Executive Order 13286

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:


 * (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:

“ Section 1. &#160; 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. &#160; 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.

“ Sec. 3. &#160; 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. {|style="border-collapse:separate; empty-cells:hide; margin: 0em 0em 0em 3.0em;"


 * }

“ Sec. 4. &#160; 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 departments, agencies, or other entities, its officers or employees, or any other person.”


 * (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);
 * 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


 * (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.

George W. Bush The White House, February 28, 2003. [FR Doc. 03–5343 Filed 3–4–03; 8:45 am; published in the Federal Register on March 5 (not received in time for publication in the appropriate issue)] Billing Code 3195–01–P