-235), or any other United States law,
regulation, or international agreement.
Sec. 8. Judicial Review.
This order is intended only to improve the internal
management of the executive branch and is not intended to, and
does not, create any right to administrative or judicial
review, or any other right or benefit or trust responsibility,
substantive or procedural, enforceable by a party against the
United States, its agencies or instrumentalities, its officers
or employees, or any other person.
Executive Order 12919
National Defense Industrial Resources Preparedness
(As amended by EO 13286)
=======================================================================
Signed: June 3, 1994
Federal Register page and date: 59 FR 29525; June 7, 1994
Amends: EO 10789, November 14, 1958
EO 11790, June 25, 1974
Amended by: EO 13286, February 28, 2003
Revoked in part by: EO 13456, January 23, 2008
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Defense Production Act of 1950, as amended (64
Stat. 798; 50 U.S.C. App. 2061, et seq.), and section 301 of
title 3, United States Code, and as Commander in Chief of the
Armed Forces of the United States, it is hereby ordered as
follows:
PART I-PURPOSE, POLICY AND IMPLEMENTATION
Section 101. Purpose.
This order delegates authorities and addresses national
defense industrial resource policies and programs under the
Defense Production Act of 1950, as amended (``the Act''),
except for the amendments to Title III of the Act in the Energy
Security Act of 1980 and telecommunication authorities under
Executive Order No. 12472.
Sec. 102. Policy.
The United States must have an industrial and technology
base capable of meeting national defense requirements, and
capable of contributing to the technological superiority of its
defense equipment in peacetime and in times of national
emergency. The domestic industrial and technological base is
the foundation for national defense preparedness. The
authorities provided in the Act shall be used to strengthen
this base and to ensure it is capable of responding to all
threats to the national security of the United States.
Sec. 103. General Functions.
Federal departments and agencies responsible for defense
acquisition (or for industrial resources needed to support
defense acquisition) shall:
(a) Identify requirements for the full spectrum of
national security emergencies, including military,
industrial, and essential civilian demand;
(b) Assess continually the capability of the
domestic industrial and technological base to satisfy
requirements in peacetime and times of national
emergency, specifically evaluating the availability of
adequate industrial resource and production sources,
including subcontractors and suppliers, materials,
skilled labor, and professional and technical
personnel;
(c) Be prepared, in the event of a potential threat
to the security of the United States, to take actions
necessary to ensure the availability of adequate
industrial resources and production capability,
including services and critical technology for national
defense requirements;
(d) Improve the efficiency and responsiveness, to
defense requirements, of the domestic industrial base;
and
(e) Foster cooperation between the defense and
commercial sectors for research and development and for
acquisition of materials, components, and equipment to
enhance industrial base efficiency and responsiveness.
Sec. 104. Implementation.
(a) The National Security Council is the principal
forum for consideration and resolution of national
security resource preparedness policy.
(b) The Secretary of Homeland Security (``the
Secretary'') shall:
(1) Serve as an advisor to the National
Security Council on issues of national security
resource preparedness and on the use of the
authorities and functions delegated by this
order;
(2) Provide for the central coordination of
the plans and programs incident to authorities
and functions delegated under this order, and
provide guidance and procedures approved by the
Assistant to the President for National
Security Affairs to the Federal departments and
agencies under this order;
(3) Establish procedures, in consultation
with Federal departments and agencies assigned
functions under this order, to resolve in a
timely and effective manner conflicts and
issues that may arise in implementing the
authorities and functions delegated under this
order; and
(4) Report to the President periodically
concerning all program activities conducted
pursuant to this order.
(c) The head of every Federal department and agency
assigned functions under this order shall ensure that
the performance of these functions is consistent with
National Security Council policy and guidelines.
PART II-PRIORITIES AND ALLOCATIONS
Sec. 201. Delegations of Priorities and Allocations.
(a) The authority of the President conferred by
section 101 of the Act to require acceptance and
priority performance of contracts or orders (other than
contracts of employment) to promote the national
defense over performance of any other contracts or
orders, and to allocate materials, services, and
facilities as deemed necessary or appropriate to
promote the national defense, is delegated to the
following agency heads:
(1) The Secretary of Agriculture with
respect to food resources, food resource
facilities, and the domestic distribution of
farm equipment and commercial fertilizer;
(2) The Secretary of Energy with respect to
all forms of energy;
(3) The Secretary of Health and Human
Services with respect to health resources;
(4) The Secretary of Transportation with
respect to all forms of civil transportation;
(5) The Secretary of Defense with respect
to water resources; and
(6) The Secretary of Commerce for all other
materials, services, and facilities, including
construction materials.
(b) The Secretary of Commerce, in consultation with
the heads of those departments and agencies specified
in subsection 201(a) of this order, shall administer
the Defense Priorities and Allocations System
(``DPAS'') regulations that will be used to implement
the authority of the President conferred by section 101
of the Act as delegated to the Secretary of Commerce in
subsection 201(a)(6) of this order. The Secretary of
Commerce will redelegate to the Secretary of Defense,
and the heads of other departments and agencies as
appropriate, authority for the priority rating of
contracts and orders for all materials, services, and
facilities needed in support of programs approved under
section 202 of this order. The Secretary of Commerce
shall act as appropriate upon Special Priorities
Assistance requests in a time frame consistent with the
urgency of the need at hand.
(c) The Secretary, shall attempt to resolve issues
or disagreements on priorities or allocations between
Federal departments or agencies in a time frame
consistent with the urgency of the issue at hand and,
if not resolved, such issues will be referred to the
Assistant to the President for National Security
Affairs for final determination.
(d) The head of each Federal department or agency
assigned functions under subsection 201(a) of this
order, when necessary, shall make the finding required
under subsection 101(b) of the Act. This finding shall
be submitted for the President's approval through the
Assistant to the President for National Security
Affairs. Upon such approval the head of the Federal
department or agency that made the finding may use the
authority of subsection 101(a) of the Act to control
the general distribution of any material (including
applicable services) in the civilian market.
(e) The Assistant to the President for National
Security Affairs is hereby delegated the authority
under subsection 101(c)(3) of the Act, and will be
assisted by the Director, FEMA, in ensuring the
coordinated administration of the Act.
Sec. 202. Determinations. The authority delegated by section
201 of this order may be used only to support programs that
have been determined in writing as necessary or appropriate to
promote the national defense:
(a) By the Secretary of Defense with respect to
military production and construction, military
assistance to foreign nations, stockpiling, outer
space, and directly related activities;
(b) By the Secretary of Energy with respect to
energy production and construction, distribution and
use, and directly related activities; and (c) By the
Director, FEMA, with respect to essential civilian
needs supporting national defense, including civil
defense and continuity of government and directly
related activities.
Sec. 203. Maximizing Domestic Energy Supplies. The authority of
the President to perform the functions provided by subsection
101(c) of the Act is delegated to the Secretary of Commerce,
who shall redelegate to the Secretary of Energy the authority
to make the findings described in subsection 101(c)(2)(A) that
the materials (including equipment), services, and facilities
are critical and essential. The Secretary of Commerce shall
make the finding described in subsection 101(c)(2)(A) of the
Act that the materials (including equipment), services, or
facilities are scarce, and the finding described in subsection
101(c)(2)(B) that it is necessary to use the authority provided
by subsection 101(c)(1).
Sec. 204. Chemical and Biological Warfare. The authority of the
President conferred by subsection 104(b) of the Act is
delegated to the Secretary of Defense. This authority may not
be further delegated by the Secretary.
PART III-EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
Sec. 301.
(a) Financing Institution Guarantees. To expedite
or expand production and deliveries or services under
government contracts for the procurement of industrial
resources or critical technology items essential to the
national defense, the head of each Federal department
or agency engaged in procurement for the national
defense (referred to as ``agency head'' in this part)
and the President and Chairman of the Export-Import
Bank of the United States (in cases involving capacity
expansion, technological development, or production in
foreign countries) are authorized to guarantee in whole
or in part any public or private financing institution,
subject to provisions of section 301 of the Act.
Guarantees shall be made in consultation with the
Department of the Treasury as to the terms and
conditions thereof. The Director of the Office of
Management and Budget (``OMB'') shall be informed when
such guarantees are to be made.
(b) Direct Loan Guarantees. To expedite or expand
production and deliveries or services under government
contracts for the procurement of industrial resources
or critical technology items essential to the national
defense, each agency head is authorized to make direct
loan guarantees from funds appropriated to their agency
for Title III.
(c) Fiscal Agent. Each Federal Reserve Bank is
designated and authorized to act, on behalf of any
guaranteeing agency, as fiscal agent in the making of
guarantee contracts and in otherwise carrying out the
purposes of section 301 of the Act.
(d) Regulations. The Board of Governors of the
Federal Reserve System is authorized, after
consultation with heads of guaranteeing departments and
agencies, the Secretary of the Treasury, and the
Director, OMB, to prescribe regulations governing
procedures, forms, rates of interest, and fees for such
guarantee contracts.
Sec. 302. Loans.
(a) To expedite production and deliveries or
services to aid in carrying out government contracts
for the procurement of industrial resources or a
critical technology item for the national defense, an
agency head is authorized, subject to the provisions of
section 302 of the Act, to submit to the Secretary of
the Treasury or the President and Chairman of the
Export-Import Bank of the United States (in cases
involving capacity expansion, technological
development, or production in foreign countries)
applications for loans.
(b) To expedite or expand production and deliveries
or services under government contracts for the
procurement of industrial resources or critical
technology items essential to the national defense,
each agency head may make direct loans from funds
appropriated to their agency for Title III.
(c) After receiving a loan application and
determining that financial assistance is not otherwise
available on reasonable terms, the Secretary of the
Treasury or the President and Chairman of the Export-
Import Bank of the United States (in cases involving
capacity expansion, technological development, or
production in foreign countries) may make loans,
subject to provisions of section 302 of the Act.
Sec. 303. Purchase Commitments.
(a) In order to carry out the objectives of the
Act, and subject to the provisions of section 303
thereof, an agency head is authorized to make provision
for purchases of, or commitments to purchase, an
industrial resource or a critical technology item for
government use or resale.
(b) Materials acquired under section 303 of the Act
that exceed the needs of the programs under the Act may
be transferred to the National Defense Stockpile, if
such transfer is determined by the Secretary of Defense
as the National Defense Stockpile Manager to be in the
public interest.
Sec. 304. Subsidy Payments. In order to ensure the supply of
raw or nonprocessed materials from high-cost sources, an agency
head is authorized to make subsidy payments, after consultation
with the Secretary of the Treasury and the Director, OMB, and
subject to the provisions of section 303(c) of the Act.
Sec. 305. Determinations and Findings. When carrying out the
authorities in sections 301 through 303 of this order, an
agency head is authorized to make the required determinations,
judgments, statements, certifications, and findings, in
consultation with the Secretary of Defense, Secretary of Energy
or Director, FEMA, as appropriate. The agency head shall
provide a copy of the determination, judgment, statement,
certification, or finding to the Director, OMB, to the
Director, FEMA, and, when appropriate, to the Secretary of the
Treasury.
Sec. 306. Strategic and Critical Materials.
(a) The Secretary of the Interior, in consultation
with the Secretary of Defense as the National Defense
Stockpile Manager and subject to the provisions of
section 303 of the Act, is authorized to encourage the
exploration, development, and mining of critical and
strategic materials and other materials.
(b) An agency head is authorized, pursuant to
section 303(g) of the Act, to make provision for the
development of substitutes for strategic and critical
materials, critical components, critical technology
items, and other industrial resources to aid the
national defense.
(c) An agency head is authorized, pursuant to
section 303(a)(1)(B) of the Act, to make provisions to
encourage the exploration, development, and mining of
critical and strategic materials and other materials.
Sec. 307. Government-owned Equipment. An agency head is
authorized, pursuant to section 303(e) of the Act, to install
additional equipment, facilities, processes, or improvements to
facilities owned by the government and to install government-
owned equipment in industrial facilities owned by private
persons.
Sec. 308. Identification of Shortfalls. Except during periods
of national emergency or after a Presidential determination in
accordance with sections 301(e)(1)(D)(ii), 302(c)(4)(B), or
303(a)(7)(B) of the Act, no guarantee, loan or other action
pursuant to sections 301, 302, and 303 of the Act to correct an
industrial shortfall shall be taken unless the shortfall has
been identified in the Budget of the United States or
amendments thereto.
Sec. 309. Defense Production Act Fund Manager. The Secretary of
Defense is designated the Defense Production Act Fund Manager,
in accordance with section 304(f) of the Act, and shall carry
out the duties specified in that section, in consultation with
the agency heads having approved Title III projects and
appropriated Title III funds.
Sec. 310. Critical Items List.
(a) Pursuant to section 107(b)(1)(A) of the Act,
the Secretary of Defense shall identify critical
components and critical technology items for each item
on the Critical Items List of the Commandersin-Chief of
the Unified and Specified Commands and other items
within the inventory of weapon systems and defense
equipment.
(b) Each agency head shall take appropriate action
to ensure that critical components or critical
technology items are available from reliable sources
when needed to meet defense requirements during
peacetime, graduated mobilization, and national
emergency. ``Appropriate action'' may include
restricting contract solicitations to reliable sources,
estricting contract solicitations to domestic sources
(pursuant to statutory authority), stockpiling critical
components, and developing substitutes for critical
components or critical technology items.
Sec. 311. Strengthening Domestic Capability. An agency head, in
accordance with section 107(a) of the Act, may utilize the
authority of Title III of the Act or any other provision of
law, in consultation with the Secretary of Defense, to provide
appropriate incentives to develop, maintain, modernize, and
expand the productive capacities of domestic sources for
critical components, critical technology items, and industrial
resources essential for the execution of the national security
strategy of the United States.
Sec. 312. Modernization of Equipment. An agency head, in
accordance with section 108(b) of the Act, may utilize the
authority of Title III of the Act to guarantee the purchase or
lease of advance manufacturing equipment and any related
services with respect to any such equipment for purposes of the
Act.
PART IV-IMPACT OF OFFSETS
Sec. 401. Offsets.
(a) The responsibilities and authority conferred
upon the President by section 309 of the Act with
respect to offsets are delegated to the Secretary of
Commerce, who shall function as the President's
Executive Agent for carrying out this authority.
(b) The Secretary of Commerce shall prepare the
annual report required by section 309(a) of the Act in
consultation with the Secretaries of Defense, Treasury,
Labor, State, the United States Trade Representative,
the Arms Control and Disarmament Agency, the Director
of Central Intelligence, and the heads of other
departments and agencies as required. The heads of
Federal departments and agencies shall provide the
Secretary of Commerce with such information as may be
necessary for the effective performance of this
function.
(c) The offset report shall be subject to the
normal interagency clearance process conducted by the
Director, OMB, prior to the report's submission by the
President to Congress.
PART V-VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES
Sec. 501. Appointments. The authority of the President under
sections 708(c) and (d) of the Act is delegated to the heads of
each Federal department or agency, except that, insofar as that
authority relates to section 101 of the Act, it is delegated
only to the heads of each Federal department or agency assigned
functions under section 201(a) of this order. The authority
delegated under this section shall be exercised pursuant to the
provisions of section 708 of the Act, and copies and the status
of the use of such delegations shall be furnished to the
Director, FEMA.
Sec. 502. Advisory Committees. The authority of the President
under section 708(d) of the Act and delegated in section 501 of
this order (relating to establishment of advisory committees)
shall be exercised only after consultation with, and in
accordance with, guidelines and procedures established by the
Administrator of General Services.
PART VI-EMPLOYMENT OF PERSONNEL
Sec. 601. National Defense Executive Reserve.
(a) In accordance with section 710(e) of the Act,
there is established in the Executive Branch a National
Defense Executive Reserve (``NDER'') composed of
persons of recognized expertise from various segments
of the private sector and from government (except full-
time federal employees) for training for employment in
executive positions in the Federal Government in the
event of an emergency that requires such employment.
(b) The head of any department or agency may
establish a unit of the NDER in the department or
agency and train members of that unit.
(c) The head of each department or agency with an
NDER unit is authorized to exercise the President's
authority to employ civilian personnel in accordance
with section 703(a) of the Act when activating all or a
part of its NDER unit. The exercise of this authority
shall be subject to the provisions of subsections
601(d) and (e) of this order and shall not be
redelegated.
(d) The head of a department or agency may activate
an NDER unit, in whole or in part, upon the written
determination that an emergency affecting the national
security or defense preparedness of the United States
exists and that the activation of the unit is necessary
to carry out the emergency program functions of the
department or agency.
(e) At least 72 hours prior to activating the NDER
unit, the head of the department or agency shall
notify, in writing, the Assistant to the President for
National Security Affairs of the impending activation
and provide a copy of the determination required under
subsection 601(d) of this order.
(f) The Secretary shall coordinate the NDER program
activities of departments and agencies in establishing
units of the Reserve; provide for appropriate guidance
for recruitment, training, and activation; and issue
necessary rules and guidance in connection with the
program.
(g) This order suspends any delegated authority,
regulation, or other requirement or condition with
respect to the activation of any NDER unit, in whole or
in part, or appointment of any NDER member that is
inconsistent with the authorities delegated herein,
provided that the aforesaid suspension applies only as
long as sections 703(a) and 710(e) of the Act are in
effect.
Sec. 602. Consultants. The head of each department or agency
assigned functions under this order is delegated authority
under sections 710(b) and (c) of the Act to employ persons of
outstanding experience and ability without compensation and to
employ experts, consultants, or organizations. The authority
delegated by this section shall not be redelegated.
PART VII-LABOR SUPPLY
Sec. 701. Secretary of Labor. The Secretary of Labor,
identified in this section as the Secretary, shall:
(a) Collect, analyze, and maintain data needed to
make a continuing appraisal of the nation's labor
requirements and the supply of workers for purposes of
national defense. All agencies of the government shall
cooperate with the Secretary in furnishing information
necessary for this purpose, to the extent permitted by
law;
(b) In response to requests from the head of a
Federal department or agency engaged in the procurement
for national defense, consult with and advise that
department or agency with respect to
(1) the effect of contemplated actions on
labor supply and utilization,
(2) the relation of labor supply to
materials and facilities requirements, and
(3) such other matters as will assist in
making the exercise of priority and allocations
functions consistent with effective utilization
and distribution of labor;
(c) Formulate plans, programs, and policies for
meeting defense and essential civilian labor
requirements;
(d) Project skill shortages to facilitate meeting
defense and essential civilian needs and establish
training programs;
(e) Determine the occupations and skills critical
to meeting the labor requirements of defense and
essential civilian activities and, with the assistance
of the Secretary of Defense, the Director of Selective
Service, and such other persons as the Director, FEMA,
may designate, develop policies regulating the
induction and deferment of personnel for the armed
services, except for civilian personnel in the
reserves; and
(f) Administer an effective labor-management
relations policy to support the activities and programs
under this order with the cooperation of other Federal
agencies, including the National Labor Relations Board
and the Federal Mediation and Conciliation Service.
PART VIII-DEFENSE INDUSTRIAL BASE INFORMATION AND REPORTS
[REVOKED
Sec. 801. Foreign Acquisition of Companies. The Secretary of
the Treasury, in cooperation with the Department of State, the
Department of Defense, the Department of Commerce, the
Department of Energy, the Department of Agriculture, the
Attorney General, the Department of Homeland Security, and the
Director of Central Intelligence, shall complete and furnish a
report to the President and then to Congress in accordance with
the requirements of section 721(k) of the Act concerning
foreign efforts to acquire United States companies involved in
research, development, or production of critical technologies
and industrial espionage activities directed by foreign
governments against private U.S. companies.]
Sec. 802. Defense Industrial Base Information System.
(a) The Secretary of Defense and the heads of other
appropriate Federal departments and agencies, as
determined by the Secretary of Defense, shall establish
an information system on the domestic defense
industrial base in accordance with the requirements of
section 722 of the Act.
(b) In establishing the information system required
by subsection (a) of this order, the Secretary of
Defense, the Secretary of Commerce, and the heads of
other appropriate Federal departments and agencies, as
determined by the Secretary of Defense in consultation
with the Secretary of Commerce, shall consult with each
other for the purposes of performing the duties listed
in section 722(d)(1) of the Act.
(c) The Secretary of Defense shall convene a task
force consisting of the Secretary of Commerce and the
Secretary of each military department and the heads of
other appropriate Federal departments and agencies, as
determined by the Secretary of Defense in consultation
with the Secretary of Commerce, to carry out the duties
under section 722(d)(2) of the Act.
(d) The Secretary of Defense shall report to
Congress on a strategic plan for developing a cost-
effective, comprehensive information system capable of
identifying on a timely, ongoing basis vulnerability in
critical components and critical technology items. The
plans shall include an assessment of the performance
and cost-effectiveness of procedures specified in
section 722(b) of the Act.
(e) The Secretary of Commerce, acting through the
Bureau of the Census, shall consult with the Secretary
of Defense and the Director, FEMA, to improve the
usefulness of information derived from the Census of
Manufacturers in carrying out section 722 of the Act.
(f) The Secretary of Defense shall perform an
analysis of the production base for not more than two
major weapons systems of each military department in
establishing the information system under section 722
of the Act. Each analysis shall identify the critical
components of each system.
(g) The Secretary of Defense, in consultation with
the Secretary of Commerce, and the heads of other
Federal departments and agencies as appropriate, shall
issue a biennial report on critical components and
technology in accordance with section 722(e) of the
Act.
PART IX-GENERAL PROVISIONS
Sec. 901. Definitions.
In addition to the definitions in section 702 of the Act,
the following definitions apply throughout this order:
(a) ``Civil transportation'' includes movement of
persons and property by all modes of transportation in
interstate, intrastate, or foreign commerce within the
United States, its territories and possessions, and the
District of Columbia, and, without limitation, related
public storage and warehousing, ports, services,
equipment and facilities, such as transportation
carrier shop and repair facilities. However, ``civil
transportation'' shall not include transportation owned
or controlled by the Department of Defense, use of
petroleum and gas pipelines, and coal slurry pipelines
used only to supply energy production facilities
directly. As applied herein, ``civil transportation''
shall include direction, control, and coordination of
civil transportation capacity regardless of ownership.
(b) ``Energy'' means all forms of energy including
petroleum, gas (both natural and manufactured),
electricity, solid fuels (including all forms of coal,
coke, coal chemicals, coal liquification, and coal
gasification), and atomic energy, and the production,
conservation, use, control, and distribution (including
pipelines) of all of these forms of energy.
(c) ``Farm equipment'' means equipment, machinery,
and repair parts manufactured for use on farms in
connection with the production or preparation for
market use of food resources.
(d) ``Fertilizer'' means any product or combination
of products that contain one or more of the elements-
nitrogen, phosphorus, and potassium-for use as a plant
nutrient.
(e) ``Food resources'' means all commodities and
products, simple, mixed, or compound, or complements to
such commodities or products, that are capable of being
ingested by either human beings or animals,
irrespective of other uses to which such commodities or
products may be put, at all stages of processing from
the raw commodity to the products thereof in vendible
form for human or animal consumption. ``Food
resources'' also means all starches, sugars, vegetable
and animal or marine fats and oils, cotton, tobacco,
wool, mohair, hemp, flax fiber, and naval stores, but
does not mean any such material after it loses its
identity as an agricultural commodity or agricultural
product.
(f) ``Food resource facilities'' means plants,
machinery, vehicles (including on-farm), and other
facilities required for the production, processing,
distribution, and storage (including cold storage) of
food resources, livestock and poultry feed and seed,
and for the domestic distribution of farm equipment and
fertilizer (excluding transportation thereof).
(g) ``Functions'' include powers, duties,
authority, responsibilities, and discretion.
(h) ``Head of each Federal department or agency
engaged in procurement for the national defense'' means
the heads of the Departments of Defense, Energy, and
Commerce, as well as those departments and agencies
listed in Executive Order No. 10789.
(i) ``Heads of other appropriate Federal
departments and agencies'' as used in part VIII of this
order means the heads of such other Federal agencies
and departments that acquire information or need
information with respect to making any determination to
exercise any authority under the Act.
(j) ``Health resources'' means materials,
facilities, health supplies, and equipment (including
pharmaceutical, blood collecting and dispensing
supplies, biological, surgical textiles, and emergency
surgical instruments and supplies) required to prevent
the impairment of, improve, or restore the physical and
mental health conditions of the population.
(k) ``Metals and minerals'' means all raw materials
of mineral origin (excluding energy) including their
refining, smelting, or processing, but excluding their
fabrication.
(l) ``Strategic and Critical Materials'' means
materials (including energy) that
(1) would be needed to supply the military,
industrial, and essential civilian needs of the
United States during a national security
emergency, and
(2) are not found or produced in the United
States in sufficient quantities to meet such
need and are vulnerable to the termination or
reduction of the availability of the material.
((m) ``Water resources'' means all usable water,
from all sources, within the jurisdiction of the United
States, which can be managed, controlled, and allocated
to meet emergency requirements.
Sec. 902. General.
((a) Except as otherwise provided in subsection
902(c) of this order, the authorities vested in the
President by title VII of the Act may be exercised and
performed by the head of each department and agency in
carrying out the delegated authorities under the Act
and this order.
((b) The authorities which may be exercised and
performed pursuant to subsection 902(a) of this order
shall include
(1) the power to redelegate authorities,
and to authorize the successive redelegation of
authorities, to departments and agencies,
officers, and employees of the government, and
(2) the power of subpoena with respect to
authorities delegated in parts II, III, and IV
of this order, provided that the subpoena power
shall be utilized only after the scope and
purpose of the investigation, inspection, or
inquiry to which the subpoena relates have been
defined either by the appropriate officer
identified in subsection 902(a) of this order
or by such other person or persons as the
officer shall designate.
((c) Excluded from the authorities delegated by
subsection 902(a) of this order are authorities
delegated by parts V, VI, and VIII of this order and
the authority with respect to fixing compensation under
section 703(a) of the Act.
Sec. 903. Authority.
All previously issued orders, regulations, rulings,
certificates, directives, and other actions relating to any
function affected by this order shall remain in effect except
as they are inconsistent with this order or are subsequently
amended or revoked under proper authority. Nothing in this
order shall affect the validity or force of anything done under
previous delegations or other assignment of authority under the
Act.
Sec. 904. Effect on other Orders.
((a) The following are superseded or revoked:
(1) Section 3, Executive Order No. 8248 of
September 8, 1939, (4 FR 3864).
(2) Executive Order No. 10222 of March 8,
1951 (16 FR 2247).
(3) Executive Order No. 10480 of August 14,
1953 (18 FR 4939).
(4) Executive Order No. 10647 of November
28, 1955 (20 FR 8769).
(5) Executive Order No. 11179 of September
22, 1964 (29 FR 13239).
(6) Executive Order No. 11355 of May 26,
1967 (32 FR 7803).
(7) Sections 7 and 8, Executive Order No.
11912 of April 13, (41 FR 15825, 15826-27).
(8) Section 3, Executive Order No. 12148 of
July 20, 1979, (44 FR 43239, 43241).
(9) Executive Order No. 12521 of June 24,
1985 (50 FR 26335).
(10) Executive Order No. 12649 of August
11, 1988 (53 FR 30639).
(11) Executive Order No. 12773 of September
26, 1991 (56 FR 49387), except that part of the
order that amends section 604 of Executive
Order 10480.
(b) Executive Order No. 10789 of November 14, 1958,
is amended by deleting ``and in view of the existing
national emergency declared by Proclamation No. 2914 of
December 16, 1950,'' as it appears in the first
sentence.
(c) Executive Order No. 11790, as amended, relating
to the Federal Energy Administration Act of 1974, is
amended by deleting ``Executive Order No. 10480'' where
it appears in section 4 and substituting this order's
number.
(d) Subject to subsection 904(c) of this order, to
the extent that any provision of any prior Executive
order is inconsistent with the provisions of this
order, this order shall control and such prior
provision is amended accordingly.
Sec. 905. Judicial Review.
This order is not intended to create any right or benefit,
substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any
person.
Executive Order 12941
Seismic Safety of Existing Federally Owned or Leased Building
=======================================================================
Signed: December 1, 1994
Federal Register page and date: 59 FR 62545; December 5, 1994
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in furtherance of the Earthquake Hazards Reduction Act of 1977,
as amended by Public Law 101-614, which requires the President
to adopt ``standards for assessing and enhancing the seismic
safety of existing buildings constructed for or leased by the
Federal Government which were designed and constructed without
adequate seismic design and construction standards'' (42 U.S.C.
7705b(a)), it is hereby ordered as follows:
Section 1. Adoption of Minimum Standards. The Standards of
Seismic Safety for Existing Federally Owned or Leased Buildings
(Standards), developed, issued, and maintained by the
Interagency Committee on Seismic Safety in Construction
(ICSSC), are hereby adopted as the minimum level acceptable for
use by Federal departments and agencies in assessing the
seismic safety of their owned and leased buildings and in
mitigating unacceptable seismic risks in those buildings. The
Standards shall be applied, at a minimum, to those buildings
identified in the Standards as requiring evaluation and, if
necessary, mitigation. Evaluations and mitigations that were
completed prior to the date of this order under agency programs
that were based on standards deemed adequate and appropriate by
the individual agency need not be reconsidered unless otherwise
stipulated by the Standards. For the purposes of this order,
buildings are defined as any structure, fully or partially
enclosed, located within the United States as defined in the
Earthquake Hazards Reduction Act of 1977, as amended, (42
U.S.C. 7703(5)), used or intended for sheltering persons or
property, except for the exclusions specified in the Standards.
Sec. 2. Estimating Costs of Mitigation. Each agency that owns
or leases buildings for Federal use shall, within 4 years of
the issuance of this order, develop an inventory of their owned
and leased buildings and shall estimate the costs of mitigating
unacceptable seismic risks in those buildings. The cost
estimate shall be based on the exemptions and evaluation and
mitigation requirements in the Standards. Guidance for the
development of the inventory and cost estimates will be issued
by the ICSSC no later than 1 year after the signing of this
order. Cost estimates with supporting documentation shall be
submitted to the Director of the Federal Emergency Management
Agency (FEMA) no later than 4 years after the signing of this
order.
Sec. 3. Implementation Responsibilities.
(a) The Federal Emergency Management Agency is
responsible for
(1) notifying all Federal departments and
agencies of the existence and content of this
order;
(2) preparing for the Congress, in
consultation with the ICSSC, no later than 6
years after the issuance of this order, a
comprehensive report on how to achieve an
adequate level of seismic safety in federally
owned and leased buildings in an economically
feasible manner; and (3) preparing for the
Congress on a biennial basis, a report on the
execution of this order.
(b) The National Institute of Standards and
Technology is responsible for providing technical
assistance to the Federal departments and agencies in
the implementation of this order.
(c) Federal departments and agencies may request an
exemption from this order from the Director of the
Office of Management and Budget.
Sec. 4. Updating Programs. The ICSSC shall update the Standards
at least every 5 years. It shall also update the Standards
within 2 years of the publication of the first edition of
FEMA's Guidelines for Seismic Rehabilitation of Buildings and
Commentary.
Sec. 5. Judicial Review. Nothing in this order is intended to
create any right to administrative or judicial review, or any
other right, benefit, or trust responsibility, substantive or
procedural, enforceable at law by any party against the United
States, its agencies or instrumentalities, its officers or
employees, or any person.
Executive Order 12949
Foreign Intelligence Physical Searches
(As amended by EO 13383)
=======================================================================
Signed: February 9, 1995
Federal Register page and date: 60 FR 8169; February 13, 1995
Amended by: EO 13475, October 7, 2008
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States, including
sections 302 and 303 of the Foreign Intelligence Surveillance
Act of 1978 (``Act'') (50 U.S.C. 1801, et seq.), as amended by
Public Law 103-359, and in order to provide for the
authorization of physical searches for foreign intelligence
purposes as set forth in the Act, it is hereby ordered as
follows:
Section 1. Pursuant to section 302(a)(1) of the Act, the
Attorney General is authorized to approve physical searches,
without a court order, to acquire Foreign intelligence
information for periods of up to one year, if the Attorney
General makes the certifications required by that section.
Sec. 2. Pursuant to section 302(b) of the Act, the Attorney
General is authorized to approve applications to the Foreign
Intelligence Surveillance Court under section 303 of the Act to
obtain orders for physical searches for the purpose of
collecting foreign intelligence information.
Sec. 3. Pursuant to section 303(a)(7) of the Act, the following
officials, each of whom is employed in the area of national
security or defense, is designated to make the certifications
required by section 303(a)(7) of the Act in support of
applications to conduct physical searches:
(a) Secretary of State;
(b) Secretary of Defense;
(c) Director of National Intelligence;
(d) Director of the Federal Bureau of Investigation;
(e) Deputy Secretary of State;
(f) Deputy Secretary of Defense;
(g) Director of Central Intelligence Agency; and
(h) Principal Deputy Director of National Intelligence.
None of the above officials, nor anyone officially acting
in that capacity, may exercise the authority to make the above
certifications, unless that official has been appointed by the
President, by and with the advice and consent of the Senate.
Executive Order 12977
Interagency Security Committee
(As amended by EO 13286)
=======================================================================
Signed: October 19, 1995
Federal Register page and date: 60 FR 54411; October 24, 1995
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to enhance the quality and effectiveness of security
in and protection of buildings and facilities in the United
States occupied by Federal employees for nonmilitary activities
(``Federal facilities''), and to provide a permanent body to
address continuing government-wide security for Federal
facilities, it is hereby ordered as follows:
Section 1. Establishment. There is hereby established within
the executive branch the Interagency Security Committee
(``Committee''). The Committee shall consist of:
(a) the Secretary of Homeland Security
(``Secretary'');
(b) representatives from the following agencies,
appointed by the agency heads:
(1) Department of State;
(2) Department of the Treasury;
(3) Department of Defense;
(4) Department of Justice;
(5) Department of the Interior;
(6) Department of Agriculture;
(7) Department of Commerce;
(8) Department of Labor;
(9) Department of Health and Human
Services;
(10) Department of Housing and Urban
Development;
(11) Department of Transportation;
(12) Department of Energy;
(13) Department of Education;
(14) Department of Veterans Affairs;
(15) Environmental Protection Agency;
(16) Central Intelligence Agency;
(17) Office of Management and Budget; and
(18) General Services Administration;
(c) the following individuals or their designees:
(1) the Director, United States Marshals
Service;
(2) the Assistant to the President for
National Security Affairs; and
(3) the Director, Security Policy Board;
and
(d) such other Federal employees as the President
shall appoint.
Sec. 2. Chair. The Committee shall be chaired by the Secretary,
or the designee of the Secretary.
Sec. 3. Working Groups. The Committee is authorized to
establish interagency working groups to perform such tasks as
may be directed by the Committee.
Sec. 4. Consultation. The Committee may consult with other
parties, including the Administrative Office of the United
States Courts, to perform its responsibilities under this
order, and, at the discretion of the Committee, such other
parties may participate in the working groups.
Sec. 5. Duties and Responsibilities.
(a) The Committee shall:
(1) establish policies for security in and
protection of Federal facilities;
(2) develop and evaluate security standards
for Federal facilities, develop a strategy for
ensuring compliance with such standards, and
oversee the implementation of appropriate
security measures in Federal facilities; and
(3) take such actions as may be necessary
to enhance the quality and effectiveness of
security and protection of Federal facilities,
including but not limited to:
(A) encouraging agencies with security
responsibilities to share securityrelated
intelligence in a timely and cooperative
manner;
(B) assessing technology and information
systems as a means of providing cost-effective
improvements to security in Federal facilities;
(C) developing long-term construction
standards for those locations with threat
levels or missions that require blast resistant
structures or other specialized security
requirements;
(D) evaluating standards for the location
of, and special security related to, day care
centers in Federal facilities; and
(E) assisting the Secretary in developing
and maintaining a centralized security data
base of all Federal facilities.
Sec. 6. Agency Support and Cooperation.
(a) Administrative Support. To the extent permitted
by law and subject to the availability of
appropriations, the Secretary, acting by and through
the Assistant Commissioner, shall provide the Committee
such administrative services, funds, facilities, staff
and other support services as may be necessary for the
performance of its functions under this order.
(b) Cooperation. Each executive agency and
department shall cooperate and comply with the policies
and recommendations of the Committee issued pursuant to
this order, except where the Director of Central
Intelligence determines that compliance would
jeopardize intelligence sources and methods. To the
extent permitted by law and subject to the availability
of appropriations, executive agencies and departments
shall provide such support as may be necessary to
enable the Committee to perform its duties and
responsibilities under this order.
(c) Compliance. The Secretary shall be responsible
for monitoring Federal agency compliance with the
policies and recommendations of the Committee.
Sec. 7. Judicial Review.
This order is intended only to improve the internal
management of the Federal Government, and is not intended, and
should not be construed, to create any right or benefit,
substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or its
employees.
Executive Order 12978
Blocking Assets and Prohibiting Transactions With Significant
Narcotics Traffickers
(As amended by EO 13383, EO 13475)
=======================================================================
Signed: October 21, 1995
Federal Register page and date: 60 FR 54579; October 24, 1995
Amends: EO 12036, January 24, 1978
Amended by: EO 13286, 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 International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code,
I, William J. Clinton, President of the United States of
America, find that the actions of significant foreign narcotics
traffickers centered in Colombia, and the unparalleled
violence, corruption, and harm that they cause in the United
States and abroad, constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of
the United States, and hereby declare a national emergency to
deal with that threat.
Section 1. Except to the extent provided in section 203(b) of
IEEPA (50 U.S.C. 1702(b)) and in regulations, orders,
directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date, I hereby
order blocked all property and interests in property that are
or hereafter come within the United States, or that are or
hereafter come within the possession or control of United
States persons, of:
(a) the foreign persons listed in the Annex to this
order;
(b) foreign persons determined by the Secretary of
the Treasury, in consultation with the Attorney
General, the Secretary of Homeland Security, and the
Secretary of State:
(i) to play a significant role in
international narcotics trafficking centered in
Colombia; or
(ii) materially to assist in, or provide
financial or technological support for or goods
or services in support of, the narcotics
trafficking activities of persons designated in
or pursuant to this order; and
(c) persons determined by the Secretary of the
Treasury, in consultation with the Attorney General,
the Secretary of Homeland Security, and the Secretary
of State, to be owned or controlled by, or to act for
or on behalf of, persons designated in or pursuant to
this order.
Sec. 2. Further, except to the extent provided in section
203(b) of IEEPA and in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or
permit granted prior to the effective date, I hereby prohibit
the following:
(a) any transaction or dealing by United States
persons or within the United States in property or
interests in property of the persons designated in or
pursuant to this order;
(b) any transaction by any United States person or
within the United States that evades or avoids, or has
the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this
order.
Sec. 3. For the purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, corporation, or other organization, group
or subgroup;
(c) the term ``United States person'' means any
United States citizen or national, permanent resident
alien, entity organized under the laws of the United
States (including foreign branches), or any person in
the United States:
(d) the term ``foreign person'' means any citizen
or national of a foreign state (including any such
individual who is also a citizen or national of the
United States) or any entity not organized solely under
the laws of the United States or existing solely in the
United States, but does not include a foreign state;
and
(e) the term ``narcotics trafficking'' means any
activity undertaken illicitly to cultivate, produce,
manufacture, distribute, sell, finance or transport, or
otherwise assist, abet, conspire, or collude with
others in illicit activities relating to, narcotic
drugs, including, but not limited to, cocaine.
Sec. 4. The Secretary of the Treasury, in consultation with the
Attorney General, the Secretary of Homeland Security, and the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to
employ all powers granted to the President by IEEPA as may be
necessary to carry out this order. The Secretary of the
Treasury may redelegate any of these functions to other
officers and agencies of the United States Government. All
agencies of the United States Government are hereby directed to
take all appropriate measures within their authority to carry
out this order.
Sec. 5. Nothing contained in this order shall create any right
or benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
Sec. 6.
(a) This order is effective at 12:01 a.m. Eastern
Daylight Time on October 22, 1995.
(b) This order shall be transmitted to the Congress
and published in the Federal Register.
Executive Order 12982
Ordering the Selected Reserve of the Armed Forces to Active
Duty
(As amended by EO 13286)
=======================================================================
Signed: December 8, 1995
Federal Register page and date: 60 FR 63895; December 12, 1995
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 121 and 12304 of title 10, United States
Code, I hereby determine that it is necessary to augment the
active armed forces of the United States for the effective
conduct of operations in and around former Yugoslavia. Further,
under the stated authority, I hereby authorize the Secretary of
Defense, and the Secretary of Homeland Security with respect to
the Coast Guard when it is not operating as a service in the
Department of the Navy, to order to active duty any units, and
any individual members not assigned to a unit organized to
serve as a unit, of the Selected Reserve.
