U.S. GOVERNMENT PRINTING OFFICE

56–961 PDF WASHINGTON : 

" COMMITTEE PRINT ! 111TH CONGRESS

2nd Session 

COMMITTEE

2010

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

June 2010
Compilation of Homeland Security Related Executive Orders

(E.O. 4601 Through E.O. 13528)
U.S. GOVERNMENT PRINTING OFFICE

56–961 PDF WASHINGTON : 

" COMMITTEE PRINT ! 111TH CONGRESS

2nd Session 

COMMITTEE

2010

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

June 2010
COMMITTEE ON HOMELAND SECURITY 

BENNIE G. THOMPSON, Mississippi, Chairman 

LORETTA SANCHEZ, California 

JANE HARMAN, California 

PETER A. DEFAZIO, Oregon 

ELEANOR HOLMES NORTON, District of 

Columbia 

ZOE LOFGREN, California 

SHEILA JACKSON LEE, Texas 

HENRY CUELLAR, Texas 

CHRISTOPHER P. CARNEY, Pennsylvania 

YVETTE D. CLARKE, New York 

LAURA RICHARDSON, California 

ANN KIRKPATRICK, Arizona 

BILL PASCRELL, JR., New Jersey 

EMANUEL CLEAVER, Missouri 

AL GREEN, Texas 

JAMES A. HIMES, Connecticut 

MARY JO KILROY, Ohio 

DINA TITUS, Nevada 

WILLIAM L. OWENS, New York 

VACANCY

VACANCY

PETER T. KING, New York 

LAMAR SMITH, Texas 

DANIEL E. LUNGREN, California 

MIKE ROGERS, Alabama 

MICHAEL T. MCCAUL, Texas 

CHARLES W. DENT, Pennsylvania 

GUS M. BILIRAKIS, Florida 

PAUL C. BROUN, Georgia 

CANDICE S. MILLER, Michigan 

PETE OLSON, Texas 

ANH ‘‘JOSEPH’’ CAO, Louisiana 

STEVE AUSTRIA, Ohio 

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
Page

IV

Lyndon B. Johnson—Continued

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
Page

V

George H.W. Bush—Continued

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
Page

VI

George W. Bush—Continued

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
(1)

1STAFF 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). 

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

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 
2

2U.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). 5 343 U.S. 579 (1952). 6 Id. at 587. 7 Id. at 585. 8 Id. at 586-89. 9 Id. at 635-38. 10 Id. at 635, 637. 11 Id. at 637. 

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

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

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 
3

12 Id. 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). 

only to the President’s ‘‘own constitutional powers minus any constitutional powers of Congress over the matter.’’12

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

(5)

Executive Orders Issued by 

President Calvin Coolidge 

(1923-1929) 

EXECUTIVE ORDER 4601

(7)

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. 
8

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. 
9

(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. 

(11)

Executive Orders Issued by 

President John F. Kennedy 

(1961-1963) 

EXECUTIVE ORDERS 10113-11079

(13)

EXECUTIVE ORDER 10113

DELEGATING THE AUTHORITY OF THE PRESIDENT TO PRE- SCRIBE 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.
14

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.’’
(15)

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 re-
16

serve 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. 
(17)

EXECUTIVE ORDER 10179

ESTABLISHING THE KOREAN SERVICE MEDAL

{AS AMENDED BY EO 10429, EO 13286}

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. 

(19)

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}

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. 

(21)

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. 

(23)

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 insur-
24

ance 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. 
(25)

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. 

(27)

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 I 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 I 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 If 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 If 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 
28

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 When 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 I 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. 
(29)

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 
30

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. 
31

(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. 
32

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. 
33

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. 

(35)

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 eli-
36

gible, 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. 
(37)

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}

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

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 sub-
38

paragraph (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. 
39

(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.
40

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 
41

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 
42

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. 
(43)

EXECUTIVE ORDER 10865

SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY

{AS AMENDED BY EO 10909, EO 11382, EO 12038, 

EO 12829, EO 13284}

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.
44

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 crossexamine 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 
45

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 
46

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 crossexamination. 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. 
(47)

EXECUTIVE ORDER 10977

ESTABLISHING THE ARMED FORCES EXPEDITIONARY MEDAL

{AS AMENDED BY EO 11382, EO 13286}

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 
48

as may be deemed appropriate by the Secretary of the department 

concerned. 
(49)

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-theHudson, 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; 
50

(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. 
(51)

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 
52

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. 
(53)

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. 

(55)

Executive Orders Issued by 

President Lyndon B. Johnson 

(1963-1969) 

EXECUTIVE ORDERS 11139-11448

(57)

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. 

(59)

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. 

(61)

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. 

(63)

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 
64

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. 
(65)

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 
66

(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. 
(67)

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:
68

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 con-
69

sulted 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. 

(71)

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.
72

Sec. 3. No cash awards hereunder for a single suggestion, inven- tion, 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. 
(73)

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. 

