For Immediate Release
Office of the Press Secretary
July 29, 2003
Executive Order: HSIS
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.
GEORGE W. BUSH
THE WHITE HOUSE,
July 29, 2003.
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