[Executive Orders]

Executive Order 13286 of February 28, 2003

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

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (Public Law 107-296) and section 301 of title 3, United States Code, and in order to reflect the transfer of certain functions to, and other responsibilities vested in, the Secretary of Homeland Security, the transfer of certain agencies and agency components to the Department of Homeland Security, and the delegation of appropriate responsibilities to the Secretary of Homeland Security, it is hereby ordered as follows:

Section 1. Executive Order 13276 of November 15, 2002 (``Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region''), is amended by:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

Sec. 24. Executive Order 12919 of June 3, 1994 (``National Defense Industrial Resources Preparedness''), is amended by:

Sec. 25. Executive Order 12906 of April 11, 1994 (``Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure''), is amended by:

Sec. 26. Executive Order 12870 of September 30, 1993 (``Trade Promotion Coordinating Committee''), is amended by:

Sec. 27. Executive Order 12835 of January 25, 1993 (``Establishment of the National Economic Council''), is amended by:

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:

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:

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:

Sec. 35. Executive Order 12743 of January 18, 1991 (``Ordering the Ready Reserve of the Armed Forces to Active Duty''), is amended by:

Sec. 36. Executive Order 12742 of January 8, 1991 (``National Security Industrial Responsiveness''), is amended by:

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:

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:

Sec. 42. Executive Order 12656 of November 18, 1988 (``Assignment of Emergency Preparedness Responsibilities''), as amended, is further amended by:

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:

Sec. 44. Executive Order 12555 of November 15, 1985 (``Protection of Cultural Property''), as amended, is further amended by:

Sec. 45. Executive Order 12501 of January 28, 1985 (``Arctic Research''), is amended by:

Sec. 46. Executive Order 12472 of April 3, 1984 (``Assignment of National Security and Emergency Preparedness Telecommunications Functions''), is amended by:

Sec. 47. Executive Order 12382 of September 13, 1982 (``President's National Security Telecommunications Advisory Committee''), as amended, is further amended by:

Sec. 48. Executive Order 12341 of January 21, 1982 (``Cuban and Haitian Entrants''), is amended by:

Sec. 49. Executive Order 12208 of April 15, 1980 (``Consultations on the Admission of Refugees''), as amended, is further amended by:

Sec. 50. Executive Order 12188 of January 2, 1980 (``International Trade Functions''), as amended, is further amended by:

Sec. 51. Executive Order 12160 of September 26, 1979 (``Providing for Enhancement and Coordination of Federal Consumer Programs''), as amended, is further amended by:

Sec. 52. Executive Order 12148 of July 20, 1979 (``Federal Emergency Management''), as amended, is further amended by:

Sec. 53. Executive Order 12146 of July 18, 1979 (``Management of Federal Legal Resources''), as amended, is further amended by:

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:

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:

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:

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:

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:

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:

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 Secretary of Homeland Security (``Secretary'') 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.

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.

THE WHITE HOUSE,

February 28, 2003.


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