(75)

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. 

(77)

Executive Orders Issued by 

President Richard M. Nixon 

(1969-1974) 

EXECUTIVE ORDERS 11623-11645

(79)

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 
80

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. 
(81)

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. 

(83)

Executive Orders Issued by 

President Gerald R. Ford 

(1974-1977) 

EXECUTIVE ORDERS 11858-11965

(85)

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. 
86

(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 ad-
87

dition, 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 
88

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 infor-
89

mation 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. 

(91)

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 con-
92

sist 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. 
(93)

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. 

(95)

Executive Orders Issued by 

President Jimmy Carter 

(1977-1981) 

EXECUTIVE ORDERS 12002-12260

(97)

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 
98

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. 
(99)

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.)
100

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. 
(101)

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; 
102

(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 
103

(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; 
104

(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. 
(105)

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.
106

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 Attor-
107

ney 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. 

(109)

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.)
110

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. 
(111)

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.
112

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.
113

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 
114

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).
115

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.
116

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.
117

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’’.
118

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). 
119

(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. 

(121)

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. 
122

(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 
123

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.
124

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; 
125

(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. 

(127)

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 im-
128

plementation 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 
129

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 
130

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 
131

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. 

(133)

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. 

(135)

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 
136

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. Department 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. Department 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 
137

32. General 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. Maritime Administration of the Department of Transportation 

55. The Peace Corps 

(139)

Executive Orders Issued by 

President Ronald Reagan 

(1981-1989) 

EXECUTIVE ORDERS 12333-12657

(141)

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 
142

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.
143

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: 
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(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; 
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(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 GeospatialIntelligence 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; 
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(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 
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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. 
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(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 In-
149

telligence, 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; 
150

(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 Direc-
151

tor 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 
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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 De-
153

fense 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 
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(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 ELE- MENTS 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: 
155

(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. 
156

(j) THE OFFICE OF THE DIRECTOR OF NATIONAL INTEL- LIGENCE. 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; 
157

(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.
158

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 
159

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; 
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(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 
161

(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.
162

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. 
163

(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; 
164

(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: 
165

(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. 

(167)

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. 

(169)

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.
170

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. 
(171)

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: 
172

(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 
173

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; 
174

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 
175

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 
176

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. 
177

(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. 
178

(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 
179

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 
180

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. 
(181)

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. 
182

(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 pol-
183

icy. 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 
184

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. 
(185)

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. 
186

(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 
187

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. 

(189)

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 
190

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. 
191

(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 
192

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. 
193

(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) 
194

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 dele-
195

gated 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 de-
196

partments 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.
197

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, Ex-
198

ecutive 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. 
199

(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. 

(201)

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 
202

(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 
203

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.’’

(205)

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 
206

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 
207

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: 
208

(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; 
209

(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 
210

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; 
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(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 
212

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.
213

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 En-
214

ergy, 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: 
215

(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: 
216

(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; 
217

(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 
218

(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: 
219

(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; 
220

(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: 
221

(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; 
222

(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 en-
223

forcement, 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 
224

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; 
225

(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; 
226

(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 
227

(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 governmentwide 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.
228

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, 
229

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; 
230

(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; 
231

(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. 

(233)

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. 
234

(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 
235

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 re-
236

sponse 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. 
(237)

Executive Orders Issued by 

President George H.W. Bush 

(1989-1993) 

EXECUTIVE ORDERS 12673-12830

(239)

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, 
240

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.’’ 
(241)

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 
242

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 
243

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. 

(245)

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. 

(247)

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. 

(249)

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. 

(251)

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 
252

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. 
253

(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. 

(255)

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 
256

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; 
257

(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 cochair 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 
258

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. 
(259)

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. 

(261)

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.
262

Sec. 5. This order shall supersede Executive Order No. 10879 of 

June 1, 1960, as amended. 
(263)

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 un-
264

documented 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.
265

Sec. 4. Executive Order No. 12324 is hereby revoked and replaced 

by this order.

Sec. 5. This order shall be effective immediately. 

(267)

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. 

(269)

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. 

(271)

Executive Orders Issued by 

President William J. Clinton 

(1993-2001) 

EXECUTIVE ORDERS 12835-13165

(273)

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; 
274

(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. 
(275)

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; 
276

(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. 
(277)

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 
278

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 
279

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. 

(281)

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.
282

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. 
(283)

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 
284

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 
285

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: 
286

(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: 
287

(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. 

(289)

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.
290

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. 
291

(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, 
292

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. 
(293)

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; 
294

(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 fa-
295

cilities 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: 
296

(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, 
297

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 ExportImport 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 deter-
298

mination, 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.
299

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.
300

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.
301

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

øREVOKED

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.¿
302

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 transpor-
303

tation’’ 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. 
304

(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). 
305

(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. 

(307)

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 
308

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. 
(309)

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. 

(311)

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 
312

(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. 
313

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. 

