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 EO 13407 Title 3--The President 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 Presi- dent, 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 insert- ing 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 presi- dential 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 ef- fective transition, without loss of capability, from alert and warning sys- tems 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 man- ner consistent with: (i) applicable law and presidential guidance, including Executive Order 12472 of April 3, 1984, as amended, and subject to the availability of ap- propriations; 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 func- tions 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. GEORGE W. BUSH The White House, June 26, 2006. 238

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