[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Presidential Documents]
[Pages 51812-51817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25677]
Presidential Documents
Federal Register / Vol. 66, No. 196 / Wednesday, October 10, 2001 /
Presidential Documents
[[Page 51812]]
Executive Order 13228 of October 8, 2001
Establishing the Office of Homeland Security and
the Homeland Security Council
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.
(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
[[Page 51813]]
(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 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:
[[Page 51814]]
(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;
(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. The Assistant to the
President for Homeland Security shall be the individual
primarily responsible for coordinating the domestic
response efforts of all departments and agencies in the
event of an imminent terrorist threat and during and in
the immediate aftermath of a terrorist attack within
the United States and shall be the principal point of
contact for and to the President with respect to
coordination of such efforts. The Assistant to the
President for Homeland 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.
[[Page 51815]]
(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.
(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,
[[Page 51816]]
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 Counsel 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. 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. 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
[[Page 51817]]
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.''
(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.''
(Presidential Sig.)B
THE WHITE HOUSE,
October 8, 2001.
[FR Doc. 01-25677
Filed 10-9-01; 12:12 pm]
Billing code 3195-01-P