(315)

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 
316

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. 
(317)

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 

(319)

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. 
320

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. 
(321)

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 em-
322

ployers 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 en-
323

tity 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 eligi-
324

bility 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 
325

(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. 

(327)

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. 
328

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. 
(329)

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; 
330

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; 
331

(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. 

(333)

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. 

(335)

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 
336

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 shortterm 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. 
(337)

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. 
338

(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.
339

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 CoChaired 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 CoChairs, 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; 
340

(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 
341

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. 

(343)

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 
344

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, 
345

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. 

(347)

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. 

(349)

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 CoChairs 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 
350

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.
351

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. 

(353)

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 
354

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. 
(355)

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 
356

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 Cochairpersons 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, 
357

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-
358

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. 
(359)

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. 

(361)

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 ANTIDOPING 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 
362

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. 
(363)

Executive Orders Issued by 

President George W. Bush 

(2001-2009) 

EXECUTIVE ORDERS 13232-13486

(365)

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 
366

(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 fulltime 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. 
(367)

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: 
368

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 
369

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. 

(371)

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 
372

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 
373

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.
374

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 
375

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 øSec. 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.¿

(377)

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. 
378

(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 
379

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; 
380

(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 
381

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. 
382

(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. 
383

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.’’
384

(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.’’
(385)

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 
386

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 institu-
387

tions 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. 
388

(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. 
(389)

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.
390

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 
391

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. 
392

(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. 
(393)

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; 
394

(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 
395

(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.
396

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. 
(397)

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. 
398

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. 
(399)

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 Sec-
400

retary 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. 
401

(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. 

(403)

EXECUTIVE ORDER 13276

DELEGATION OF RESPONSIBILITIES CONCERNING UNDOCU- MENTED 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 
404

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. 
405

(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. 

(407)

EXECUTIVE ORDER 13284

AMENDMENT OF EXECUTIVE ORDERS, AND OTHER ACTIONS, IN CONNECTION WITH THE ESTABLISHMENT OF THE DE- PARTMENT 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 Coun-
408

cil’’), 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: 
409

(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: 
410

(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. 
(411)

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 
412

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.
413

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 sys-
414

tems 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 fulltime 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 infra-
415

structures 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. 
416

(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.
417

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; 
418

(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.
419

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.
420

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; 
421

(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 
422

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 Secu-
423

rity. 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.
424

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: 
425

(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 
426

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, 

(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.’’.
427

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 
428

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; 
429

(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.
430

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. 
(431)

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 
432

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. 
(433)

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. 

(435)

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. 
436

(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 proce-
437

dural, 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. 

(439)

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; 
440

(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; 
441

(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. 

(443)

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 per-
444

taining 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 pre-
445

sents 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: 
446

(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, 
447

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. 

(449)

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 
450

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 
451

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 
452

‘‘(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 in-
453

dividual 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 
454

(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. 
455

(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. 

(457)

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. 

(459)

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 
460

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 
461

(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. 
462

(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. 
(463)

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; 
464

(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. 
465

(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. 

(467)

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. 
468

(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. 
(469)

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 wellbeing (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 
470

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 
471

(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. 

(473)

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 
474

(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 guide-
475

lines 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. 

(477)

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. 
478

(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 parttime 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-
479

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 decisionmaking 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. 

(481)

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; 
482

(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. 
(483)

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 
484

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.
485

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: 
486

(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 re-
487

port 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, 
488

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. 
(489)

EXECUTIVE ORDER 13475

FURTHER AMENDMENTS TO EXECUTIVE ORDERS 12139 AND

12949 IN LIGHT OF THE FOREIGN INTELLIGENCE SURVEIL- LANCE 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 eq-
490

uity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any 

other person. 
(491)

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. 
492

(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 CoChairs, 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 
493

(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. 

(495)

Executive Orders Issued by 

President Barack Obama 

(2009- ) 

EXECUTIVE ORDERS 13519-

(497)

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; 
498

(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 
499

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. 

(501)

EXECUTIVE ORDER 13526

CLASSIFIED NATIONAL SECURITY INFORMATION

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

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 ter-
502

rorism, 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. 
503

(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; 
504

(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; 
505

(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 con-
506

stitutes 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 
507

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. 
508

(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: 
509

(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 
510

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 deter-
511

mined 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 
512

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. 
513

(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. 
514

(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. 
515

(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 
516

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 clas-
517

sified 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 
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(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; 
519

(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 
520

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 
521

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. 
522

(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, 
523

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; 
524

(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 fol-
525

low 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 
526

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; 
527

(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. 
528

(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; 
529

(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. 
530

(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. 
531

(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. 
532

(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. 
(533)

EXECUTIVE ORDER 13527

ESTABLISHING FEDERAL CAPABILITY FOR THE TIMELY PRO- VISION OF MEDICAL COUNTERMEASURES FOLLOWING A BI- OLOGICAL 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 
534

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. 
(535)

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 CoChairs 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; 
536

(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.