This order is intended only to improve the internal
management of the executive branch and is not intended to
create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
This order shall be published in the Federal Register and
transmitted to the Congress
Executive Order 12985
Establishing the Armed Forces Service Medal
(As amended by EO 13286)
=======================================================================
Signed: January 11, 1996
Federal Register page and date: 61 FR 1209; January 18, 1996
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including my authority as Commander in Chief of the Armed
Forces of the United States, it is hereby ordered as follows:
Section 1. Establishment. There is hereby established the Armed
Forces Service Medal with accompanying ribbons and
appurtenances, for award to members of the Armed Forces of the
United States who, on or after June 1, 1992, in the opinion of
the Joint Chiefs of Staff:
(a) Participate, or have participated, as members
of United States military units in a United States
military operation in which personnel of any Armed
Force participate that is deemed to be significant
activity; and
(b) Encounter no foreign armed opposition or
imminent hostile action.
Sec. 2. Approval and Award. The medal, with ribbons and
appurtenances, shall be of an appropriate design approved by
the Secretary of Defense and shall be awarded by the Secretary
of Defense and the Secretary of Homeland Security with respect
to the Coast Guard when it is not operating as a service in the
Navy, under uniform regulations, as prescribed by the Secretary
of Defense. The regulations shall place the Armed Forces
Service Medal in an order of precedence immediately before the
Humanitarian Service Medal.
Sec. 3. Criteria. The medal shall be awarded only for
operations for which no other United States service medal is
approved. For operations in which personnel of only one
Military Department or the Coast Guard participate, the medal
shall be awarded only if there is no other suitable award
available to the department or the Coast Guard. No more than
one medal shall be awarded to any one person, but for each
succeeding operation justifying such award a suitable device
may be awarded to be worn on the medal or ribbon as prescribed
by appropriate regulations.
Sec. 4. Posthumous Provision.
The medal may be awarded posthumously and, when so awarded,
may be presented to such representative of the deceased as may
be deemed appropriate by the Secretary of Defense or the
Secretary of Transportation.
Executive Order 12989
Economy and Efficiency in Government Procurement Through
Compliance with Certain Immigration and Nationality Act
Provisions and Use of an Electronic Employment Eligibility
Verification System
(As amended by EO 13286, EO 13465)
=======================================================================
Signed: February 13, 1996
Federal Register page and date: 61 FR 6091; February 15, 1996
Amended by: EO 13286, February 28, 2003
EO 13465, June 6, 2008
=======================================================================
This order is designed to promote economy and efficiency in
Federal Government procurement. Stability and dependability are
important elements of economy and efficiency. A contractor
whose workforce is less stable will be less likely to produce
goods and services economically and efficiently than a
contractor whose workforce is more stable. It is the policy of
the executive branch to enforce fully the immigration laws of
the United States, including the detection and removal of
illegal aliens and the imposition of legal sanctions against
employers that hire illegal aliens. Because of the worksite
enforcement policy of the United States and the underlying
obligation of the executive branch to enforce the immigration
laws, contractors that employ illegal aliens cannot rely on the
continuing availability and service of those illegal workers,
and such contractors inevitably will have a less stable and
less dependable workforce than contractors that do not employ
such persons. Where a contractor assigns illegal aliens to work
on Federal contracts, the enforcement of Federal immigration
laws imposes a direct risk of disruption, delay, and increased
expense in Federal contracting. Such contractors are less
dependable procurement sources, even if they do not knowingly
hire or knowingly continue to employ unauthorized workers.
Contractors that adopt rigorous employment eligibility
confirmation policies are much less likely to face immigration
enforcement actions, because they are less likely to employ
unauthorized workers, and they are therefore generally more
efficient and dependable procurement sources than contractors
that do not employ the best available measures to verify the
work eligibility of their workforce. It is the policy of the
executive branch to use an electronic employment verification
system because, among other reasons, it provides the best
available means to confirm the identity and work eligibility of
all employees that join the Federal workforce. Private
employers that choose to contract with the Federal Government
should meet the same standard.
I find, therefore, that adherence to the general policy of
contracting only with providers that do not knowingly employ
unauthorized alien workers and that have agreed to utilize an
electronic employment verification system designated by the
Secretary of Homeland Security to confirm the employment
eligibility of their workforce will promote economy and
efficiency in Federal procurement.
NOW, THEREFORE, to ensure the economical and efficient
administration and completion of Federal Government contracts,
and by the authority vested in me as President by the
Constitution and the laws of the United States of America,
including subsection 121(a) of title 40 and section 301 of
title 3, United States Code, it is hereby ordered as follows:
Section 1.
(a) It is the policy of the executive branch in
procuring goods and services that, to ensure the
economical and efficient administration and completion
of Federal Government contracts, contracting agencies
should not contract with employers that have not
complied with section 274A(a)(1)(A) and 274A(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1324a(a)(1)(A), 1324a(a)(2)) (the ``INA employment
provisions'') prohibiting the unlawful employment of
aliens.
(b) It is the policy of the executive branch in
procuring goods and services that, to ensure the
economical and efficient administration and completion
of Federal Government contracts, contracting agencies
may not enter into contracts with employers that do not
use the best available means to confirm the work
authorization of their workforce.
(c) It is the policy of the executive branch to
enforce fully the antidiscrimination provisions of the
INA. Nothing in this order relieves employers of
antidiscrimination obligations under section 274B of
the INA (8 U.S.C. 1324b) or any other law.
(d) All discretion under this order shall be
exercised consistent with the policies set forth in
this section.
Sec. 2. Contractor, as used in this Executive order, shall have
the same meaning as defined in subpart 9.4 of the Federal
Acquisition Regulation.
Sec. 3. Using the procedures established pursuant to 8 U.S.C.
1324a(e)
(a) the Secretary of Homeland Security may
investigate to determine whether a contractor or an
organizational unit thereof is not in compliance with
the INA employment provisions;
(b) the Secretary of Homeland Security shall
receive and may investigate complaints by employees of
any entity covered under section 3(a) of this order
where such complaints allege noncompliance with the INA
employment provisions; and
(c) the Attorney General shall hold such hearings
as are required under 8 U.S.C. 1324a(e) to determine
whether an entity covered under section 3(a) is not in
compliance with the INA employment provisions.
Sec. 4.
(a) Whenever the Secretary of Homeland Security or
the Attorney General determines that a contractor or an
organizational unit thereof is not in compliance with
the INA employment provisions, the Secretary of
Homeland Security or the Attorney General shall
transmit that determination to the appropriate
contracting agency and such other Federal agencies as
the Secretary of Homeland Security or the Attorney
General may determine. Upon receipt of such
determination from the Secretary of Homeland Security
or the Attorney General, the head of the appropriate
contracting agency shall consider the contractor or an
organizational unit thereof for debarment as well as
for such other action as may be appropriate in
accordance with the procedures and standards prescribed
by the Federal Acquisition Regulation.
(b) The head of the contracting agency may debar
the contractor or an organizational unit thereof based
on the determination of the Attorney General that it is
not in compliance with the INA employment provisions.
Such determination shall not be reviewable in the
debarment proceedings.
(c) The scope of the debarment generally should be
limited to those organizational units of a Federal
contractor that the Attorney General finds are not in
compliance with the INA employment provisions.
(d) The period of the debarment shall be for 1 year
and may be extended for additional periods of 1 year
if, using the procedures established pursuant to 8
U.S.C. 1324a(e), the Secretary of Homeland Security or
the Attorney General determines that the organizational
unit of the Federal contractor continues to be in
violation of the INA employment provisions.
(e) The Administrator of General Services shall
list a debarred contractor or an organizational unit
thereof on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs and the
contractor or an organizational unit thereof shall be
ineligible to participate in any procurement or
nonprocurement activities.
Sec. 5.
(a) Executive departments and agencies that enter
into contracts shall require, as a condition of each
contract, that the contractor agree to use an
electronic employment eligibility verification system
designated by the Secretary of Homeland Security to
verify the employment eligibility of:
(i) all persons hired during the contract
term by the contractor to perform employment
duties within the United States; and
(ii) all persons assigned by the contractor
to perform work within the United States on the
Federal contract.
(b) the Secretary of Homeland Security:
(i) shall administer, maintain, and modify
as necessary and appropriate the electronic
employment eligibility verification system
designated by the Secretary under subsection
(a) of this section; and
(ii) may establish with respect to such
electronic employment verification system:
(A) terms and conditions for use of
the system; and
(B) procedures for monitoring the
use, failure to use, or improper use of
the system.
(c) The Secretary of Defense, the Administrator of
General Services, and the Administrator of the National
Aeronautics and Space Administration shall amend the
Federal Acquisition Regulation to the extent necessary
and appropriate to implement the debarment
responsibility, the employment eligibility verification
responsibility, and other related responsibilities
assigned to heads of departments and agencies under
this order.
(d) Except to the extent otherwise specified by law
or this order, the Secretary of Homeland Security and
the Attorney General:
(i) shall administer and enforce this
order; and
(ii) may, after consultation to the extent
appropriate with the Secretary of Defense, the
Secretary of Labor, the Administrator of
General Services, the Administrator of the
National Aeronautics and Space Administration,
the Administrator for Federal Procurement
Policy, and the heads of such other departments
or agencies as may be appropriate, issue such
rules, regulations, or orders, or establish
such requirements, as may be necessary and
appropriate to implement this order.
Sec. 6. Each contracting department and agency shall cooperate
with and provide such information and assistance to the
Secretary of Homeland Security or the Attorney General as may
be required in the performance of their respective functions
under this order.
Sec. 7. The Secretary of Homeland Security or the Attorney
General, the Secretary of Defense, the Administrator of General
Services, the Administrator of the National Aeronautics and
Space Administration, and the heads of contracting departments
and agencies may delegate any of their functions or duties
under this order to any officer or employee of their respective
departments or agencies.
Sec. 8.
(a) This order shall be implemented in a manner
intended to minimize the burden on participants in the
Federal procurement process.
(b) This order shall be implemented in a manner
consistent with the protection of intelligence and law
enforcement sources, methods, and activities from
unauthorized disclosure.
Sec. 9.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to a
department or agency or the head thereof; or
(ii) functions of the Director of the
Office of Management and Budget relating to
budget, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its departments, agencies or
entities, its officers, employees, or agents, or any
other person.
Executive Order 12992
President's Drug Policy Council
(As amended by EO 13023, EO 13284)
=======================================================================
Signed: March 15, 1996
Federal Register page and date: 61 FR 11287; March 19, 1996
Amended by: EO 13023, November 6, 1996
EO 13284, January 23, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 301 of title 3, United States Code, it is
hereby ordered as follows:
Section 1. Establishment. There is established the President's
Drug PolicyCouncil (``Council'').
Sec. 2. Membership.
The Council shall comprise the:
(a) President, who shall serve as Chairman of the
Council;
(b) Vice President;
(c) Secretary of State;
(d) Secretary of the Treasury;
(e) Secretary of Defense;
(f) Attorney General;
(g) Secretary of the Interior;
(h) Secretary of Agriculture;
(i) Secretary of Health and Human Services;
(j) Secretary of Housing and Urban Development;
(k) Secretary of Transportation;
(l) Secretary of Education;
(m) Secretary of Veterans Affairs;
(n) Secretary of Homeland Security;
(o) Representative of the United States of America
to the United Nations;
(p) Director of the Office of Management and
Budget;
(q) Chief of Staff to the President;
(r) Director of National Drug Control Policy;
(s) Director of Central Intelligence;
(t) Assistant to the President for National
Security Affairs;
(u) Council to the President;
(v) Chairman, Joint Chiefs of Staff;
(w) National Security Advisor to the Vice
President; and
(x) Assistant to the President for Domestic Policy.
As applicable, the Council shall also comprise such
other officials of the departments and agencies as the
President may, from time to time, designate.
Sec. 3. Meetings of the Council. The President, or upon his
direction, the Vice President, may convene meetings of the
Council. The President shall preside over meetings of the
Council, provided that in his absence, the Vice President will
preside. The Council will meet at least quarterly.
Sec. 4. Functions.
(a) The functions of the Council are to advise and
assist the President in:
(1) providing direction and oversight for
the national drug control strategy, including
relating drug control policy to other national
security interests and establishing priorities;
and
(2) ensuring coordination among departments
and agencies concerning implementation of the
President's national drug control strategy.
(b) The Director of National Drug Control Policy
will continue to be the senior drug control policy
official in the executive branch and the President's
chief drug control policy spokesman.
(c) In matters affecting national security
interests, the Director of National Drug Control Policy
shall work in conjunction with the Assistant to the
President for National Security Affairs.
Sec. 5. Administration.
(a) The Council may utilize established or ad hoc
committees, task forces, or interagency groups chaired
by the Director of National Drug Control Policy or his
representative, in carrying out its functions under
this order.
(b) The staff of the Office of National Drug
Control Policy, in coordination with the staffs of the
Vice President and the Assistant to the President for
National Security Affairs, shall act as staff for the
Council.
(c) All executive departments and agencies shall
cooperate with the Council and provide such assistance,
information, and advice as the Council may request, to
the extent permitted by law.
Executive Order 13048
Improving Administrative Management in the Executive Branch
(As amended by EO 13284)
=======================================================================
Signed: June 10, 1997
Federal Register page and date: 62 FR 32467; June 13, 1997
Amended by: EO 13284, January 23, 2003
Revokes: EO 12552, February 25, 1986
EO 12637, April 27, 1988
EO 12816, October 14, 1992
=======================================================================
Improvement of Government operations is a continuing
process that benefits from interagency activities. One group
dedicated to such activities is the President's Council on
Management Improvement (PCMI), established by Executive Order
12479 in 1984, reestablished by Executive Order 12816 in 1992.
In the intervening years, some activities of the PCMI have been
assumed by the President's Management Council, the Chief
Financial Officers Council, and the Chief Information Officers
Council. These organizations are also focussed on improving
agencies' use of quality management principles. Other functions
have been assigned to individual agencies. Nonetheless,
remaining administrative management matters deserve attention
across agency lines.
By the authority vested in me as President by the
Constitution and the laws of the United States of America and
in order to improve agency administrative and management
practices throughout the executive branch, I hereby direct the
following:
Section 1. Interagency Council on Administrative Management.
(a) Purpose and Membership. An Interagency Council
on Administrative Management (``Council'') is
established as an interagency coordination mechanism.
The Council shall be composed of the Deputy Director
for Management of the Office of Management and Budget,
who shall serve as Chair, and one senior administrative
management official from each of the following
agencies:
1. Department of State;
2. Department of the Treasury;
3. Department of Defense;
4. Department of Justice;
5. Department of the Interior;
6. Department of Agriculture;
7. Department of Commerce;
8. Department of Labor;
9. Department of Health and Human Services;
10. Department of Housing and Urban
Development;
11. Department of Transportation;
12. Department of Energy;
13. Department of Education;
14. Department of Veterans Affairs;
15. Department of Homeland Security;
16. Environmental Protection Agency;
17. Federal Emergency Management Agency;
18. Central Intelligence Agency;
19. Small Business Administration;
20. Department of the Army;
21. Department of the Navy;
22. Department of the Air Force;
23. National Aeronautics and Space
Administration;
24. Agency for International Development;
25. General Services Administration;
26. National Science Foundation; and
27. Office of Personnel Management.
Department and agency heads shall advise the Chair
of their selections for membership on the Council.
Council membership shall also include representatives
of the Chief Financial Officers Council, the Chief
Information Officers Council, the Federal Procurement
Council, the Interagency Advisory Group of Federal
Personnel Directors, and the Small Agency Council, as
well as at-large members appointed by the Chair, as he
deems appropriate. The Chair shall invite
representatives of the Social Security Administration
to participate in the Council's work, as appropriate.
The Council shall select a Vice Chair from among the
Council's membership.
(b) The Council shall plan, promote, and recommend
improvements in Government administration and
operations and provide advice to the Chair on matters
pertaining to the administrative management of the
Federal Government. The Council shall:
(1) explore opportunities for more
effective use of Government resources;
(2) support activities and initiatives of
the President's Management Council, the Chief
Financial Officers Council, the Chief
Information Officers Council, the Federal
Procurement Council, and the Interagency
Advisory Group of Federal Personnel Directors
designed to develop, review, revise, and
implement Governmentwide administrative
management policies; and
(3) identify successful administrative
management practices, including quality
management practices, and assist in their
Governmentwide dissemination and
implementation.
Sec. 2. Responsibilities of the Chair. The Chair or, if the
Chair chooses, the Vice Chair shall:
(1) convene meetings of the Council;
(2) preside at formal council meetings;
(3) establish committees or working groups of the
Council, as necessary for efficient conduct of Council
functions; and
(4) appoint, to the extent permitted by law and
consistent with personnel practices, other full-time
officers or employees of the Federal Government to the
Council as at-large members for specific terms, not
exceeding 2 years, to provide expertise to the Council.
Sec. 3. Responsibilities of Agency Heads. To the extent
permitted by law, heads of departments or agencies represented
on the Council shall provide their representatives with
administrative support needed to support Council activities.
Sec. 4. Judicial Review. This order is for the internal
management of the executive branch and does not create any
right or benefit, substantive or procedural, enforceable by a
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
Sec. 5. Revocation. Executive Order 12816 (creating the
President's Council on Management Improvement), Executive Order
12552 (establishing the executive branch productivity
improvement program) and Executive Order 12637 (revising the
executive branch productivity improvement program) are revoked.
Executive Order 13076
Ordering the Selected Reserve to Active Duty
(As amended by EO 13286)
=======================================================================
Signed: February 24, 1998
Federal Register page and date: 63 FR 9719, February 26, 1998
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 121 and 12304 of title 10, United States
Code, I hereby determine that it is necessary to augment the
active armed forces of the United States for the effective
conduct of operations in and around Southwest Asia. Further,
under the stated authority, I hereby authorize the Secretary of
Defense, and the Secretary of Homeland Security with respect to
the Coast Guard when it is not operating as a service in the
Department of the Navy, to order to active duty any units, and
any individual members not assigned to a unit organized to
serve as a unit, of the Selected Reserve.
This order is intended only to improve the internal
management of the executive branch and is not intended to
create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
Executive Order 13100
President's Council on Food Safety
(As amended by EO 13286)
=======================================================================
Signed: May 23, 1979
Federal Register page and date: Federal Register page and date: 63
FR 45661, August 27, 1998
Amended by: 63 FR 45661, August 27, 1998
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to improve the safety of the food supply through
science-based regulation and well-coordinated inspection,
enforcement, research, and education programs, it is hereby
ordered as follows:
Section 1. Establishment of President's Council on Food Safety.
(a) There is established the President's Council on
Food Safety (``Council''). The Council shall comprise
the Secretaries of Agriculture, Commerce, Health and
Human Services, and Homeland Security, the Director of
the Office of Management and Budget (OMB), the
Administrator of the Environmental Protection Agency,
the Assistant to the President for Science and
Technology/Director of the Office of Science and
Technology Policy, the Assistant to the President for
Domestic Policy, and the Director of the National
Partnership for Reinventing Government. The Council
shall consult with other Federal agencies and State,
local, and tribal government agencies, and consumer,
producer, scientific, and industry groups, as
appropriate.
(b) The Secretaries of Agriculture and of Health
and Human Services and the Assistant to the President
for Science and Technology/Director of the Office of
Science and Technology Policy shall serve as Joint
Chairs of the Council.
Sec. 2. Purpose. The purpose of the Council shall be to develop
a comprehensive strategic plan for Federal food safety
activities, taking into consideration the findings and
recommendations of the National Academy of Sciences report
``Ensuring Safe Food from Production to Consumption'' and other
input from the public on how to improve the effectiveness of
the current food safety system. The Council shall make
recommendations to the President on how to advance Federal
efforts to implement a comprehensive sciencebased strategy to
improve the safety of the food supply and to enhance
coordination among Federal agencies, State, local, and tribal
governments, and the private sector. The Council shall advise
Federal agencies in setting priority areas for investment in
food safety.
Sec. 3. Specific Activities and Functions.
(a) The Council shall develop a comprehensive
strategic Federal food safety plan that contains
specific recommendations on needed changes, including
measurable outcome goals. The principal goal of the
plan should be the establishment of a seamless,
science-based food safety system. The plan should
address the steps necessary to achieve this goal,
including the key public health, resource, and
management issues regarding food safety. The planning
process should consider both short-term and long-term
issues including new and emerging threats and the
special needs of vulnerable populations such as
children and the elderly. In developing this plan, the
Council shall consult with all interested parties,
including State and local agencies, tribes, consumers,
producers, industry, and academia.
(b) Consistent with the comprehensive strategic
Federal food safety plan described in section 3(a) of
this order, the Council shall advise agencies of
priority areas for investment in food safety and ensure
that Federal agencies annually develop coordinated food
safety budgets for submission to the OMB that sustain
and strengthen existing capacities, eliminate
duplication, and ensure the most effective use of
resources for improving food safety. The Council shall
also ensure that Federal agencies annually develop a
unified budget for submission to the OMB for the
President's Food Safety Initiative and such other food
safety issues as the Council determines appropriate.
(c) The Council shall ensure that the Joint
Institute for Food Safety Research (JIFSR), in
consultation with the National Science and Technology
Council, establishes mechanisms to guide Federal
research efforts toward the highest priority food
safety needs. The JIFSR shall report to the Council on
a regular basis on its efforts:
(i) to develop a strategic plan for
conducting food safety research activities
consistent with the President's Food Safety
Initiative and such other food safety
activities as the JIFSR determines appropriate;
and
(ii) to coordinate efficiently, within the
executive branch and with the private sector
and academia, all Federal food safety research.
Sec. 4. Cooperation. All actions taken by the Council shall, as
appropriate, promote partnerships and cooperation with States,
tribes, and other public and private sector efforts wherever
possible to improve the safety of the food supply.
Sec. 5. General Provisions. This order is intended only to
improve the internal management of the executive branch and is
not intended to, nor does it, create any right or benefit,
substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers or any
person. Nothing in this order shall affect or alter the
statutory responsibilities of any Federal agency charged with
food safety responsibilities.
Executive Order 13112
Invasive Species
(As amended by EO 13286)
=======================================================================
Signed: February 3, 1999
Federal Register page and date: 64 FR 6183, February 8, 1999
Amended by: EO 13286, February 28, 2003
Revokes: EO 11987, May 24, 1977
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990, as amended (16
U.S.C. 4701 et seq.), Lacey Act, as amended (18 U.S.C. 42),
Federal Plant Pest Act (7 U.S.C. 150aa et seq.), Federal
Noxious Weed Act of 1974, as amended (7 U.S.C. 2801 et seq.),
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), and other pertinent statutes, to prevent the
introduction of invasive species and provide for their control
and to minimize the economic, ecological, and human health
impacts that invasive species cause, it is ordered as follows:
Section 1. Definitions.
(a) ``Alien species'' means, with respect to a
particular ecosystem, any species, including its seeds,
eggs, spores, or other biological material capable of
propagating that species, that is not native to that
ecosystem.
(b) ``Control'' means, as appropriate, eradicating,
suppressing, reducing, or managing invasive species
populations, preventing spread of invasive species from
areas where they are present, and taking steps such as
restoration of native species and habitats to reduce
the effects of invasive species and to prevent further
invasions.
(c) ``Ecosystem'' means the complex of a community
of organisms and its environment.
(d) ``Federal agency'' means an executive
department or agency, but does not include independent
establishments as defined by 5 U.S.C. 104.
(e) ``Introduction'' means the intentional or
unintentional escape, release, dissemination, or
placement of a species into an ecosystem as a result of
human activity.
(f) ``Invasive species'' means an alien species
whose introduction does or is likely to cause economic
or environmental harm or harm to human health.
(g) ``Native species'' means, with respect to a
particular ecosystem, a species that, other than as a
result of an introduction, historically occurred or
currently occurs in that ecosystem.
(h) ``Species'' means a group of organisms all of
which have a high degree of physical and genetic
similarity, generally interbreed only among themselves,
and show persistent differences from members of allied
groups of organisms.
(i) ``Stakeholders'' means, but is not limited to,
State, tribal, and local government agencies, academic
institutions, the scientific community, nongovernmental
entities including environmental, agricultural, and
conservation organizations, trade groups, commercial
interests, and private landowners.
(j) ``United States'' means the 50 States, the
District of Columbia, Puerto Rico, Guam, and all
possessions, territories, and the territorial sea of
the United States.
Sec. 2. Federal Agency Duties.
(a) Each Federal agency whose actions may affect
the status of invasive species shall, to the extent
practicable and permitted by law,
(1) identify such actions;
(2) subject to the availability of
appropriations, and within Administration
budgetary limits, use relevant programs and
authorities to:
(i) prevent the introduction of
invasive species;
(ii) detect and respond rapidly to
and control populations of such species
in a cost-effective and environmentally
sound manner;
(iii) monitor invasive species
populations accurately and reliably;
(iv) provide for restoration of
native species and habitat conditions
in ecosystems that have been invaded;
(v) conduct research on invasive
species and develop technologies to
prevent introduction and provide for
environmentally sound control of
invasive species; and
(vi) promote public education on
invasive species and the means to
address them; and
(3) not authorize, fund, or carry out
actions that it believes are likely to cause or
promote the introduction or spread of invasive
species in the United States or elsewhere
unless, pursuant to guidelines that it has
prescribed, the agency has determined and made
public its determination that the benefits of
such actions clearly outweigh the potential
harm caused by invasive species; and that all
feasible and prudent measures to minimize risk
of harm will be taken in conjunction with the
actions.
(b) Federal agencies shall pursue the duties set
forth in this section in consultation with the Invasive
Species Council, consistent with the Invasive Species
Management Plan and in cooperation with stakeholders,
as appropriate, and, as approved by the Department of
State, when Federal agencies are working with
international organizations and foreign nations.
Sec. 3. Invasive Species Council.
(a) An Invasive Species Council (Council) is hereby
established whose members shall include the Secretary
of State, the Secretary of the Treasury, the Secretary
of Defense, the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of Commerce,
the Secretary of Transportation, the Secretary of
Homeland Security, and the Administrator of the
Environmental Protection Agency. The Council shall be
Co-Chaired by the Secretary of the Interior, the
Secretary of Agriculture, and the Secretary of
Commerce. The Council may invite additional Federal
agency representatives to be members, including
representatives from subcabinet bureaus or offices with
significant responsibilities concerning invasive
species, and may prescribe special procedures for their
participation. The Secretary of the Interior shall,
with concurrence of the Co-Chairs, appoint an Executive
Director of the Council and shall provide the staff and
administrative support for the Council.
(b) The Secretary of the Interior shall establish
an advisory committee under the Federal Advisory
Committee Act, 5 U.S.C. App., to provide information
and advice for consideration by the Council, and shall,
after consultation with other members of the Council,
appoint members of the advisory committee representing
stakeholders. Among other things, the advisory
committee shall recommend plans and actions at local,
tribal, State, regional, and ecosystem-based levels to
achieve the goals and objectives of the Management Plan
in section 5 of this order. The advisory committee
shall act in cooperation with stakeholders and existing
organizations addressing invasive species. The
Department of the Interior shall provide the
administrative and financial support for the advisory
committee.
Sec. 4. Duties of the Invasive Species Council.
The Invasive Species Council shall provide national
leadership regarding invasive species, and shall:
(a) oversee the implementation of this order and
see that the Federal agency activities concerning
invasive species are coordinated, complementary, cost-
efficient, and effective, relying to the extent
feasible and appropriate on existing organizations
addressing invasive species, such as the Aquatic
Nuisance Species Task Force, the Federal Interagency
Committee for the Management of Noxious and Exotic
Weeds, and the Committee on Environment and Natural
Resources;
(b) encourage planning and action at local, tribal,
State, regional, and ecosystem-based levels to achieve
the goals and objectives of the Management Plan in
section 5 of this order, in cooperation with
stakeholders and existing organizations addressing
invasive species;
(c) develop recommendations for international
cooperation in addressing invasive species;
(d) develop, in consultation with the Council on
Environmental Quality, guidance to Federal agencies
pursuant to the National Environmental Policy Act on
prevention and control of invasive species, including
the procurement, use, and maintenance of native species
as they affect invasive species;
(e) facilitate development of a coordinated network
among Federal agencies to document, evaluate, and
monitor impacts from invasive species on the economy,
the environment, and human health;
(f) facilitate establishment of a coordinated, up-
to-date information-sharing system that utilizes, to
the greatest extent practicable, the Internet; this
system shall facilitate access to and exchange of
information concerning invasive species, including, but
not limited to, information on distribution and
abundance of invasive species; life histories of such
species and invasive characteristics; economic,
environmental, and human health impacts; management
techniques, and laws and programs for management,
research, and public education; and
(g) prepare and issue a national Invasive Species
Management Plan as set forth in section 5 of this
order.
Sec. 5. Invasive Species Management Plan.
(a) Within 18 months after issuance of this order,
the Council shall prepare and issue the first edition
of a National Invasive Species Management Plan
(Management Plan), which shall detail and recommend
performance-oriented goals and objectives and specific
measures of success for Federal agency efforts
concerning invasive species. The Management Plan shall
recommend specific objectives and measures for carrying
out each of the Federal agency duties established in
section 2(a) of this order and shall set forth steps to
be taken by the Council to carry out the duties
assigned to it under section 4 of this order. The
Management Plan shall be developed through a public
process and in consultation with Federal agencies and
stakeholders.
(b) The first edition of the Management Plan shall
include a review of existing and prospective approaches
and authorities for preventing the introduction and
spread of invasive species, including those for
identifying pathways by which invasive species are
introduced and for minimizing the risk of introductions
via those pathways, and shall identify research needs
and recommend measures to minimize the risk that
introductions will occur. Such recommended measures
shall provide for a science-based process to evaluate
risks associated with introduction and spread of
invasive species and a coordinated and systematic risk-
based process to identify, monitor, and interdict
pathways that may be involved in the introduction of
invasive species. If recommended measures are not
authorized by current law, the Council shall develop
and recommend to the President through its Co-Chairs
legislative proposals for necessary changes in
authority. (c) The Council shall update the Management
Plan biennially and shall concurrently evaluate and
report on success in achieving the goals and objectives
set forth in the Management Plan. The Management Plan
shall identify the personnel, other resources, and
additional levels of coordination needed to achieve the
Management Plan's identified goals and objectives, and
the Council shall provide each edition of the
Management Plan and each report on it to the Office of
Management and Budget. Within 18 months after measures
have been recommended by the Council in any edition of
the Management Plan, each Federal agency whose action
is required to implement such measures shall either
take the action recommended or shall provide the
Council with an explanation of why the action is not
feasible. The Council shall assess the effectiveness of
this order no less than once each 5 years after the
order is issued and shall report to the Office of
Management and Budget on whether the order should be
revised.
Sec. 6. Judicial Review and Administration.
(a) This order is intended only to improve the
internal management of the executive branch and is not
intended to create any right, benefit, or trust
responsibility, substantive or procedural, enforceable
at law or equity by a party against the United States,
its agencies, its officers, or any other person.
(b) Executive Order 11987 of May 24, 1977, is
hereby revoked.
(c) The requirements of this order do not affect
the obligations of Federal agencies under 16 U.S.C.
4713 with respect to ballast water programs.
(d) The requirements of section 2(a)(3) of this
order shall not apply to any action of the Department
of State or Department of Defense if the Secretary of
State or the Secretary of Defense finds that exemption
from such requirements is necessary for foreign policy
or national security reasons.
Executive Order 13115
Interagency Task Force on the Roles and Missions of the United
States Coast Guard
(As amended by EO 13138)
=======================================================================
Signed: March 25, 1999
Federal Register page and date: 64 FR 15283, March 30, 1999
Amended by: EO 13138, September 30, 1999
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it
is hereby ordered as follows:
Section 1.
(a) The Interagency Task Force on the Roles and Missions
ofthe United States Coast Guard is established.
(b) The Task Force shall be composed of one representative
from the:
(1) Department of State;
(2) Department of the Treasury;
(3) Department of Defense;
(4) Department of Justice;
(5) Department of Commerce;
(6) Department of Labor;
(7) Department of Transportation;
(8) Environmental Protection Agency;
(9) Office of Management and Budget;
(10) National Security Council;
(11) Office of National Drug Control Policy;
(12) Council on Environmental Quality;
(13) Office of Cabinet Affairs;
(14) National Economic Council;
(15) Domestic Policy Council; and
(16) United States Coast Guard.
The Secretary of Transportation shall
select from among the Task Force members a
Chair and Vice Chair for the Task Force.
(c) The members of the Task Force shall be officials or
employees of the Federal Government.
Sec. 2. Functions.
(a) The Task Force shall report to the President through
the Secretary of Transportation, and shall provide advice and
recommendations regarding the appropriate roles and missions
for the United States Coast Guard through the Year 2020. While
the Task Force will comprehensively review all Coast Guard
roles and missions, it will give special attention to the
deepwater missions, which are those that generally occur beyond
50 nautical miles from U.S. shores.
(b) The Chair shall consult with the Secretary of
Transportation, Commandant of the Coast Guard, and, as
appropriate, other heads of departments and agencies. The Chair
may invite experts to submit information to the Task Force and
hold field briefings or visits.
(c) The Chair may acquire services or form teams to carry
out the functions of the Task Force. The Task Force and/or the
Task Force staff may travel as necessary to carry out the Task
Force's functions.
Sec. 3. Methodology.
(a) The Task Force will seek to identify and distinguish
which Coast Guard roles, missions, and functions might be added
or enhanced; might be maintained at current levels of
performance; or might be reduced, eliminated, or moved to other
private organizations or Government agencies. The Task Force
also will consider whether current Coast Guard roles, missions,
and functions might be better performed by privateorganizations
(by contract or otherwise), public authorities, local or State
governments, or other Federal agencies. The Task Force will
provide explicit reasons for its recommendations.
(b) The Task Force will establish explicit criteria for
screening roles, missions, and functions to determine how and
by whom they would be best performed.
(c) For those roles, missions, and functions that the Task
Force recommends be performed by the Coast Guard, the Task
Force will advise as to how they might be performed most
effectively and efficiently.
(d) The Task Force will consider the impact on Coast Guard
roles, missions, and functions of future prospects in various
areas, including technology, demographics, the law of the sea,
marine pollution, and national security.
(e) The Task Force shall review each of the Coast Guard's
law enforcement and national security missions and functions
according to the methodology described in this section.
However, in conducting that review, the Task Force shall assume
that the Coast Guard will remain a law enforcement agency and
an armed force of the United States.
Sec. 4. Administration.
(a) The heads of executive departments and agencies shall,
to the extent permitted by law, provide the Task Force such
information with respect to the roles and missions of the Coast
Guard as it may require to carry out its functions.
(b) The Coast Guard shall support the Task Force
administratively and financially.
(c) The Secretary of Transportation shall appoint a Staff
Director for the Task Force.
(d) Assigned staff shall possess a balanced and broad base
of experience to include persons of experience in national
security, military operations, foreign and domestic policy,
international affairs, economic policy, environmental
protection, and law enforcement. Staff members may include
military members on active duty, Reserve members of any
component, and Federal civilian employees.
Sec. 5. General.
(a) The Task Force shall exist for a period of 6 months
from its first meeting unless extended by the Secretary of
Transportation and, at the conclusion, submit a written report
as discussed in section 2 of this order.
(b) The recommendations of the Task Force will be
considered in determining the appropriate level of investment
in the Coast Guard's Deepwater Capability Replacement Project,
a system of cutters and aircraft with an integrated command,
control, communications, and sensor infrastructure. The Task
Force may provide an interim report for use in preparation
ofthe Federal budget for Fiscal Year 2001.
Executive Order 13120
Ordering the Selected Reserve and Certain Individual Ready
Reserve Members of the Armed Forces to Active Duty
(As amended by EO 13286)
=======================================================================
Signed: April 27, 1999
Federal Register page and date: 64 FR 23007, April 29, 1999
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 121 and 12304 of title 10, United States
Code, I hereby determine that it is necessary to augment the
active armed forces of the United States for the effective
conduct of operations in and around the former Yugoslavia
related to the conflict in Kosovo. Further, under the stated
authority, I hereby authorize the Secretary of Defense, and the
Secretary of Homeland Security with respect to the Coast Guard
when it is not operating as a service in the Department of the
Navy, under their respective jurisdictions, to order to active
duty any units, and any individual members not assigned to a
unit organized to serve as a unit, of the Selected Reserve, or
any member in the Individual Ready Reserve mobilization
category and designated as essential under regulations
prescribed by the Secretary concerned, and to terminate the
service of those units and members ordered to active duty.
This order is intended only to improve the internal
management of the executive branch and is not intended to
create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
Executive Order 13122
Interagency Task Force on the Economic Development of the
Southwest Border
(As amended by EO 13284)
=======================================================================
Signed: May 25, 1999
Federal Register page and date: 64 FR 29201, May 28, 1999
Amended by: EO 13284, January 23, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to provide a more rapid and integrated Federal
response to the economic development challenges of the
Southwest Border region, it is hereby ordered as follows:
Section 1. Establishment of an Interagency Task Force on the
Economic Development of the Southwest Border.
(a) There is established the ``Interagency Task
Force on the Economic Development of the Southwest
Border'' (Task Force) that reports to the Vice
President, as Chair of the President's Community
Empowerment Board (PCEB), and to the Assistant to the
President for Economic Policy, as Vice Chair of the
PCEB.
(b) The Task Force shall comprise the Secretary of
State, Secretary of Agriculture, Secretary of Commerce,
Secretary of Defense, the Attorney General, Secretary
of the Interior, Secretary of Education, Secretary of
Health and Human Services, Secretary of Housing and
Urban Development, Secretary of Energy, Secretary of
Labor, Secretary of Homeland Security, Secretary of the
Treasury, Director of the Office of Management and
Budget, Director of National Drug Control Policy,
Administrator of General Services, Administrator of the
Small Business Administration, Administrator of the
Environmental Protection Agency, or their designees,
and such other senior executive branch officials as may
be determined by the Co-Chairs of the Task Force. The
Secretaries of the Treasury, Agriculture, and Labor
shall Co-Chair the Task Force, rotating annually. The
agency chairing the Task Force will provide
administrative support for the Task Force.
(c) The purpose of the Task Force is to coordinate
and better leverage existing Administration efforts for
the Southwest Border, in concert with locally led
efforts, in order to increase the living standards and
the overall economic profile of the Southwest Border so
that it may achieve the average of the Nation.
Specifically, the Task Force shall:
(1) analyze the existing programs and
policies of Task Force members that relate to
the Southwest Border to determine what changes,
modifications, and innovations should be
considered;
(2) consider statistical and data analysis,
research, and policy studies related to the
Southwest Border;
(3) develop and recommend short-term and
long-term options for promoting sustainable
economic development;
(4) consult and coordinate activities with
State, tribal, and local governments, community
leaders, Members of Congress, the private
sector, and other interested parties, paying
particular attention to maintaining existing
authorities of the States, tribes, and local
governments, and preserving their existing
working relationships with other agencies,
organizations, or individuals;
(5) coordinate and collaborate on research
and demonstration priorities of Task Force
member agencies related to the Southwest
Border;
(6) integrate Administration initiatives
and programs into the design of sustainable
economic development actions for the Southwest
Border; and
(7) focus initial efforts on pilot
communities for implementing a coordinated and
expedited Federal response to local economic
development and other needs.
(d) The Task Force shall issue an interim report to
the Vice President by November 15, 1999. The Task Force
shall issue its first annual report to the Vice
President by April 15, 2000, with subsequent reports to
follow yearly and a final report on April 15, 2002. The
reports shall describe the actions taken by, and
progress of, each member of the Task Force in carrying
out this order. The Task Force shall terminate 30 days
after submitting its final report unless a Task Force
consensus recommends continuation of activities.
Sec. 2. Specific Activities by Task Force Members and Other
Agencies.
The agencies represented on the Task Force shall work
together and report their actions and progress in carrying out
this order to the Task Force Chair 1 month before the reports
are due to the Vice President under section 1(d) of this order.
Sec. 3. Cooperation.
All efforts taken by agencies under sections 1 and 2 of
this order shall, as appropriate, further partnerships and
cooperation with organizations that represent the Southwest
Border and with State and local governments.
Sec. 4.
(a) ``Agency'' means an executive agency as defined
in 5 U.S.C. 105.
(b) The ``Southwest Border'' or ``Southwest Border
region'' is defined as including the areas up to 150
miles north of the United States-Mexican border in the
States of Arizona, New Mexico, Texas, and California.
Sec. 5. Judicial Review.
This order does not create any right or benefit,
substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any
person.
Executive Order 13133
Working Group on Unlawful Conduct on the Internet
(As amended by EO 13286)
=======================================================================
Signed: August 5, 1999
Federal Register page and date: 64 FR 43895, August 11, 1999
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to address unlawful conduct that involves the use of
the Internet, it is hereby ordered as follows:
Section 1. Establishment and Purpose.
