Homeland Security Information Sharing
Signed July 29, 2003·George W. Bush·68 FR 45149
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Assigns to the Secretary of Homeland Security most of the President's functions under sections 892 and 893 of the Homeland Security Act of 2002, covering the sharing of homeland security information with federal, state, and local officials. Delegates one specific function, under section 892(b)(7), jointly to the Attorney General and the Director of Central Intelligence. Requires the Secretary's procedures for sharing classified information to apply government-wide, while allowing the President or an authorized officer to make exceptions. Directs the Secretary to coordinate with the Secretaries of State, Defense, and Energy, the Attorney General, the Director of the Office of Management and Budget, the Director of Central Intelligence, and the Archivist of the United States. States that decisions on whether state and local personnel may access certain classified information are discretionary and not subject to appeal. Clarifies that the order does not affect existing intelligence-protection authority, budget functions, or prior executive orders on classified information, and creates no enforceable legal rights.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
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
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amended by: EO 13388, October 25, 2005 See: EO 12958, April 17, 1995; EO 12968, August 2, 1995; EO 13356, August 27, 2004
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13311 of July 29, 2003
Homeland Security Information Sharing
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 Central 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 Central
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 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 Central
Intelligence under section 103(c)(7) 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.
(Presidential Sig.)B
THE WHITE HOUSE,
July 29, 2003.Reproduced from the Federal Register plain-text record, signed July 29, 2003. Typesetting artifacts are removed; no wording is changed.