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EO 13286Executive OrderG.W. Bush · R Quiet signal

Executive Order 13286

Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security

This executive order makes extensive technical amendments to 80 prior executive orders to reflect the creation of the Department of Homeland Security and transfer functions from agencies like the Attorney General's office, Department of Transportation, Federal Emergency Management Agency, and others to the new Secretary of Homeland Security. It also fully rewrites Executive Order 13231 on critical infrastructure protection, establishing the National Infrastructure Advisory Council under DHS and clarifying cybersecurity responsibilities across government.

Federal Register Open PDF 68 FR 10619

Impact dates

  1. NIAC terminates unless extended by President

  2. EO 13260 revocation takes effect

  3. Contracting authority restrictions for anti-terrorism technologies begin under EO 10789 Part III

Key directives

  • Replace 'Attorney General' with 'Secretary of Homeland Security' in immigration and interdiction authorities
  • Replace 'Secretary of Transportation' with 'Secretary of Homeland Security' in military reserve activation and medal authorities
  • Replace 'Federal Emergency Management Agency' with 'Department of Homeland Security' across emergency preparedness orders
  • Revoke EO 13260 effective March 31, 2003
  • Establish NIAC reporting through Secretary of Homeland Security with 30-member private sector composition
  • Terminate NIAC October 15, 2003 unless extended by President
  • Restrict contracting authority under EO 10789 for anti-terrorism technologies after March 1, 2003
  • Clarify Secretary of Defense retains chain of command authority under 10 U.S.C. 162(b) and 113(b)

Who is ordered

Timeline

Immediate

  • Transfer of authorities from FEMA, Transportation, Justice to DHS effective
  • Revocation of EO 13260 effective March 31, 2003
  • NIAC termination set for October 15, 2003 unless extended

Near term (90d)

  • DHS assumes administrative support for NIAC
  • Implementation of contracting restrictions under EO 10789 Part III after March 1, 2003

Long term

  • Structural reorganization of federal emergency preparedness under DHS
  • Ongoing critical infrastructure protection partnerships
  • Permanent shift of immigration enforcement framework to DHS

Risks & tensions

  • Potential jurisdictional confusion during transition of authorities from multiple legacy agencies
  • Unclear whether 'after March 1, 2003' in EO 10789 means immediately or allows grace period
  • NIAC's short lifespan (7.5 months) may limit effectiveness of private sector advisory structure
  • Tension between DHS coordination role and Defense/Intelligence community control of national security systems preserved in text
  • Massive scope of amendments creates implementation risk for operational continuity
Executive Order 13286: Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security · Executive Orders