(a) There is hereby established a working group to
address unlawful conduct that involves the use of the
Internet (``Working Group''). The purpose of the
Working Group shall be to prepare a report and
recommendations concerning:
(1) The extent to which existing Federal
laws provide a sufficient basis for effective
investigation and prosecution of unlawful
conduct that involves the use of the Internet,
such as the illegal sale of guns, explosives,
controlled substances, and prescription drugs,
as well as fraud and child pornography.
(2) The extent to which new technology
tools, capabilities, or legal authorities may
be required for effective investigation and
prosecution of unlawful conduct that involves
the use of the Internet; and
(3) The potential for new or existing tools
and capabilities to educate and empower
parents, teachers, and others to prevent or to
minimize the risks from unlawful conduct that
involves the use of the Internet.
(b) The Working Group shall undertake this review
in the context of current Administration Internet
policy, which includes support for industry self-
regulation where possible, technology-neutral laws and
regulations, and an appreciation of the Internet as an
important medium both domestically and internationally
for commerce and free speech.
Sec. 2. Schedule. The Working Group shall complete its work to
the greatest extent possible and present its report and
recommendations to the President and Vice President within 120
days of the date of this order. Prior to such presentation, the
report and recommendations shall be circulated through the
Office of Management and Budget for review and comment by all
appropriate Federal agencies.
Sec. 3. Membership.
(a) The Working Group shall be composed of the
following members:
(1) The Attorney General (who shall serve
as Chair of the Working Group).
(2) The Director of the Office of
Management and Budget.
(3) The Secretary of the Treasury.
(4) The Secretary of Commerce.
(5) The Secretary of Education.
(6) The Secretary of Homeland Security.
(7) The Director of the Federal Bureau of
Investigation.
(8) The Director of the Bureau of Alcohol,
Tobacco and Firearms.
(9) The Administrator of the Drug
Enforcement Administration.
(10) The Chair of the Federal Trade
Commission.
(11) The Commissioner of the Food and Drug
Administration; and
(12) Other Federal officials deemed
appropriate by the Chair of the Working Group.
(b) The co-chairs of the Interagency Working Group
on Electronic Commerce shall serve as liaison to and
attend meetings of the Working Group. Members of the
Working Group may serve on the Working Group through
designees.
Executive Order 13151
Global Disaster Information Network
(As amended by EO 13284)
=======================================================================
Signed: May 23, 1979
Federal Register page and date: 65 FR 25619, May 2, 2000
Amended by: EO 13284, January 23, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to establish a Global Disaster Information Network to
use information technology more effectively to reduce loss of
life and property from natural and man-made disasters, it is
hereby ordered as follows:
Section 1. Policy.
(a) It is the policy of this Administration to use
information technology more effectively to coordinate
the Federal Government's collection and dissemination
of information to appropriate response agencies and
State governments to prepare for and respond to natural
and man-made disasters (disasters). As a result of
changing population demographics in our coastal, rural,
and urban areas over the past decades, the loss of life
and property (losses) from disasters has nearly
doubled. One of the ways the Federal Government can
reduce these losses is to use technology more
effectively to coordinate its collection and
dissemination (hereafter referred to collectively as
``provision'') of information which can be used in both
planning for and recovering from disasters. While many
agencies provide disasterrelated information, they may
not always provide it in a coordinated manner. To
improve the provision of disaster-related information,
the agencies shall, as set out in this order, use
information technology to coordinate the Federal
Government's provision of information to prepare for,
respond to, and recover from domestic disasters.
(b) It is also the policy of this Administration to
use information technology and existing channels of
disaster assistance to improve the Federal Government's
provision of information that could be helpful to
foreign governments preparing for or responding to
foreign disasters. Currently, the United States
Government provides disaster-related information to
foreign governments and relief organizations on
humanitarian grounds at the request of foreign
governments and where appropriate. This information is
supplied by Federal agencies on an ad hoc basis. To
increase the effectiveness of our response to foreign
disasters, agencies shall, where appropriate, use
information technology to coordinate the Federal
Government's provision of disaster-related information
to foreign governments.
(c) To carry out the policies in this order, there
is established the Global Disaster Information Network
(Network). The Network is defined as the coordinated
effort by Federal agencies to develop a strategy and to
use existing technical infrastructure, to the extent
permitted by law and subject to the availability of
appropriations and under the guidance of the
Interagency Coordinating Committee and the Committee
Support Office, to make more effective use of
information technology to assist our Government, and
foreign governments where appropriate, by providing
disaster-related information to prepare for and respond
to disasters.
Sec. 2. Establishment.
(a) There is established an Interagency
Coordinating Committee (Committee) to provide
leadership and oversight for the development of the
Network. The Office of the Vice President, the
Department of Commerce through the National Oceanic and
Atmospheric Administration, and the Department of
State, respectively, shall designate a representative
to serve as Co-chairpersons of the Committee. The
Committee membership shall comprise representatives
from the following departments and agencies:
(1) Department of State;
(2) Department of Defense;
(3) Department of the Interior;
(4) Department of Agriculture;
(5) Department of Commerce;
(6) Department of Transportation;
(7) Department of Energy;
(8) Department of Homeland Security;
(9) Office of Management and Budget;
(10) Environmental Protection Agency;
(11) National Aeronautics and Space
Administration;
(12) United States Agency for International
Development;
(13) Federal Emergency Management Agency;
and
(14) Central Intelligence Agency.
At the discretion of the Co-chairpersons of
the Committee, other agencies may be added to
the Committee membership. The Committee shall
include an Executive Secretary to effect
coordination between the Co-chairpersons of the
Committee and the Committee Support Office.
(b) There is established a Committee Support Office
(Support Office) to assist the Committee by developing
plans and projects that would further the creation of
the Network. The Support Office shall, at the request
of the Co-chairpersons of the Committee, carry out
tasks taken on by the Committee.
(c) The National Oceanic and Atmospheric
Administration shall provide funding and administrative
support for the Committee and the Support Office. To
the extent permitted by law, agencies may provide
support to the Committee and the Support Office to
assist them in their work.
Sec. 3. Responsibilities.
(a) The Committee shall:
(1) serve as the United States Government's
single entity for all matters, both national
and international, pertaining to the
development and establishment of the Network;
(2) provide leadership and high-level
coordination of Network activities;
(3) provide guidance for the development of
Network strategies, goals, objectives,
policies, and legislation;
(4) represent and advocate Network goals,
objectives, and processes to their respective
agencies and departments;
(5) provide manpower and material support
for Network development activities;
(6) develop, delegate, and monitor
interagency opportunities and ideas supporting
the development of the Network; and
(7) provide reports, through the Co-
chairpersons of the Committee, to the President
as requested or at least annually.
(b) The Support Office shall:
(1) provide management and administrative
support for the Committee;
(2) develop Network strategies, goals,
objectives, policies, plans, and legislation in
accordance with guidance provided by the
Committee;
(3) consult with agencies, States,
nongovernment organizations, and international
counterparts in developing Network development
tasks;
(4) develop and make recommendations
concerning Network activities to the agencies
as approved by the Committee; and
(5) participate in projects that promote
the goals and objectives of the Network.
Sec. 4. Implementation.
(a) The Committee, with the assistance of the
Support Office, shall address national and
international issues associated with the development of
the Network within the context of:
(1) promoting the United States as an
example and leader in the development and
dissemination of disaster information, both
domestically and abroad, and, to this end,
seeking cooperation with foreign governments
and international organizations;
(2) striving to include all appropriate
stakeholders in the development of the Network;
and
(3) facilitating the creation of a
framework that involves public and private
stakeholders in a partnership for sustained
operations of the Network.
(b) Intelligence activities, as determined by the
Director of the Central Intelligence Agency, as well as
national security-related activities of the Department
of Defense and of the Department of Energy, are exempt
from compliance with this order.
Sec. 5. Tribal Governments.
This order does not impose any requirements on tribal
governments.
Sec. 6. Judicial Review.
This order does not create any right or benefit,
substantive or procedural, enforceable by law, by a party
against the United States, its officers, its employees, or any
other person.
Executive Order 13154
Establishing the Kosovo Campaign Medal
(As amended by EO 13286)
=======================================================================
Signed: May 3, 2000
Federal Register page and date: 65 FR 26479, May 5, 2000
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including my authority as Commander in Chief of the Armed
Forces of the United States, it is hereby ordered as follows:
Section 1. Kosovo Campaign Medal.
There is hereby established the Kosovo Campaign Medal with
suitable appurtenances. Except as limited in section 2 of this
order, and under uniform regulations to be prescribed by the
Secretaries of the Military Departments and approved by the
Secretary of Defense, or under regulations to be prescribed by
the Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, the
Kosovo Campaign Medal shall be awarded to members of the Armed
Forces of the United States who serve or have served in Kosovo
or contiguous waters or airspace, as defined by such
regulations, after March 24, 1999, and before a terminal date
to be prescribed by the Secretary of Defense.
Sec. 2. Relationship to Other Awards.
Notwithstanding section 3 of Executive Order 10977 of
December 4, 1961, establishing the Armed Forces Expeditionary
Medal and section 3 of Executive Order 12985 of January 11,
1996, establishing the Armed Forces Service Medal, any member
who qualified for those medals by reasons of service in Kosovo
between March 24, 1999, and May 1, 2000, shall remain qualified
for those medals. Upon application, any such member may be
awarded the Kosovo Campaign Medal in lieu of the Armed Forces
Expeditionary Medal or the Armed Forces Service Medal, but no
person may be awarded more than one of these three medals by
reason of service in Kosovo, and no person shall be entitled to
more than one award of the Kosovo Campaign Medal.
Sec. 3. Posthumous Award.
The Kosovo Campaign Medal may be awarded posthumously to
any person covered by and under regulations prescribed in
accordance with the first section of this order.
Executive Order 13165
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
(As amended by EO 13286)
=======================================================================
Signed: May 23, 1979
Federal Register page and date: 65 FR 49469, August 14, 2000
Amended by: EO 13286, 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 Office of National Drug Control Reauthorization
Act of 1998, (21 U.S.C. 1701 et seq.), and in order to develop
recommendations for Federal agency actions to address the use
of drugs in sports, in particular among young people, it is
hereby ordered as follows:
Section 1. Policy.
The use of drugs in sports has reached a level that
endangers not just the legitimacy of athletic competition but
also the lives and health of athletes-from the elite ranks to
youth leagues. The National Household Survey on Drug Abuse
issued in 1999 found that in just 1 year's time the rate of
steroid use among young people rose roughly 50 percent among
both sexes and across all age groups. It is the policy of my
Administration to take the steps needed to help eliminate
illicit or otherwise banned drug use and doping in sports at
the State, national, and international level.
Sec. 2. Establishment of a White House Task Force on Drug Use
in Sports.
(a) There is established a White House Task Force
on Drug Use in Sports (Task Force). The Task Force
shall comprise the co-vice chairs of the White House
Olympic Task Force (the ``Olympic Task Force Vice
Chairs''), and representatives designated by the Office
of National Drug Control Policy, the Department of
Health and Human Services, the Department of Labor, the
President's Council on Physical Fitness and Sports, the
Office of Management and Budget, the National Security
Council, the Department of State, the Department of the
Treasury, the Department of Education, the Department
of Justice, the Department of Transportation, the
Department of Homeland Security, the National Institute
on Drug Abuse, and the Substance Abuse and Mental
Health Services Administration.
(b) The Task Force shall develop recommendations
for the President on further executive and legislative
actions that can be undertaken to address the problem
of doping and drug use in sports. In developing the
recommendations, the Task Force shall consider, among
other things:
(i) the health and safety of America's
athletes, in particular our Nation's young
people;
(ii) the integrity of honest athletic
competition; and (iii) the views and
recommendations of State and local governments,
the private sector, citizens, community groups,
and nonprofit organizations, on actions to
address this threat. The Task Force, through
its Chairs, shall submit its recommendations to
the President.
(c) The Director of the Office of National Drug
Control Policy (the Director), the Secretary of the
Department of Health and Human Services, and the
Olympic Task Force Vice Chairs or their designees shall
serve as the Task Force Chairs.
(d) To the extent permitted by law and at the
request of the Chairs, agencies shall cooperate with
and provide information to the Task Force.
Sec. 3. Participation in the World Anti-Doping Agency.
(a) As part of my Administration's efforts to
address the problem of drug use in sports, the United
States has played a leading role in the formation of a
World Anti-Doping Agency (WADA) by the Olympic and
sports community and the nations of the world. Through
these efforts, the United States has been selected to
serve as a governmental representative on the board of
the WADA. This order will authorize the Director to
serve as the United States Government's representative
on the WADA board.
(b) Pursuant to 21 U.S.C. 1701 et seq., the
Director, or in his absence his designee, is hereby
authorized to take all necessary and proper actions to
execute his responsibilities as United States
representative to the WADA.
(c) To assist the Director in carrying out these
responsibilities as the United States Government
representative to the WADA and to the extent permitted
by law, Federal employees may serve in their official
capacity, inter alia, on WADA Committees or WADA
advisory committees, serving as experts to the WADA.
=======================================================================
Executive Orders Issued by
President George W. Bush
(2001-2009)
Executive Orders 13232-13486
=======================================================================
Executive Order 13212
Actions To Expedite Energy-Related Projects
(As amended by EO 13286, EO 13302)
=======================================================================
Signed: May 18, 2001
Federal Register page and date: 66 FR 28357, May 22, 2001
Amended by: EO 13286, February 28, 2003
EO 13302, May 15, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to take additional steps to expedite the increased
supply and availability of energy to our Nation, it is hereby
ordered as follows:
Section 1. Policy. The increased production and transmission of
energy in a safe and environmentally sound manner is essential
to the well-being of the American people. In general, it is the
policy of this Administration that executive departments and
agencies (agencies) shall take appropriate actions, to the
extent consistent with applicable law, to expedite projects
that will increase the production, transmission, or
conservation of energy and projects that will strengthen
pipeline safety.
Sec. 2. Actions to Expedite Energy-Related Projects.
For energy-related projects (including pipeline safety
projects), agencies shall expedite their review of permits or
take other actions as necessary to accelerate the completion of
such projects, while maintaining safety, public health, and
environmental protections. The agencies shall take such actions
to the extent permitted by law and regulation, and where
appropriate.
Sec. 3. Interagency Task Force.
(a) There is established, within the Department of
Energy for administrative purposes, an interagency task
force (Task Force) to perform the following functions:
(i) monitor and assist the agencies in
their efforts to expedite their reviews of
permits or similar actions, as necessary, to
accelerate the completion of energy-related
projects (including pipeline safety projects),
increase energy production and conservation,
and improve the transmission of energy;
(ii) monitor and assist agencies in setting
up appropriate mechanisms to coordinate
Federal, State, tribal, and local permitting in
geographic areas where increased permitting
activity is expected; and
(iii) perform the functions of the
interagency committee for which section 60133
of title 49, United States Code, provides.
(b)(i) The Task Force shall consist exclusively of
the following members:
(A) in the performance of all Task
Force functions set out in sections
3(a)(i) and (ii) of this order, the
Secretaries of State, the Treasury,
Defense, Agriculture, Housing and Urban
Development, Commerce, Transportation,
the Interior, Labor, Education, Health
and Human Services, Energy, and
Veterans Affairs, the Attorney General,
the Administrator of the Environmental
Protection Agency, the Director of
Central Intelligence, the Administrator
of General Services, the Director of
the Office of Management and Budget,
the Chairman of the Council of Economic
Advisers, the Assistant to the
President for Domestic Policy, the
Assistant to the President for Economic
Policy, and such other heads of
agencies as the Chairman of the Council
on Environmental Quality may designate;
and
(B) in the performance of the
functions to which section 3(a)(iii) of
this order refers, the officers listed
in section 60133(a)(2)(A)-(H) of title
49, United States Code, and such other
representatives of Federal agencies
with responsibilities relating to
pipeline repair projects as the
Chairman of the Council on
Environmental Quality may designate.
(ii) A member of the Task Force may
designate, to perform the Task Force functions
of the member, a full-time officer or employee
of that member's agency or office.
(c) The Chairman of the Council on Environmental
Quality shall chair the Task Force.
(d) Consultation in the implementation of this
order with State and local officials and other persons
who are not full-time or permanent parttime employees
of the Federal Government shall be conducted in a
manner that elicits fully the individual views of each
official or other person consulted, without
deliberations or efforts to achieve consensus on advice
or recommendations.
(e) This order shall be implemented in a manner
consistent with the President's constitutional
authority to supervise the unitary executive branch.
Sec. 4. Judicial Review. Nothing in this order shall affect any
otherwise available judicial review of agency action. This
order is intended only to improve the internal management of
the Federal Government and does not create any right or
benefit, substantive or procedural, enforceable at law or
equity by a party against the United States, its agencies or
instrumentalities,its officers or employees, or any other
person.
Executive Order 13223
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 by EO 13253, EO 13286)
=======================================================================
Signed: September 14, 2001
Federal Register page and date: 66 FR 48201, September 18, 2001
Amended by: EO 13253, January 16, 2002
EO 13286, 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 National Emergencies Act (50 U.S.C. 1601 et seq.)
and section 301 of title 3, United States Code, and in
furtherance of the proclamation of September 14, 2001,
Declaration of National Emergency by Reason of Certain
Terrorist Attacks, which declared a national emergency by
reason of the terrorist attacks on the World Trade Center, New
York, New York, and the Pentagon, and the continuing and
immediate threat of further attacks on the United States, I
hereby order as follows:
Section 1. To provide additional authority to the Department of
Defense and the Department of Homeland Security to respond to
the continuing and immediate threat of further attacks on the
United States, the authority under title 10, United States
Code, to order any unit, and any member of the Ready Reserve
not assigned to a unit organized to serve as a unit, in the
Ready Reserve to active duty for not more than 24 consecutive
months, is invoked and made available, according to its terms,
to the Secretary concerned, subject in the case of the
Secretaries of the Army, Navy, and Air Force, to the direction
of the Secretary of Defense. The term ``Secretary concerned''
is defined in section 101(a)(9) of title 10, United States
Code, to mean the Secretary of the Army with respect to the
Army; the Secretary of the Navy with respect to the Navy, the
Marine Corps, and the Coast Guard when it is operating as a
service in the Navy; the Secretary of the Air Force with
respect to the Air Force; and the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy.
Sec. 2. To allow for the orderly administration of personnel
within the armed forces, the following authorities vested in
the President are hereby invoked to the full extent provided by
the terms thereof: section 527 of title 10, United States Code,
to suspend the operation of sections 523, 525, and 526 of that
title, regarding officer and warrant officer strength and
distribution; and sections 123, 123a, and 12006 of title 10,
United States Code, to suspend certain laws relating to
promotion, involuntary retirement, and separation of
commissioned officers; end strength limitations; and Reserve
component officer strength limitations.
Sec. 3. To allow for the orderly administration of personnel
within the armed forces, the authorities vested in the
President by sections 331, 359, and 367 of title 14, United
States Code, relating to the authority to order to active duty
certain officers and enlisted members of the Coast Guard and to
detain enlisted members, are invoked to the full extent
provided by the terms thereof.
Sec. 4. The Secretary of Defense is hereby designated and
empowered, without the approval, ratification, or other action
by the President, to exercise the authority vested in the
President by sections 123, 123a, 527, and 12006 of title 10,
United States Code, as invoked by sections 2 and 3 of this
order.
Sec. 5. The Secretary of Homeland Security is hereby designated
and empowered, without the approval, ratification, or other
action by the President, to exercise the authority vested in
sections 331, 359, and 367 of title 14, United States Code,
when the Coast Guard is not serving as part of the Navy, as
invoked by section 2 of this order, to recall any regular
officer or enlisted member on the retired list to active duty
and to detain any enlisted member beyond the term of his or her
enlistment. The Secretary of Homeland Security is further
designated and empowered, without the approval, ratification or
any other action by the President, to exercise the authority
vested in the President by sections 123 and 123a of title 10,
United States Code, and sections 149 (detail members to assist
foreign governments), 275(a) (suspension of provisions on
selection, promotion, or involuntary separation of officers),
and 722 (administration of reserve forces) of title 14, United
States Code, as invoked by section 2 of Executive Order 13223.
Sec. 6. The authority delegated by this order to the Secretary
of Defense and the Secretary of Homeland Security may be
redelegated and further subdelegated to civilian subordinates
who are appointed to their offices by the President, by and
with the advice and consent of the Senate.
Sec. 7. Based upon my determination under 10 U.S.C. 2201(c)
that it is necessary to increase (subject to limits imposed by
law) the number of members of the armed forces on active duty
for the Department of Defense beyond the number for which funds
are provided in the appropriation Act for the Department of
Defense, which, by virtue of 14 U.S.C. 652, applies to the
Department of Homeland Security with respect to the Coast
Guard,the Secretary of Defense and the Secretary of Homeland
Security may provide for the cost of such additional members
under their respective jurisdictions as an excepted expense
under section 11(a) of title 41, United States Code.
Sec. 8. This order is intended only to improve the internal
management of the executive branch, and is not intended to
create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
Sec. 9. This order is effective immediately and shall be
promptly transmitted to the Congress and published in the
Federal Register.
Executive Order 13224
Blocking Property and Prohibiting Transactions with Persons Who
Commit, Threaten to Commit, or Support Terrorism
(As amended by EO 13268, EO 13284, EO 13372)
=======================================================================
Signed: September 23, 2001
Federal Register page and date: 66 FR 49079, September 25, 2001
Amended by: EO 13268, July 2, 2002
EO 13284, January 23, 2003
EO 13372, February 16, 2005
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.)(IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), section 5 of the United Nations
Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA),
and section 301 of title 3, United States Code, and in view of
United Nations Security Council Resolution (UNSCR) 1214 of
December 8, 1998, UNSCR 1267 of October 15, 1999, UNSCR 1333 of
December 19, 2000, and the multilateral sanctions contained
therein, and UNSCR 1363 of July 30, 2001, establishing a
mechanism to monitor the implementation of UNSCR 1333,
I, George W. Bush, President of the United States of
America, find that grave acts of terrorism and threats of
terrorism committed by foreign terrorists, including the
terrorist attacks in New York, Pennsylvania, and the Pentagon
committed on September 11, 2001, acts recognized and condemned
in UNSCR 1368 of September 12, 2001, and UNSCR 1269 of October
19, 1999, and the continuing and immediate threat of further
attacks on United States nationals or the United States
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
in furtherance of my proclamation of September 14, 2001,
Declaration of National Emergency by Reason of Certain
Terrorist Attacks, hereby declare a national emergency to deal
with that threat. I also find that because of the pervasiveness
and expansiveness of the financial foundation of foreign
terrorists, financial sanctions may be appropriate for those
foreign persons that support or otherwise associate with these
foreign terrorists. I also find that a need exists for further
consultation and cooperation with, and sharing of information
by, United States and foreign financial institutions as an
additional tool to enable the United States to combat the
financing of terrorism.
I hereby order:
Section 1. Except to the extent required by section 203(b) of
IEEPA (50 U.S.C. 1702(b)), or provided in regulations, orders,
directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date of this
order, all property and interests in property of the following
persons that are in the United States or that hereafter come
within the United States, or that hereafter come within the
possession or control of United States persons are blocked:
(a) foreign persons listed in the Annex to this
order;
(b) foreign persons determined by the Secretary of
State, in consultation with the Secretary of the
Treasury, the Secretary of Homeland Security, and the
Attorney General, to have committed, or to pose a
significant risk of committing, acts of terrorism that
threaten the security of U.S. nationals or the national
security, foreign policy, or economy of the United
States;
(c) persons determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
the Secretary of Homeland Security, and the Attorney
General, to be owned or controlled by, or to act for or
on behalf of those persons listed in the Annex to this
order or those persons determined to be subject to
subsection 1(b), 1(c), or 1(d)(i) of this order;
(d) except as provided in section 5 of this order
and after such consultation, if any, with foreign
authorities as the Secretary of State, in consultation
with the Secretary of the Treasury, the Secretary of
Homeland Security, and the Attorney General, deems
appropriate in the exercise of his discretion, persons
determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Secretary
of Homeland Security, and the Attorney General;
(i) to assist in, sponsor, or provide
financial, material, or technological support
for, or financial or other services to or in
support of, such acts of terrorism or those
persons listed in the Annex to this order or
determined to be subject to this order; or
(ii) to be otherwise associated with those
persons listed in the Annex to this order or
those persons determined to be subject to
subsection 1(b), 1(c), or 1(d)(i) of this
order.
Sec. 2. Except to the extent required by section 203(b) of
IEEPA (50 U.S.C. 1702(b)), or provided in regulations, orders,
directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date:
(a) any transaction or dealing by United States
persons or within the United States in property or
interests in property blocked pursuant to this order is
prohibited, including but not limited to the making or
receiving of any contribution of funds, goods, or
services to or for the benefit of those persons listed
in the Annex to this order or determined to be subject
to this order;
(b) any transaction by any United States person or
within the United States that evades or avoids, or has
the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this
order is prohibited; and
(c) any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, corporation, or other organization, group,
or subgroup;
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States
(including foreign branches), or any person in the
United States; and
(d) the term ``terrorism'' means an activity that_
(i) involves a violent act or an act
dangerous to human life, property, or
infrastructure; and
(ii) appears to be intended-
(A) to intimidate or coerce a
civilian population;
(B) to influence the policy of a
government by intimidation or coercion;
or
(C) to affect the conduct of a
government by mass destruction,
assassination, kidnapping, or hostage-
taking.
Sec. 4. I hereby determine that the making of donations of the
type of articles specified in section 203(b)(2) of IEEPA (50
U.S.C. 1702(b)(2)), by, to, or for the benefit of, any persons
determined to be subject to this order would seriously impair
my ability to deal with the national emergency declared in this
order, and would endanger Armed Forces of the United States
that are in a situation where imminent involvement in
hostilities is clearly indicated by the circumstances, and I
hereby prohibit such donations as provided by section 1 of this
order. Furthermore, I hereby determine that the Trade Sanctions
Reform and Export Enhancement Act of 2000 (Title IX, Public Law
106-387) shall not affect the imposition or the continuation of
the imposition of any unilateral agricultural sanction or
unilateral medical sanction on any person determined to be
subject to this order because imminent involvement of the Armed
Forces of the United States in hostilities is clearly indicated
by the circumstances.
Sec. 5. With respect to those persons designated pursuant to
subsection 1(d) of this order, the Secretary of the Treasury,
in the exercise of his discretion and in consultation with the
Secretary of State, the Secretary of Homeland Security, and the
Attorney General, may take such other actions than the complete
blocking of property or interests in property as the President
is authorized to take under IEEPA and UNPA if the Secretary of
the Treasury, in consultation with the Secretary of State, the
Secretary of Homeland Security, and the Attorney General, deems
such other actions to be consistent with the national interests
of the United States, considering such factors as he deems
appropriate.
Sec. 6. The Secretary of State, the Secretary of the Treasury,
and other appropriate agencies shall make all relevant efforts
to cooperate and coordinate with other countries, including
through technical assistance, as well as bilateral and
multilateral agreements and arrangements, to achieve the
objectives of this order, including the prevention and
suppression of acts of terrorism, the denial of financing and
financial services to terrorists and terrorist organizations,
and the sharing of intelligence about funding activities in
support of terrorism.
Sec. 7. The Secretary of the Treasury, in consultation with the
Secretary of State, the Secretary of Homeland Security, and the
Attorney General, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to
employ all powers granted to the President by IEEPA and UNPA as
may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government.
All agencies of the United States Government are hereby
directed to take all appropriate measures within their
authority to carry out the provisions of this order.
Sec. 8. Nothing in this order is intended to affect the
continued effectiveness of any rules, regulations, orders,
licenses, or other forms of administrative action issued,
taken, or continued in effect heretofore or hereafter under 31
C.F.R. chapter V, except as expressly terminated, modified, or
suspended by or pursuant to this order.
Sec. 9. Nothing contained in this order is intended to create,
nor does it create, any right, benefit, or privilege,
substantive or procedural, enforceable at law by a party
against the United States, its agencies, officers, employees or
any other person.
Sec. 10. For those persons listed in the Annex to this order or
determined to be subject to this order who might have a
constitutional presence in the United States, I find that
because of the ability to transfer funds or assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to this order would render these measures
ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in
this order, there need be no prior notice of a listing or
determination made pursuant to this order.
Sec. 11.
(a) This order is effective at 12:01 a.m. eastern
daylight time on September 24, 2001.
(b) This order shall be transmitted to the Congress
and published in the Federal Register.
Annex
Al Qaida / Islamic Army
Abu Sayyaf Group
Armed Islamic Group (GIA)
Harakat ul-Mujahidin (HUM)
Al-Jihad (Egyptian Islamic Jihad)
Islamic Movement of Uzbekistan (IMU)
Asbat al-Anser
Salafist Group for Call and Combat (GSPC)
Libyan Islamic Fighting Group
Al-Ithihaad al-Islamiya (AIAI)
Islamic Army of Aden
Usama bin Laden
Muhhamd Atif (aka, Subhi Abu Sitta, Abu Hafa Masri)
Sayf al-Adi
Shaykh Sai'id (aka, Mustafa Muhammad Ahmed)
Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid,
Khalis Al-Shanqiti)
Ibn Al-Shaykh al-Libi
Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)
Abd al-Hadi al-Iraqi (aka, Abu Abdallah)
Ayman al-Zawahiri
Thirwat Salah Shihata
Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)
Muhammaf Salah (aka, Nasr Gahmi Nasr Hasanayn)
Makhtab Al-Khidanat / Al Kifah
Wafa Humanitarian Organization
Al Rashid Trust
Mamoun Darkazanli Import-Export Company
Mohammed Omar (aka, Amir al-Mumineen [Commander of the
Faithful])
The Taliban
Executive Order 13268 of July 2, 2002. Termination of
Emergency With Respect to the Taliban andAmendment of Executive
Order 13224 of September 23, 2001 [Sec. 2. For the purposes of
this order and Executive Order 13224 of September 23, 2001, the
term ``the Taliban'' is also known as the `Taleban,'' ``Islamic
Movement of Taliban,'' ``the Taliban Islamic Movement,''
``Talibano Islami Tahrik,'' and ``Tahrike Islami'a Taliban''.
The Secretary of State, in consultation with the Secretary of
the Treasury, is hereby authorized to modify the definition of
the term ``the Taliban,'' as appropriate.]
Executive Order 13228
Establishing the Office of Homeland Security and Homeland
Security Council
(As amended by EO 13284, EO 13286)
=======================================================================
Signed: October 8, 2001
Federal Register page and date: 66 FR 51812, October 10, 2001
Amended by: EO 13284, January 23, 2003
EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it
is hereby ordered as follows:
Section 1. Establishment.
I hereby establish within the Executive Office of the
President an Office of Homeland Security (the ``Office'') to be
headed by the Assistant to the President for Homeland Security.
Sec. 2. Mission. The mission of the Office shall be to develop
and coordinate the implementation of a comprehensive national
strategy to secure the United States from terrorist threats or
attacks. The Office shall perform the functions necessary to
carry out this mission, including the functions specified in
section 3 of this order.
Sec. 3. Functions. The functions of the Office shall be to
coordinate the executive branch's efforts to detect, prepare
for, prevent, protect against, respond to, and recover from
terrorist attacks within the United States.
(a) National Strategy. The Office shall work with
executive departments and agencies, State and local
governments, and private entities to ensure the
adequacy of the national strategy for detecting,
preparing for, preventing, protecting against,
responding to, and recovering from terrorist threats or
attacks within the United States and shall periodically
review and coordinate revisions to that strategy as
necessary.
(b) Detection. The Office shall identify priorities
and coordinate efforts for collection and analysis of
information within the United States regarding threats
of terrorism against the United States and activities
of terrorists or terrorist groups within the United
States. The Office also shall identify, in coordination
with the Assistant to the President for National
Security Affairs, priorities for collection of
intelligence outside the United States regarding
threats of terrorism within the United States.
(i) In performing these functions, the
Office shall work with Federal, State, and
local agencies, as appropriate, to:
(A) facilitate collection from
State and local governments and private
entities of information pertaining to
terrorist threats or activities within
the United States;
(B) coordinate and prioritize the
requirements for foreign intelligence
relating to terrorism within the United
States of executive departments and
agencies responsible for homeland
security and provide these requirements
and priorities to the Director of
Central Intelligence and other agencies
responsible for collection of foreign
intelligence;
(C) coordinate efforts to ensure
that all executive departments and
agencies that have intelligence
collection responsibilities have
sufficient technological capabilities
and resources to collect intelligence
and data relating to terrorist
activities or possible terrorist acts
within the United States, working with
the Assistant to the President for
National Security Affairs, as
appropriate;
(D) coordinate development of
monitoring protocols and equipment for
use in detecting the release of
biological, chemical, and radiological
hazards; and
(E) ensure that, to the extent
permitted by law, all appropriate and
necessary intelligence and law
enforcement information relating to
homeland security is disseminated to
and exchanged among appropriate
executive departments and agencies
responsible for homeland security and,
where appropriate for reasons of
homeland security, promote exchange of
such information with and among State
and local governments and private
entities.
(ii) Executive departments and agencies
shall, to the extent permitted by law, make
available to the Office all information
relating to terrorist threats and activities
within the United States.
(c) Preparedness. The Office of Homeland Security
shall coordinate national efforts to prepare for and
mitigate the consequences of terrorist threats or
attacks within the United States. In performing this
function, the Office shall work with Federal, State,
and local agencies, and private entities, as
appropriate, to:
(i) review and assess the adequacy of the
portions of all Federal emergency response
plans that pertain to terrorist threats or
attacks within the United States;
(ii) coordinate domestic exercises and
simulations designed to assess and practice
systems that would be called upon to respond to
a terrorist threat or attack within the United
States and coordinate programs and activities
for training Federal, State, and local
employees who would be called upon to respond
to such a threat or attack;
(iii) coordinate national efforts to ensure
public health preparedness for a terrorist
attack, including reviewing vaccination
policies and reviewing the adequacy of and, if
necessary, increasing vaccine and
pharmaceutical stockpiles and hospital
capacity;
(iv) coordinate Federal assistance to State
and local authorities and nongovernmental
organizations to prepare for and respond to
terrorist threats or attacks within the United
States;
(v) ensure that national preparedness
programs and activities for terrorist threats
or attacks are developed and are regularly
evaluated under appropriate standards and that
resources are allocated to improving and
sustaining preparedness based on such
evaluations; and
(vi) ensure the readiness and coordinated
deployment of Federal response teams to respond
to terrorist threats or attacks, working with
the Assistant to the President for National
Security Affairs, when appropriate.
(d) Prevention. The Office shall coordinate efforts
to prevent terrorist attacks within the United States.
In performing this function, the Office shall work with
Federal, State, and local agencies, and private
entities, as appropriate, to:
(i) facilitate the exchange of information
among such agencies relating to immigration and
visa matters and shipments of cargo; and,
working with the Assistant to the President for
National Security Affairs, ensure coordination
among such agencies to prevent the entry of
terrorists and terrorist materials and supplies
into the United States and facilitate removal
of such terrorists from the United States, when
appropriate;
(ii) coordinate efforts to investigate
terrorist threats and attacks within the United
States; and
(iii) coordinate efforts to improve the
security of United States borders, territorial
waters, and airspace in order to prevent acts
of terrorism within the United States, working
with the Assistant to the President for
National Security Affairs, when appropriate.
(e) Protection. The Office shall coordinate efforts
to protect the United States and its critical
infrastructure from the consequences of terrorist
attacks. In performing this function, the Office shall
work with Federal, State, and local agencies, and
private entities, as appropriate, to:
(i) strengthen measures for protecting
energy production, transmission, and
distribution services and critical facilities;
other utilities; telecommunications; facilities
that produce, use, store, or dispose of nuclear
material; and other critical infrastructure
services and critical facilities within the
United States from terrorist attack;
(ii) coordinate efforts to protect critical
public and privately owned information systems
within the United States from terrorist attack;
(iii) develop criteria for reviewing
whether appropriate security measures are in
place at major public and privately owned
facilities within the United States;
(iv) coordinate domestic efforts to ensure
that special events determined by appropriate
senior officials to have national significance
are protected from terrorist attack;
(v) coordinate efforts to protect
transportation systems within the United
States, including railways, highways, shipping,
ports and waterways, and airports and civilian
aircraft, from terrorist attack;
(vi) coordinate efforts to protect United
States livestock, agriculture, and systems for
the provision of water and food for human use
and consumption from terrorist attack; and
(vii) coordinate efforts to prevent
unauthorized access to, development of, and
unlawful importation into the United States of,
chemical, biological, radiological, nuclear,
explosive, or other related materials that have
the potential to be used in terrorist attacks.
(f) Response and Recovery. The Office shall
coordinate efforts to respond to and promote recovery
from terrorist threats or attacks within the United
States. In performing this function, the Office shall
work with Federal, State, and local agencies, and
private entities, as appropriate, to:
(i) coordinate efforts to ensure rapid
restoration of transportation systems, energy
production, transmission, and distribution
systems; telecommunications; other utilities;
and other critical infrastructure facilities
after disruption by a terrorist threat or
attack;
(ii) coordinate efforts to ensure rapid
restoration of public and private critical
information systems after disruption by a
terrorist threat or attack;
(iii) work with the National Economic
Council to coordinate efforts to stabilize
United States financial markets after a
terrorist threat or attack and manage the
immediate economic and financial consequences
of the incident;
(iv) coordinate Federal plans and programs
to provide medical, financial, and other
assistance to victims of terrorist attacks and
their families; and
(v) coordinate containment and removal of
biological, chemical, radiological, explosive,
or other hazardous materials in the event of a
terrorist threat or attack involving such
hazards and coordinate efforts to mitigate the
effects of such an attack.
(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.
(h) Continuity of Government. The Assistant to the
President for Homeland Security, in coordination with
the Assistant to the President for National Security
Affairs, shall review plans and preparations for
ensuring the continuity of the Federal Government in
the event of a terrorist attack that threatens the
safety and security of the United States Government or
its leadership.
(i) Public Affairs. The Office, subject to the
direction of the White House Office of Communications,
shall coordinate the strategy of the executive branch
for communicating with the public in the event of a
terrorist threat or attack within the United States.
The Office also shall coordinate the development of
programs for educating the public about the nature of
terrorist threats and appropriate precautions and
responses.
(j) Cooperation with State and Local Governments
and Private Entities. The Office shall encourage and
invite the participation of State and local governments
and private entities, as appropriate, in carrying out
the Office's functions.
(k) Review of Legal Authorities and Development of
Legislative Proposals. The Office shall coordinate a
periodic review and assessment of the legal authorities
available to executive departments and agencies to
permit them to perform the functions described in this
order. When the Office determines that such legal
authorities are inadequate, the Office shall develop,
in consultation with executive departments and
agencies, proposals for presidential action and
legislative proposals for submission to the Office of
Management and Budget to enhance the ability of
executive departments and agencies to perform those
functions. The Office shall work with State and local
governments in assessing the adequacy of their legal
authorities to permit them to detect, prepare for,
prevent, protect against, and recover from terrorist
threats and attacks.
(l) Budget Review. The Assistant to the President
for Homeland Security, in consultation with the
Director of the Office of Management and Budget (the
``Director'') and the heads of executive departments
and agencies, shall identify programs that contribute
to the Administration's strategy for homeland security
and, in the development of the President's annual
budget submission, shall review and provide advice to
the heads of departments and agencies for such
programs. The Assistant to the President for Homeland
Security shall provide advice to the Director on the
level and use of funding in departments and agencies
for homeland security-related activities and, prior to
the Director's forwarding of the proposed annual budget
submission to the President for transmittal to the
Congress, shall certify to the Director the funding
levels that the Assistant to the President for Homeland
Security believes are necessary and appropriate for the
homeland security-related activities of the executive
branch.
Sec. 4. Administration.
(a) The Office of Homeland Security shall be
directed by the Assistant to the President for Homeland
Security.
(b) The Office of Administration within the
Executive Office of the President shall provide
the Office of Homeland Security with such
personnel, funding, and administrative support,
to the extent permitted by law and subject to
the availability of appropriations, as directed
by the Chief of Staff to carry out the
provisions of this order.
(c) Heads of executive departments and
agencies are authorized, to the extent
permitted by law, to detail or assign personnel
of such departments and agencies to the Office
of Homeland Security upon request of the
Assistant to the President for Homeland
Security, subject to the approval of the Chief
of Staff.
Sec. 5. Establishment of Homeland Security Council.
(a) I hereby establish a Homeland Security Council
(the ``Council''), which shall be responsible for
advising and assisting the President with respect to
all aspects of homeland security. The Council shall
serve as the mechanism for ensuring coordination of
homeland security-related activities of executive
departments and agencies and effective development and
implementation of homeland security policies.
