Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security

(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.

(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.

(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.

(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.

“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:

(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.

(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.

(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.

(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.

(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.

(a) striking “17. Federal Emergency Management Agency;” in section 3(b); and

(b) renumbering the subsequent subsections in section 3(b) appropriately.

(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.

(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).

(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.

(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.”.

(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.

(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.

(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.

(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.

(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).

(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.

(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.

(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).

(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.

(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.

(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).

(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.

(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.

(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.”.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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).

(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.

(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.

(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.

(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, (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.”.

(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).

(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.

(a) Order of Succession.

(i) Deputy Secretary of Homeland Security;

(ii) Under Secretary for Border and Transportation Security;

(iii) Under Secretary for Emergency Preparedness and Response;

(iv) Under Secretary for Information Analysis and Infrastructure Protection;

(v) Under Secretary for Management;

(vi) Under Secretary for Science and Technology;

(vii) General Counsel; and

(viii) Assistant Secretaries in the Department in the order of their date of appointment as such.

(b) Exceptions.

(i) No individual who is serving in an office listed in subsection (a) in an acting capacity 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 Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq ., to depart from this order in designating an acting Secretary.