Page:Title 3 CFR 2005 Compilation.djvu/181

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EO 13381 Title 3--The President the heads of agencies to ensure appropriate uniformity, centralization, effi- ciency, effectiveness, and timeliness in making such determinations relat- ing to those programs; (e) may, with regard to determining eligibility for access to special access programs (SAP) as defined in Executive Order 12958 other than Intel- ligence SAPs, issue guidelines and instructions with the concurrence of the agency head with responsibility for the SAP to ensure appropriate uni- formity, centralization, efficiency, effectiveness, and timeliness in making such determinations relating to those programs; (f) may report periodically to the President on implementation by agen- cies of the policy set forth in section l; and (g) shall submit reports to the Congress relating to the subject matter of this order to the extent required by law. Sec. 3. Functions of the Heads of Agencies. (a) Heads of agencies shall: (i) carry out any process assigned to the agency head by the Director under subsection 2(a) of this order, and shall assist the Director in carrying out any process under subsection 2(b); (ii) implement guidelines and instructions issued by the Director under subsections 2(c), 2(d), and 2(e) of this order; (iii) to the extent permitted by law, make available to the Director such information as the Director may request to implement this order; (iv) ensure that all actions taken under this order take appropriate ac- count of the counterintelligence interests of the United States; and (v) ensure that all actions taken under this order are consistent with the DNI's responsibility to protect intelligence sources and methods. (b) The Director and other heads of agencies shall ensure that all actions taken under this order are consistent with the President's constitutional au- thority to (i) conduct the foreign affairs of the United States, (ii) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the per- formance of the Executive's constitutional duties, (iii) recommend for con- gressional consideration such measures as the President may iudge nec- essary or expedient, and (iv) supervise the unitary executive branch. Sec. 4. Definitions. As used in this order: (a) the term "agencies" means: (i) any "executive department" as defined in section \1770\177 of title 5, United States Code, as well as the Department of Homeland Security; (ii) any "military department" as defined in section \17702 of title 5, United States Code; (iii) any "government corporation" as de- fined in section \17703 of title 5, United States Code; and (iv) any "inde- pendent establishment" as defined in section 104 of title 5, United States Code, but excluding the Government Accountability Office and including the United States Postal Service and the Postal Rate Commission. (b) the term "classified national security information" means information that is classified pursuant to Executive Order \1772958; (c) the term "counterintelligence" has the meaning specified for that term in section 3 of the National Security Act of \177947 (50 U.S.C. 40\177a); and (d) the term "process" means: (i) oversight of determinations of eligi- bility for access to classified national security information, including for