(b) The Council shall have as its members the
President, the Vice President, the Secretary of the
Treasury, the Secretary of Defense, the Attorney
General, the Secretary of Health and Human Services,
the Secretary of Transportation, the Secretary of
Homeland Security, the Director of the Federal
Emergency Management Agency, the Director of the
Federal Bureau of Investigation, the Director of
Central Intelligence, the Assistant to the President
for Homeland Security, and such other officers of the
executive branch as the President may from time to time
designate. The Chief of Staff, the Chief of Staff to
the Vice President, the Assistant to the President for
National Security Affairs, the Council to the
President, and the Director of the Office of Management
and Budget also are invited to attend any Council
meeting. The Secretary of State, the Secretary of
Agriculture, the Secretary of the Interior, the
Secretary of Energy, the Secretary of Labor, the
Secretary of Commerce, the Secretary of Veterans
Affairs, the Administrator of the Environmental
Protection Agency, the Assistant to the President for
Economic Policy, and the Assistant to the President for
Domestic Policy shall be invited to attend meetings
pertaining to their responsibilities. The heads of
other executive departments and agencies and other
senior officials shall be invited to attend Council
meetings when appropriate.
(c) The Council shall meet at the President's
direction. When the President is absent from a meeting
of the Council, at the President's direction the Vice
President may preside. The Assistant to the President
for Homeland Security shall be responsible, at the
President's direction, for determining the agenda,
ensuring that necessary papers are prepared, and
recording Council actions and Presidential decisions.
Sec. 6. Original Classification Authority.
I hereby delegate the authority to classify information
originally as Top Secret, in accordance with Executive Order
12958 or any successor Executive Order, to the Assistant to the
President for Homeland Security.
Sec. 7. Continuing Authorities.
This order does not alter the existing authorities of
United States Government departments and agencies, including
the Department of Homeland Security. All executive departments
and agencies are directed to assist the Council and the
Assistant to the President for Homeland Security in carrying
out the purposes of this order.
Sec. 8. General Provisions.
(a) This order does not create any right or
benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its
departments, agencies or instrumentalities, its
officers or employees, or any other person.
(b) References in this order to State and local
governments shall be construed to include tribal
governments and United States territories and other
possessions.
(c) References to the ``United States'' shall be
construed to include United States territories and
possessions.
Sec. 9. Amendments to Executive Order 12656.
Executive Order 12656 of November 18, 1988, as amended, is
hereby further amended as follows:
(a) Section 101(a) is amended by adding at the end
of the fourth sentence: ``, except that the Homeland
Security Council shall be responsible for administering
such policy with respect to terrorist threats and
attacks within the United States.''
(b) Section 104(a) is amended by adding at the end:
``, except that the Homeland Security Council is the
principal forum for consideration of policy relating to
terrorist threats and attacks within the United
States.''
(c) Section 104(b) is amended by inserting the
words ``and the Homeland Security Council'' after the
words ``National Security Council.''
(d) The first sentence of section 104(c) is amended
by inserting the words ``and the Homeland Security
Council'' after the words ``National Security
Council.''
(e) The second sentence of section 104(c) is
replaced with the following two sentences: ``Pursuant
to such procedures for the organization and management
of the National Security Council and Homeland Security
Council processes as the President may establish, the
Director of the Federal Emergency Management Agency
also shall assist in the implementation of and
management of those processes as the President may
establish. The Director of the Federal Emergency
Management Agency also shall assist in the
implementation of national security emergency
preparedness policy by coordinating with the other
Federal departments and agencies and with State and
local governments, and by providing periodic reports to
the National Security Council and the Homeland Security
Council on implementation of national security
emergency preparedness policy.''
(f) Section 201(7) is amended by inserting the
words ``and the Homeland Security Council'' after the
words ``National Security Council.''
(g) Section 206 is amended by inserting the words
``and the Homeland Security Council'' after the words
``National Security Council.''
(h) Section 208 is amended by inserting the words
``or the Homeland Security Council'' after the words
``National Security Council.''
Executive Order 13231
Critical Infrastructure Protection in the Information Age
(As Amended by EO 13284)
=======================================================================
Signed: October 16, 2001
Federal Register page and date: 66 FR 53063, October 18, 2001
Revokes: EO 13130, July 14, 1999
Amended by: EO 13284, January 23, 2003
EO 13286, February 28, 2003
EO 13316, September 17, 2003
EO 13385, September 29, 2005
=======================================================================
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 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
the critical infrastructure sectors and their information
systems.
(a) Membership. The NIAC shall be composed of not
more than 30 members appointed by the President, taking
appropriate account of the benefits of having members
(i) from the private sector, including but
not limited to banking and finance,
transportation, energy, communications, and
emergency services organizations and
institutions of higher learning, and State,
local, and tribal governments,
(ii) with senior leadership
responsibilities for the reliability and
availability, which include security, of the
critical infrastructure and key resource
sectors,
(iii) with expertise relevant to the
functions of the NIAC, and
(iv) with experience equivalent to that of
a chief executive of an organization. Unless
otherwise determined by the President, no
fulltime officer or employee of the executive
branch shall be appointed to serve as a member
of the NIAC. The President shall designate from
among the members of the NIAC a Chair and a
Vice Chair, who shall perform the functions of
the Chair if the Chair is absent, disabled, or
in the instance of a vacancy in the Chair.
(b) Functions of the NIAC. The NIAC shall meet
periodically to:
(i) enhance the partnership of the public
and private sectors in protecting critical
infrastructures and their information systems
and provide reports on this issue to the
President through the Secretary of Homeland
Security, as appropriate;
(ii) propose and develop ways to encourage
private industry to perform periodic risk
assessments;
(iii) monitor the development and
operations of private sector coordinating
councils and their information sharing
mechanisms and provide recommendations to the
President through the Secretary of Homeland
Security on how these organizations can best
foster improved cooperation among the sectors,
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 and Counterterrorism, 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 sector specific agencies with
critical infrastructure responsibilities to
include issues pertaining to sector and
government coordinating councils and their
information sharing mechanisms.
In implementing this order, the NIAC shall not advise
or otherwise act on matters pertaining to National
Security and Emergency Preparedness (NS/EP)
Communications and, with respect to any matters to
which the NIAC is authorized by this order to provide
advice or otherwise act on that may depend upon or
affect NS/EP Communications, shall coordinate with the
National Security and Telecommunications Advisory
Committee established by Executive Order 12382, as
amended.
(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 September
30, 2007, 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.
Executive Order 13254
Establishing the USA Freedom Corps
(As amended by EO 13286)
=======================================================================
Signed: January 29, 2002
Federal Register page and date: 67 FR 4869, February 1, 2002
Amended: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it
is hereby ordered as follows:
Section 1. Policy. Building on our Nation's rich tradition of
citizen service, this Administration's policy is to foster a
culture of responsibility, service, and citizenship by
promoting, expanding, and enhancing public service
opportunities for all Americans and by making these
opportunities readily available to citizens from all geographic
areas, professions, and walks of life. More specifically, this
Administration encourages all Americans to serve their country
for the equivalent of at least 2 years (4,000 hours) over their
lifetimes. Toward those ends, the executive departments,
agencies, and offices constituting the USA Freedom Corps shall
coordinate and strengthen Federal and other service
opportunities, including opportunities for participation in
homeland security preparedness and response, other areas of
public and social service, and international service. The
executive branch departments, agencies, and offices also will
work with State and local governments and private entities to
foster and encourage participation in public and social service
programs, as appropriate.
Sec. 2. USA Freedom Corps. The USA Freedom Corps shall be an
interagency initiative, bringing together executive branch
departments, agencies, and offices with public service programs
and components, including but not limited to programs and
components with the following functions:
(i) recruiting, mobilizing, and encouraging all
Americans to engage in public service;
(ii) providing concrete opportunities to engage in
public service;
(iii) providing the public with access to
information about public service opportunities through
Federal programs and elsewhere; and
(iv) providing recognition and awards to volunteers
and other participants in public service programs.
Sec. 3. USA Freedom Corps Council.
(a) Establishment and Mission. There shall be a USA
Freedom Corps Council (Council) chaired by the
President and composed of heads of executive branch
departments, agencies, and offices, which shall have
the following functions:
(i) serving as a forum for Federal
officials responsible for public service
programs to coordinate and improve public
service programs and activities administered by
the executive branch;
(ii) working to encourage all Americans to
engage in public service, whether through
Federal programs or otherwise;
(iii) advising the President and heads of
executive branch departments, agencies, and
offices concerning the optimization of current
Federal programs to enhance public service
opportunities;
(iv) coordinating public outreach and
publicity of citizen service opportunities
provided by Federal programs;
(v) encouraging schools, universities,
private public service organizations, and other
non-Federal entities to foster and reward
public service;
(vi) studying the availability of public
service opportunities provided by the Federal
Government and elsewhere; and (vii) tracking
progress in participation in public service
programs.
(b) Membership. In addition to the Chair, the
members of the Council shall be the heads of the
executive branch departments, agencies, and offices
listed below, or their designees, and such other
officers of the executive branch as the President may
from time to time designate. Every member of the
Council or designee shall be a full-time or permanent
part-time officer or employee of the Federal
Government. Members shall not be compensated for their
service on the Council in addition to the salaries they
receive as employees or officers of the Federal
Government.
(i) Vice President;
(ii) Attorney General;
(iii) Secretary of State;
(iv) Secretary of Health and Human
Services;
(v) Secretary of Commerce;
(vi) Secretary of Education;
(vii) Secretary of Veterans Affairs;
(viii) Secretary of Homeland Security;
(ix) Chief Executive Officer of the
Corporation for National and Community Service;
(x) Director of the Peace Corps;
(xi) Administrator of the United States
Agency for International Development;
(xii) Director of the USA Freedom Corps
Office; and
(xiii) Director of the Office of Faith-
Based and Community Initiatives.
(c) Chair. The President shall be the Chair of the
USA Freedom Corps Council, and in his absence, the Vice
President shall serve as Chair. The Director of the USA
Freedom Corps Office may, at the President's direction,
preside over meetings of the Council in the President's
and Vice President's absence.
(d) Honorary Co-Chair. The President may, from time
to time, designate an Honorary Co-Chair or Co-Chairs,
who shall serve in an advisory role to the Council and
to the President on matters considered by the Council.
Any Honorary Co-Chair shall be a full-time or permanent
part-time employee or officer of the Federal
Government.
(e) Meetings. The Council shall meet at the
President's direction. The Director of the USA Freedom
Corps Office shall be responsible, at the President's
direction, for determining the agenda, ensuring that
necessary papers are prepared, and recording Council
actions and Presidential decisions.
(f) Responsibilities of Executive Branch
Departments, Agencies, and Offices.
(i) Members of the Council shall remain
responsible for overseeing the programs
administered by their respective departments,
agencies, and offices. Each such department,
agency, and office will retain its authority
and responsibility to administer those programs
according to law;
(ii) Each executive branch department,
agency, or office with responsibility for
programs relating to the functions and missions
of the USA Freedom Corps as described in
section 2 of this order shall be responsible
for identifying those public service
opportunities and coordinating with the USA
Freedom Corps Council to ensure that such
programs are, if appropriate, publicized and
encouraged by the Council; and
(iii) Upon the request of the Chair, and to
the extent permitted by law, the heads of
executive branch departments and agencies shall
provide the Council with relevant information.
Sec. 4. USA Freedom Corps Office.
(a) General. The USA Freedom Corps also shall be
supported by a USA Freedom Corps Office (Office), which
shall be a component of the White House Office. The USA
Freedom Corps Office shall have a Director who shall be
appointed by the President. The Director shall be
assisted by an appropriate staff within the White House
Office.
(b) Presidential Recognition to Participants in USA
Freedom Corps Programs. In addition to supporting and
facilitating the functions of the Council listed in
section 3 of this order, the Office shall support the
President in providing recognition to volunteers and
other participants in programs and activities relating
to the functions and missions of the USA Freedom Corps
as described in section 2 of this order.
Sec. 5. General Provisions.
(a) The White House Office shall provide the
Council and Office with such funding and administrative
support, to the extent permitted by law and subject to
the availability of appropriations, as directed by the
Chief of Staff to the President to carry out the
provisions of this order.
(b) This order does not alter the existing
authorities or roles of executive branch departments,
agencies, or offices. Nothing in this order shall
supersede any requirement made by or under law.
(c) This order does not create any right or
benefit, substantive or procedural, enforceable at law
or equity, against the United States, its departments,
agencies, or other entities, its officers or employees,
or any other person.
Executive Order 13257
Presidents Interagency Task Force to Monitor and Combat
Trafficking in Persons
(As Amended By EO 13333)
----------
=======================================================================
Signed: February 13, 2002
Federal Register page and date: 67 FR 7259, February 19, 2001
Amended by: EO 13333, March 18. 2004
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Trafficking Victims Protection Act of 2000, (22
U.S.C. 7101 et seq.) (the ``Act'') and section 301 of title 3,
United States Code, and in order to combat trafficking in
persons, a contemporary manifestation of slavery whose victims
are predominantly women and children, to ensure just and
effective punishment of traffickers, and to protect their
victims, it is hereby ordered as follows:
Section 1.
(a) The President's Interagency Task Force to
Monitor and Combat Trafficking in Persons is hereby
established.
(b) The Task Force shall consist of:
(i) the Secretary of State;
(ii)the Attorney General;
(iii) the Secretary of Labor;
(iv) the Secretary of Health and Human
Services;
(v) the Director of Central Intelligence;
(vi) the Director of the Office of
Management and Budget;
(vii) the Administrator of the United
States Agency for International Development;
and
(viii) any additional officers or employees
of the United States as may be designated by
the President.
(c) The Task Force shall be chaired by the
Secretary of State.
Sec. 2. Activities.
The Task Force shall, consistent with applicable law and
the constitutional authorities and duties of the President,
carry out the following activities:
(a) coordinate the implementation of the Act;
(b) measure and evaluate progress of the United
States and other countries in the areas of trafficking
in persons prevention, protection, and assistance to
victims of trafficking in persons, and prosecutions and
other enforcement efforts against traffickers,
including the role of public corruption in facilitating
trafficking in persons;
(c) assist the Secretary of State in the
preparation of the annual reports described in section
110 of the Act;
(d) expand interagency procedures to collect and
organize data, including significant research and
resource information on domestic and international
trafficking in persons, while ensuring that any data
collection procedures involved, respect the
confidentiality of victims of trafficking in persons;
(e) engage in efforts to facilitate cooperation
among countries of origin, transit, and destination,
and such efforts shall aim to strengthen local and
regional capacities to prevent trafficking in persons,
prosecute traffickers and assist trafficking victims;
shall include initiatives to enhance cooperative
efforts between destination countries, transit
countries, and countries of origin; and shall assist in
the appropriate reintegration of stateless victims of
trafficking in persons;
(f) examine the role of the international ``sex
tourism'' industry in the trafficking of persons and in
the sexual exploitation of women and children around
the world;
(g) engage in consultation and advocacy with
governmental and nongovernmental organizations, among
other entities, to advance the purposes of the Act; and
(h) address such other matters related to the
purposes of the Act as the President may determine.
Sec. 3. Administration.
(a) The Department of State shall provide funding
and administrative support for the Task Force, except
as otherwise provided by the Act.
(b) At the call of the Chair, the Task Force shall
meet as necessary to accomplish its mission.
(c) Task Force members may designate
representatives from their respective agencies to
represent them at Task Force meetings.
(d) Whenever the work of the Task Force involves a
matter committed by law or Presidential directive to
the consideration of the National Security Council, or
by Executive Order 13228 of October 8, 2001, to the
consideration of the Homeland Security Council, that
work shall be undertaken, and any communication by the
Secretary of State to the President shall be
undertaken, in a manner consistent with such law,
Presidential directive, or Executive Order.
(e) The Task Force shall have no directive
authority or other substantial independent authority.
(f) As necessary and appropriate, the Task Force
shall report to the President, through the Secretary of
State, the following:
(i) progress on the implementation of the
Act; and
(ii) recommendations for United States
policy to monitor and eliminate trafficking in
persons and to protect the victims of
trafficking in persons.
Sec. 4. Guidelines, Policies, and Regulations.
(a) The Senior Policy Operating Group (SPOG),
described in subsection 105(f) of the Act, shall
(i) establish guidelines and policies to
coordinate the activities of executive branch
departments and agencies regarding policies
(including grants and grant policies) involving
the international trafficking in persons and
(ii) advise the Secretary of State what
regulations may be necessary to implement
section 105 of the Act, including such
regulations as may be necessary to carry out
the sharing of information on all matters
relating to grants, grant policies, or other
significant actions regarding the international
trafficking in persons as set forth in
subsection 105(f)(4) of the Act, to the extent
permitted by law.
(b) The Secretary of State, in consultation with
the members of the Task Force or their representatives,
shall promulgate regulations to implement section 105
of the Act.
Sec. 5. Enhanced Prevention of Trafficking in Persons.
(a) The Secretary of State, in consultation with
the members of the Task Force or their representatives,
shall carry out the functions under subsection 106(c)
and subsection 106(d) of the Act.
(b) The Secretary of State shall have the authority
to determine, under section 106(e)(1) of the Act,
foreign destinations where sex tourism is significant.
The Secretary of Homeland Security, in consultation
with the members of the Task Force or their
representatives and appropriate officials of the
Departments of Commerce and Transportation, shall carry
out all other functions under subsection 106(e) of the
Act, including promulgation of any appropriate
regulations relating to the distribution of the
materials described in subsection 106(e).
(c) The head of each executive branch agency
responsible for the establishment and conduct of
initiatives and programs described in subsections
106(a) through (e) of the Act shall consult with
appropriate nongovernmental organizations consistent
with section 106(f) of the Act.
(d) The Secretary of State shall have
responsibility to initiate appropriate regulatory
implementation of the requirements set out in section
106(g) of the Act with respect to contracts, including
proposing appropriate amendments to the Federal
Acquisition Regulation. Each affected executive branch
department or agency shall implement, within that
department or agency, the requirements set out in
section 106(g) of the Act with respect to grants and
cooperative agreements.
Sec. 6. Research on Trafficking in Persons.
The entities named in section 112A of the Act shall carry
out the research initiatives required by section 112A of the
Act, and shall award grants according to such policies and
guidelines as may be established by the SPOG described in
section 105(f) of the Act, as well as any applicable agency
rules and regulations.
Sec. 7. Guidance for Exercising Authority and Performing
Duties.
In exercising authority delegated by, or performing
functions assigned in, this order, officers of the United
States shall ensure that all actions taken by them are
consistent with the President's constitutional authority to:
(a) conduct the foreign affairs of the United
States;
(b) withhold information the disclosure of which
could impair the foreign relations, the national
security, the deliberative processes of the Executive,
or the performance of the Executive's constitutional
duties;
(c) recommend for congressional consideration such
measures as the President may judge necessary or
expedient; and
(d) supervise the unitary Executive Branch.
Sec. 8. Judicial Review.
This order does not create any rights or benefits,
enforceable at law or equity, against the United States, its
departments, its agencies, or other entities, its officers or
employees, or any other person.
Executive Order 13267
Establishing a Transition Planning Office for the Department of
Homeland Security Within the Office of Management and Budget
=======================================================================
Signed: June 20, 2002
Federal Register page and date: 67 FR 42469, Juine 24, 2002
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it
is hereby ordered as follows:
Section 1. Establishment.
I hereby establish within the Office of Management and
Budget (OMB) a Transition Planning Office for the Department of
Homeland Security (the ``Transition Planning Office''), to be
headed by the Director of the Transition Planning Office for
the Department of Homeland Security (the ``Director for
Transition Planning'').
Sec. 2. Missions. The missions of the Transition Planning
Office shall be to:
(a) coordinate, guide, and conduct transition and
related planning throughout the executive branch of the
United States Government in preparation for
establishment of the proposed Department of Homeland
Security; and
(b) consistent with Presidential guidance, work
with the Congress as it considers legislation to
establish that Department.
Sec. 3. Administration.
(a) The Director of OMB shall ensure that the
Transition Planning Office receives appropriate
personnel (including detailees and assignees, as
appropriate), funding, and administrative support for
the Office, subject to the availability of
appropriations. The Director of OMB is authorized to
make expenditures under section 522 of title 31, United
States Code, as may be appropriate to carry out this
order.
(b) If an individual who is an Assistant to the
President is appointed to serve simultaneously as
Director for Transition Planning, the functioning,
personnel, funds, records, and property of the office
of the Assistant to the President and the office of the
Director for Transition Planning shall be kept separate
in the same manner as if the two offices were headed by
two different individuals.
Sec. 4. Other Departments and Agencies.
This order does not alter the existing authorities of
United States Government departments and agencies. In carrying
out the missions set forth in section 2 of this order, all
executive departments and agencies are directed to assist the
Director for Transition Planning and the Transition Planning
Office to the extent permitted by law.
Sec. 5. Termination.
The Transition Planning Office, and all the authorities of
this order, shall terminate within 90 days after the date on
which legislation creating the Department of Homeland Security
is enacted, or within 1 year of the date of this order,
whichever occurs first.
Executive Order 13274
Environmental Stewardship and Transportation Infrastructure
Project Reviews
(As amended by EO 13286)
=======================================================================
Signed: September 18, 2002
Federal Register page and date: 67 FR 59449, September 23, 2002
Amended by: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
to enhance environmental stewardship and streamline the
environmental review and development of transportation
infrastructure projects, it is hereby ordered as follows:
Section 1. Policy. The development and implementation of
transportation infrastructure projects in an efficient and
environmentally sound manner is essential to the well-being of
the American people and a strong American economy. Executive
departments and agencies (agencies) shall take appropriate
actions, to the extent consistent with applicable law and
available resources, to promote environmental stewardship in
the Nation's transportation system and expedite environmental
reviews of high-priority transportation infrastructure
projects.
Sec. 2. Actions.
(a) For transportation infrastructure projects,
agencies shall, in support of the Department of
Transportation, formulate and implement administrative,
policy, and procedural mechanisms that enable each
agency required by law to conduct environmental reviews
(reviews) with respect to such projects to ensure
completion of such reviews in a timely and
environmentally responsible manner.
(b) In furtherance of the policy set forth in
section 1 of this order, the Secretary of
Transportation, in coordination with agencies as
appropriate, shall advance environmental stewardship
through cooperative actions with project sponsors to
promote protection and enhancement of the natural and
human environment in the planning, development,
operation, and maintenance of transportation facilities
and services.
(c) The Secretary of Transportation shall designate
for the purposes of this order a list of high-priority
transportation infrastructure projects that should
receive expedited agency reviews and shall amend such
list from time to time as the Secretary deems
appropriate. For projects on the Secretary's list,
agencies shall to the maximum extent practicable
expedite their reviews for relevant permits or other
approvals, and take related actions as necessary,
consistent with available resources and applicable
laws, including those relating to safety, public
health, and environmental protection.
Sec. 3. Interagency Task Force.
(a) Establishment. There is established, within the
Department of Transportation for administrative
purposes, the interagency ``Transportation
Infrastructure Streamlining Task Force'' (Task Force)
to:
(i) monitor and assist agencies in their
efforts to expedite a review of transportation
infrastructure projects and issue permits or
similar actions, as necessary;
(ii) review projects, at least quarterly,
on the list of priority projects pursuant to
section 2(c) of this order; and
(iii) identify and promote policies that
can effectively streamline the process required
to provide approvals for transportation
infrastructure projects, in compliance with
applicable law, while maintaining safety,
public health, and environmental protection.
(b) Membership and Operation. The Task Force shall
promote interagency cooperation and the establishment
of appropriate mechanisms to coordinate Federal, State,
tribal, and local agency consultation, review,
approval, and permitting of transportation
infrastructure projects. The Task Force shall consist
exclusively of the following officers of the United
States: the Secretary of Agriculture, ecretary of
Commerce, Secretary of Transportation (who shall chair
the Task Force), Secretary of the Interior, Secretary
of Defense, Secretary of Homeland Security,
Administrator of the Environmental Protection Agency,
Chairman of the Advisory Council on Historic
Preservation, and Chairman of the Council on
Environmental Quality. A member of the Task Force may
designate, to perform the Task Force functions of the
member, any person who is part of the member's
department, agency, or office and who is either an
officer of the United States appointed by the President
with the advice and consent of the Senate or a member
of the Senior Executive Service. The Task Force shall
report to the President through the Chairman of the
Council on Environmental Quality.
Sec. 4. Report. At least once each year, the Task Force shall
submit to the President a report that: (a) Describes the
results of the coordinated and expedited reviews on a project-
by-project basis, and identifies those procedures and actions
that proved to be most useful and appropriate in coordinating
and expediting the review of the projects.
(b) Identifies substantive and procedural
requirements of Federal, State, tribal, and local laws,
regulations, and Executive Orders that are inconsistent
with, duplicative of, or are structured so as to
restrict their efficient implementation with other
applicable requirements.
(c) Makes recommendations regarding those
additional actions that could be taken to:
(i) address the coordination and expediting
of reviews of transportation infrastructure
projects by simplifying and harmonizing
applicable substantive and procedural
requirements; and
(ii) elevate and resolve controversies
among Federal, State, tribal, and local
agencies related to the review or impacts of
transportation infrastructure projects in a
timely manner.
(d) Provides any other recommendations that would,
in the judgement of the Task Force, advance the policy
set forth in section 1 of this order.
Sec. 5. Preservation of Authority. Nothing in this order shall
be construed to impair or otherwise affect the functions of the
Director of the Office of Management and Budget relating to
budget, administrative, and legislative proposals.
Sec. 6. Judicial Review. 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 equity by a
party against the United States, its departments, agencies,
instrumentalities or entities, its officers or employees, or
any other person.
Executive Order 13276
Delegation of Responsibilities Concerning Undocumented Aliens
Interdicted or Intercepted in the Caribbean Region
(As amended by EO 13383, EO 13475)
=======================================================================
Signed: November 15, 2002
Federal Register page and date: 67 FR 69985, November 19, 2002
Amends: EO 13286, February 28, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 212(f) and 215(a)(1) of the Immigration and
Nationality Act, as amended (8 U.S.C. 1182(f) and 1185(a)(1)),
and section 301 of title 3, United States Code, and in order to
delegate appropriate responsibilities to Federal agencies for
responding to migration of undocumented aliens in the Caribbean
region, it is hereby ordered:
Section 1. Duties and Authorities of Agency Heads. Consistent
with applicable law,
(a)(i) The Attorney General may maintain custody,
at any location he deems appropriate, of any
undocumented aliens he has reason to believe are
seeking to enter the United States and who are
interdicted or intercepted in the Caribbean region. In
this regard, the Attorney General shall provide and
operate a facility, or facilities, to house and provide
for the needs of any such aliens. Such a facility may
be located at Guantanamo Bay Naval Base or any other
appropriate location.
(ii) The Attorney General may conduct any
screening of such aliens that he deems
appropriate, including screening to determine
whether such aliens should be returned to their
country of origin or transit, or whether they
are persons in need of protection who should
not be returned without their consent. If the
Attorney General institutes such screening,
then until a determination is made, the
Attorney General shall provide for the custody,
care, safety, transportation, and other needs
of the aliens. The Attorney General shall
continue to provide for the custody, care,
safety, transportation, and other needs of
aliens who are determined not to be persons in
need of protection until such time as they are
returned to their country of origin or transit.
(b) The Secretary of State shall provide for the
custody, care, safety, transportation, and other needs
of undocumented aliens interdicted or intercepted in
the Caribbean region whom the Attorney General has
identified as persons in need of protection. The
Secretary of State shall provide for and execute a
process for resettling such persons in need of
protection, as appropriate, in countries other than
their country of origin, and shall also undertake such
diplomatic efforts as may be necessary to address the
problem of illegal migration of aliens in the Caribbean
region and to facilitate the return of those aliens who
are determined not to be persons in need of protection.
(c)(i) The Secretary of Defense shall make
available to the Attorney General and the Secretary of
State, for the housing and care of any undocumented
aliens interdicted or intercepted in the Caribbean
region and taken into their custody, any facilities at
Guantanamo Bay Naval Base that are excess to current
military needs and the provision of which does not
interfere with the operation and security of the base.
The Secretary of Defense shall be responsible for
providing access to such facilities and perimeter
security. The Attorney General and the Secretary of
State, respectively, shall be responsible for
reimbursement for necessary supporting utilities.
(ii) In the event of a mass migration in
the Caribbean region, the Secretary of Defense
shall provide support to the Attorney General
and the Secretary of State in carrying out the
duties described in paragraphs (a) and (b) of
this section regarding the custody, care,
safety, transportation, and other needs of the
aliens, and shall assume primary responsibility
for these duties on a nonreimbursable basis as
necessary to contain the threat to national
security posed by the migration. The Secretary
of Defense shall also provide support to the
Coast Guard in carrying out the duties
described in Executive Order 12807 of May 24,
1992, regarding interdiction of migrants.
Sec. 2. Definitions. For purposes of this order, the term
``mass migration'' means a migration of undocumented aliens
that is of such magnitude and duration that it poses a threat
to the national security of the United States, as determined by
the President.
Sec. 3. Scope.
(a) Nothing in this order shall be construed to
impair or otherwise affect the authorities and
responsibilities set forth in Executive Order 12807 of
May 24, 1992.
(b) Nothing in this order shall be construed to
make reviewable in any judicial or administrative
proceeding, or otherwise, any action, omission, or
matter that otherwise would not be reviewable.
(c) This order is intended only to improve the
management of the executive branch. This order is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or equity
or otherwise against the United States, its
departments, agencies, entities, instrumentalities,
officers, employees, or any other person.
(d) Any agency assigned any duties by this order
may use the provisions of the Economy Act, 31 U.S.C.
1535 and 1536, to carry out such duties, to the extent
permitted by such Act.
(e) This order shall not be construed to require
any procedure to determine whether a person is a
refugee or otherwise in need of protection.
Executive Order 13284
Amendment of Executive Orders, and Other Actions, in Connection
with the Establishment of the Department of Homeland Security
=======================================================================
Signed: January 23, 2003
Federal Register page and date: 68 FR 4075, January 28, 2003
Amends: EO 10865, February 20, 1960
EO 11423, August 16, 1968
EO 11958, January 18, 1977
EO 12260, December 31, 1980
EO 12333, December 4, 1981
EO 12590, March 26, 1987
EO 12859, August 16, 1993
EO 12881, November 23, 1993
EO 12992, March 15, 1996
EO 13011, July 16, 1996
EO 13048, June 10, 1997
EO 13122, May 25, 1999
EO 13151, April 27, 2000
EO 13224, September 23, 2001
EO 13228, October 8, 2001
EO 13231, October 16, 2001
EO 13234, November 9, 2001
=======================================================================
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 the National Security Act of 1947, as amended (50
U.S.C. 401 et seq.), and in order to reflect responsibilities
vested in the Secretary of Homeland Security and take other
actions in connection with the establishment of the Department
of Homeland Security, it is hereby ordered as follows:
Section 1. Executive Order 13234 of November 9, 2001
(``Presidential Task Force on Citizen Preparedness in the War
on Terrorism''), is amended by inserting ``the Department of
Homeland Security,'' after ``the Office of Management and
Budget,'' in section 2(a).
Sec. 2. Executive Order 13231 of October 16, 2001 (``Critical
Infrastructure Protection in the Information Age''), is amended
by:
(a) inserting ``(i) Secretary of Homeland
Security;'' after ``or their designees:'' in section
6(a); and
(b) renumbering the subsequent subsections in
section 6(a) appropriately.
Sec. 3. Executive Order 13228 of October 8, 2001
(``Establishing the Office of Homeland Security and the
Homeland Security Council''), is amended by inserting ``the
Secretary of Homeland Security,'' after ``the Secretary of
Transportation,'' in section 5(b). Further, during the period
from January 24, 2003, until March 1, 2003, the Secretary of
Homeland Security shall have the responsibility for
coordinating the domestic response efforts otherwise assigned
to the Assistant to the President for Homeland Security
pursuant to section 3(g) of Executive Order 13228.
Sec. 4. Executive Order 13224 of September 23, 2001 (``Blocking
Property and Prohibiting Transactions with Persons Who Commit,
Threaten to Commit, or Support Terrorism''), as amended, is
further amended by:
(a) inserting ``, the Secretary of Homeland
Security,'' after ``the Secretary of the Treasury'' in
sections 1(b) and 1(d) (the first time it appears); and
(b) inserting ``, the Secretary of Homeland
Security,'' after ``the Secretary of State'' in
sections 1(c) and 1(d) (the second time it appears), 5
(wherever it appears), and 7.
Sec. 5. Executive Order 13151 of April 27, 2000 (``Global
Disaster Information Network''), is amended by:
(a) inserting ``(8) Department of Homeland
Security;'' after ``(7) Department of Energy;'' in
section 2(a); and
(b) renumbering the subsequent subsections in
section 2(a) appropriately.
Sec. 6. Executive Order 13122 of May 25, 1999 (``Interagency
Task Force on the Economic Development of the Southwest
Border''), is amended by inserting ``Secretary of Homeland
Security,'' after ``Secretary of the Treasury,'' in section
1(b).
Sec. 7. Executive Order 13048 of June 10, 1997 (``Improving
Administrative Management in the Executive Branch''), is
amended by:
(a) inserting ``15. Department of Homeland
Security;'' after ``14. Department of Veterans
Affairs;'' in section 1(a); and
(b) renumbering all subsequent subsections in
section 1(a) appropriately.
Sec. 8. Executive Order 12992 of March 15, 1996 (``President's
Council on Counter-Narcotics''), as amended, is further amended
by:
(a) inserting ``(n) Secretary of Homeland
Security;'' after ``(m) Secretary of Veterans
Affairs;'' in section 2; and
(b) relettering all subsequent subsections in
section 2 appropriately.
Sec. 9. Executive Order 12881 of November 23, 1993
(``Establishment of the National Science and Technology
Council''), is amended by:
(a) inserting ``(i) Secretary of Homeland
Security;'' after ``(h) Secretary of the Interior;'' in
section 2; and
(b) relettering all subsequent subsections in
section 2 appropriately.
Sec. 10. Executive Order 12859 of August 16, 1993
(``Establishment of the Domestic Policy Council''), is amended
by:
(a) inserting ``(o) Secretary of Homeland
Security;'' after ``(n) Secretary of the Treasury;'' in
section 2; and
(b) relettering all subsequent subsections in
section 2 appropriately.
Sec. 11. Executive Order 12590 of March 26, 1987 (``National
Drug Policy Board''), is amended by:
(a) inserting ``(13) the Secretary of Homeland
Security;'' after ``(12) the Secretary of Education;''
in section 1(b); and
(b) renumbering all subsequent subsections in
section 1(b) appropriately.
Sec. 12. Executive Order 12260 of December 31, 1980
(``Agreement on Government Procurement''), as amended, is
further amended by:
(a) inserting ``14. Department of Homeland
Security'' after ``13. Department of Health and Human
Services'' in the Annex; and
(b) renumbering all subsequent subsections in the
Annex appropriately.
Sec. 13. Executive Order 11958 of January 18, 1977
(``Administration of Arms Export Controls''), as amended, is
further amended by:
(a) striking ``Secretary of the Treasury'' wherever
it appears in section 1(l)(2) and inserting ``Attorney
General'' in lieu thereof; and
(b) inserting ``the Attorney General,'' after ``the
Secretary of the Treasury,'' in section 2(a).
Sec. 14. Executive Order 11423 of August 16, 1968 (``Providing
for the Performance of Certain Functions Heretofore Performed
by the President with Respect to Certain Facilities Constructed
and Maintained on the Borders of the United States''), as
amended, is further amended by inserting ``the Secretary of
Homeland Security,'' after ``the Secretary of Transportation,''
in section 1(b).
Sec. 15. Executive Order 10865 of February 20, 1960
(``Safeguarding Classified Information Within Industry''), as
amended, is further amended by inserting ``the Secretary of
Homeland Security,'' after ``the Secretary of Energy,'' in
section 1.
Sec. 16. Executive Order 13011 of July 16, 1996 (``Federal
Information Technology''), is amended by:
(a) inserting ``15. Department of Homeland
Security;'' after ``14. Department of Veterans
Affairs;'' in section 3(b); and
(b) renumbering all subsequent subsections in
section 3(b) appropriately.
Sec. 17. Those elements of the Department of Homeland Security
that are supervised by the Department's Under Secretary for
Information Analysis and Infrastructure Protection through the
Department's Assistant Secretary for Information Analysis, with
the exception of those functions that involve no analysis of
foreign intelligence information, are designated as elements of
the Intelligence Community under section 201(h) of the Homeland
Security Act of 2002 and section 3(4) of the National Security
Act of 1947, as amended (50 U.S.C. 401a).
Sec. 18. Executive Order 12333 of December 4, 1981 (``United
States Intelligence Activities''), is amended in Part 3.4(f)
by:
(a) striking ``and'' at the end of subpart
3.4(f)(6);
(b) striking the period and inserting ``; and'' at
the end of subpart 3.4(f)(7); and
(c) adding a new subpart 3.4(f)(8) to read as
follows: ``(8) Those elements of the Department of
Homeland Security that are supervised by the
Department's Under Secretary for Information Analysis
and Infrastructure Protection through the Department's
Assistant Secretary for Information Analysis, with the
exception of those functions that involve no analysis
of foreign intelligence information.''
Sec. 19. Functions of Certain Officials in the Department of
Homeland Security. The Secretary of Homeland Security, the
Deputy Secretary of Homeland Security, the Under Secretary for
Information Analysis and Infrastructure Protection, Department
of Homeland Security, and the Assistant Secretary for
Information Analysis, Department of Homeland Security, each
shall be considered a ``Senior Official of the Intelligence
Community'' for purposes of Executive Order 12333, and all
other relevant authorities, and shall:
(a) recognize and give effect to all current
clearances for access to classified information held by
those who become employees of the Department of
Homeland Security by operation of law pursuant to the
Homeland Security Act of 2002 or by Presidential
appointment;
(b) recognize and give effect to all current
clearances for access to classified information held by
those in the private sector with whom employees of the
Department of Homeland Security may seek to interact in
the discharge of their homeland security-related
responsibilities;
(c) make all clearance and access determinations
pursuant to Executive Order 12968 of August 2, 1995, or
any successor Executive Order, as to employees of, and
applicants for employment in, the Department of
Homeland Security who do not then hold a current
clearance for access to classified information; and
(d) ensure all clearance and access determinations
for those in the private sector with whom employees of
the Department of Homeland Security may seek to
interact in the discharge of their homeland security-
related responsibilities are made in accordance with
Executive Order 12829 of January 6, 1993.
Sec. 20. Pursuant to the provisions of section 1.4 of Executive
Order 12958 of April 17, 1995 (``Classified National Security
Information''), I hereby authorize the Secretary of Homeland
Security to classify information originally as ``Top Secret.''
Any delegation of this authority shall be in accordance with
section 1.4 of that order or any successor Executive Orders.
Sec. 21. This order shall become effective on January 24, 2003.
Sec. 22. This order does not create any right or benefit,
substantive or procedural, enforceable at law or equity,
against the United States, its departments, agencies, or other
entities, its officers or employees, or any other person.
Executive Order 13286
Amendment of Executive Orders, and Other Actions, in Connection
With the Transfer of Certain Functions to the Secretary of
Homeland Security
(As amended by EO 13442)
=======================================================================
Signed: February 28, 2003
Federal Register page and date: 68 FR 10619, March 5, 2003
Amends: EO 4601, March 1, 1927; EO 10113,
February 24, 1950; EO 10163,
September 25, 1950; EO 10179,
November 8, 1950; EO 10271, July
7, 1951; EO 10448, April 22, 1953;
EO 10499, November 4, 1953; EO
10554, August 18, 1954; EO 10631,
August 17, 1955; EO 10637,
September 16, 1955; EO 10694,
January 10, 1957; EO 10789,
November 14, 1958; EO 10977,
December 4, 1961; EO 11016, April
25, 1962; EO 11046, August 24,
1962; EO 11079, January 25, 1963;
EO 11139, January 7, 1964; EO
11190, December 29, 1964; EO
11231, July 8, 1965; EO 11239,
July 31, 1965; EO 11366, August 4,
1967; EO 11438, December 3, 1968;
EO 11446, January 16, 1969; EO
11448, January 16, 1969; EO 11623,
October 12, 1971; EO 11645,
February 8, 1972; EO 11800, August
17, 1974; EO 11858, May 7, 1975;
EO 11926, July 19, 1976; EO 11965,
January 19, 1977; EO 12002, July
7, 1977; EO 12146, July 18, 1979;
EO 12148, July 20, 1979; EO 12160,
September 26, 1979; EO 12188,
January 2, 1980; EO 12208, April
15, 1980; EO 12341, January 21,
1982; EO 12382, September 13,
1982; EO 12472, April 3, 1984; EO
12501, January 28, 1985; EO 12555,
March 10, 1986; EO 12580, January
23, 1987; EO 12656, November 18,
1988; EO 12657, November 18, 1988;
EO 12699, January 5, 1990; EO
12727, August 22, 1990; EO 12728,
August 22, 1990; EO 12733,
November 13, 1990; EO 12742,
January 8, 1991; EO 12743, January
18, 1991; EO 12777, October 18,
1991; EO 12788, January 15, 1992;
EO 12789, February 10, 1992; EO
12793, March 20, 1992; EO 12807,
May 24, 1992; EO 12824, December
7, 1992; EO 12830, January 9,
1993; EO 12835, January 25, 1993;
EO 12870, September 30, 1993; EO
12906, April 11, 1994; EO 12919,
June 3, 1994; EO 12977, October
19, 1995; EO 12978, October 21,
1995; EO 12982, December 8, 1995;
EO 12985, January 11, 1996; EO
12989, February 13, 1996; EO
13011, July 16, 1996; EO 13076,
February 24, 1998; EO 13100,
August 25, 1998; EO 13112,
February 3, 1999; EO 13120, April
27, 1999; EO 13133, August 5,
1999; EO 13154, May 3, 2000; EO
13165, August 9, 2000; EO 13212,
May 18, 2001; EO 13223, September
14, 2001; EO 13228, October 8,
2001; EO 13231, October 16, 2001;
EO 13254, January 29, 2002; EO
13257, February 13, 2002; EO
13260, March 19, 2002; EO 13271,
July 9, 2002; EO 13274, September
18, 2002; EO 13276, November 15,
2002
Amended by: EO 13442, August 13, 2007
Revokes: EO 13260, March 19, 2002 eff. March
31, 2002
=======================================================================
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
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.
