Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Security

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

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 Council”), 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:

    (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:

    (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.

    (Presidential Sig.)B

THE WHITE HOUSE,

    January 23, 2003.