(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 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 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);
(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.''.
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:
(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 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
(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 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 ``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,
L(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
L(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.
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, the
Secretary of Homeland Security (Secretary), if they are
eligible to act as Secretary under the provisions of the
Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq.
(Vacancies Act), 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 National
Protection and Programs;
(iii) Under Secretary for Management;
(iv) Assistant Secretary of Homeland
Security (Policy);
(v) Under Secretary for Science and
Technology;
(vi) General Counsel;
(vii) Assistant Secretary of Homeland
Security (Transportation Security
Administration);
(viii) Administrator of the Federal
Emergency Management Agency;
(ix) Commissioner of U.S. Customs and
Border Protection;
(x) Assistant Secretary of Homeland
Security (U.S. Immigration and Customs
Enforcement);
(xi) Director of U.S. Citizenship and
Immigration Services;
(xii) Chief Financial Officer;
(xiii) Regional Administrator, Region V,
Federal Emergency Management Agency;
(xiv) Regional Administrator, Region VI,
Federal Emergency Management Agency;
(xv) Regional Administrator, Region VII,
Federal Emergency Management Agency;
(xvi) Regional Administrator, Region IX,
Federal Emergency Management Agency; and
(xvii) Regional Administrator, Region I,
Federal Emergency Management Agency.
(b) Exceptions.
(i) No individual who is serving in an
office listed in subsection (a) in an acting
capacity, by virtue of so serving, shall act as
Secretary pursuant to this section.
(ii) Notwithstanding the provisions of this
section, the President retains discretion, to
the extent permitted by the Vacancies Act, 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.
Executive Order 13311
Homeland Security Information Sharing
(As amended by EO 13388)
=======================================================================
Signed: July 29, 2003
Federal Register page and date: 68 FR 45149, July 31, 2003
Amended by: EO 13388, October 25, 2005
=======================================================================
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 National 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 National
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 National
Intelligence under section 102A(i)(1) 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.
Executive Order 13323
Assignment of Functions Relating to Arrivals In and Departures
From the United States
=======================================================================
Signed: December 30, 2003
Federal Register page and date: 69 FR 241, January 2, 2004
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 215 of the Immigration and Nationality Act
(INA), as amended (8 U.S.C. 1185), and section 301 of title 3,
United States Code, and to strengthen the national security of
the United States through procedures and systems to manage and
control the arrival and departure of persons from the United
States, it is hereby ordered as follows:
Section 1. Functions of the Secretary of Homeland Security. The
Secretary of Homeland Security is assigned the functions of the
President under section 215(a) of the INA with respect to
persons other than citizens of the United States. In exercising
these functions, the Secretary of Homeland Security shall not
issue, amend, or revoke any rules, regulations, or orders
without first obtaining the concurrence of the Secretary of
State.
Sec. 2. Functions of the Secretary of State. The Secretary of
State is assigned the functions of the President under section
215(a) and (b) of the INA with respect to citizens of the
United States, including those functions concerning United
States passports. In addition, the Secretary may amend or
revoke part 46 of title 22, Code of Federal Regulations, which
concerns persons other than citizens of the United States. In
exercising these functions, the Secretary of State shall not
issue, amend, or revoke any rules, regulations, or orders
without first consulting with the Secretary of Homeland
Security.
Sec. 3. Judicial Review. This order is not intended to, and
does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by a party against
the United States, its departments, agencies, entities,
officers, employees or agents, or any other person.
Executive Order 13347
Individuals With Disabilities in Emergency Preparedness
=======================================================================
Signed: July 22, 2004
Federal Register page and date: 69 FR 44573, July 26, 2004
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
to strengthen emergency preparedness with respect to
individuals with disabilities, it is hereby ordered as follows:
Section 1. Policy. To ensure that the Federal Government
appropriately supports safety and security for individuals with
disabilities in situations involving disasters, including
earthquakes, tornadoes, fires, floods, hurricanes, and acts of
terrorism, it shall be the policy of the United States that
executive departments and agencies of the Federal Government
(agencies):
(a) consider, in their emergency preparedness
planning, the unique needs of agency employees with
disabilities and individuals with disabilities whom the
agency serves;
(b) encourage, including through the provision of
technical assistance, as appropriate, consideration of
the unique needs of employees and individuals with
disabilities served by State, local, and tribal
governments and private organizations and individuals
in emergency preparedness planning; and
(c) facilitate cooperation among Federal, State,
local, and tribal governments and private organizations
and individuals in the implementation of emergency
preparedness plans as they relate to individuals with
disabilities.
Sec. 2. Establishment of Council.
(a) There is hereby established, within the
Department of Homeland Security for administrative
purposes, the Interagency Coordinating Council on
Emergency Preparedness and Individuals with
Disabilities (the ``Council''). The Council shall
consist exclusively of the following members or their
designees:
(i) the heads of executive departments, the
Administrator of the Environmental Protection
Agency, the Administrator of General Services,
the Director of the Office of Personnel
Management, and the Commissioner of Social
Security; and
(ii) any other agency head as the Secretary
of Homeland Security may, with the concurrence
of the agency head, designate.
(b) The Secretary of Homeland Security shall chair
the Council, convene and preside at its meetings,
determine its agenda, direct its work, and, as
appropriate to particular subject matters, establish
and direct subgroups of the Council, which shall
consist exclusively of Council members.
(c) A member of the Council may designate, to
perform the Council functions of the member, an
employee of the member's department or agency who is
either an officer of the United States appointed by the
President, or a full-time employee serving in a
position with pay equal to or greater than the minimum
rate payable for GS-15 of the General Schedule.
Sec. 3. Functions of Council.
(a) The Council shall:
(i) coordinate implementation by agencies
of the policy set forth in section 1 of this
order;
(ii) whenever the Council obtains in the
performance of its functions information or
advice from any individual who is not a full-
time or permanent part-time Federal employee,
obtain such information and advice only in a
manner that seeks individual advice and does
not involve collective judgment or consensus
advice or deliberation; and
(iii) at the request of any agency head (or
the agency head's designee under section 2(c)
of this order) who is a member of the Council,
unless the Secretary of Homeland Security
declines the request, promptly review and
provide advice, for the purpose of furthering
the policy set forth in section 1, on a
proposed action by that agency.
(b) The Council shall submit to the President each
year beginning 1 year after the date of this order,
through the Assistant to the President for Homeland
Security, a report that describes:
(i) the achievements of the Council in
implementing the policy set forth in section 1;
(ii) the best practices among Federal,
State, local, and tribal governments and
private organizations and individuals for
emergency preparedness planning with respect to
individuals with disabilities; and
(iii) recommendations of the Council for
advancing the policy set forth in section 1.
Sec. 4. General.
(a) To the extent permitted by law:
(i) agencies shall assist and provide
information to the Council for the performance
of its functions under this order; and
(ii) the Department of Homeland Security
shall provide funding and administrative
support for the Council.
(b) Nothing in this order shall be construed to
impair or otherwise affect the functions of the
Director of the Office of Management and Budget
relating to budget, administrative, or legislative
proposals.
(c) This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity by a party against the United States, its
departments, agencies, instrumentalities, or entities,
its officers or employees, or any other person.
Executive Order 13353
Establishing the President's Board on Safeguarding Americans
Civil Liberties
=======================================================================
Signed: August 27, 2004
Federal Register page and date: 69 FR 53585, September 1, 2004
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to further strengthen protections for the rights of
Americans in the effective performance of national security and
homeland security functions, it is hereby ordered as follows:
Section 1. Policy. The United States Government has a solemn
obligation, and shall continue fully, to protect the legal
rights of all Americans, including freedoms, civil liberties,
and information privacy guaranteed by Federal law, in the
effective performance of national security and homeland
security functions.
Sec. 2. Establishment of Board. To advance the policy set forth
in section 1 of this order (Policy), there is hereby
established the President's Board on Safeguarding Americans'
Civil Liberties (Board). The Board shall be part of the
Department of Justice for administrative purposes.
Sec. 3. Functions. The Board shall:
(a) (i) advise the President on effective means to
implement the Policy, and (ii) keep the President
informed of the implementation of the Policy;
(b) periodically request reports from Federal
departments and agencies relating to policies and
procedures that ensure implementation of the Policy;
(c) recommend to the President policies, guidelines
and other administrative actions, technologies, and
legislation, as necessary to implement the Policy;
(d) at the request of the head of any Federal
department or agency, unless the Chair, after
consultation with the Vice Chair, declines the request,
promptly review and provide advice on a policy or
action of that department or agency that implicates the
Policy;
(e) obtain information and advice relating to the
Policy from representatives of entities or individuals
outside the executive branch of the Federal Government
in a manner that seeks their individual advice and does
not involve collective judgment or consensus advice or
deliberation;
(f) refer, consistent with section 535 of title 28,
United States Code, credible information pertaining to
possible violations of law relating to the Policy by
any Federal employee or official to the appropriate
office for prompt investigation;
(g) take steps to enhance cooperation and
coordination among Federal departments and agencies in
the implementation of the Policy, including but not
limited to working with the Director of the Office of
Management and Budget and other officers of the United
States to review and assist in the coordination of
guidelines and policies concerning national security
and homeland security efforts, such as information
collection and sharing; and
(h) undertake other efforts to protect the legal
rights of all Americans, including freedoms, civil
liberties, and information privacy guaranteed by
Federal law, as the President may direct.
Upon the recommendation of the Board, the Attorney General
or the Secretary of Homeland Security may establish one or more
committees that include individuals from outside the executive
branch of the Federal Government, in accordance with applicable
law, to advise the Board on specific issues relating to the
Policy. Any such committee shall carry out its functions
separately from the Board.
Sec. 4. Membership and Operation. The Board shall consist
exclusively of the following:
(a) the Deputy Attorney General, who shall serve as
Chair;
(b) the Under Secretary for Border and
Transportation Security, Department of Homeland
Security, who shall serve as Vice Chair;
(c) the Assistant Attorney General (Civil Rights
Division);
(d) the Assistant Attorney General (Office of Legal
Policy);
(e) the Council for Intelligence Policy, Department
of Justice;
(f) the Chair of the Privacy Council, Federal
Bureau of Investigation;
(g) the Assistant Secretary for Information
Analysis, Department of Homeland Security;
(h) the Assistant Secretary (Policy), Directorate
of Border and Transportation Security, Department of
Homeland Security;
(i) the Officer for Civil Rights and Civil
Liberties, Department of Homeland Security;
(j) the Privacy Officer, Department of Homeland
Security;
(k) the Under Secretary for Enforcement, Department
of the Treasury;
(l) the Assistant Secretary (Terrorist Financing),
Department of the Treasury;
(m) the General Council, Office of Management and
Budget;
(n) the Deputy Director of Central Intelligence for
Community Management;
(o) the General Council, Central Intelligence
Agency;
(p) the General Council, National Security Agency;
(q) the Under Secretary of Defense for
Intelligence;
(r) the General Council of the Department of
Defense;
(s) the Legal Adviser, Department of State;
(t) the Director, Terrorist Threat Integration
Center; and
(u) such other officers of the United States as the
Deputy Attorney General may from time to time
designate.
A member of the Board may designate, to perform the Board
or Board subgroup functions of the member, any person who is
part of such member's department or agency and who is either
(i) an officer of the United States appointed by the President,
or
(ii) a member of the Senior Executive
Service or the Senior Intelligence Service. The
Chair, after consultation with the Vice Chair,
shall convene and preside at meetings of the
Board, determine its agenda, direct its work,
and, as appropriate to deal with particular
subject matters, establish and direct subgroups
of the Board that shall consist exclusively of
members of the Board. The Chair may invite, in
his discretion, officers or employees of other
departments or agencies to participate in the
work of the Board. The Chair shall convene the
first meeting of the Board within 20 days after
the date of this order and shall thereafter
convene meetings of the Board at such times as
the Chair, after consultation with the Vice
Chair, deems appropriate. The Deputy Attorney
General shall designate an official of the
Department of Justice to serve as the Executive
Director of the Board.
Sec. 5. Cooperation. To the extent permitted by law, all
Federal departments and agencies shall cooperate with the Board
and provide the Board with such information, support, and
assistance as the Board, through the Chair, may request.
Sec. 6. Administration. Consistent with applicable law and
subject to the availability of appropriations, the Department
of Justice shall provide the funding and administrative support
for the Board necessary to implement this order.
Sec. 7. General Provisions.
(a) This order shall not be construed to impair or
otherwise affect the authorities of any department,
agency, instrumentality, officer, or employee of the
United States under applicable law, including the
functions of the Director of the Office of Management
and Budget relating to budget, administrative, or
legislative proposals.
(b) his order shall be implemented in a manner
consistent with applicable laws and Executive Orders
concerning protection of information, including those
for the protection of intelligence sources and methods,
law enforcement information, and classified national
security information, and the Privacy Act of 1974, as
amended (5 U.S.C. 552a).
(c) 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, by a party against the United States, or
any of its departments, agencies, instrumentalities,
entities, officers, employees, or agents, or any other
person.
Executive Order 13354
National Counterterrorism Center
=======================================================================
Signed: August 27, 2004
Federal Register page and date: 69 FR 53589, September 1, 2004
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 103(c)(8) of the National Security Act of
1947, as amended (Act), and to protect the security of the
United States through strengthened intelligence analysis and
strategic planning and intelligence support to operations to
counter transnational terrorist threats against the territory,
people, and interests of the United States of America, it is
hereby ordered as follows:
Section 1. Policy.
(a) To the maximum extent consistent with
applicable law, agencies shall give the highest
priority to (i) the detection, prevention, disruption,
preemption, and mitigation of the effects of
transnational terrorist activities against the
territory, people, and interests of the United States
of America, (ii) the interchange of terrorism
information among agencies, (iii) the interchange of
terrorism information between agencies and appropriate
authorities of States and local governments, and (iv)
the protection of the ability of agencies to acquire
additional such information.
(b) Agencies shall protect the freedom, information
privacy, and other legal rights of Americans in the
conduct of activities implementing section 1(a) of this
order.
Sec. 2. Establishment of National Counterterrorism Center.
(a) There is hereby established a National
Counterterrorism Center (Center).
(b) A Director of the Center shall supervise the
Center.
(c) The Director of the Center shall be appointed
by the Director of Central Intelligence with the
approval of the President.
(d) The Director of Central Intelligence shall have
authority, direction, and control over the Center and
the Director of the Center.
Sec. 3. Functions of the Center. The Center shall have the
following functions:
(a) serve as the primary organization in the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
Government pertaining to terrorism and
counterterrorism, excepting purely domestic
counterterrorism information. The Center may,
consistent with applicable law, receive, retain, and
disseminate information from any Federal, State, or
local government, or other source necessary to fulfill
its responsibilities concerning the policy set forth in
section 1 of this order; and agencies authorized to
conduct counterterrorism activities may query Center
data for any information to assist in their respective
responsibilities;
(b) conduct strategic operational planning for
counterterrorism activities, integrating all
instruments of national power, including diplomatic,
financial, military, intelligence, homeland security,
and law enforcement activities within and among
agencies;
(c) assign operational responsibilities to lead
agencies for counterterrorism activities that are
consistent with applicable law and that support
strategic plans to counter terrorism. The Center shall
ensure that agencies have access to and receive
intelligence needed to accomplish their assigned
activities. The Center shall not direct the execution
of operations. Agencies shall inform the National
Security Council and the Homeland Security Council of
any objections to designations and assignments made by
the Center in the planning and coordination of
counterterrorism activities;
(d) serve as the central and shared knowledge bank
on known and suspected terrorists and international
terror groups, as well as their goals, strategies,
capabilities, and networks of contacts and support; and
(e) ensure that agencies, as appropriate, have
access to and receive all-source intelligence support
needed to execute their counterterrorism plans or
perform independent, alternative analysis.
Sec. 4. Duties of the Director of Central Intelligence. The
Director of Central Intelligence shall:
(a) exercise the authority available by law to the
Director of Central Intelligence to implement this
order, including, as appropriate, the authority set
forth in section 102(e)(2)(H) of the Act;
(b) report to the President on the implementation
of this order, within 120 days after the date of this
order and thereafter not less often than annually,
including an assessment by the Director of Central
Intelligence of:
(1) the effectiveness of the United States
in implementing the policy set forth in section
1 of this order, to the extent execution of
that policy is within the responsibilities of
the Director of Central Intelligence;
(2) the effectiveness of the Center in the
implementation of the policy set forth in
section 1 of this order, to the extent
execution of that policy is within the
responsibilities of the Director of Central
Intelligence; and
(3) the cooperation of the heads of
agencies in the implementation of this order;
and
(c) ensure the performance of all-source
intelligence analysis that, among other qualities,
routinely considers and presents alternative analytical
views to the President, the Vice President in the
performance of executive functions, and other officials
of the executive branch as appropriate.
Sec. 5. Duties of the Director of the Center. In implementing
the policy set forth in section 1 of this order and ensuring
that the Center effectively performs the functions set forth in
section 3 of this order, the Director of the Center shall:
(a) access, as deemed necessary by the Director of
the Center for the performance of the Center's
functions, information to which the Director of the
Center is granted access by section 6 of this order;
(b) correlate, analyze, evaluate, integrate, and
produce reports on terrorism information;
(c) disseminate transnational terrorism
information, including current terrorism threat
analysis, to the President, the Vice President in the
performance of Executive functions, the Secretaries of
State, Defense, and Homeland Security, the Attorney
General, the Director of Central Intelligence, and
other officials of the executive branch as appropriate;
(d) support the Department of Homeland Security,
and the Department of Justice, and other appropriate
agencies, in fulfillment of their responsibility to
disseminate terrorism information, consistent with
applicable law, Executive Orders and other Presidential
guidance, to State and local government officials, and
other entities, and coordinate dissemination of
terrorism information to foreign governments when
approved by the Director of Central Intelligence;
(e) establish both within the Center, and between
the Center and agencies, information systems and
architectures for the effective access to and
integration, dissemination, and use of terrorism
information from whatever sources derived;
(f) undertake, as soon as the Director of Central
Intelligence determines it to be practicable, all
functions assigned to the Terrorist Threat Integration
Center;
(g) consistent with priorities approved by the
President, assist the Director of Central Intelligence
in establishing requirements for the Intelligence
Community for the collection of terrorism information,
to include ensuring military force protection
requirements are met;
(h) under the direction of the Director of Central
Intelligence, and in consultation with heads of
agencies with organizations in the Intelligence
Community, identify, coordinate, and prioritize
counterterrorism intelligence requirements for the
Intelligence Community; and
(i) identify, together with relevant agencies,
specific counterterrorism planning efforts to be
initiated or accelerated to protect the national
security.
Sec. 6. Duties of the Heads of Agencies.
(a) To implement the policy set forth in section 1
of this order:
(i) the head of each agency that possesses
or acquires terrorism information:
(A) shall promptly give access to
such information to the Director of the
Center, unless prohibited by law (such
as section 103(c)(7) of the Act or
Executive Order 12958, as amended) or
otherwise directed by the President;
(B) shall cooperate in and
facilitate the production of reports
based on terrorism information with
contents and formats that permit
dissemination that maximizes the
utility of the information in
protecting the territory, people, and
interests of the United States; and
(C) shall cooperate with the
Director of Central Intelligence in the
preparation of the report to the
President required by section 4 of this
order; and
(ii) the head of each agency that conducts
diplomatic, financial, military, homeland
security, intelligence, or law enforcement
activities relating to counterterrorism shall
keep the Director of the Center fully and
currently informed of such activities, unless
prohibited by law (such as section 103(c)(7) of
the Act or Executive Order 12958, as amended)
or otherwise directed by the President.
(b) The head of each agency shall, consistent with
applicable law, make available to the Director of the
Center such personnel, funding, and other resources as
the Director of Central Intelligence, after
consultation with the head of the agency and with the
approval of the Director of the Office of Management
and Budget, may request. In order to ensure maximum
information sharing consistent with applicable law,
each agency representative to the Center, unless
otherwise specified by the Director of Central
Intelligence, shall operate under the authorities of
the representative's agency.
Sec. 7. Definitions. As used in this order:
(a) the term ``agency'' has the meaning set forth
for the term ``executive agency'' in section 105 of
title 5, United States Code, together with the
Department of Homeland Security, but includes the
Postal Rate Commission and the United States Postal
Service and excludes the Government Accountability
Office;
(b) the term ``Intelligence Community'' has the
meaning set forth for that term in section 3.4(f) of
Executive Order 12333 of December 4, 1981, as amended;
(c) the terms ``local government'', ``State'', and,
when used in a geographical sense, ``United States''
have the meanings set forth for those terms in section
2 of the Homeland Security Act of 2002 (6 U.S.C. 101);
and
(d) the term ``terrorism information'' means all
information, whether collected, produced, or
distributed by intelligence, law enforcement, military,
homeland security, or other United States Government
activities, relating to (i) the existence,
organization, capabilities, plans, intentions,
vulnerabilities, means of finance or material support,
or activities of foreign or international terrorist
groups or individuals, or of domestic groups or
individuals involved in transnational terrorism; (ii)
threats posed by such groups or individuals to the
United States, United States persons, or United States
interests, or to those of other nations; (iii)
communications of or by such groups or individuals; or
(iv) information relating to groups or individuals
reasonably believed to be assisting or associated with
such groups or individuals.
Sec. 8. General Provisions.
(a) This order: (i) shall be implemented in a
manner consistent with applicable law, including
Federal law protecting the information privacy and
other legal rights of Americans, and subject to the
availability of appropriations; (ii) shall be
implemented in a manner consistent with the authority
of the principal officers of agencies as heads of their
respective agencies, including under section 199 of the
Revised Statutes (22 U.S.C. 2651), section 201 of the
Department of Energy Reorganization Act (42 U.S.C.
7131), section 102(a) of the Homeland Security Act of
2002 (6 U.S.C. 112(a)), and sections 301 of title 5,
113(b) and 162(b) of title 10, 503 of title 28, and
301(b) of title 31, United States Code; and (iii) shall
not be construed to impair or otherwise affect the
functions of the Director of the Office of Management
and Budget relating to budget, administrative, and
legislative proposals.
(b) This order and amendments made by this order
are intended only to improve the internal management of
the Federal Government and are not intended to, and do
not, create any rights or benefits, substantive or
procedural, enforceable at law or in equity by a party
against the United States, its departments, agencies,
instrumentalities, or entities, its officers,
employees, or agents, or any other person.
Executive Order 13355
Strengthened Management of the Intelligence Community
=======================================================================
Signed: August 27, 2004
Federal Register page and date: 69 FR 53593, September 1, 2004
Amends: EO 12333, December 12, 1981
=======================================================================
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 103(c)(8) of the National Security Act of
1947, as amended (Act), and in order to further strengthen the
effective conduct of United States intelligence activities and
protect the territory, people, and interests of the United
States of America, including against terrorist attacks, it is
hereby ordered as follows:
Section 1. Strengthening the Authority of the Director of
Central Intelligence. The Director of Central Intelligence
(Director) shall perform the functions set forth in this order
to ensure an enhanced joint, unified national intelligence
effort to protect the national security of the United States.
Such functions shall be in addition to those assigned to the
Director by law, Executive Order, or Presidential directive.
Sec. 2. Strengthened Role in National Intelligence. Executive
Order 12333 of December 4, 1981, as amended, is further amended
as follows:
(a) Subsection 1.5(a) is amended to read:
``(a)(1) Act as the principal adviser to
the President for intelligence matters related
to the national security;
``(2) Act as the principal adviser to the
National Security Council and Homeland Security
Council for intelligence matters related to the
national security; and
(b) Subsection 1.5(b) is amended to read: ``(b)(1)
Develop such objectives and guidance for the
Intelligence Community necessary, in the Director's
judgment, to ensure timely and effective collection,
processing, analysis, and dissemination of
intelligence, of whatever nature and from whatever
source derived, concerning current and potential
threats to the security of the United States and its
interests, and to ensure that the National Foreign
Intelligence Program (NFIP) is structured adequately to
achieve these requirements; and
``(2) Working with the Intelligence
Community, ensure that United States
intelligence collection activities are
integrated in: (i) collecting against enduring
and emerging national security intelligence
issues; (ii) maximizing the value to the
national security; and (iii) ensuring that all
collected data is available to the maximum
extent practicable for integration, analysis,
and dissemination to those who can act on, add
value to, or otherwise apply it to mission
needs.''
(c) Subsection 1.5(g) is amended to read:
``(g)(1) Establish common security and
access standards for managing and handling
intelligence systems, information, and
products, with special emphasis on
facilitating:
``(A) the fullest and most prompt
sharing of information practicable,
assigning the highest priority to
detecting, preventing, preempting, and
disrupting terrorist threats against
our homeland, our people, our allies,
and our interests; and
``(B) the establishment of
interface standards for an
interoperable information sharing
enterprise that facilitates the
automated sharing of intelligence
information among agencies within the
Intelligence Community.
``(2) (A) Establish, operate, and
direct national centers with respect to
matters determined by the President for
purposes of this subparagraph to be of
the highest national security priority,
with the functions of analysis and
planning (including planning for
diplomatic, financial, military,
intelligence, homeland security, and
law enforcement activities, and
integration of such activities among
departments and agencies) relating to
such matters.
``(B) The countering of terrorism
within the United States, or against
citizens of the United States, our
allies, and our interests abroad, is
hereby determined to be a matter of the
highest national security priority for
purposes of subparagraph (2)(A) of this
subsection.''
``(3) Ensure that appropriate agencies and
departments have access to and receive all-
source intelligence support needed to perform
independent, alternative analysis.''
(d) Subsection 1.5(m) is amended to read: ``(m)(1)
Establish policies, procedures, and mechanisms that
translate intelligence objectives and priorities
approved by the President into specific guidance for
the Intelligence Community.
``(2) In accordance with objectives and
priorities approved by the President, establish
collection requirements for the Intelligence
Community, determine collection priorities,
manage collection tasking, and resolve
conflicts in the tasking of national collection
assets (except when otherwise directed by the
President or when the Secretary of Defense
exercises collection tasking authority under
plans and arrangements approved by the
Secretary of Defense and the Director) of the
Intelligence Community.''
``(3) Provide advisory tasking concerning
collection of intelligence information to
elements of the United States Government that
have information collection capabilities and
are not organizations within the Intelligence
Community.
``(4) The responsibilities in subsections
1.5(m)(2) and (3) apply, to the maximum extent
consistent with applicable law, whether
information is to be collected inside or
outside the United States.''
(e) Subsection 1.6(a) is amended to read:
``(a) The heads of all departments and
agencies shall: ``(1) Unless the Director
provides otherwise, give the Director access to
all foreign intelligence, counterintelligence,
and national intelligence, as defined in the
Act, that is relevant to transnational
terrorist threats and weapons of mass
destruction proliferation threats, including
such relevant intelligence derived from
activities of the FBI, DHS, and any other
department or agency, and all other information
that is related to the national security or
that otherwise is required for the performance
of the Director's duties, except such
information that is prohibited by law, by the
President, or by the Attorney General acting
under this order at the direction of the
President from being provided to the Director.
The Attorney General shall agree to procedures
with the Director pursuant to section 3(5)(B)
of the Act no later than 90 days after the
issuance of this order that ensure the Director
receives all such information;
``(2) support the Director in developing
the NFIP;
``(3) ensure that any intelligence and
operational systems and architectures of their
departments and agencies are consistent with
national intelligence requirements set by the
Director and all applicable information sharing
and security guidelines, and information
privacy requirements; and
``(4) provide, to the extent permitted by
law, subject to the availability of
appropriations, and not inconsistent with the
mission of the department or agency, such
further support to the Director as the Director
may request, after consultation with the head
of the department or agency, for the
performance of the Director's functions.''
Sec. 3. Strengthened Control of Intelligence Funding. Executive
Order 12333 is further amended as follows:
(a) Subsections 1.5(n), (o), and (p) are amended to
read as follows:
``(n)(1) Develop, determine, and present
with the advice of the heads of departments or
agencies that have an organization within the
Intelligence Community, the annual consolidated
NFIP budget. The Director shall be responsible
for developing an integrated and balanced
national intelligence program that is directly
responsive to the national security threats
facing the United States. The Director shall
submit such budget (accompanied by dissenting
views, if any, of the head of a department or
agency that has an organization within the
Intelligence Community) to the President for
approval; and
``(2) Participate in the
development by the Secretary of Defense
of the annual budgets for the Joint
Military Intelligence Program (JMIP)
and the Tactical Intelligence and
Related Activities (TIARA) Program.
``(o)(1) Transfer, consistent with
applicable law and with the approval of the
Director of the Office of Management and
Budget, funds from an appropriation for the
NFIP to another appropriation for the NFIP or
to another NFIP component;
``(2) Review, and approve or
disapprove, consistent with applicable
law, any proposal to: (i) reprogram
funds within an appropriation for the
NFIP; (ii) transfer funds from an
appropriation for the NFIP to an
appropriation that is not for the NFIP
within the Intelligence Community; or
(iii) transfer funds from an
appropriation that is not for the NFIP
within the Intelligence Community to an
appropriation for the NFIP; and
``(3) Monitor and consult with the
Secretary of Defense on reprogrammings
or transfers of funds within, into, or
out of, appropriations for the JMIP and
the TIARA Program.
``(p)(1) Monitor implementation and
execution of the NFIP budget by the heads of
departments or agencies that have an
organization within the Intelligence Community,
including, as necessary, by conducting program
and performance audits and evaluations;
``(2) Monitor implementation of the
JMIP and the TIARA Program and advise
the Secretary of Defense thereon; and
``(3) After consultation with the
heads of relevant departments, report
periodically, and not less often than
semiannually, to the President on the
effectiveness of implementation of the
NFIP Program by organizations within
the Intelligence Community, for which
purpose the heads of departments and
agencies shall ensure that the Director
has access to programmatic, execution,
and other appropriate information.''
Sec. 4. Strengthened Role in Selecting Heads of Intelligence
Organizations. With respect to a position that heads an
organization within the Intelligence Community:
(a) if the appointment to that position is made by
the head of the department or agency or a subordinate
thereof, no individual shall be appointed to such
position without the concurrence of the Director;
(b) if the appointment to that position is made by
the President alone, any recommendation to the
President to appoint an individual to that position
shall be accompanied by the recommendation of the
Director with respect to the proposed appointment; and
(c) if the appointment to that position is made by
the President, by and with the advice and consent of
the Senate, any recommendation to the President for
nomination of an individual for that position shall be
accompanied by the recommendation of the Director with
respect to the proposed nomination.
Sec. 5. Strengthened Control of Standards and Qualifications.
The Director shall issue, after coordination with the heads of
departments and agencies with an organization in the
Intelligence Community, and not later than 120 days after the
date of this order, and thereafter as appropriate, standards
and qualifications for persons engaged in the performance of
United States intelligence activities, including but not
limited to:
(a) standards for training, education, and career
development of personnel within organizations in the
Intelligence Community, and for ensuring compatible
personnel policies and an integrated professional
development and education system across the
Intelligence Community, including standards that
encourage and facilitate service in multiple
organizations within the Intelligence Community and
make such rotated service a factor to be considered for
promotion to senior positions;
(b) standards for attracting and retaining
personnel who meet the requirements for effective
conduct of intelligence activities;
(c) standards for common personnel security
policies among organizations within the Intelligence
Community; and
(d) qualifications for assignment of personnel to
centers established under section 1.5(g)(2) of
Executive Order 12333, as amended by section 2 of this
order.
Sec. 6. Technical Corrections. Executive Order 12333 is further
amended as follows:
(a) The preamble is amended by, after ``amended'',
inserting ``(Act)''.
(b) Subsection 1.3(a)(4) is amended by, after
``governments'', inserting ``and organizations''.
(c) Subsection 1.4(a) is amended by, after ``needed
by the President'', inserting ``and, in the performance
of Executive functions, the Vice President,''.
(d) Subsection 1.7(c) is amended by striking ``the
Director of Central Intelligence and'' and by striking
``their respective'' and inserting ``its''.
(e) Subsection 1.8(c) is amended by, after ``agreed
upon'', inserting ``by''.
(f) Subsection 1.8(i) is amended by striking ``and
through'' and inserting in lieu thereof ``through''.
(g) Subsection 1.10 is amended by:
(i) striking ``The Department of the
Treasury. The Secretary of the Treasury
shall:'' and inserting in lieu thereof ``The
Department of the Treasury and the Department
of Homeland Security. The Secretary of the
Treasury, with respect to subsections (a), (b),
and (c), and the Secretary of Homeland Security
with respect to subsection (d), shall:'';
(ii) in subparagraph (d), after ``used
against the President'' inserting ``or the Vice
President''; and
(iii) in subparagraph (d), striking ``the
Secretary of the Treasury'' both places it
appears and inserting in lieu thereof in both
places ``the Secretary of Homeland Security''.
(h) Subsection 2.4(c)(1) is amended by striking
``present of former'' and inserting in lieu thereof
``present or former''.
(i) Subsection 3.1 is amended by:
(i) striking ``as provided in title 50,
United States Code, section 413'' and inserting
in lieu thereof ``implemented in accordance
with applicable law, including title V of the
Act''; and
(ii) striking ``section 662 of the Foreign
Assistance Act of 1961 as amended (22 U.S.C.
2422), and section 501 of the National Security
Act of 1947, as amended (50 U.S.C. 413),'' and
inserting in lieu thereof ``applicable law,
including title V of the Act,''.
(j) Subsection 3.4(b) is amended by striking
``visably'' and inserting in lieu thereof ``visibly''.
(k) Subsection 3.4(f) is amended:
(i) after ``agencies within the
Intelligence Community'', by inserting ``, or
organizations within the Intelligence
Community'';
(ii) in paragraph (8), by striking
``Those'' and inserting in lieu thereof ``The
intelligence elements of the Coast Guard and
those''; and
(iii) by striking the ``and'' at the end of
paragraph (7), striking the period at the end
of paragraph (8) and inserting in lieu thereof
``; and'', and adding at the end thereof ``(9)
National Geospatial-Intelligence Agency''.
Sec. 7. General Provisions.
(a) This order and the amendments made by this
order:
(i) shall be implemented in a manner
consistent with applicable law and subject to
the availability of appropriations;
(ii) shall be implemented in a manner
consistent with the authority of the principal
officers of the executive departments as heads
of their respective departments, including
under section 199 of the Revised Statutes (22
U.S.C. 2651), section 201 of the Department of
Energy Reorganization Act (42 U.S.C. 7131),
section 102(a) of the Homeland Security Act of
2002 (6 U.S.C. 112(a)), and sections 301 of
title 5, 113(b) and 162(b) of title 10, 503 of
title 28, and 301(b) of title 31, United States
Code; and
(iii) shall not be construed to impair or
otherwise affect the functions of the Director
of the Office of Management and Budget relating
to budget, administrative, and legislative
proposals.
(b) Nothing in section 4 of this order limits or
otherwise affects--
(i) the appointment of an individual to a
position made before the date of this order; or
(ii) the power of the President as an
appointing authority to terminate an
appointment.
(c) Nothing in this order shall be construed to
impair or otherwise affect any authority to provide
intelligence to the President, the Vice President in
the performance of Executive functions, and other
officials in the executive branch.
(d) This order and amendments made by this order
are intended only to improve the internal management of
the Federal Government and are not intended to, and do
not, create any rights or benefits, substantive or
procedural, enforceable at law or in equity by a party
against the United States, its departments, agencies,
instrumentalities, or entities, its officers,
employees, or agents, or any other person.
Executive Order 13383
Amending Executive Orders 12139 and 12949 in Light of
Establishment of the Office of Director of National
Intelligence
=======================================================================
Signed: July 15, 2005
Federal Register page and date: 70 FR 41933, July 20, 2005
Amends: EO 12139, May 23, 1979
EO 12949, February 9, 1995
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it
is hereby ordered as follows:
Section. 1. Section 1-103 of Executive Order 12139 of May 23,
1979, is amended by:
(a) striking ``(c) Director of Central
Intelligence'' and inserting in lieu thereof ``(c)
Director of National Intelligence'';
(b) striking ``(g) Deputy Director of Central
Intelligence'' and inserting in lieu thereof ``(g)
Director of the Central Intelligence Agency''; and
(c) adding at the end thereof ``(h) Principal
Deputy Director of National Intelligence.''.
Sec. 2. Section 3 of Executive Order 12949 of February 9, 1995,
is amended by:
(a) striking ``(c) Director of Central
Intelligence'' and inserting in lieu thereof ``Director
of National Intelligence'';
(b) striking ``and'' at the end of subsection (f);
(c) striking ``(g) Deputy Director of Central
Intelligence.'' and inserting in lieu thereof ``(g)
Director of the Central Intelligence Agency; and''; and
(d) adding at the end thereof ``(h) Principal
Deputy Director of National Intelligence.''.
Sec. 3. This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable by any
party at law or in equity against the United States, its
departments, agencies, entities, officers, employees, or
agents, or any other person.
Executive Order 13388
Further Strengthening the Sharing of Terrorism Information To
Protect Americans
=======================================================================
Signed: October 25, 2005
Federal Register page and date: 70 FR 62023, October 27, 2005
Revokes: EO 13356, August 27, 2004
Amends: EO 13311, July 29, 2003
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458), and in order to
further strengthen the effective conduct of United States
counterterrorism activities and protect the territory, people,
and interests of the United States of America, including
against terrorist attacks, it is hereby ordered as follows:
Section 1. Policy. To the maximum extent consistent with
applicable law, agencies shall, in the design and use of
information systems and in the dissemination of information
among agencies:
(a) give the highest priority to
(i) the detection, prevention, disruption,
preemption, and mitigation of the effects of
terrorist activities against the territory,
people, and interests of the United States of
America;
(ii) the interchange of terrorism
information among agencies;
(iii) the interchange of terrorism
information between agencies and appropriate
authorities of State, local, and tribal
governments, and between agencies and
appropriate private sector entities; and
(iv) the protection of the ability of
agencies to acquire additional such
information; and
(b) protect the freedom, information privacy, and
other legal rights of Americans in the conduct of
activities implementing subsection (a).
Sec. 2. Duties of Heads of Agencies Possessing or Acquiring
Terrorism Information. To implement the policy set forth in
section 1 of this order, the head of each agency that possesses
or acquires terrorism information:
(a) shall promptly give access to the terrorism
information to the head of each other agency that has
counterterrorism functions, and provide the terrorism
information to each such agency, unless otherwise
directed by the President, and consistent with
(i) the statutory responsibilities of the
agencies providing and receiving the
information;
(ii) any guidance issued by the Attorney
General to fulfill the policy set forth in
subsection 1(b) of this order; and
(iii) other applicable law, including
sections 102A(g) and (i) of the National
Security Act of 1947, section 1016 of the
Intelligence Reform and Terrorism Prevention
Act of 2004 (including any policies,
procedures, guidelines, rules, and standards
issued pursuant thereto), sections 202 and 892
of the Homeland Security Act of 2002, Executive
Order 12958 of April 17, 1995, as amended, and
Executive Order 13311 of July 29, 2003; and
(b) shall cooperate in and facilitate production of
reports based on terrorism information with contents
and formats that permit dissemination that maximizes
the utility of the information in protecting the
territory, people, and interests of the United States.
Sec. 3. Preparing Terrorism Information for Maximum
Distribution. To assist in expeditious and effective
implementation by agencies of the policy set forth in section 1
of this order, the common standards for the sharing of
terrorism information established pursuant to section 3 of
Executive Order 13356 of August 27, 2004, shall be used, as
appropriate, in carrying out section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004.
Sec. 4. Requirements for Collection of Terrorism Information
Inside the United States. To assist in expeditious and
effective implementation by agencies of the policy set forth in
section 1 of this order, the recommendations regarding the
establishment of executive branch-wide collection and sharing
requirements, procedures, and guidelines for terrorism
information collected within the United States made pursuant to
section 4 of Executive Order 13356 shall be used, as
appropriate, in carrying out section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004.
Sec. 5. Establishment and Functions of Information Sharing
Council.
(a) Consistent with section 1016(g) of the
Intelligence Reform and Terrorism Prevention Act of
2004, there is hereby established an Information
Sharing Council (Council), chaired by the Program
Manager to whom section 1016 of such Act refers, and
composed exclusively of designees of: the Secretaries
of State, the Treasury, Defense, Commerce, Energy, and
Homeland Security; the Attorney General; the Director
of National Intelligence; the Director of the Central
Intelligence Agency; the Director of the Office of
Management and Budget; the Director of the Federal
Bureau of Investigation; the Director of the National
Counterterrorism Center; and such other heads of
departments or agencies as the Director of National
Intelligence may designate.
(b) The mission of the Council is to
(i) provide advice and information
concerning the establishment of an
interoperable terrorism information sharing
environment to facilitate automated sharing of
terrorism information among appropriate
agencies to implement the policy set forth in
section 1 of this order; and
(ii) perform the duties set forth in
section 1016(g) of the Intelligence Reform and
Terrorism Prevention Act of 2004.
(c) To assist in expeditious and effective
implementation by agencies of the policy set forth in
section 1 of this order, the plan for establishment of
a proposed interoperable terrorism information sharing
environment reported under section 5(c) of Executive
Order 13356 shall be used, as appropriate, in carrying
out section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004.
Sec. 6. Definitions. As used in this order:
(a) the term ``agency'' has the meaning set forth
for the term ``executive agency'' in section 105 of
title 5, United States Code, together with the
Department of Homeland Security, but includes the
Postal Rate Commission and the United States Postal
Service and excludes the Government Accountability
Office; and
(b) the term ``terrorism information'' has the
meaning set forth for such term in section 1016(a)(4)
of the Intelligence Reform and Terrorism Prevention Act
of 2004.
Sec. 7. General Provisions.
(a) This order:
(i) shall be implemented in a manner
consistent with applicable law, including
Federal law protecting the information privacy
and other legal rights of Americans, and
subject to the availability of appropriations;
(ii) shall be implemented in a manner
consistent with the authority of the principal
officers of agencies as heads of their
respective agencies, including under section
199 of the Revised Statutes (22 U.S.C. 2651),
section 201 of the Department of Energy
Organization Act (42 U.S.C. 7131), section 103
of the National Security Act of 1947 (50 U.S.C.
403-3), section 102(a) of the Homeland Security
Act of 2002 (6 U.S.C. 112(a)), and sections 301
of title 5, 113(b) and 162(b) of title 10, 1501
of title 15, 503 of title 28, and 301(b) of
title 31, United States Code;
(iii) shall be implemented consistent with
the Presidential Memorandum of June 2, 2005, on
``Strengthening Information Sharing, Access,
and Integration - Organizational, Management,
and Policy Development Structures for Creating
the Terrorism Information Sharing
Environment;''
(iv) shall not be construed to impair or
otherwise affect the functions of the Director
of the Office of Management and Budget relating
to budget, administrative, and legislative
proposals; and
(v) shall be implemented in a manner
consistent with section 102A of the National
Security Act of 1947.
(b) This order is intended only to improve the
internal management of the Federal Government and is
not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law
or in equity by a party against the United States, its
departments, agencies, instrumentalities, or entities,
its officers, employees, or agents, or any other
person.
Sec. 8. Amendments and Revocation.
(a) Executive Order 13311 of July 29, 2003, is
amended:
(i) by striking ``Director of Central
Intelligence'' each place it appears and
inserting in lieu thereof in each such place
``Director of National Intelligence''; and
(ii) by striking ``103(c)(7)'' and
inserting in lieu thereof ``102A(i)(1)''.
(b) Executive Order 13356 of August 27, 2004, is
hereby revoked.
Executive Order 13389
Creation of the Gulf Coast Recovery and Rebuilding Council
(Amended by EO 13403, EO 13463)
=======================================================================
Signed: November 1, 2005
Federal Register page and date: 70 FR 67325, November 4, 2005
Amended by: EO 13403, May 12, 2006
EO 13463, April 18, 2008
=======================================================================
By the authority vested in me as President of the United
States by the Constitution and the laws of the United States of
America, including the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended (42 U.S.C. 5121-5206) (the
``Stafford Act''), and in order to further strengthen Federal
support for the recovery and rebuilding of the Gulf Coast
region affected by Hurricane Katrina and Hurricane Rita, it is
hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to
provide effective, integrated, and fiscally responsible support
from across the Federal Government to support State, local, and
tribal governments, the private sector, and faith-based and
other community humanitarian relief organizations in the
recovery and rebuilding of the Gulf Coast region affected by
Hurricane Katrina and Hurricane Rita.
Sec. 2. Establishment.
(a) There is established, within the Executive
Office of the President, the Gulf Coast Recovery and
Rebuilding Council (the ``Council''). The Assistant to
the President for Homeland Security and
Counterterrorism''; shall serve as the Chairman of the
Council (the ``Chairman''). The Council shall consist
exclusively of the following members or full-time
Federal officers or employees designated by them,
respectively:
(i) Secretary of the Treasury;
(ii) Secretary of Defense;
(iii) Attorney General;
(iv) Secretary of the Interior;
(v) Secretary of Agriculture;
(vi) Secretary of Commerce;
(vii) Secretary of Labor;
(viii) Secretary of Health and Human
Services;
(ix) Secretary of Housing and Urban
Development;
(x) Secretary of Transportation;
(xi) Secretary of Energy;
(xii) Secretary of Education;
(xiii) Secretary of Veterans Affairs;
(xiv) Secretary of Homeland Security;
(xv) Administrator of the Environmental
Protection Agency;
(xvi) Chairman of the Council of Economic
Advisers;
(xvii) Administrator of the Small Business
Administration;
(xviii) Director of the Office of
Management and Budget;
(xix) Coordinator of Federal Support for
the Recovery and Rebuilding of the Gulf Coast
Region;
(xx) Assistant to the President for
Economic Policy;
(xxi) Assistant to the President for
Domestic Policy;
(xxii) Assistant to the President for
Homeland Security and Counterterrorism; and
(xxiii) Such other officers and employees
of the executive branch as the Chairman may
from time to time designate.
(b) The Chairman, in consultation with the
Coordinator, shall convene and preside over meetings of
the Council, determine its agenda, direct its work,
and, as appropriate to particular subject matters,
establish and direct subgroups of the Council, which
shall consist of Council members or their designees
under subsection 2(a) of this order, and including
those officers and employees of the executive branch as
designated by the Chairman.
Sec. 3. Functions of Council. The Council shall:
(a) at the request of the Chairman, the Coordinator
of Federal Support for the Recovery and Rebuilding of
the Gulf Coast Region, or any agency head who is a
member of the Council (subject to the approval of the
Chairman), promptly review and provide advice and
guidance, for the purpose of furthering the policy set
forth in section 1 of this order, regarding any issue
relating to the implementation of that policy; and
(b) make recommendations to the President, as
appropriate, regarding any issue considered by the
Council pursuant to section 3(a) of this order.
Sec. 4. General.
(a) To the extent permitted by law:
(i) agencies shall assist and provide
information to the Council for the performance
of its functions under this order; and
(ii) the Director of the Office of
Administration shall provide or arrange for the
provision of administrative support to the
Council.
(b) Nothing in this order shall be construed to
impair or otherwise affect the functions of the
Director of the Office of Management and Budget
relating to budget, administrative, or legislative
proposals.
(c) This order shall be implemented in a manner
consistent with applicable law and subject to the
availability of appropriations.
(d) This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity by a party against the United States, its
departments, agencies, instrumentalities, or entities,
its officers or employees, or any other person.
Sec. 5. Termination. The Council shall terminate February 28,
2009, unless extended by the President.
Executive Order 13390
Establishment of a Coordinator of Federal Support for the
Recovery and Rebuilding of the Gulf Coast Region
(Amended by EO 13463, EO 13504, PEO 13512)
=======================================================================
Signed: November 1, 2005
Federal Register page and date: 70 FR 67327, November 4, 2005
Amended by: EO 13463, April 18, 2008
EO 13504, February 19, 2009
EO 13512, September 29, 2009
=======================================================================
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 (6 U.S.C. 101 et
seq.) and the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. 5121-5206) (the
``Stafford Act''), and to further strengthen Federal support
for the recovery and rebuilding of the Gulf Coast region
affected by Hurricane Katrina and Hurricane Rita, it is hereby
ordered as follows:
Section 1. Policy. It is the policy of the United States to
provide effective, integrated, and fiscally responsible support
from across the Federal Government to support State, local, and
tribal governments, the private sector, and faith-based and
other community humanitarian relief organizations in the
recovery and rebuilding of the Gulf Coast region affected by
Hurricane Katrina and Hurricane Rita (the ``Federal
Response'').
Sec. 2. Establishment of Coordinator. The Secretary of Homeland
Security (Secretary) shall establish in the Department of
Homeland Security the position of Coordinator of Federal
Support for the Recovery and Rebuilding of the Gulf Coast
Region (Coordinator). The Coordinator shall be selected by the
President and shall be appointed by and report directly to the
Secretary. The Secretary shall make available to the
Coordinator such personnel, funds, and other resources as may
be appropriate to enable the Coordinator to carry out the
Coordinator's mission.
Sec. 3. Mission and Functions of Coordinator.
(a) The Coordinator's mission shall be to work with
executive departments and agencies to ensure the proper
implementation of the policy set forth in section 1 of
this order by coordinating the Federal Response. The
Coordinator shall be the principal point of contact for
the President and his senior advisors with respect to
the Federal Response.
(b) Working with the input of all appropriate heads
of executive departments and agencies, the Coordinator
shall lead the process to develop the principles
governing and define the goals of the Federal Response.
The Coordinator shall communicate those principles and
goals to all Federal officials involved in the Federal
Response.
(c) Working with the input of all appropriate heads
of executive departments and agencies, the Coordinator
shall lead the development and monitor the
implementation of the specific policies and programs
that constitute the Federal Response, and ensure that
those polices and programs are consistent with the
principles and goals of the Federal Response.
(d) The Coordinator shall serve as the primary
point of contact within the executive branch with the
Congress, State and local governments, the private
sector, and community leaders regarding the Federal
Response. Working with the input of all appropriate
heads of executive departments and agencies, the
Coordinator shall be responsible for managing
information flow, requests for actions, and discussions
regarding the Federal Response with the Congress, State
and local governments, the private sector, and
community leaders.
Sec. 4. Duties of Heads of Departments and Agencies. Heads of
executive departments and agencies shall respond promptly to
any request by the Coordinator, and shall, consistent with
applicable law, provide such information as the Coordinator
deems necessary to carry out the Coordinator's mission, and
shall otherwise cooperate with the Coordinator to the greatest
extent practicable to facilitate the performance of the
Coordinator's mission.
Sec. 5. General Provisions.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to an agency
or the head thereof;
(ii) the functions of the Director of the
Office of Management and Budget relating to
budget, administrative, or legislative
proposals; or
(iii) the chain of command over the Armed
Forces provided in section 162(b) of title 10,
United States Code.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations, and shall terminate April 1, 2010.
(c) As used in this order, the term ``agency'' has
the meaning set forth for the term ``executive agency''
in section 105 of title 5, United States Code,
excluding the Government Accountability Office.
(d) This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity by a party against the United States, its
departments, agencies, entities, officers, employees or
agents, or any other person.
Executive Order 13407
Public Alert and Warning System
=======================================================================
Signed: June 26, 2006
Federal Register page and date: 71 FR 36975, June 28, 2006
Amends: EO 12472, April 3, 1984
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. 5121 et seq.), and the
Homeland Security Act of 2002, as amended (6 U.S.C. 101 et
seq.), it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to
have an effective, reliable, integrated, flexible, and
comprehensive system to alert and warn the American people in
situations of war, terrorist attack, natural disaster, or other
hazards to public safety and well- being (public alert and
warning system), taking appropriate account of the functions,
capabilities, and needs of the private sector and of all levels
of government in our Federal system, and to ensure that under
all conditions the President can communicate with the American
people.
Sec. 2. Functions of the Secretary of Homeland Security.
(a) To implement the policy set forth in section 1
of this order, the Secretary of Homeland Security
shall:
(i) inventory, evaluate, and assess the
capabilities and integration with the public
alert and warning system of Federal, State,
territorial, tribal, and local public alert and
warning resources;
(ii) establish or adopt, as appropriate,
common alerting and warning protocols,
standards, terminology, and operating
procedures for the public alert and warning
system to enable interoperability and the
secure delivery of coordinated messages to the
American people through as many communication
pathways as practicable, taking account of
Federal Communications Commission rules as
provided by law;
(iii) ensure the capability to adapt the
distribution and content of communications on
the basis of geographic location, risks, or
personal user preferences, as appropriate;
(iv) include in the public alert and
warning system the capability to alert and warn
all Americans, including those with
disabilities and those without an understanding
of the English language;
(v) through cooperation with the owners and
operators of communication facilities,
maintain, protect, and, if necessary, restore
communications facilities and capabilities
necessary for the public alert and warning
system;
(vi) ensure the conduct of training, tests,
and exercises for the public alert and warning
system;
(vii) ensure the conduct of public
education efforts so that State, territorial,
tribal, and local governments, the private
sector, and the American people understand the
functions of the public alert and warning
system and how to access, use, and respond to
information from the public alert and warning
system;
(viii) consult, coordinate, and cooperate
with the private sector, including
communications media organizations, and
Federal, State, territorial, tribal, and local
governmental authorities, including emergency
response providers, as appropriate;
(ix) administer the Emergency Alert System
(EAS) as a critical component of the public
alert and warning system; and
(x) ensure that under all conditions the
President of the United States can alert and
warn the American people.
(b) In performing the functions set forth in
subsection (a) of this section, the Secretary of
Homeland Security shall coordinate with the Secretary
of Commerce, the heads of other departments and
agencies of the executive branch (agencies), and other
officers of the United States, as appropriate, and the
Federal Communications Commission.
(c) The Secretary of Homeland Security may issue
guidance to implement this order.
Sec. 3. Duties of Heads of Departments and Agencies.
(a) The heads of agencies shall provide such
assistance and information as the Secretary of Homeland
Security may request to implement this order.
(b) In addition to performing the duties specified
under subsection (a) of this section:
(i) the Secretary of Commerce shall make
available to the Secretary of Homeland
Security, to assist in implementing this order,
the capabilities and expertise of the
Department of Commerce relating to standards,
technology, telecommunications, dissemination
systems, and weather;
(ii) the Secretary of Defense shall provide
to the Secretary of Homeland Security
requirements for the public alert and warning
system necessary to ensure proper coordination
of the functions of the Department of Defense
with the use of such system;
(iii) the Federal Communications Commission
shall, as provided by law, adopt rules to
ensure that communications systems have the
capacity to transmit alerts and warnings to the
public as part of the public alert and warning
system; and
(iv) the heads of agencies with
capabilities for public alert and warning shall
comply with guidance issued by the Secretary of
Homeland Security under subsection 2(c) of this
order, and shall develop and maintain such
capabilities in a manner consistent and
interoperable with the public alert and warning
system.
Sec. 4. Reports on Implementation. Not later than 90 days after
the date of this order, the Secretary of Homeland Security
shall submit to the President, through the Assistant to the
President for Homeland Security and Counterterrorism, a plan
for the implementation of this order, and shall thereafter
submit reports from time to time, and not less often than once
each year, on such implementation, together with any
recommendations the Secretary finds appropriate.
Sec. 5. Amendment, Revocation, and Transition.
(a) Section 3(b)(4) of Executive Order 12472 of
April 3, 1984, as amended, is further amended by
striking ``Emergency Broadcast System'' and inserting
in lieu thereof ``Emergency Alert System''.
(b) Not later than 120 days after the date of this
order, the Secretary of Homeland Security, after
consultation with the Assistant to the President for
Homeland Security and Counterterrorism, shall issue
guidance under section 2(c) of this order that shall
address the subject matter of the presidential
memorandum of September 15, 1995, for the Director,
Federal Emergency Management Agency, on Presidential
Communications with the General Public During Periods
of National Emergency, and upon issuance of such
guidance such memorandum is revoked.
(c) The Secretary of Homeland Security shall ensure
an orderly and effective transition, without loss of
capability, from alert and warning systems available as
of the date of this order to the public alert and
warning system for which this order provides.
Sec. 6. General Provisions.
(a) This order shall be implemented in a manner
consistent with:
(i) applicable law and presidential
guidance, including Executive Order 12472 of
April 3, 1984, as amended, and subject to the
availability of appropriations; and
(ii)the authorities of agencies, or heads
of agencies, vested by law.
(b) This order shall not be construed to impair or
otherwise affect the functions of the Director of the
Office of Management and Budget relating to budget,
administrative, and legislative proposals.
(c) This order is not intended to, and does not,
create any rights or benefits, substantive or
procedural, enforceable at law or in equity by a party
against the United States, its agencies,
instrumentalities, or entities, its officers,
employees, or agents, or any other person.
Executive Order 13416
Strengthening Surface Transportation Security
=======================================================================
Signed: December 5, 2006
Federal Register page and date: 71 FR 71033, December 7, 2006
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
to strengthen the security of the Nation's surface
transportation systems and thereby enhance the protection of
the people, property, and territory of the United States of
America against terrorist attacks, it is hereby ordered as
follows:
Section 1. Policy. The security of our Nation's surface
transportation systems is a national priority, vital to our
economy, and essential to the security of our Nation. Federal,
State, local, and tribal governments, the private sector, and
the public share responsibility for the security of surface
transportation. It is the policy of the United States to
protect the people, property, and territory of the United
States by facilitating the implementation of a comprehensive,
coordinated, and efficient security program to protect surface
transportation systems within and adjacent to the United States
against terrorist attacks.
Sec. 2. Definitions. For purposes of this order:
(a) ``agencies'' means those executive departments
enumerated in 5 U.S.C. 101, independent establishments
as defined by 5 U.S.C. 104(1), government corporations
as defined by 5 U.S.C. 103(1), and the United States
Postal Service;
(b) ``Secretary'' means the Secretary of Homeland
Security;
(c) ``security guideline'' means any security-
related guidance that the Secretary recommends, for
implementation on a voluntary basis, to enhance the
security of surface transportation;
(d) ``security requirement'' means any ``regulatory
action'' as defined in section 3 of Executive Order
12866 of September 30, 1993, as amended (Regulatory
Planning and Review), including security directives
when appropriate, to implement measures to enhance the
security of surface transportation;
(e) ``surface transportation modes'' means mass
transit, commuter and long-distance passenger rail,
freight rail, commercial vehicles (including intercity
buses), and pipelines, and related infrastructure
(including roads and highways), that are within the
territory of the United States, but does not include
electric grids; and
(f) ``surface transportation'' means any conveyance
of people, goods, or commodities using one or more
surface transportation modes.
Sec. 3. Functions of the Secretary of Homeland Security. The
Secretary is the principal Federal official responsible for
infrastructure protection activities for surface
transportation. To implement the policy set forth in section 1
of this order, the Secretary shall, consistent with the
National Infrastructure Protection Plan (NIPP), in coordination
with the Secretary of Transportation, and in consultation with
the heads of other relevant agencies:
(a) assess the security of each surface
transportation mode and evaluate the effectiveness and
efficiency of current Federal Government surface
transportation security initiatives;
(b) building upon current security initiatives, not
later than December 31, 2006, develop a comprehensive
transportation systems sector specific plan, as defined
in the NIPP;
(c) not later than 90 days after the comprehensive
transportation systems sector specific plan is
completed, develop an annex to such plan that addresses
each surface transportation mode, which shall also
include, at a minimum--(i) an identification of
existing security guidelines and security requirements
and any security gaps, a description of how the
transportation systems sector specific plan will be
implemented for such mode, and the respective roles,
responsibilities, and authorities of Federal, State,
local, and tribal governments and the private sector;
(ii) schedules and protocols for annual reviews of the
effectiveness of surface transportation security-
related information sharing mechanisms in bringing
about the timely exchange of surface transportation
security information among Federal, State, local, and
tribal governments and the private sector, as
appropriate; and (iii) a process for assessing (A)
compliance with any security guidelines and security
requirements issued by the Secretary for surface
transportation, and (B) the need for revision of such
guidelines and requirements to ensure their continuing
effectiveness;
(d) in consultation with State, local, and tribal
government officials and the private sector, not later
than 180 days after the date of this order, identify
surface transportation modes, or components thereof,
that are subject to high risk of terrorist attack,
draft appropriate security guidelines or security
requirements to mitigate such risks, and ensure that,
prior to their issuance, draft security requirements
are transmitted to the Office of Management and Budget
for review in accordance with Executive Order 12866 and
draft security guidelines receive appropriate
interagency review;
(e) develop, implement, and lead a process, in
collaboration with other agencies, State, local, and
tribal governments, and the private sector, as
appropriate, to coordinate research, development,
testing, and evaluation of technologies (including
alternative uses for commercial off-the-shelf
technologies and products) relating to the protection
of surface transportation, including--(i) determining
product and technology needs to inform the requirements
for and prioritization of research, development,
testing, and evaluation, based on the security
guidelines and security requirements developed pursuant
to subsection (c) of this section and evolving
terrorist threats to the security of surface
transportation; (ii) collecting information on existing
and planned research, development, testing, and
evaluation efforts; and (iii) not later than 180 days
after the date of this order, consistent with section
313 of the Homeland Security Act of 2002, as amended (6
U.S.C. 193), establishing and making available to
Federal, State, local, and tribal government entities,
and private sector owners and operators of surface
transportation systems, lists of available technologies
and products relating to the protection of surface
transportation; and
(f) use security grants authorized by law to assist
in implementing security requirements and security
guidelines issued pursuant to law and consistent with
subsection (c) of this section.
Sec. 4. Duties of Heads of Other Agencies. Heads of agencies,
as appropriate, shall provide such assistance and information
as the Secretary may request to implement this order.
Sec. 5. General Provisions. This order:
(a) shall be implemented consistent with applicable
law and the authorities of agencies, or heads of
agencies, vested by law, and subject to the
availability of appropriations;
(b) shall not be construed to impair or otherwise
affect the functions of the Director of the Office of
Management and Budget relating to budget,
administrative, and legislative proposals; and
(c) is not intended to, and does not, create any
rights or benefits, substantive or procedural,
enforceable at law or in equity by a party against the
United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any
other person.
Executive Order 13434
National Security Professional Development
=======================================================================
Signed: May 17, 2007
Federal Register page and date: 72 FR 28583, May 22, 2007
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to enhance the national security, it is hereby ordered
as follows:
Section 1. Policy. In order to enhance the national security of
the United States, including preventing, protecting against,
responding to, and recovering from natural and manmade
disasters, such as acts of terrorism, it is the policy of the
United States to promote the education, training, and
experience of current and future professionals in national
security positions (security professionals) in executive
departments and agencies (agencies).
Sec. 2. National Strategy for Professional Development. Not
later than 60 days after the date of this order, the Assistant
to the President for Homeland Security and Counterterrorism
(APHS/CT), in coordination with the Assistant to the President
for National Security Affairs (APNSA), shall submit to the
President for approval a National Strategy for the Development
of Security Professionals (National Strategy). The National
Strategy shall set forth a framework that will provide to
security professionals access to integrated education,
training, and professional experience opportunities for the
purpose of enhancing their mission-related knowledge, skills,
and experience and thereby improve their capability to
safeguard the security of the Nation. Such opportunities shall
be provided across organizations, levels of government, and
incident management disciplines, as appropriate.
Sec. 3. Executive Steering Committee.
(a) There is established the Security Professional
Development Executive Steering Committee (Steering
Committee), which shall facilitate the implementation
of the National Strategy. Not later than 120 days after
the approval of the National Strategy by the President,
the Steering Committee shall submit to the APHS/CT and
the APNSA an implementation plan (plan) for the
National Strategy, and annually thereafter shall submit
to the APHS/CT and the APNSA a status report on the
implementation of the plan and any recommendations for
changes to the National Strategy.
(b) The Steering Committee shall consist exclusively
of the following members (or their designees who shall
be full-time officers or employees of the members'
respective agencies):
(i) the Director of the Office of
Personnel Management, who shall serve as Chair;
(ii) the Secretary of State;
(iii) the Secretary of the Treasury;
(iv) the Secretary of Defense;
(v) the Attorney General;
(vi) the Secretary of Agriculture;
(vii) the Secretary of Labor;
(viii) the Secretary of Health and Human
Services;
(ix) the Secretary of Housing and Urban
Development;
(x) the Secretary of Transportation;
(xi) the Secretary of Energy;
(xii) the Secretary of Education;
(xiii) the Secretary of Homeland Security;
(xiv) the Director of National Intelligence;
(xv) the Director of the Office of
Management and Budget; and
(xvi) such other officers of the United
States as the Chair of the Steering Committee
may designate from time to time.
(c) The Steering Committee shall coordinate, to the
maximum extent practicable, national security
professional development programs and guidance issued
by the heads of agencies in order to ensure an
integrated approach to such programs.
(d) The Chair of the Steering Committee shall convene
and preside at the meetings of the Steering Committee,
set its agenda, coordinate its work, and, as
appropriate to deal with particular subject matters,
establish subcommittees of the Steering Committee that
shall consist exclusively of members of the Steering
Committee (or their designees under subsection (b) of
this section), and such other full-time or permanent
part-time officers or employees of the Federal
Government as the Chair may designate.
Sec. 4. Responsibilities. The head of each agency with national
security functions shall:
(a) identify and enhance existing national security
professional development programs and infrastructure,
and establish new programs as necessary, in order to
fulfill their respective missions to educate, train,
and employ security professionals consistent with the
National Strategy and, to the maximum extent
practicable, the plan and related guidance from the
Steering Committee; and
(b) cooperate with the Steering Committee and provide
such information, support, and assistance as the Chair
of the Steering Committee may request from time to
time.
Sec. 5. Additional Responsibilities.
(a) Except for employees excluded by law, and subject
to subsections (b), (c), and (d) of this section, the
Director of the Office of Personnel Management, after
consultation with the Steering Committee, shall: (i)
consistent with applicable merit-based hiring and
advancement principles, lead the establishment of a
national security professional development program in
accordance with the National Strategy and the plan that
provides for interagency and intergovernmental
assignments and fellowship opportunities and provides
for professional development guidelines for career
advancement; and (ii) issue to agencies rules and
guidance or apply existing rules and guidance relating
to the establishment of national security professional
development programs to implement the National Strategy
and the plan;
(b) The Secretary of Defense shall issue rules or
guidance on professional development programs for
Department of Defense military personnel, including
interagency and intergovernmental assignments and
fellowship opportunities, to implement the National
Strategy and the plan, as appropriate, and shall
coordinate such programs, to the maximum extent
practicable, with the Steering Committee;
(c) The Secretary of State shall issue rules or
guidance on national security professional development
programs for the Foreign Service, including interagency
and intergovernmental exchanges and fellowship
opportunities, to implement the National Strategy and
the plan, as appropriate, and shall coordinate such
programs, to the maximum extent practicable, with the
Steering Committee;
(d) The Director of National Intelligence, in
coordination with the heads of agencies of which
elements of the intelligence community are a part,
shall issue rules or guidance on national security
professional development programs for the intelligence
community, including interagency and intergovernmental
assignments and fellowship opportunities, to implement
the National Strategy and the plan, as appropriate, and
shall coordinate such programs, to the maximum extent
practicable, with the Steering Committee; and
(e) The Secretary of Homeland Security shall develop
a program to provide to Federal, State, local, and
tribal government officials education in disaster
preparedness, response, and recovery plans and
authorities, and training in crisis decision-making
skills, consistent with applicable presidential
guidance.
Sec. 6. General Provisions. This order:
(a) shall be implemented consistent with applicable
law and authorities of agencies, or heads of agencies,
vested by law, and subject to the availability of
appropriations;
(b) shall not be construed to impair or otherwise
affect the authorities of any agency, instrumentality,
officer, or employee of the United States under
applicable law, including the functions of the Director
of the Office of Management and Budget relating to
budget, administrative, or legislative proposals, or
the functions assigned by the President to the Director
of the Office of Personnel Management; and
(c) is not intended to, and does not, create any
right, benefit, or privilege, substantive or
procedural, enforceable at law or in equity, by any
party against the United States, its departments,
agencies, instrumentalities, or entities, its officers
or employees, or any other person.
Executive Order 13442
Amending the Order of Succession in the Department of Homeland
Security
=======================================================================
Signed: August 13, 2007
Federal Register page and date: 72 FR 45877, August 15, 2007
Amends: EO 13286, February 28, 2003
Revokes: EO 13362, November 29, 2004
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Federal Vacancies Reform Act of 1998, 5 U.S.C.
3345, et seq., it is hereby ordered as follows:
Section 1. Section 88 of 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''), is amended by striking the
text of such section in its entirety and inserting the
following in lieu thereof:
``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, the
Secretary of Homeland Security (Secretary), if they are
eligible to act as Secretary under the provisions of
the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345
et seq. (Vacancies Act), 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 National
Protection and Programs;
(iii) Under Secretary for Management;
(iv) Assistant Secretary of Homeland
Security (Policy);
(v) Under Secretary for Science and
Technology;
(vi) General Council;
(vii) Assistant Secretary of Homeland
Security (Transportation Security
Administration);
(viii) Administrator of the Federal
Emergency Management Agency;
(ix) Commissioner of U.S. Customs and
Border Protection;
(x) Assistant Secretary of Homeland
Security (U.S. Immigration and Customs
Enforcement);
(xi) Director of U.S. Citizenship and
Immigration Services;
(xii) Chief Financial Officer;
(xiii) Regional Administrator, Region
V, Federal Emergency Management Agency;
(xiv) Regional Administrator, Region
VI, Federal Emergency Management
Agency;
(xv) Regional Administrator, Region
VII, Federal Emergency Management
Agency;
(xvi) Regional Administrator, Region
IX, Federal Emergency Management
Agency; and
(xvii) Regional Administrator, Region
I, Federal Emergency Management Agency.
``(b) Exceptions.
(i) No individual who is serving in an
office listed in subsection (a) in an
acting capacity, by virtue of so
serving, shall act as Secretary
pursuant to this section.
(ii) Notwithstanding the provisions of
this section, the President retains
discretion, to the extent permitted by
the Vacancies Act, to depart from this
order in designating an acting
Secretary.''
Sec. 2. Executive Order 13362 of November 29, 2004
(``Designation of Additional Officers for the Department of
Homeland Security Order of Succession''), is hereby revoked.
Executive Order 13462
President's Intelligence Advisory Board and Intelligence
Oversight Board
(As Amended by EO 13516)
=======================================================================
Signed: February 29, 2008
Federal Register page and date: 73 FR 4677, January 25, 2008
Amended by: EO 13516, October 28, 2009
Revokes: EO 12863, September 13, 1993
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it
is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to
ensure that the President and other officers of the United
States with responsibility for the security of the Nation and
the advancement of its interests have access to accurate,
insightful, objective, and timely information concerning the
capabilities, intentions, and activities of foreign powers.
Sec. 2. Definitions. As used in this order:
(a) ``department concerned'' means an executive
department listed in section 101 of title 5, United
States Code, that contains an organization listed in or
designated pursuant to section 3(4) of the National
Security Act of 1947, as amended (50 U.S.C. 401a(4));
(b) ``intelligence activities'' has the meaning
specified in section 3.5of Executive Order 12333 of
December 4, 1981, as amended; and
(c) ``intelligence community'' means the
organizations listed in or designated pursuant to
section 3(4) of the National Security Act of 1947, as
amended.
Sec. 3. Establishment of the President's Intelligence Advisory
Board.
(a) There is hereby established, within the
Executive Office of the President and exclusively to
advise and assist the President as set forth in this
order, the President's Intelligence Advisory Board
(PIAB).
(b) The PIAB shall consist of not more than 16
members appointed by the President from among
individuals who are not full-time employees of the
Federal Government.
(c) The President shall designate a Chair or Co-
Chairs from among the members of the PIAB, who shall
convene and preside at meetings of the PIAB, determine
its agenda, and direct its work.
(d) Members of the PIAB and the Intelligence
Oversight Board (IOB) established in section 5 of this
order:
(i) shall serve without any compensation
for their work on the PIAB or the IOB; and
(ii) while engaged in the work of the PIAB
or the IOB, may be allowed travel expenses,
including per diem in lieu of subsistence, as
authorized by law for persons serving
intermittently in the Government (5 U.S.C.
5701-5707).
(e) The PIAB shall utilize such full-time
professional and administrative staff as authorized by
the Chair and approved by the President or the
President's designee. Such staff shall be supervised by
an Executive Director of the PIAB, appointed by the
President, whom the President may designate to serve
also as the Executive Director of the IOB.
Sec. 4. Functions of the PIAB. Consistent with the policy set
forth in section 1 of this order, the PIAB shall have the
authority to, as the PIAB determines appropriate, or shall,
when directed by the President:
(a) assess the quality, quantity, and adequacy of
intelligence collection, of analysis and estimates, and
of counterintelligence and other intelligence
activities, assess the adequacy of management,
personnel and organization in the intelligence
community, and review the performance of all agencies
of the Federal Government that are engaged in the
collection, evaluation, or production of intelligence
or the execution of intelligence policy and report the
results of such assessments or reviews:
(i) to the President, as necessary but not
less than twice each year; and
(ii) to the Director of National
Intelligence (DNI) and the heads of departments
concerned when the PIAB determines appropriate;
and
(b) consider and make appropriate recommendations
to the President, the DNI, or the head of the
department concerned with respect to matters identified
to the PIAB by the DNI or the head of a department
concerned.
Sec. 5. Establishment of Intelligence Oversight Board.
(a) There is hereby established a committee of the
PIAB to be known as the Intelligence Oversight Board.
(b) The IOB shall consist of not more than five
members of the PIAB who are designated by the President
from among members of the PIAB to serve on the IOB. The
IOB shall utilize such full-time professional and
administrative staff as authorized by the Chair and
approved by the President or the President's designee.
Such staff shall be supervised by an Executive Director
of the IOB, appointed by the President, whom the
President may designate to serve also as the Executive
Director of the PIAB.
(c) The President shall designate a Chair from
among the members of the IOB, who shall convene and
preside at meetings of the IOB, determine its agenda,
and direct its work.
Sec. 6. Functions of the IOB. Consistent with the policy set
forth in section 1 of this order, the IOB shall:
(a) issue criteria on the thresholds for reporting
matters to the IOB, to the extent consistent with
section section 1.7(d) of Executive Order 12333 or the
corresponding provision of any successor order;
(b) inform the President of intelligence activities
that the IOB believes:
(i)(A) may be unlawful or contrary to
Executive Order or presidential directive; and
(B) are not being adequately
addressed by the Attorney General, the
DNI, or the head of the department
concerned; or
(ii) should be immediately reported to the
President.
(c) forward to the Attorney General information
concerning intelligence activities that involve
possible violations of Federal criminal laws or
otherwise implicate the authority of the Attorney
General;
(d) review and assess the effectiveness,
efficiency, and sufficiency of the processes by which
the DNI and the heads of departments concerned perform
their respective functions under this order and report
thereon as necessary, together with any
recommendations, to the President and, as appropriate,
the DNI and the head of the department concerned;
(e) receive and review information submitted by the
DNI under subsection 7(c) of this order and make
recommendations thereon, including for any needed
corrective action, with respect to such information,
and the intelligence activities to which the
information relates, as necessary, but not less than
twice each year, to the President, the DNI, and the
head of the department concerned; and
(f) conduct, or request that the DNI or the head of
the department concerned, as appropriate, carry out and
report to the IOB the results of, investigations of
intelligence activities that the IOB determines are
necessary to enable the IOB to carry out its functions
under this order.
Sec. 7. Functions of the Director of National Intelligence.
Consistent with the policy set forth in section 1 of this
order, the DNI shall:
(a) with respect to guidelines applicable to
organizations within the intelligence community that
concern reporting of intelligence activities described
in subsection 6(b)(i)(A) of this order:
(i) review and ensure that such guidelines
are consistent with section 1.7(d) of Executive
Order 12333, or a corresponding provision of
any successor order, and this order; and
(ii) issue for incorporation in such
guidelines instructions relating to the format
and schedule of such reporting as necessary to
implement this order;
(b) with respect to intelligence activities
described in subsection 6(b)(i)(A) of this order:
(i) receive reports submitted to the IOB
pursuant to section 1.7(d) of Executive Order
12333, or a corresponding provision of any
successor order;
(ii) forward to the Attorney General
information in such reports relating to such
intelligence activities to the extent that such
activities involve possible violations of
Federal criminal laws or implicate the
authority of the Attorney General unless the
DNI or the head of the department concerned has
previously provided such information to the
Attorney General; and
(iii) monitor the intelligence community to
ensure that the head of the department
concerned has directed needed corrective
actions and that such actions have been taken
and report to the IOB and the head of the
department concerned, and as appropriate the
President, when such actions have not been
timely taken; and
(c) submit to the IOB as necessary and no less than
twice each year:
(i) an analysis of the reports received
under subsection (b)(i) of this section,
including an assessment of the gravity,
frequency, trends, and patterns of occurrences
of intelligence activities described in
subsection 6(b)(i)(A) of this order;
(ii) a summary of direction under
subsection (b)(iii) of this section and any
related recommendations; and
(iii) an assessment of the effectiveness of
corrective action taken by the DNI or the head
of the department concerned with respect to
intelligence activities described in subsection
6(b)(i)(A) of this order.
Sec. 8. Functions of Heads of Departments Concerned and
Additional Functions of the Director of National Intelligence.
(a) To the extent permitted by law, the DNI and the
heads of departments concerned shall provide such
information and assistance as the PIAB and the IOB
determine is needed to perform their functions under
this order
(b) The heads of departments concerned shall:
(i) ensure that the DNI receives:
(A) copies of reports submitted to
the IOB pursuant to section 1.7(d) of
Executive Order 12333, or a
corresponding provision of any
successor order; and
(B) such information and assistance
as the DNI may need to perform
functions under this order; and
(ii) designate the offices within their
respective organizations that shall submit
reports to the IOB required by Executive Order
and inform the DNI and the IOB of such
designations; and
(iii) ensure that departments concerned
comply with instructions issued by the DNI
under subsection 7(a)(ii) of this order.
(c) The head of a department concerned who does not
implement a recommendation to that head of department
from the PIAB under subsection 4(b) of this order or
from the IOB under subsections 6(c) or 6(d) of this
order shall promptly report through the DNI to the
Board that made the recommendation, or to the
President, the reasons for not implementing the
recommendation.
(d) The DNI shall ensure that the Director of the
Central Intelligence Agency performs the functions with
respect to the Central Intelligence Agency under this
order that a head of a department concerned performs
with respect to organizations within the intelligence
community that are part of that department.
Sec. 9. References and Transition.
(a) References in Executive Orders other than this
order, or in any other presidential guidance, to the
``President's Foreign Intelligence Advisory Board''
shall be deemed to be references to the President's
Intelligence Advisory Board established by this order.
(b) Individuals who are members of the President's
Foreign Intelligence Advisory Board under Executive
Order 12863 of September 13, 1993, as amended,
immediately prior to the signing of this order shall be
members of the President's Intelligence Advisory Board
immediately upon the signing of this order, to serve as
such consistent with this order until the date that is
15 months following the date of this order.
(c) Individuals who are members of the Intelligence
Oversight Board under Executive Order 12863 immediately
prior to the signing of this order shall be members of
the Intelligence Oversight Board under this order, to
serve as such consistent with this order until the date
that is 15 months following the date of this order.
(d) The individual serving as Executive Director of
the President's Foreign Intelligence Advisory Board
immediately prior to the signing of this order shall
serve as the Executive Director of the PIAB until such
person resigns, dies, or is removed, or upon
appointment of a successor under this order and shall
serve as the Executive Director of the IOB until an
Executive Director of the IOB is appointed or
designated under this order.
Sec. 10. Revocation. Executive Order 12863 is revoked.
Sec. 11. General Provisions.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to a
department or agency, or the head thereof; or
(ii) functions of the Director of the
Office of Management and Budget relating to
budget, administrative, or legislative
proposals.
(b) Any person who is a member of the PIAB or the
IOB, or who is granted access to classified national
security information in relation to the activities of
the PIAB or the IOB, as a condition of access to such
information, shall sign and comply with appropriate
agreements to protect such information from
unauthorized disclosure. This order shall be
implemented in a manner consistent with Executive Order
12958 of April 17, 1995, as amended, and Executive
Order 12968 of August 2, 1995, as amended.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(d) This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity, by any party against the United States, its
departments, agencies or entities, its officers,
employees, or agents, or any other person.
Executive Order 13475
Further Amendments To Executive Orders 12139 And 12949 In Light
of the Foreign Intelligence Surveillance Act of 1978 Amendments
Act of 2008
=======================================================================
Signed: October 7, 2008
Federal Register page and date: 73 FR 60095, October 10, 2008
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 104 and 303 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended
by the Foreign Intelligence Surveillance Act of 1978 Amendments
Act of 2008 (Public Law 110-261), it is hereby ordered as
follows:
Section 1. Section 1-103 of Executive Order 12139 of May 23,
1979, as amended, is further amended by:
(a) striking ``(7)'' each place it appears and
inserting in lieu thereof ``(6)'';
(b) adding after subsection (h) ``(i) Deputy
Director of the Federal Bureau of Investigation.''; and
(c) by adding after the sentence that begins ``None
of the above officials . . .'', a new sentence to read
``The requirement of the preceding sentence that the
named official must be appointed by the President with
the advice and consent of the Senate does not apply to
the Deputy Director of the Federal Bureau of
Investigation.''
Sec. 2. Section 3 of Executive Order 12949 of February 9, 1995,
as amended, is further amended by:
(a) striking ``(7)'' each place it appears and
inserting in lieu thereof ``(6)'';
(b) striking ``and'' at the end of subsection (g);
(c) striking the period at the end of subsection
(h) and inserting in lieu thereof ``; and'';
(d) adding after subsection (h) ``(i) Deputy
Director of the Federal Bureau of Investigation.''; and
(e) by adding after the sentence that begins ``None
of the above officials . . .'', a new sentence to read
``The requirement of the preceding sentence that the
named official must be appointed by the President with
the advice and consent of the Senate does not apply to
the Deputy Director of the Federal Bureau of
Investigation.''
Sec. 3. This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity, by any party against the United States, its
agencies, instrumentalities, or entities, its officers,
employees, or agents, or any other person.
Executive Order 13486
Strengthening Laboratory Biosecurity in the United States
=======================================================================
Signed: January 9, 2009
Federal Register page and date: 74 FR 2289, January 14, 2009
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it
is hereby ordered as follows:
Section 1. Policy.
It is the policy of the United States that facilities that
possess biological select agents and toxins have appropriate
security and personnel assurance practices to protect against
theft, misuse, or diversion to unlawful activity of such agents
and toxins.
Sec. 2. Establishment and Operation of the Working Group.
(a) There is hereby established, within the
Department of Defense for administrative purposes only,
the Working Group on Strengthening the Biosecurity of
the United States (Working Group).
(b) The Working Group shall consist exclusively of
the following members:
(i) the Secretary of State;
(ii) the Secretary of Defense, who shall be
a Co-Chair of the Working Group;
(iii) the Attorney General;
(iv) the Secretary of Agriculture;
(v) the Secretary of Commerce;
(vi) the Secretary of Health and Human
Services, who shall be a Co-Chair of the
Working Group;
(vii) the Secretary of Transportation;
(viii) the Secretary of Energy;
(ix) the Secretary of Homeland Security;
(x) the Administrator of the Environmental
Protection Agency;
(xi) the Director of National Intelligence;
(xii) the Director of the National Science
Foundation; and
(xiii) the head of any other department or
agency when designated:
(A) by the Co-Chairs of the Working
Group with the concurrence of such
head; or
(B) by the President.
(c) The Co-Chairs shall convene and preside at
meetings of the Working Group, determine its agenda,
and direct its work. The Co-Chairs may establish and
direct subgroups of the Working Group, as appropriate
to deal with particular subject matters, that shall
consist exclusively of members of the Working Group.
(d) A member of the Working Group may designate, to
perform the Working Group or Working Group subgroup
functions of the member, any person who is a part of
the member's agency and who is an officer of the United
States appointed by the President, a member of the
Senior Executive Service (SES), or the equivalent of a
member of the SES.
Sec. 3. Functions of the Working Group. Consistent with this
order, and to assist in implementing the policy set forth in
section 1 of this order, the Working Group shall:
(a) review and evaluate the efficiency and
effectiveness, with respect to Federal and nonfederal
facilities that conduct research on, manage clinical or
environmental laboratory operations involving, or
handle, store, or transport biological select agents
and toxins, of the following:
(i) existing laws, regulations, and
guidance with respect to physical, facility,
and personnel security and assurance; and
(ii) practices with respect to physical,
facility, and personnel security and assurance;
(b) obtain information or advice, as appropriate
for the conduct of the review and evaluation, from the
following:
(i) heads of executive departments and
agencies;
(ii) elements of foreign governments and
international organizations with responsibility
for biological matters, consistent with
functions assigned by law or by the President
to the Secretary of State; and
(iii) representatives of State, local,
territorial, and tribal governments, and other
entities or other individuals in a manner that
seeks their individual advice and does not
involve collective judgment or consensus advice
or deliberation; and
(c) submit a report to the President, through the
Co-Chairs, not later than 180 days after the date of
this order that is unclassified, with a classified
annex as required, and sets forth the following:
(i) a summary of existing laws,
regulations, guidance, and practices with
respect to security and personnel assurance
reviewed under subsection (a) of this section
and their efficiency and effectiveness;
(ii) recommendations for any new
legislation, regulations, guidance, or
practices for security and personnel assurance
for all Federal and nonfederal facilities
described in subsection (a);
(iii) options for establishing oversight
mechanisms to ensure a baseline standard is
consistently applied for all physical,
facility, and personnel security and assurance
laws, regulations, and guidance at all Federal
and nonfederal facilities described in
subsection (a); and
(iv) a comparison of the range of existing
personnel security and assurance programs for
access to biological select agents and toxins
to personnel security and assurance programs in
other fields and industries.
Sec. 4. Duties of Heads of Departments and Agencies.
(a) The heads of departments and agencies shall
provide for the labor and travel costs of their
representatives and, to the extent permitted by law,
provide the Working Group such information and
assistance as it needs to implement this order.
(b) To the extent permitted by law and subject to
the availability of appropriations, the Secretary of
Defense shall provide the Working Group with such
administrative and support services as may be necessary
for the performance of its functions.
Sec. 5. Termination of the Working Group. The Working Group
shall terminate 60 days after the date of the report submitted
under subsection 3(c) of this order.
Sec. 6. General Provisions.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to a
department or agency, or the head thereof; or
(ii) functions of the Director of the
Office of Management and Budget relating to
budget, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity by any party against the United States, its
agencies, instrumentalities, or entities, its officers,
employees, or agents, or any other person.
=======================================================================
Executive Orders Issued by
President Barack Obama
(2009- )
Executive Orders 13519-
=======================================================================
Executive Order 13519
Establishment of the Financial Fraud Enforcement Task Force
=======================================================================
Signed: November 17, 2009
Federal Register page and date: 74 FR 60123, November 19, 2009
Terminates: EO 13271, July 9, 2002
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to strengthen the efforts of the Department of
Justice, in conjunction with Federal, State, tribal,
territorial, and local agencies, to investigate and prosecute
significant financial crimes and other violations relating to
the current financial crisis and economic recovery efforts,
recover the proceeds of such crimes and violations, and ensure
just and effective punishment of those who perpetrate financial
crimes and violations, it is hereby ordered as follows:
Section 1. Establishment. There is hereby established an
interagency Financial Fraud Enforcement Task Force (Task Force)
led by the Department of Justice.
Sec. 2. Membership and Operation. The Task Force shall be
chaired by the Attorney General and consist of senior-level
officials from the following departments, agencies, and
offices, selected by the heads of the respective departments,
agencies, and offices in consultation with the Attorney
General:
(a) the Department of Justice;
(b) the Department of the Treasury;
(c) the Department of Commerce;
(d) the Department of Labor;
(e) the Department of Housing and Urban
Development;
(f) the Department of Education;
(g) the Department of Homeland Security;
(h) the Securities and Exchange Commission;
(i) the Commodity Futures Trading Commission;
(j) the Federal Trade Commission;
(k) the Federal Deposit Insurance Corporation;
(l) the Board of Governors of the Federal Reserve
System;
(m) the Federal Housing Finance Agency;
(n) the Office of Thrift Supervision;
(o) the Office of the Comptroller of the Currency;
(p) the Small Business Administration;
(q) the Federal Bureau of Investigation;
(r) the Social Security Administration;
(s) the Internal Revenue Service, Criminal
Investigations;
(t) the Financial Crimes Enforcement Network;
(u) the United States Postal Inspection Service;
(v) the United States Secret Service;
(w) the United States Immigration and Customs
Enforcement;
(x) relevant Offices of Inspectors General and
related Federal entities, including without limitation
the Office of the Inspector General for the Department
of Housing and Urban Development, the Recovery
Accountability and Transparency Board, and the Office
of the Special Inspector General for the Troubled Asset
Relief Program; and
(y) such other executive branch departments,
agencies, or offices as the President may, from time to
time, designate or that the Attorney General may
invite. The Attorney General shall convene and, through
the Deputy Attorney General, direct the work of the
Task Force in fulfilling all its functions under this
order. The Attorney General shall convene the first
meeting of the Task Force within 30 days of the date of
this order and shall thereafter convene the Task Force
at such times as he deems appropriate. At the direction
of the Attorney General, the Task Force may establish
subgroups consisting exclusively of Task Force members
or their designees under this section, including but
not limited to a Steering Committee chaired by the
Deputy Attorney General, and subcommittees addressing
enforcement efforts, training and information sharing,
and victims' rights, as the Attorney General deems
appropriate.
Sec. 3. Mission and Functions. Consistent with the authorities
assigned to the Attorney General by law, and other applicable
law, the Task Force shall:
(a) provide advice to the Attorney General for the
investigation and prosecution of cases of bank,
mortgage, loan, and lending fraud; securities and
commodities fraud; retirement plan fraud; mail and wire
fraud; tax crimes; money laundering; False Claims Act
violations; unfair competition; discrimination; and
other financial crimes and violations (hereinafter
financial crimes and violations), when such cases are
determined by the Attorney General, for purposes of
this order, to be significant;
(b) make recommendations to the Attorney General,
from time to time, for action to enhance cooperation
among Federal, State, local, tribal, and territorial
authorities responsible for the investigation and
prosecution of significant financial crimes and
violations; and
(c) coordinate law enforcement operations with
representatives of State, local, tribal, and
territorial law enforcement.
Sec. 4. Coordination with State, Local, Tribal, and Territorial
Law Enforcement. Consistent with the objectives set out in this
order, and to the extent permitted by law, the Attorney General
is encouraged to invite the following representatives of State,
local, tribal, and territorial law enforcement to participate
in the Task Force's subcommittee addressing enforcement efforts
in the subcommittee's performance of the functions set forth in
section 3(c) of this order relating to the coordination of
Federal, State, local, tribal, and territorial law enforcement
operations involving financial crimes and violations:
(a) the National Association of Attorneys General;
(b) the National District Attorneys Association;
and
(c) such other representatives of State, local,
tribal, and territorial law enforcement as the Attorney
General deems appropriate.
Sec. 5. Outreach. Consistent with the law enforcement
objectives set out in this order, the Task Force, in accordance
with applicable law, in addition to regular meetings, shall
conduct outreach with representatives of financial
institutions, corporate entities, nonprofit organizations,
State, local, tribal, and territorial governments and agencies,
and other interested persons to foster greater coordination and
participation in the detection and prosecution of financial
fraud and financial crimes, and in the enforcement of antitrust
and antidiscrimination laws.
Sec. 6. Administration. The Department of Justice, to the
extent permitted by law and subject to the availability of
appropriations, shall provide administrative support and
funding for the Task Force.
Sec. 7. General Provisions.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to an
executive department, agency, or the head
thereof, or the status of that department or
agency within the Federal Government; or
(ii) functions of the Director of the
Office of Management and Budget relating to
budgetary, administrative, or legislative
proposals.
(b) This Task Force shall replace, and continue the
work of, the Corporate Fraud Task Force created by
Executive Order 13271 of July 9, 2002. Executive Order
13271 is hereby terminated pursuant to section 6 of
that order.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(d) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
Sec. 8. Termination. The Task Force shall terminate when
directed by the President or, with the approval of the
President, by the Attorney General.
Executive Order 13526
Classified National Security Information
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Signed: December 29, 2009
Federal Register page and date: 75 FR 707, January 5, 2010
Revokes: EO 12958, April 17, 1995
EO 13292, March 25, 2003
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This order prescribes a uniform system for classifying,
safeguarding, and declassifying national security information,
including information relating to defense against transnational
terrorism. Our democratic principles require that the American
people be informed of the activities of their Government. Also,
our Nation's progress depends on the free flow of information
both within the Government and to the American people.
Nevertheless, throughout our history, the national defense has
required that certain information be maintained in confidence
in order to protect our citizens, our democratic institutions,
our homeland security, and our interactions with foreign
nations. Protecting information critical to our Nation's
security and demonstrating our commitment to open Government
through accurate and accountable application of classification
standards and routine, secure, and effective declassification
are equally important priorities.
Now, Therefore, I, Barack Obama, by the authority vested in
me as President by the Constitution and the laws of the United
States of America, it is hereby ordered as follows:
PART 1--ORIGINAL CLASSIFICATION
Section 1.1. Classification Standards.
(a) Information may be originally classified under
the terms of this order only if all of the following
conditions are met:
(1) an original classification authority is
classifying the information;
(2) the information is owned by, produced
by or for, or is under the control of the
United States Government;
(3) the information falls within one or
more of the categories of information listed in
section 1.4 of this order; and
(4) the original classification authority
determines that the unauthorized disclosure of
the information reasonably could be expected to
result in damage to the national security,
which includes defense against transnational
terrorism, and the original classification
authority is able to identify or describe the
damage.
(b) If there is significant doubt about the need to
classify information, it shall not be classified. This
provision does not:
(1) amplify or modify the substantive
criteria or procedures for classification; or
(2) create any substantive or procedural
rights subject to judicial review.
(c) Classified information shall not be
declassified automatically as a result of any
unauthorized disclosure of identical or similar
information.
(d) The unauthorized disclosure of foreign
government information is presumed to cause damage to
the national security.
Sec. 1.2. Classification Levels.
(a) Information may be classified at one of the
following three levels:
(1) ``Top Secret'' shall be applied to
information, the unauthorized disclosure of
which reasonably could be expected to cause
exceptionally grave damage to the national
security that the original classification
authority is able to identify or describe.
(2) ``Secret'' shall be applied to
information, the unauthorized disclosure of
which reasonably could be expected to cause
serious damage to the national security that
the original classification authority is able
to identify or describe.
(3) ``Confidential'' shall be applied to
information, the unauthorized disclosure of
which reasonably could be expected to cause
damage to the national security that the
original classification authority is able to
identify or describe.
(b) Except as otherwise provided by statute, no
other terms shall be used to identify United States
classified information.
(c) If there is significant doubt about the
appropriate level of classification, it shall be
classified at the lower level.
Sec. 1.3. Classification Authority.
(a) The authority to classify information
originally may be exercised only by:
(1) the President and the Vice President;
(2) agency heads and officials designated
by the President; and
(3) United States Government officials
delegated this authority pursuant to paragraph
(c) of this section.
(b) Officials authorized to classify information at
a specified level are also authorized to classify
information at a lower level.
(c) Delegation of original classification
authority.
(1) Delegations of original classification
authority shall be limited to the minimum
required to administer this order. Agency heads
are responsible for ensuring that designated
subordinate officials have a demonstrable and
continuing need to exercise this authority.
(2) ``Top Secret'' original classification
authority may be delegated only by the
President, the Vice President, or an agency
head or official designated pursuant to
paragraph (a)(2) of this section.
(3) ``Secret'' or ``Confidential'' original
classification authority may be delegated only
by the President, the Vice President, an agency
head or official designated pursuant to
paragraph (a)(2) of this section, or the senior
agency official designated under section 5.4(d)
of this order, provided that official has been
delegated ``Top Secret'' original
classification authority by the agency head.
(4) Each delegation of original
classification authority shall be in writing
and the authority shall not be redelegated
except as provided in this order. Each
delegation shall identify the official by name
or position.
(5) Delegations of original classification
authority shall be reported or made available
by name or position to the Director of the
Information Security Oversight Office.
(d) All original classification authorities must
receive training in proper classification (including
the avoidance of over-classification) and
declassification as provided in this order and its
implementing directives at least once a calendar year.
Such training must include instruction on the proper
safeguarding of classified information and on the
sanctions in section 5.5 of this order that may be
brought against an individual who fails to classify
information properly or protect classified information
from unauthorized disclosure. Original classification
authorities who do not receive such mandatory training
at least once within a calendar year shall have their
classification authority suspended by the agency head
or the senior agency official designated under section
5.4(d) of this order until such training has taken
place. A waiver may be granted by the agency head, the
deputy agency head, or the senior agency official if an
individual is unable to receive such training due to
unavoidable circumstances. Whenever a waiver is
granted, the individual shall receive such training as
soon as practicable.
(e) Exceptional cases. When an employee, government
contractor, licensee, certificate holder, or grantee of
an agency who does not have original classification
authority originates information believed by that
person to require classification, the information shall
be protected in a manner consistent with this order and
its implementing directives. The information shall be
transmitted promptly as provided under this order or
its implementing directives to the agency that has
appropriate subject matter interest and classification
authority with respect to this information. That agency
shall decide within 30 days whether to classify this
information.
Sec. 1.4. Classification Categories. Information shall not be
considered for classification unless its unauthorized
disclosure could reasonably be expected to cause identifiable
or describable damage to the national security in accordance
with section 1.2 of this order, and it pertains to one or more
of the following:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including covert
action), intelligence sources or methods, or
cryptology;
(d) foreign relations or foreign activities of the
United States, including confidential sources;
(e) scientific, technological, or economic matters
relating to the national security;
(f) United States Government programs for
safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems,
installations, infrastructures, projects, plans, or
protection services relating to the national security;
or
(h) the development, production, or use of weapons
of mass destruction.
Sec. 1.5. Duration of Classification.
(a) At the time of original classification, the
original classification authority shall establish a
specific date or event for declassification based on
the duration of the national security sensitivity of
the information. Upon reaching the date or event, the
information shall be automatically declassified. Except
for information that should clearly and demonstrably be
expected to reveal the identity of a confidential human
source or a human intelligence source or key design
concepts of weapons of mass destruction, the date or
event shall not exceed the time frame established in
paragraph (b) of this section.
(b) If the original classification authority cannot
determine an earlier specific date or event for
declassification, information shall be marked for
declassification 10 years from the date of the original
decision, unless the original classification authority
otherwise determines that the sensitivity of the
information requires that it be marked for
declassification for up to 25 years from the date of
the original decision.
(c) An original classification authority may extend
the duration of classification up to 25 years from the
date of origin of the document, change the level of
classification, or reclassify specific information only
when the standards and procedures for classifying
information under this order are followed.
(d) No information may remain classified
indefinitely. Information marked for an indefinite
duration of classification under predecessor orders,
for example, marked as ``Originating Agency's
Determination Required,'' or classified information
that contains incomplete declassification instructions
or lacks declassification instructions shall be
declassified in accordance with part 3 of this order.
Sec. 1.6. Identification and Markings.
(a) At the time of original classification, the
following shall be indicated in a manner that is
immediately apparent:
(1) one of the three classification levels
defined in section 1.2 of this order;
(2) the identity, by name and position, or
by personal identifier, of the original
classification authority;
(3) the agency and office of origin, if not
otherwise evident;
(4) declassification instructions, which
shall indicate one of the following:
(A) the date or event for
declassification, as prescribed in
section 1.5(a);
(B) the date that is 10 years from
the date of original classification, as
prescribed in section 1.5(b);
(C) the date that is up to 25 years
from the date of original
classification, as prescribed in
section 1.5(b); or
(D) in the case of information that
should clearly and demonstrably be
expected to reveal the identity of a
confidential human source or a human
intelligence source or key design
concepts of weapons of mass
destruction, the marking prescribed in
implementing directives issued pursuant
to this order; and
(5) a concise reason for classification
that, at a minimum, cites the applicable
classification categories in section 1.4 of
this order.
(b) Specific information required in paragraph (a)
of this section may be excluded if it would reveal
additional classified information.
(c) With respect to each classified document, the
agency originating the document shall, by marking or
other means, indicate which portions are classified,
with the applicable classification level, and which
portions are unclassified. In accordance with standards
prescribed in directives issued under this order, the
Director of the Information Security Oversight Office
may grant and revoke temporary waivers of this
requirement. The Director shall revoke any waiver upon
a finding of abuse.
(d) Markings or other indicia implementing the
provisions of this order, including abbreviations and
requirements to safeguard classified working papers,
shall conform to the standards prescribed in
implementing directives issued pursuant to this order.
(e) Foreign government information shall retain its
original classification markings or shall be assigned a
U.S. classification that provides a degree of
protection at least equivalent to that required by the
entity that furnished the information. Foreign
government information retaining its original
classification markings need not be assigned a U.S.
classification marking provided that the responsible
agency determines that the foreign government markings
are adequate to meet the purposes served by U.S.
classification markings.
(f) Information assigned a level of classification
under this or predecessor orders shall be considered as
classified at that level of classification despite the
omission of other required markings. Whenever such
information is used in the derivative classification
process or is reviewed for possible declassification,
holders of such information shall coordinate with an
appropriate classification authority for the
application of omitted markings.
(g) The classification authority shall, whenever
practicable, use a classified addendum whenever
classified information constitutes a small portion of
an otherwise unclassified document or prepare a product
to allow for dissemination at the lowest level of
classification possible or in unclassified form.
(h) Prior to public release, all declassified
records shall be appropriately marked to reflect their
declassification.
Sec. 1.7. Classification Prohibitions and Limitations.
(a) In no case shall information be classified,
continue to be maintained as classified, or fail to be
declassified in order to:
(1) conceal violations of law,
inefficiency, or administrative error;
(2) prevent embarrassment to a person,
organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of
information that does not require protection in
the interest of the national security.
(b) Basic scientific research information not
clearly related to the national security shall not be
classified.
(c) Information may not be reclassified after
declassification and release to the public under proper
authority unless:
(1) the reclassification is personally
approved in writing by the agency head based on
a document-by-document determination by the
agency that reclassification is required to
prevent significant and demonstrable damage to
the national security;
(2) the information may be reasonably
recovered without bringing undue attention to
the information;
(3) the reclassification action is reported
promptly to the Assistant to the President for
National Security Affairs (National Security
Advisor) and the Director of the Information
Security Oversight Office; and
(4) for documents in the physical and legal
custody of the National Archives and Records
Administration (National Archives) that have
been available for public use, the agency head
has, after making the determinations required
by this paragraph, notified the Archivist of
the United States (Archivist), who shall
suspend public access pending approval of the
reclassification action by the Director of the
Information Security Oversight Office. Any such
decision by the Director may be appealed by the
agency head to the President through the
National Security Advisor. Public access shall
remain suspended pending a prompt decision on
the appeal.
(d) Information that has not previously been
disclosed to the public under proper authority may be
classified or reclassified after an agency has received
a request for it under the Freedom of Information Act
(5 U.S.C. 552), the Presidential Records Act, 44 U.S.C.
2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or
the mandatory review provisions of section 3.5 of this
order only if such classification meets the
requirements of this order and is accomplished on a
document-by-document basis with the personal
participation or under the direction of the agency
head, the deputy agency head, or the senior agency
official designated under section 5.4 of this order.
The requirements in this paragraph also apply to those
situations in which information has been declassified
in accordance with a specific date or event determined
by an original classification authority in accordance
with section 1.5 of this order.
(e) Compilations of items of information that are
individually unclassified may be classified if the
compiled information reveals an additional association
or relationship that:
(1) meets the standards for classification
under this order; and
(2) is not otherwise revealed in the
individual items of information.
Sec. 1.8. Classification Challenges.
(a) Authorized holders of information who, in good
faith, believe that its classification status is
improper are encouraged and expected to challenge the
classification status of the information in accordance
with agency procedures established under paragraph (b)
of this section.
(b) In accordance with implementing directives
issued pursuant to this order, an agency head or senior
agency official shall establish procedures under which
authorized holders of information, including authorized
holders outside the classifying agency, are encouraged
and expected to challenge the classification of
information that they believe is improperly classified
or unclassified. These procedures shall ensure that:
(1) individuals are not subject to
retribution for bringing such actions;
(2) an opportunity is provided for review
by an impartial official or panel; and
(3) individuals are advised of their right
to appeal agency decisions to the Interagency
Security Classification Appeals Panel (Panel)
established by section 5.3 of this order.
(c) Documents required to be submitted for
prepublication review or other administrative process
pursuant to an approved nondisclosure agreement are not
covered by this section.
Sec. 1.9. Fundamental Classification Guidance Review.
(a) Agency heads shall complete on a periodic basis
a comprehensive review of the agency's classification
guidance, particularly classification guides, to ensure
the guidance reflects current circumstances and to
identify classified information that no longer requires
protection and can be declassified. The initial
fundamental classification guidance review shall be
completed within 2 years of the effective date of this
order.
(b) The classification guidance review shall
include an evaluation of classified information to
determine if it meets the standards for classification
under section 1.4 of this order, taking into account an
up-to-date assessment of likely damage as described
under section 1.2 of this order.
(c) The classification guidance review shall
include original classification authorities and agency
subject matter experts to ensure a broad range of
perspectives.
(d) Agency heads shall provide a report summarizing
the results of the classification guidance review to
the Director of the Information Security Oversight
Office and shall release an unclassified version of
this report to the public.
PART 2--DERIVATIVE CLASSIFICATION
Sec. 2.1. Use of Derivative Classification.
(a) Persons who reproduce, extract, or summarize
classified information, or who apply classification
markings derived from source material or as directed by
a classification guide, need not possess original
classification authority.
(b) Persons who apply derivative classification
markings shall:
(1) be identified by name and position, or
by personal identifier, in a manner that is
immediately apparent for each derivative
classification action;
(2) observe and respect original
classification decisions; and
(3) carry forward to any newly created
documents the pertinent classification
markings. For information derivatively
classified based on multiple sources, the
derivative classifier shall carry forward:
(A) the date or event for
declassification that corresponds to
the longest period of classification
among the sources, or the marking
established pursuant to section
1.6(a)(4)(D) of this order; and
(B) a listing of the source
materials.
(c) Derivative classifiers shall, whenever
practicable, use a classified addendum whenever
classified information constitutes a small portion of
an otherwise unclassified document or prepare a product
to allow for dissemination at the lowest level of
classification possible or in unclassified form.
(d) Persons who apply derivative classification
markings shall receive training in the proper
application of the derivative classification principles
of the order, with an emphasis on avoiding over-
classification, at least once every 2 years. Derivative
classifiers who do not receive such training at least
once every 2 years shall have their authority to apply
derivative classification markings suspended until they
have received such training. A waiver may be granted by
the agency head, the deputy agency head, or the senior
agency official if an individual is unable to receive
such training due to unavoidable circumstances.
Whenever a waiver is granted, the individual shall
receive such training as soon as practicable.
Sec. 2.2. Classification Guides.
(a) Agencies with original classification authority
shall prepare classification guides to facilitate the
proper and uniform derivative classification of
information. These guides shall conform to standards
contained in directives issued under this order.
(b) Each guide shall be approved personally and in
writing by an official who:
(1) has program or supervisory
responsibility over the information or is the
senior agency official; and
(2) is authorized to classify information
originally at the highest level of
classification prescribed in the guide.
(c) Agencies shall establish procedures to ensure
that classification guides are reviewed and updated as
provided in directives issued under this order.
(d) Agencies shall incorporate original
classification decisions into classification guides on
a timely basis and in accordance with directives issued
under this order.
(e) Agencies may incorporate exemptions from
automatic declassification approved pursuant to section
3.3(j) of this order into classification guides,
provided that the Panel is notified of the intent to
take such action for specific information in advance of
approval and the information remains in active use.
(f) The duration of classification of a document
classified by a derivative classifier using a
classification guide shall not exceed 25 years from the
date of the origin of the document, except for:
(1) information that should clearly and
demonstrably be expected to reveal the identity
of a confidential human source or a human
intelligence source or key design concepts of
weapons of mass destruction; and
(2) specific information incorporated into
classification guides in accordance with
section 2.2(e) of this order.
PART 3--DECLASSIFICATION AND DOWNGRADING
Sec. 3.1. Authority for Declassification.
(a) Information shall be declassified as soon as it
no longer meets the standards for classification under
this order.
(b) Information shall be declassified or downgraded
by:
(1) the official who authorized the
original classification, if that official is
still serving in the same position and has
original classification authority;
(2) the originator's current successor in
function, if that individual has original
classification authority;
(3) a supervisory official of either the
originator or his or her successor in function,
if the supervisory official has original
classification authority; or (4) officials
delegated declassification authority in writing
by the agency head or the senior agency
official of the originating agency.
(c) The Director of National Intelligence (or, if
delegated by the Director of National Intelligence, the
Principal Deputy Director of National Intelligence)
may, with respect to the Intelligence Community, after
consultation with the head of the originating
Intelligence Community element or department,
declassify, downgrade, or direct the declassification
or downgrading of information or intelligence relating
to intelligence sources, methods, or activities.
(d) It is presumed that information that continues
to meet the classification requirements under this
order requires continued protection. In some
exceptional cases, however, the need to protect such
information may be outweighed by the public interest in
disclosure of the information, and in these cases the
information should be declassified. When such questions
arise, they shall be referred to the agency head or the
senior agency official. That official will determine,
as an exercise of discretion, whether the public
interest in disclosure outweighs the damage to the
national security that might reasonably be expected
from disclosure. This provision does not:
(1) amplify or modify the substantive
criteria or procedures for classification; or
(2) create any substantive or procedural
rights subject to judicial review.
(e) If the Director of the Information Security
Oversight Office determines that information is
classified in violation of this order, the Director may
require the information to be declassified by the
agency that originated the classification. Any such
decision by the Director may be appealed to the
President through the National Security Advisor. The
information shall remain classified pending a prompt
decision on the appeal.
(f) The provisions of this section shall also apply
to agencies that, under the terms of this order, do not
have original classification authority, but had such
authority under predecessor orders.
(g) No information may be excluded from
declassification under section 3.3 of this order based
solely on the type of document or record in which it is
found. Rather, the classified information must be
considered on the basis of its content.
(h) Classified nonrecord materials, including
artifacts, shall be declassified as soon as they no
longer meet the standards for classification under this
order.
(i) When making decisions under sections 3.3, 3.4,
and 3.5 of this order, agencies shall consider the
final decisions of the Panel.
Sec. 3.2. Transferred Records.
(a) In the case of classified records transferred
in conjunction with a transfer of functions, and not
merely for storage purposes, the receiving agency shall
be deemed to be the originating agency for purposes of
this order.
(b) In the case of classified records that are not
officially transferred as described in paragraph (a) of
this section, but that originated in an agency that has
ceased to exist and for which there is no successor
agency, each agency in possession of such records shall
be deemed to be the originating agency for purposes of
this order. Such records may be declassified or
downgraded by the agency in possession of the records
after consultation with any other agency that has an
interest in the subject matter of the records.
(c) Classified records accessioned into the
National Archives shall be declassified or downgraded
by the Archivist in accordance with this order, the
directives issued pursuant to this order, agency
declassification guides, and any existing procedural
agreement between the Archivist and the relevant agency
head.
(d) The originating agency shall take all
reasonable steps to declassify classified information
contained in records determined to have permanent
historical value before they are accessioned into the
National Archives. However, the Archivist may require
that classified records be accessioned into the
National Archives when necessary to comply with the
provisions of the Federal Records Act. This provision
does not apply to records transferred to the Archivist
pursuant to section 2203 of title 44, United States
Code, or records for which the National Archives serves
as the custodian of the records of an agency or
organization that has gone out of existence.
(e) To the extent practicable, agencies shall adopt
a system of records management that will facilitate the
public release of documents at the time such documents
are declassified pursuant to the provisions for
automatic declassification in section 3.3 of this
order.
Sec. 3.3 Automatic Declassification.
(a) Subject to paragraphs (b)--(d) and (g)--(j) of
this section, all classified records that (1) are more
than 25 years old and (2) have been determined to have
permanent historical value under title 44, United
States Code, shall be automatically declassified
whether or not the records have been reviewed. All
classified records shall be automatically declassified
on December 31 of the year that is 25 years from the
date of origin, except as provided in paragraphs (b)--
(d) and (g)--(j) of this section. If the date of origin
of an individual record cannot be readily determined,
the date of original classification shall be used
instead.
(b) An agency head may exempt from automatic
declassification under paragraph (a) of this section
specific information, the release of which should
clearly and demonstrably be expected to:
(1) reveal the identity of a confidential
human source, a human intelligence source, a
relationship with an intelligence or security
service of a foreign government or
international organization, or a nonhuman
intelligence source; or impair the
effectiveness of an intelligence method
currently in use, available for use, or under
development;
(2) reveal information that would assist in
the development, production, or use of weapons
of mass destruction;
(3) reveal information that would impair
U.S. cryptologic systems or activities;
(4) reveal information that would impair
the application of state-of-the-art technology
within a U.S. weapon system;
(5) reveal formally named or numbered U.S.
military war plans that remain in effect, or
reveal operational or tactical elements of
prior plans that are contained in such active
plans;
(6) reveal information, including foreign
government information, that would cause
serious harm to relations between the United
States and a foreign government, or to ongoing
diplomatic activities of the United States;
(7) reveal information that would impair
the current ability of United States Government
officials to protect the President, Vice
President, and other protectees for whom
protection services, in the interest of the
national security, are authorized;
(8) reveal information that would seriously
impair current national security emergency
preparedness plans or reveal current
vulnerabilities of systems, installations, or
infrastructures relating to the national
security; or
(9) violate a statute, treaty, or
international agreement that does not permit
the automatic or unilateral declassification of
information at 25 years.
(c)(1) An agency head shall notify the Panel of any
specific file series of records for which a review or
assessment has determined that the information within
that file series almost invariably falls within one or
more of the exemption categories listed in paragraph
(b) of this section and that the agency proposes to
exempt from automatic declassification at 25 years.
(2) The notification shall include:
(A) a description of the file
series;
(B) an explanation of why the
information within the file series is
almost invariably exempt from automatic
declassification and why the
information must remain classified for
a longer period of time; and
(C) except when the information
within the file series almost
invariably identifies a confidential
human source or a human intelligence
source or key design concepts of
weapons of mass destruction, a specific
date or event for declassification of
the information, not to exceed December
31 of the year that is 50 years from
the date of origin of the records.
(3) The Panel may direct the agency not to
exempt a designated file series or to
declassify the information within that series
at an earlier date than recommended. The agency
head may appeal such a decision to the
President through the National Security
Advisor.
(4) File series exemptions approved by the
President prior to December 31, 2008, shall
remain valid without any additional agency
action pending Panel review by the later of
December 31, 2010, or December 31 of the year
that is 10 years from the date of previous
approval.
(d) The following provisions shall apply to the
onset of automatic declassification:
(1) Classified records within an integral
file block, as defined in this order, that are
otherwise subject to automatic declassification
under this section shall not be automatically
declassified until December 31 of the year that
is 25 years from the date of the most recent
record within the file block.
(2) After consultation with the Director of
the National Declassification Center (the
Center) established by section 3.7 of this
order and before the records are subject to
automatic declassification, an agency head or
senior agency official may delay automatic
declassification for up to five additional
years for classified information contained in
media that make a review for possible
declassification exemptions more difficult or
costly.
(3) Other than for records that are
properly exempted from automatic
declassification, records containing classified
information that originated with other agencies
or the disclosure of which would affect the
interests or activities of other agencies with
respect to the classified information and could
reasonably be expected to fall under one or
more of the exemptions in paragraph (b) of this
section shall be identified prior to the onset
of automatic declassification for later
referral to those agencies.
(A) The information of concern
shall be referred by the Center
established by section 3.7 of this
order, or by the centralized facilities
referred to in section 3.7(e) of this
order, in a prioritized and scheduled
manner determined by the Center.
(B) If an agency fails to provide a
final determination on a referral made
by the Center within 1 year of
referral, or by the centralized
facilities referred to in section
3.7(e) of this order within 3 years of
referral, its equities in the referred
records shall be automatically
declassified.
(C) If any disagreement arises
between affected agencies and the
Center regarding the referral review
period, the Director of the Information
Security Oversight Office shall
determine the appropriate period of
review of referred records.
(D) Referrals identified prior to
the establishment of the Center by
section 3.7 of this order shall be
subject to automatic declassification
only in accordance with subparagraphs
(d)(3)(A)--(C) of this section.
(4) After consultation with the Director of
the Information Security Oversight Office, an
agency head may delay automatic
declassification for up to 3 years from the
date of discovery of classified records that
were inadvertently not reviewed prior to the
effective date of automatic declassification.
(e) Information exempted from automatic
declassification under this section shall remain
subject to the mandatory and systematic
declassification review provisions of this order.
(f) The Secretary of State shall determine when the
United States should commence negotiations with the
appropriate officials of a foreign government or
international organization of governments to modify any
treaty or international agreement that requires the
classification of information contained in records
affected by this section for a period longer than 25
years from the date of its creation, unless the treaty
or international agreement pertains to information that
may otherwise remain classified beyond 25 years under
this section.
(g) The Secretary of Energy shall determine when
information concerning foreign nuclear programs that
was removed from the Restricted Data category in order
to carry out provisions of the National Security Act of
1947, as amended, may be declassified. Unless otherwise
determined, such information shall be declassified when
comparable information concerning the United States
nuclear program is declassified.
(h) Not later than 3 years from the effective date
of this order, all records exempted from automatic
declassification under paragraphs (b) and (c) of this
section shall be automatically declassified on December
31 of a year that is no more than 50 years from the
date of origin, subject to the following:
(1) Records that contain information the
release of which should clearly and
demonstrably be expected to reveal the
following are exempt from automatic
declassification at 50 years:
(A) the identity of a confidential
human source or a human intelligence
source; or
(B) key design concepts of weapons
of mass destruction.
(2) In extraordinary cases, agency heads
may, within 5 years of the onset of automatic
declassification, propose to exempt additional
specific information from declassification at
50 years.
(3) Records exempted from automatic
declassification under this paragraph shall be
automatically declassified on December 31 of a
year that is no more than 75 years from the
date of origin unless an agency head, within 5
years of that date, proposes to exempt specific
information from declassification at 75 years
and the proposal is formally approved by the
Panel.
(i) Specific records exempted from automatic
declassification prior to the establishment of the
Center described in section 3.7 of this order shall be
subject to the provisions of paragraph (h) of this
section in a scheduled and prioritized manner
determined by the Center.
(j) At least 1 year before information is subject
to automatic declassification under this section, an
agency head or senior agency official shall notify the
Director of the Information Security Oversight Office,
serving as Executive Secretary of the Panel, of any
specific information that the agency proposes to exempt
from automatic declassification under paragraphs (b)
and (h) of this section.
(1) The notification shall include:
(A) a detailed description of the
information, either by reference to
information in specific records or in
the form of a declassification guide;
(B) an explanation of why the
information should be exempt from
automatic declassification and must
remain classified for a longer period
of time; and
(C) a specific date or a specific
and independently verifiable event for
automatic declassification of specific
records that contain the information
proposed for exemption.
(2) The Panel may direct the agency not to
exempt the information or to declassify it at
an earlier date than recommended. An agency
head may appeal such a decision to the
President through the National Security
Advisor. The information will remain classified
while such an appeal is pending.
(k) For information in a file series of records
determined not to have permanent historical value, the
duration of classification beyond 25 years shall be the
same as the disposition (destruction) date of those
records in each Agency Records Control Schedule or
General Records Schedule, although the duration of
classification shall be extended if the record has been
retained for business reasons beyond the scheduled
disposition date.
Sec. 3.4. Systematic Declassification Review.
(a) Each agency that has originated classified
information under this order or its predecessors shall
establish and conduct a program for systematic
declassification review for records of permanent
historical value exempted from automatic
declassification under section 3.3 of this order.
Agencies shall prioritize their review of such records
in accordance with priorities established by the
Center.
(b) The Archivist shall conduct a systematic
declassification review program for classified records:
(1) accessioned into the National Archives;
(2) transferred to the Archivist pursuant
to 44 U.S.C. 2203; and (3) for which the
National Archives serves as the custodian for
an agency or organization that has gone out of
existence.
Sec. 3.5. Mandatory Declassification Review.
(a) Except as provided in paragraph (b) of this
section, all information classified under this order or
predecessor orders shall be subject to a review for
declassification by the originating agency if:
(1) the request for a review describes the
document or material containing the information
with sufficient specificity to enable the
agency to locate it with a reasonable amount of
effort;
(2) the document or material containing the
information responsive to the request is not
contained within an operational file exempted
from search and review, publication, and
disclosure under 5 U.S.C. 552 in accordance
with law; and
(3) the information is not the subject of
pending litigation.
(b) Information originated by the incumbent
President or the incumbent Vice President; the
incumbent President's White House Staff or the
incumbent Vice President's Staff; committees,
commissions, or boards appointed by the incumbent
President; or other entities within the Executive
Office of the President that solely advise and assist
the incumbent President is exempted from the provisions
of paragraph (a) of this section. However, the
Archivist shall have the authority to review,
downgrade, and declassify papers or records of former
Presidents and Vice Presidents under the control of the
Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note,
or 2203. Review procedures developed by the Archivist
shall provide for consultation with agencies having
primary subject matter interest and shall be consistent
with the provisions of applicable laws or lawful
agreements that pertain to the respective Presidential
papers or records. Agencies with primary subject matter
interest shall be notified promptly of the Archivist's
decision. Any final decision by the Archivist may be
appealed by the requester or an agency to the Panel.
The information shall remain classified pending a
prompt decision on the appeal.
(c) Agencies conducting a mandatory review for
declassification shall declassify information that no
longer meets the standards for classification under
this order. They shall release this information unless
withholding is otherwise authorized and warranted under
applicable law.
(d) If an agency has reviewed the requested
information for declassification within the past 2
years, the agency need not conduct another review and
may instead inform the requester of this fact and the
prior review decision and advise the requester of
appeal rights provided under subsection (e) of this
section.
(e) In accordance with directives issued pursuant
to this order, agency heads shall develop procedures to
process requests for the mandatory review of classified
information. These procedures shall apply to
information classified under this or predecessor
orders. They also shall provide a means for
administratively appealing a denial of a mandatory
review request, and for notifying the requester of the
right to appeal a final agency decision to the Panel.
(f) After consultation with affected agencies, the
Secretary of Defense shall develop special procedures
for the review of cryptologic information; the Director
of National Intelligence shall develop special
procedures for the review of information pertaining to
intelligence sources, methods, and activities; and the
Archivist shall develop special procedures for the
review of information accessioned into the National
Archives.
(g) Documents required to be submitted for
prepublication review or other administrative process
pursuant to an approved nondisclosure agreement are not
covered by this section.
(h) This section shall not apply to any request for
a review made to an element of the Intelligence
Community that is made by a person other than an
individual as that term is defined by 5 U.S.C.
552a(a)(2), or by a foreign government entity or any
representative thereof.
Sec. 3.6. Processing Requests and Reviews.
Notwithstanding section 4.1(i) of this order, in response
to a request for information under the Freedom of Information
Act, the Presidential Records Act, the Privacy Act of 1974, or
the mandatory review provisions of this order:
(a) An agency may refuse to confirm or deny the
existence or nonexistence of requested records whenever
the fact of their existence or nonexistence is itself
classified under this order or its predecessors.
(b) When an agency receives any request for
documents in its custody that contain classified
information that originated with other agencies or the
disclosure of which would affect the interests or
activities of other agencies with respect to the
classified information, or identifies such documents in
the process of implementing sections 3.3 or 3.4 of this
order, it shall refer copies of any request and the
pertinent documents to the originating agency for
processing and may, after consultation with the
originating agency, inform any requester of the
referral unless such association is itself classified
under this order or its predecessors. In cases in which
the originating agency determines in writing that a
response under paragraph (a) of this section is
required, the referring agency shall respond to the
requester in accordance with that paragraph.
(c) Agencies may extend the classification of
information in records determined not to have permanent
historical value or nonrecord materials, including
artifacts, beyond the time frames established in
sections 1.5(b) and 2.2(f) of this order, provided:
(1) the specific information has been
approved pursuant to section 3.3(j) of this
order for exemption from automatic
declassification; and
(2) the extension does not exceed the date
established in section 3.3(j) of this order.
Sec. 3.7. National Declassification Center.
(a) There is established within the National
Archives a National Declassification Center to
streamline declassification processes, facilitate
quality-assurance measures, and implement standardized
training regarding the declassification of records
determined to have permanent historical value. There
shall be a Director of the Center who shall be
appointed or removed by the Archivist in consultation
with the Secretaries of State, Defense, Energy, and
Homeland Security, the Attorney General, and the
Director of National Intelligence.
(b) Under the administration of the Director, the
Center shall coordinate:
(1) timely and appropriate processing of
referrals in accordance with section 3.3(d)(3)
of this order for accessioned Federal records
and transferred presidential records.
(2) general interagency declassification
activities necessary to fulfill the
requirements of sections 3.3 and 3.4 of this
order;
(3) the exchange among agencies of detailed
declassification guidance to enable the
referral of records in accordance with section
3.3(d)(3) of this order;
(4) the development of effective,
transparent, and standard declassification work
processes, training, and quality assurance
measures;
(5) the development of solutions to
declassification challenges posed by electronic
records, special media, and emerging
technologies;
(6) the linkage and effective utilization
of existing agency databases and the use of new
technologies to document and make public
declassification review decisions and support
declassification activities under the purview
of the Center; and
(7) storage and related services, on a
reimbursable basis, for Federal records
containing classified national security
information.
(c) Agency heads shall fully cooperate with the
Archivist in the activities of the Center and shall:
(1) provide the Director with adequate and
current declassification guidance to enable the
referral of records in accordance with section
3.3(d)(3) of this order; and
(2) upon request of the Archivist, assign
agency personnel to the Center who shall be
delegated authority by the agency head to
review and exempt or declassify information
originated by their agency contained in records
accessioned into the National Archives, after
consultation with subject-matter experts as
necessary.
(d) The Archivist, in consultation with
representatives of the participants in the Center and
after input from the general public, shall develop
priorities for declassification activities under the
purview of the Center that take into account the degree
of researcher interest and the likelihood of
declassification.
(e) Agency heads may establish such centralized
facilities and internal operations to conduct internal
declassification reviews as appropriate to achieve
optimized records management and declassification
business processes. Once established, all referral
processing of accessioned records shall take place at
the Center, and such agency facilities and operations
shall be coordinated with the Center to ensure the
maximum degree of consistency in policies and
procedures that relate to records determined to have
permanent historical value.
(f) Agency heads may exempt from automatic
declassification or continue the classification of
their own originally classified information under
section 3.3(a) of this order except that in the case of
the Director of National Intelligence, the Director
shall also retain such authority with respect to the
Intelligence Community.
(g) The Archivist shall, in consultation with the
Secretaries of State, Defense, Energy, and Homeland
Security, the Attorney General, the Director of
National Intelligence, the Director of the Central
Intelligence Agency, and the Director of the
Information Security Oversight Office, provide the
National Security Advisor with a detailed concept of
operations for the Center and a proposed implementing
directive under section 5.1 of this order that reflects
the coordinated views of the aforementioned agencies.
PART 4--SAFEGUARDING
Sec. 4.1. General Restrictions on Access.
(a) A person may have access to classified
information provided that:
(1) a favorable determination of
eligibility for access has been made by an
agency head or the agency head's designee;
(2) the person has signed an approved
nondisclosure agreement; and
(3) the person has a need-to-know the
information.
(b) Every person who has met the standards for
access to classified information in paragraph (a) of
this section shall receive contemporaneous training on
the proper safeguarding of classified information and
on the criminal, civil, and administrative sanctions
that may be imposed on an individual who fails to
protect classified information from unauthorized
disclosure.
(c) An official or employee leaving agency service
may not remove classified information from the agency's
control or direct that information be declassified in
order to remove it from agency control.
(d) Classified information may not be removed from
official premises without proper authorization.
(e) Persons authorized to disseminate classified
information outside the executive branch shall ensure
the protection of the information in a manner
equivalent to that provided within the executive
branch.
(f) Consistent with law, executive orders,
directives, and regulations, an agency head or senior
agency official or, with respect to the Intelligence
Community, the Director of National Intelligence, shall
establish uniform procedures to ensure that automated
information systems, including networks and
telecommunications systems, that collect, create,
communicate, compute, disseminate, process, or store
classified information:
(1) prevent access by unauthorized persons;
(2) ensure the integrity of the
information; and
(3) to the maximum extent practicable, use:
(A) common information technology
standards, protocols, and interfaces
that maximize the availability of, and
access to, the information in a form
and manner that facilitates its
authorized use; and
(B) standardized electronic formats
to maximize the accessibility of
information to persons who meet the
criteria set forth in section 4.1(a) of
this order.
(g) Consistent with law, executive orders,
directives, and regulations, each agency head or senior
agency official, or with respect to the Intelligence
Community, the Director of National Intelligence, shall
establish controls to ensure that classified
information is used, processed, stored, reproduced,
transmitted, and destroyed under conditions that
provide adequate protection and prevent access by
unauthorized persons.
(h) Consistent with directives issued pursuant to
this order, an agency shall safeguard foreign
government information under standards that provide a
degree of protection at least equivalent to that
required by the government or international
organization of governments that furnished the
information. When adequate to achieve equivalency,
these standards may be less restrictive than the
safeguarding standards that ordinarily apply to U.S.
``Confidential'' information, including modified
handling and transmission and allowing access to
individuals with a need-to-know who have not otherwise
been cleared for access to classified information or
executed an approved nondisclosure agreement.
(i)(1) Classified information originating in one
agency may be disseminated to another agency or U.S.
entity by any agency to which it has been made
available without the consent of the originating
agency, as long as the criteria for access under
section 4.1(a) of this order are met, unless the
originating agency has determined that prior
authorization is required for such dissemination and
has marked or indicated such requirement on the medium
containing the classified information in accordance
with implementing directives issued pursuant to this
order.
(2) Classified information originating in
one agency may be disseminated by any other
agency to which it has been made available to a
foreign government in accordance with statute,
this order, directives implementing this order,
direction of the President, or with the consent
of the originating agency. For the purposes of
this section, ``foreign government'' includes
any element of a foreign government, or an
international organization of governments, or
any element thereof.
(3) Documents created prior to the
effective date of this order shall not be
disseminated outside any other agency to which
they have been made available without the
consent of the originating agency. An agency
head or senior agency official may waive this
requirement for specific information that
originated within that agency.
(4) For purposes of this section, the
Department of Defense shall be considered one
agency, except that any dissemination of
information regarding intelligence sources,
methods, or activities shall be consistent with
directives issued pursuant tosection 6.2(b) of
this order.
(5) Prior consent of the originating agency
is not required when referring records for
declassification review that contain
information originating in more than one
agency.
Sec. 4.2 Distribution Controls.
(a) The head of each agency shall establish
procedures in accordance with applicable law and
consistent with directives issued pursuant to this
order to ensure that classified information is
accessible to the maximum extent possible by
individuals who meet the criteria set forth in section
4.1(a) of this order.
(b) In an emergency, when necessary to respond to
an imminent threat to life or in defense of the
homeland, the agency head or any designee may authorize
the disclosure of classified information (including
information marked pursuant to section 4.1(i)(1) of
this order) to an individual or individuals who are
otherwise not eligible for access. Such actions shall
be taken only in accordance with directives
implementing this order and any procedure issued by
agencies governing the classified information, which
shall be designed to minimize the classified
information that is disclosed under these circumstances
and the number of individuals who receive it.
Information disclosed under this provision or
implementing directives and procedures shall not be
deemed declassified as a result of such disclosure or
subsequent use by a recipient. Such disclosures shall
be reported promptly to the originator of the
classified information. For purposes of this section,
the Director of National Intelligence may issue an
implementing directive governing the emergency
disclosure of classified intelligence information.
(c) Each agency shall update, at least annually,
the automatic, routine, or recurring distribution
mechanism for classified information that it
distributes. Recipients shall cooperate fully with
distributors who are updating distribution lists and
shall notify distributors whenever a relevant change in
status occurs.
Sec. 4.3. Special Access Programs.
(a) Establishment of special access programs.
Unless otherwise authorized by the President, only the
Secretaries of State, Defense, Energy, and Homeland
Security, the Attorney General, and the Director of
National Intelligence, or the principal deputy of each,
may create a special access program. For special access
programs pertaining to intelligence sources, methods,
and activities (but not including military operational,
strategic, and tactical programs), this function shall
be exercised by the Director of National Intelligence.
These officials shall keep the number of these programs
at an absolute minimum, and shall establish them only
when the program is required by statute or upon a
specific finding that:
(1) the vulnerability of, or threat to,
specific information is exceptional; and
(2) the normal criteria for determining
eligibility for access applicable to
information classified at the same level are
not deemed sufficient to protect the
information from unauthorized disclosure.
(b) Requirements and limitations.
(1) Special access programs shall be
limited to programs in which the number of
persons who ordinarily will have access will be
reasonably small and commensurate with the
objective of providing enhanced protection for
the information involved.
(2) Each agency head shall establish and
maintain a system of accounting for special
access programs consistent with directives
issued pursuant to this order.
(3) Special access programs shall be
subject to the oversight program established
under section 5.4(d) of this order. In
addition, the Director of the Information
Security Oversight Office shall be afforded
access to these programs, in accordance with
the security requirements of each program, in
order to perform the functions assigned to the
Information Security Oversight Office under
this order. An agency head may limit access to
a special access program to the Director of the
Information Security Oversight Office and no
more than one other employee of the Information
Security Oversight Office or, for special
access programs that are extraordinarily
sensitive and vulnerable, to the Director only.
(4) The agency head or principal deputy
shall review annually each special access
program to determine whether it continues to
meet the requirements of this order.
(5) Upon request, an agency head shall
brief the National Security Advisor, or a
designee, on any or all of the agency's special
access programs.
(6) For the purposes of this section, the
term ``agency head'' refers only to the
Secretaries of State, Defense, Energy, and
Homeland Security, the Attorney General, and
the Director of National Intelligence, or the
principal deputy of each.
(c) Nothing in this order shall supersede any
requirement made by or under 10 U.S.C. 119.
Sec. 4.4. Access by Historical Researchers and Certain Former
Government Personnel.
(a) The requirement in section 4.1(a)(3) of this
order that access to classified information may be
granted only to individuals who have a need-to-know the
information may be waived for persons who:
(1) are engaged in historical research
projects;
(2) previously have occupied senior policy-
making positions to which they were appointed
or designated by the President or the Vice
President; or
(3) served as President or Vice President.
(b) Waivers under this section may be granted only
if the agency head or senior agency official of the
originating agency:
(1) determines in writing that access is
consistent with the interest of the national
security;
(2) takes appropriate steps to protect
classified information from unauthorized
disclosure or compromise, and ensures that the
information is safeguarded in a manner
consistent with this order; and
(3) limits the access granted to former
Presidential appointees or designees and Vice
Presidential appointees or designees to items
that the person originated, reviewed, signed,
or received while serving as a Presidential or
Vice Presidential appointee or designee.
PART 5--IMPLEMENTATION AND REVIEW
Sec. 5.1. Program Direction.
(a) The Director of the Information Security
Oversight Office, under the direction of the Archivist
and in consultation with the National Security Advisor,
shall issue such directives as are necessary to
implement this order. These directives shall be binding
on the agencies. Directives issued by the Director of
the Information Security Oversight Office shall
establish standards for:
(1) classification, declassification, and
marking principles;
(2) safeguarding classified information,
which shall pertain to the handling, storage,
distribution, transmittal, and destruction of
and accounting for classified information;
(3) agency security education and training
programs;
(4) agency self-inspection programs; and
(5) classification and declassification
guides.
(b) The Archivist shall delegate the implementation
and monitoring functions of this program to the
Director of the Information Security Oversight Office.
(c) The Director of National Intelligence, after
consultation with the heads of affected agencies and
the Director of the Information Security Oversight
Office, may issue directives to implement this order
with respect to the protection of intelligence sources,
methods, and activities. Such directives shall be
consistent with this order and directives issued under
paragraph (a) of this section.
Sec. 5.2. Information Security Oversight Office.
(a) There is established within the National
Archives an Information Security Oversight Office. The
Archivist shall appoint the Director of the Information
Security Oversight Office, subject to the approval of
the President.
(b) Under the direction of the Archivist, acting in
consultation with the National Security Advisor, the
Director of the Information Security Oversight Office
shall:
(1) develop directives for the
implementation of this order;
(2) oversee agency actions to ensure
compliance with this order and its implementing
directives;
(3) review and approve agency implementing
regulations prior to their issuance to ensure
their consistency with this order and
directives issued under section 5.1(a) of this
order;
(4) have the authority to conduct on-site
reviews of each agency's program established
under this order, and to require of each agency
those reports and information and other
cooperation that may be necessary to fulfill
its responsibilities. If granting access to
specific categories of classified information
would pose an exceptional national security
risk, the affected agency head or the senior
agency official shall submit a written
justification recommending the denial of access
to the President through the National Security
Advisor within 60 days of the request for
access. Access shall be denied pending the
response;
(5) review requests for original
classification authority from agencies or
officials not granted original classification
authority and, if deemed appropriate, recommend
Presidential approval through the National
Security Advisor;
(6) consider and take action on complaints
and suggestions from persons within or outside
the Government with respect to the
administration of the program established under
this order;
(7) have the authority to prescribe, after
consultation with affected agencies,
standardization of forms or procedures that
will promote the implementation of the program
established under this order;
(8) report at least annually to the
President on the implementation of this order;
and
(9) convene and chair interagency meetings
to discuss matters pertaining to the program
established by this order.
Sec. 5.3. Interagency Security Classification Appeals Panel.
(a) Establishment and administration.
(1) There is established an Interagency
Security Classification Appeals Panel. The
Departments of State, Defense, and Justice, the
National Archives, the Office of the Director
of National Intelligence, and the National
Security Advisor shall each be represented by a
senior-level representative who is a full-time
or permanent part-time Federal officer or
employee designated to serve as a member of the
Panel by the respective agency head. The
President shall designate a Chair from among
the members of the Panel.
(2) Additionally, the Director of the
Central Intelligence Agency may appoint a
temporary representative who meets the criteria
in paragraph (a)(1) of this section to
participate as a voting member in all Panel
deliberations and associated support activities
concerning classified information originated by
the Central Intelligence Agency.
(3) A vacancy on the Panel shall be filled
as quickly as possible as provided in paragraph
(a)(1) of this section.
(4) The Director of the Information
Security Oversight Office shall serve as the
Executive Secretary of the Panel. The staff of
the Information Security Oversight Office shall
provide program and administrative support for
the Panel.
(5) The members and staff of the Panel
shall be required to meet eligibility for
access standards in order to fulfill the
Panel's functions.
(6) The Panel shall meet at the call of the
Chair. The Chair shall schedule meetings as may
be necessary for the Panel to fulfill its
functions in a timely manner.
(7) The Information Security Oversight
Office shall include in its reports to the
President a summary of the Panel's activities.
(b) Functions. The Panel shall:
(1) decide on appeals by persons who have
filed classification challenges under section
1.8 of this order;
(2) approve, deny, or amend agency
exemptions from automatic declassification as
provided in section 3.3 of this order;
(3) decide on appeals by persons or
entities who have filed requests for mandatory
declassification review under section 3.5 of
this order; and
(4) appropriately inform senior agency
officials and the public of final Panel
decisions on appeals under sections 1.8 and 3.5
of this order.
(c) Rules and procedures. The Panel shall issue
bylaws, which shall be published in the Federal
Register. The bylaws shall establish the rules and
procedures that the Panel will follow in accepting,
considering, and issuing decisions on appeals. The
rules and procedures of the Panel shall provide that
the Panel will consider appeals only on actions in
which:
(1) the appellant has exhausted his or her
administrative remedies within the responsible
agency;
(2) there is no current action pending on
the issue within the Federal courts; and
(3) the information has not been the
subject of review by the Federal courts or the
Panel within the past 2 years.
(d) Agency heads shall cooperate fully with the
Panel so that it can fulfill its functions in a timely
and fully informed manner. The Panel shall report to
the President through the National Security Advisor any
instance in which it believes that an agency head is
not cooperating fully with the Panel.
(e) The Panel is established for the sole purpose
of advising and assisting the President in the
discharge of his constitutional and discretionary
authority to protect the national security of the
United States. Panel decisions are committed to the
discretion of the Panel, unless changed by the
President.
(f) An agency head may appeal a decision of the
Panel to the President through the National Security
Advisor. The information shall remain classified
pending a decision on the appeal.
Sec. 5.4. General Responsibilities. Heads of agencies that
originate or handle classified information shall:
(a) demonstrate personal commitment and commit
senior management to the successful implementation of
the program established under this order;
(b) commit necessary resources to the effective
implementation of the program established under this
order;
(c) ensure that agency records systems are designed
and maintained to optimize the appropriate sharing and
safeguarding of classified information, and to
facilitate its declassification under the terms of this
order when it no longer meets the standards for
continued classification; and
(d) designate a senior agency official to direct
and administer the program, whose responsibilities
shall include:
(1) overseeing the agency's program
established under this order, provided an
agency head may designate a separate official
to oversee special access programs authorized
under this order. This official shall provide a
full accounting of the agency's special access
programs at least annually;
(2) promulgating implementing regulations,
which shall be published in the Federal
Register to the extent that they affect members
of the public;
(3) establishing and maintaining security
education and training programs;
(4) establishing and maintaining an ongoing
self-inspection program, which shall include
the regular reviews of representative samples
of the agency's original and derivative
classification actions, and shall authorize
appropriate agency officials to correct
misclassification actions not covered by
sections 1.7(c) and 1.7(d) of this order; and
reporting annually to the Director of the
Information Security Oversight Office on the
agency's self-inspection program;
(5) establishing procedures consistent with
directives issued pursuant to this order to
prevent unnecessary access to classified
information, including procedures that:
(A) require that a need for access
to classified information be
established before initiating
administrative clearance procedures;
and
(B) ensure that the number of
persons granted access to classified
information meets the mission needs of
the agency while also satisfying
operational and security requirements
and needs;
(6) developing special contingency plans
for the safeguarding of classified information
used in or near hostile or potentially hostile
areas;
(7) ensuring that the performance contract
or other system used to rate civilian or
military personnel performance includes the
designation and management of classified
information as a critical element or item to be
evaluated in the rating of:
(A) original classification
authorities;
(B) security managers or security
specialists; and
(C) all other personnel whose
duties significantly involve the
creation or handling of classified
information, including personnel who
regularly apply derivative
classification markings;
(8) accounting for the costs associated
with the implementation of this order, which
shall be reported to the Director of the
Information Security Oversight Office for
publication;
(9) assigning in a prompt manner agency
personnel to respond to any request, appeal,
challenge, complaint, or suggestion arising out
of this order that pertains to classified
information that originated in a component of
the agency that no longer exists and for which
there is no clear successor in function; and
(10) establishing a secure capability to
receive information, allegations, or complaints
regarding over-classification or incorrect
classification within the agency and to provide
guidance to personnel on proper classification
as needed.
Sec. 5.5. Sanctions.
(a) If the Director of the Information Security
Oversight Office finds that a violation of this order
or its implementing directives has occurred, the
Director shall make a report to the head of the agency
or to the senior agency official so that corrective
steps, if appropriate, may be taken.
(b) Officers and employees of the United States
Government, and its contractors, licensees, certificate
holders, and grantees shall be subject to appropriate
sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons
information properly classified under this
order or predecessor orders;
(2) classify or continue the classification
of information in violation of this order or
any implementing directive;
(3) create or continue a special access
program contrary to the requirements of this
order; or
(4) contravene any other provision of this
order or its implementing directives.
(c) Sanctions may include reprimand, suspension
without pay, removal, termination of classification
authority, loss or denial of access to classified
information, or other sanctions in accordance with
applicable law and agency regulation.
(d) The agency head, senior agency official, or
other supervisory official shall, at a minimum,
promptly remove the classification authority of any
individual who demonstrates reckless disregard or a
pattern of error in applying the classification
standards of this order.
(e) The agency head or senior agency official
shall:
(1) take appropriate and prompt corrective
action when a violation or infraction under
paragraph (b) of this section occurs; and
(2) notify the Director of the Information
Security Oversight Office when a violation
under paragraph (b)(1), (2), or (3) of this
section occurs.
PART 6--GENERAL PROVISIONS
Sec. 6.1. Definitions. For purposes of this order:
(a) ``Access'' means the ability or opportunity to
gain knowledge of classified information.
(b) ``Agency'' means any ``Executive agency,'' as
defined in 5 U.S.C. 105; any ``Military department'' as
defined in 5 U.S.C. 102; and any other entity within
the executive branch that comes into the possession of
classified information.
(c) ``Authorized holder'' of classified information
means anyone who satisfies the conditions for access
stated in section 4.1(a) of this order.
(d) ``Automated information system'' means an
assembly of computer hardware, software, or firmware
configured to collect, create, communicate, compute,
disseminate, process, store, or control data or
information.
(e) ``Automatic declassification'' means the
declassification of information based solely upon:
(1) the occurrence of a specific date or
event as determined by the original
classification authority; or
(2) the expiration of a maximum time frame
for duration of classification established
under this order.
(f) ``Classification'' means the act or process by
which information is determined to be classified
information.
(g) ``Classification guidance'' means any
instruction or source that prescribes the
classification of specific information.
(h) ``Classification guide'' means a documentary
form of classification guidance issued by an original
classification authority that identifies the elements
of information regarding a specific subject that must
be classified and establishes the level and duration of
classification for each such element.
(i) ``Classified national security information'' or
``classified information'' means information that has
been determined pursuant to this order or any
predecessor order to require protection against
unauthorized disclosure and is marked to indicate its
classified status when in documentary form.
(j) ``Compilation'' means an aggregation of
preexisting unclassified items of information.
(k) ``Confidential source'' means any individual or
organization that has provided, or that may reasonably
be expected to provide, information to the United
States on matters pertaining to the national security
with the expectation that the information or
relationship, or both, are to be held in confidence.
(l) ``Damage to the national security'' means harm
to the national defense or foreign relations of the
United States from the unauthorized disclosure of
information, taking into consideration such aspects of
the information as the sensitivity, value, utility, and
provenance of that information.
(m) ``Declassification'' means the authorized
change in the status of information from classified
information to unclassified information.
(n) ``Declassification guide'' means written
instructions issued by a declassification authority
that describes the elements of information regarding a
specific subject that may be declassified and the
elements that must remain classified.
(o) ``Derivative classification'' means the
incorporating, paraphrasing, restating, or generating
in new form information that is already classified, and
marking the newly developed material consistent with
the classification markings that apply to the source
information. Derivative classification includes the
classification of information based on classification
guidance. The duplication or reproduction of existing
classified information is not derivative
classification.
(p) ``Document'' means any recorded information,
regardless of the nature of the medium or the method or
circumstances of recording.
(q) ``Downgrading'' means a determination by a
declassification authority that information classified
and safeguarded at a specified level shall be
classified and safeguarded at a lower level.
(r) ``File series'' means file units or documents
arranged according to a filing system or kept together
because they relate to a particular subject or
function, result from the same activity, document a
specific kind of transaction, take a particular
physical form, or have some other relationship arising
out of their creation, receipt, or use, such as
restrictions on access or use.
(s) ``Foreign government information'' means:
(1) information provided to the United
States Government by a foreign government or
governments, an international organization of
governments, or any element thereof, with the
expectation that the information, the source of
the information, or both, are to be held in
confidence;
(2) information produced by the United
States Government pursuant to or as a result of
a joint arrangement with a foreign government
or governments, or an international
organization of governments, or any element
thereof, requiring that the information, the
arrangement, or both, are to be held in
confidence; or
(3) information received and treated as
``foreign government information'' under the
terms of a predecessor order.
(t) ``Information'' means any knowledge that can be
communicated or documentary material, regardless of its
physical form or characteristics, that is owned by, is
produced by or for, or is under the control of the
United States Government.
(u) ``Infraction'' means any knowing, willful, or
negligent action contrary to the requirements of this
order or its implementing directives that does not
constitute a ``violation,'' as defined below.
(v) ``Integral file block'' means a distinct
component of a file series, as defined in this section,
that should be maintained as a separate unit in order
to ensure the integrity of the records. An integral
file block may consist of a set of records covering
either a specific topic or a range of time, such as a
Presidential administration or a 5-year retirement
schedule within a specific file series that is retired
from active use as a group. For purposes of automatic
declassification, integral file blocks shall contain
only records dated within 10 years of the oldest record
in the file block.
(w) ``Integrity'' means the state that exists when
information is unchanged from its source and has not
been accidentally or intentionally modified, altered,
or destroyed.
(x) ``Intelligence'' includes foreign intelligence
and counterintelligence as defined by Executive Order
12333 of December 4, 1981, as amended, or by a
successor order.
(y) ``Intelligence activities'' means all
activities that elements of the Intelligence Community
are authorized to conduct pursuant to law or Executive
Order 12333, as amended, or a successor order.
(z) ``Intelligence Community'' means an element or
agency of the U.S. Government identified in or
designated pursuant to section 3(4) of the National
Security Act of 1947, as amended, or section 3.5(h) of
Executive Order 12333, as amended.
(aa) ``Mandatory declassification review'' means
the review for declassification of classified
information in response to a request for
declassification that meets the requirements under
section 3.5 of this order.
(bb) ``Multiple sources'' means two or more source
documents, classification guides, or a combination of
both.
(cc) ``National security'' means the national
defense or foreign relations of the United States.
(dd) ``Need-to-know'' means a determination within
the executive branch in accordance with directives
issued pursuant to this order that a prospective
recipient requires access to specific classified
information in order to perform or assist in a lawful
and authorized governmental function.
(ee) ``Network'' means a system of two or more
computers that can exchange data or information.
(ff) ``Original classification'' means an initial
determination that information requires, in the
interest of the national security, protection against
unauthorized disclosure.
(gg) ``Original classification authority'' means an
individual authorized in writing, either by the
President, the Vice President, or by agency heads or
other officials designated by the President, to
classify information in the first instance.
(hh) ``Records'' means the records of an agency and
Presidential papers or Presidential records, as those
terms are defined in title 44, United States Code,
including those created or maintained by a government
contractor, licensee, certificate holder, or grantee
that are subject to the sponsoring agency's control
under the terms of the contract, license, certificate,
or grant.
(ii) ``Records having permanent historical value''
means Presidential papers or Presidential records and
the records of an agency that the Archivist has
determined should be maintained permanently in
accordance with title 44, United States Code.
(jj) ``Records management'' means the planning,
controlling, directing, organizing, training,
promoting, and other managerial activities involved
with respect to records creation, records maintenance
and use, and records disposition in order to achieve
adequate and proper documentation of the policies and
transactions of the Federal Government and effective
and economical management of agency operations.
(kk) ``Safeguarding'' means measures and controls
that are prescribed to protect classified information.
(ll) ``Self-inspection'' means the internal review
and evaluation of individual agency activities and the
agency as a whole with respect to the implementation of
the program established under this order and its
implementing directives.
(mm) ``Senior agency official'' means the official
designated by the agency head under section 5.4(d) of
this order to direct and administer the agency's
program under which information is classified,
safeguarded, and declassified.
(nn) ``Source document'' means an existing document
that contains classified information that is
incorporated, paraphrased, restated, or generated in
new form into a new document.
(oo) ``Special access program'' means a program
established for a specific class of classified
information that imposes safeguarding and access
requirements that exceed those normally required for
information at the same classification level.
(pp) ``Systematic declassification review'' means
the review for declassification of classified
information contained in records that have been
determined by the Archivist to have permanent
historical value in accordance with title 44, United
States Code.
(qq) ``Telecommunications'' means the preparation,
transmission, or communication of information by
electronic means.
(rr) ``Unauthorized disclosure'' means a
communication or physical transfer of classified
information to an unauthorized recipient.
(ss) ``U.S. entity'' includes:
(1) State, local, or tribal governments;
(2) State, local, and tribal law
enforcement and firefighting entities;
(3) public health and medical entities;
(4) regional, state, local, and tribal
emergency management entities, including State
Adjutants General and other appropriate public
safety entities; or
(5) private sector entities serving as part
of the nation's Critical Infrastructure/Key
Resources.
(tt) ``Violation'' means:
(1) any knowing, willful, or negligent
action that could reasonably be expected to
result in an unauthorized disclosure of
classified information;
(2) any knowing, willful, or negligent
action to classify or continue the
classification of information contrary to the
requirements of this order or its implementing
directives; or
(3) any knowing, willful, or negligent
action to create or continue a special access
program contrary to the requirements of this
order. (uu) ``Weapons of mass destruction''
means any weapon of mass destruction as defined
in 50 U.S.C. 1801(p).
Sec. 6.2. General Provisions.
(a) Nothing in this order shall supersede any
requirement made by or under the Atomic Energy Act of
1954, as amended, or the National Security Act of 1947,
as amended. ``Restricted Data'' and ``Formerly
Restricted Data'' shall be handled, protected,
classified, downgraded, and declassified in conformity
with the provisions of the Atomic Energy Act of 1954,
as amended, and regulations issued under that Act.
(b) The Director of National Intelligence may, with
respect to the Intelligence Community and after
consultation with the heads of affected departments and
agencies, issue such policy directives and guidelines
as the Director of National Intelligence deems
necessary to implement this order with respect to the
classification and declassification of all intelligence
and intelligence-related information, and for access to
and dissemination of all intelligence and intelligence-
related information, both in its final form and in the
form when initially gathered. Procedures or other
guidance issued by Intelligence Community element heads
shall be in accordance with such policy directives or
guidelines issued by the Director of National
Intelligence. Any such policy directives or guidelines
issued by the Director of National Intelligence shall
be in accordance with directives issued by the Director
of the Information Security Oversight Office under
section 5.1(a) of this order.
(c) The Attorney General, upon request by the head
of an agency or the Director of the Information
Security Oversight Office, shall render an
interpretation of this order with respect to any
question arising in the course of its administration.
(d) Nothing in this order limits the protection
afforded any information by other provisions of law,
including the Constitution, Freedom of Information Act
exemptions, the Privacy Act of 1974, and the National
Security Act of 1947, as amended. This order is not
intended to and does not create any right or benefit,
substantive or procedural, enforceable at law by a
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person. The foregoing is in
addition to the specific provisos set forth in sections
1.1(b), 3.1(c) and 5.3(e) of this order.
(e) Nothing in this order shall be construed to
obligate action or otherwise affect functions by the
Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative
proposals.
(f) This order shall be implemented subject to the
availability of appropriations.
(g) Executive Order 12958 of April 17, 1995, and
amendments thereto, including Executive Order 13292 of
March 25, 2003, are hereby revoked as of the effective
date of this order.
Sec. 6.3. Effective Date. This order is effective 180 days from
the date of this order, except for sections 1.7, 3.3, and 3.7,
which are effective immediately.
Sec. 6.4. Publication. The Archivist of the United States shall
publish this Executive Order in the Federal Register.
Executive Order 13527
Establishing Federal Capability for the Timely Provision of
Medical Countermeasures Following a Biological Attack
=======================================================================
Signed: December 30, 2009
Federal Register page and date: 75 FR 737, January 6, 2010
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it
is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to
plan and prepare for the timely provision of medical
countermeasures to the American people in the event of a
biological attack in the United States through a rapid Federal
response in coordination with State, local, territorial, and
tribal governments.
This policy would seek to:
(1) mitigate illness and prevent death;
(2) sustain critical infrastructure; and
(3) complement and supplement State, local,
territorial, and tribal government medical
countermeasure distribution capacity.
Sec. 2. United States Postal Service Delivery of Medical
Countermeasures.
(a) The U.S. Postal Service has the capacity for
rapid residential delivery of medical countermeasures
for self administration across all communities in the
United States. The Federal Government shall pursue a
national U.S. Postal Service medical countermeasures
dispensing model to respond to a large-scale biological
attack.
(b) The Secretaries of Health and Human Services
and Homeland Security, in coordination with the U.S.
Postal Service, within 180 days of the date of this
order, shall establish a national U.S. Postal Service
medical countermeasures dispensing model for U.S.
cities to respond to a large-scale biological attack,
with anthrax as the primary threat consideration.
(c) In support of the national U.S. Postal Service
model, the Secretaries of Homeland Security, Health and
Human Services, and Defense, and the Attorney General,
in coordination with the U.S. Postal Service, and in
consultation with State and local public health,
emergency management, and law enforcement officials,
within 180 days of the date of this order, shall
develop an accompanying plan for supplementing local
law enforcement personnel, as necessary and
appropriate, with local Federal law enforcement, as
well as other appropriate personnel, to escort U.S.
Postal workers delivering medical countermeasures.
Sec. 3. Federal Rapid Response.
(a) The Federal Government must develop the
capacity to anticipate and immediately supplement the
capabilities of affected jurisdictions to rapidly
distribute medical countermeasures following a
biological attack. Implementation of a Federal strategy
to rapidly dispense medical countermeasures requires
establishment of a Federal rapid response capability.
(b) The Secretaries of Homeland Security and Health
and Human Services, in coordination with the Secretary
of Defense, within 90 days of the date of this order,
shall develop a concept of operations and establish
requirements for a Federal rapid response to dispense
medical countermeasures to an affected population
following a large-scale biological attack.
Sec. 4. Continuity of Operations.
(a) The Federal Government must establish
mechanisms for the provision of medical countermeasures
to personnel performing mission-essential functions to
ensure that mission-essential functions of Federal
agencies continue to be performed following a
biological attack.
(b) The Secretaries of Health and Human Services
and Homeland Security, within 180 days of the date of
this order, shall develop a plan for the provision of
medical countermeasures to ensure that mission-
essential functions of executive branch departments and
agencies continue to be performed following a large-
scale biological attack.
Sec. 5. General Provisions.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to a
department or agency, or the head thereof; or
(ii) functions of the Director of the
Office of Management and Budget relating to
budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
Executive Order 13528
Establishment of the Council of Governors
=======================================================================
Signed: OJanuary 11, 2010
Federal Register page and date: 75 FR 2053, January 14, 2010
=======================================================================
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 1822 of the National Defense Authorization
Act of 2008 (Public Law 110-181), and in order to strengthen
further the partnership between the Federal Government and
State governments to protect our Nation and its people and
property, it is hereby ordered as follows:
Section 1. Council of Governors.
(a) There is established a Council of Governors
(Council). The Council shall consist of 10 State
Governors appointed by the President (Members), of whom
no more than five shall be of the same political party.
The term of service for each Member appointed to serve
on the Council shall be 2 years, but a Member may be
reappointed for additional terms.
(b) The President shall designate two Members, who
shall not be members of the same political party, to
serve as Co-Chairs of the Council.
Sec. 2. Functions. The Council shall meet at the call of the
Secretary of Defense or the Co-Chairs of the Council to
exchange views, information, or advice with the Secretary of
Defense; the Secretary of Homeland Security; the Assistant to
the President for Homeland Security and Counterterrorism; the
Assistant to the President for Intergovernmental Affairs and
Public Engagement; the Assistant Secretary of Defense for
Homeland Defense and Americas' Security Affairs; the Commander,
United States Northern Command; the Chief, National Guard
Bureau; the Commandant of the Coast Guard; and other
appropriate officials of the Department of Homeland Security
and the Department of Defense, and appropriate officials of
other executive departments or agencies as may be designated by
the Secretary of Defense or the Secretary of Homeland Security.
Such views, information, or advice shall concern:
(a) matters involving the National Guard of the
various States;
(b) homeland defense;
(c) civil support;
(d) synchronization and integration of State and
Federal military activities in the United States; and
(e) other matters of mutual interest pertaining to
National Guard, homeland defense, and civil support
activities.
Sec. 3. Administration.
(a) The Secretary of Defense shall designate an
Executive Director to coordinate the work of the
Council.
(b) Members shall serve without compensation for
their work on the Council. However, Members shall be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law.
(c) Upon the joint request of the Co-Chairs of the
Council, the Secretary of Defense shall, to the extent
permitted by law and subject to the availability of
appropriations, provide the Council with administrative
support, assignment or detail of personnel, and
information as may be necessary for the performance of
the Council's functions.
(d) The Council may establish subcommittees of the
Council. These subcommittees shall consist exclusively
of Members of the Council and any designated employees
of a Member with authority to act on the Member's
behalf, as appropriate to aid the Council in carrying
out its functions under this order.
(e) The Council may establish a charter that is
consistent with the terms of this order to refine
further its purpose, scope, and objectives and to
allocate duties, as appropriate, among members.
Sec. 4. Definitions. As used in this order:
(a) the term ``State'' has the meaning provided in
paragraph (15) of section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101(15)); and
(b) the term ``Governor'' has the meaning provided
in paragraph (5) of section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(5)).
Sec. 5. General Provisions.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(1) the authority granted by law to a
department, agency, or the head thereof; or
(2) functions of the Director of the Office
of Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
[Executive Orders]