Executive Order -- Assignment of National Security and Emergency Preparedness Communications Functions
EXECUTIVE ORDER
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ASSIGNMENT OF NATIONAL SECURITY AND
EMERGENCY PREPAREDNESS COMMUNICATIONS FUNCTIONS
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.
Policy. The Federal Government must
have the ability to communicate at all times and under all circumstances
to carry out its most critical and time sensitive missions. Survivable,
resilient, enduring, and effective communications, both domestic and
international, are essential to enable the
executive
branch to communicate within itself and with: the legislative and
judicial branches; State, local, territorial, and tribal governments;
private sector entities; and the public, allies, and other nations. Such
communications must be possible under all circumstances to ensure
national security, effectively manage emergencies, and improve
national
resilience. The views of all levels of government, the private and
nonprofit sectors, and the public must inform the development of
national security and emergency preparedness (NS/EP) communications policies, programs, and capabilities.
Sec.
2.
Executive Office Responsibilities.
Sec.
2.1. Policy coordination, guidance, dispute
resolution, and periodic in-progress reviews for the functions described
and assigned herein shall be provided through the interagency process
established in Presidential Policy Directive-1 of February 13, 2009
(Organization of the
National Security Council System) (PPD-1).
Sec.
2.2. The Director of the Office of Science and
Technology Policy (OSTP) shall: (a) issue an annual memorandum to the
NS/EP Communications
Executive Committee (established in section 3 of this
order) highlighting
national priorities for
Executive Committee analyses, studies, research, and development regarding NS/EP communications;
(b) advise the President on the prioritization of radio spectrum and wired communications that support NS/EP functions; and
(c) have access to all appropriate information related to the test,
exercise, evaluation, and readiness of the capabilities of all existing
and planned NS/EP communications systems, networks, and facilities to
meet all
executive branch NS/EP requirements.
Sec.
2.3. The Assistant to the President for Homeland
Security
and Counterterrorism and the Director of OSTP shall make
recommendations to the President, informed by the interagency policy
process established in PPD-1, with respect to the exercise of
authorities assigned to the President under section 706 of the
Communications Act of 1934, as amended (47 U.S.C. 606). The Assistant to
the President for Homeland
Security
and Counterterrorism and the Director of OSTP shall also jointly
monitor the exercise of these authorities, in the event of any
delegation, through the process established in PPD-1 or as the President
otherwise may direct.
Sec.
3. The NS/EP Communications
Executive Committee.
Sec.
3.1. There is established an NS/EP Communications
Executive Committee (
Executive Committee) to serve as a forum to address NS/EP communications matters.
Sec.
3.2. The
Executive
Committee shall be composed of Assistant Secretary-level or equivalent
representatives designated by the heads of the Departments of State,
Defense, Justice, Commerce, and Homeland
Security, the Office of the Director of
National
Intelligence (DNI), the General Services Administration, and the
Federal Communications Commission, as well as such additional agencies
as the
Executive Committee may designate. The designees of the Secretary of Homeland
Security and the Secretary of Defense shall serve as Co-Chairs of the
Executive Committee.
Sec.
3.3. The responsibilities of the
Executive
Committee shall be to: (a) advise and make policy recommendations to
the President, through the PPD-1 process, on enhancing the
survivability, resilience, and future architecture of NS/EP
communications, including what should constitute NS/EP communications
requirements;
(b) develop a long-term strategic vision for NS/EP communications and
propose funding requirements and plans to the President and the Director
of the Office of Management and Budget (OMB), through the PPD-1
process, for NS/EP communications initiatives that benefit multiple
agencies or other Federal entities;
(c) coordinate the planning for, and provision of, NS/EP communications for the Federal Government under all hazards;
(d) promote the incorporation of the optimal combination of hardness,
redundancy, mobility, connectivity, interoperability, restorability, and
security to obtain, to the maximum extent practicable, the survivability of NS/EP communications under all circumstances;
(e) recommend to the President, through the PPD-1 process, the regimes
to test, exercise, and evaluate the capabilities of existing and planned
communications systems, networks, or facilities to meet all
executive branch NS/EP communications requirements, including any recommended remedial actions;
(f) provide quarterly updates to the Assistant to the President for Homeland
Security and Counterterrorism and the Director of OSTP, through the Co-Chairs, on the status of
Executive Committee activities and develop an annual NS/EP communications strategic agenda utilizing the PPD-1 process;
(g) enable industry input with respect to the responsibilities established in this section; and
(h) develop, approve, and maintain a charter for the
Executive Committee.
Sec.
4.
Executive Committee Joint Program Office.
Sec.
4.1. The Secretary of Homeland
Security shall establish an
Executive Committee Joint Program Office (JPO) to provide full-time, expert, and administrative support for the
Executive Committee's performance of its responsibilities under section 3.3 of this
order. Staff of the JPO shall include detailees, as needed and appropriate, from agencies represented on the
Executive Committee. The Department of Homeland
Security shall provide resources to support the JPO. The JPO shall be responsive to the guidance of the
Executive Committee.
Sec.
4.2. The responsibilities of the JPO shall include:
coordination of programs that support NS/EP missions, priorities, goals,
and policy; and, when directed by the
Executive
Committee, the convening of governmental and nongovernmental groups
(consistent with the Federal Advisory Committees Act, as amended (5
U.S.C. App.)), coordination of activities, and development of policies
for senior official review and approval.
Sec.
5. Specific Department and Agency Responsibilities.
Sec.
5.1. The Secretary of Defense shall: (a) oversee the
development, testing, implementation, and sustainment of NS/EP
communications that are directly responsive to the
national security needs of the President, Vice President, and senior
national
leadership, including: communications with or among the President, Vice
President, White House staff, heads of state and government, and
Nuclear Command and Control leadership; Continuity of Government
communications; and communications among the
executive, judicial, and legislative branches to support Enduring Constitutional Government;
(b) incorporate, integrate, and ensure interoperability and the optimal
combination of hardness, redundancy, mobility, connectivity,
interoperability, restorability, and
security to obtain, to the maximum extent practicable, the survivability of NS/EP communications defined in section 5.1(a) of this
order under all circumstances, including conditions of crisis or emergency;
(c) provide to the
Executive Committee the technical support necessary to develop and maintain plans adequate to provide for the
security and protection of NS/EP communications; and
(d) provide, operate, and maintain communication services and facilities adequate to execute responsibilities consistent with
Executive Order 12333 of December 4, 1981, as amended.
Sec.
5.2. The Secretary of Homeland
Security
shall: (a) oversee the development, testing, implementation, and
sustainment of NS/EP communications, including: communications that
support Continuity of Government; Federal, State, local, territorial,
and tribal emergency preparedness and response communications;
non-military
executive
branch communications systems; critical infrastructure protection
networks; and non-military communications networks, particularly with
respect to prioritization and restoration;
(b) incorporate, integrate, and ensure interoperability and the
necessary combination of hardness, redundancy, mobility, connectivity,
interoperability, restorability, and
security to obtain, to the maximum extent practicable, the survivability of NS/EP communications defined in section 5.2(a) of this
order under all circumstances, including conditions of crisis or emergency;
(c) provide to the
Executive Committee the technical support necessary to develop and maintain plans adequate to provide for the
security and protection of NS/EP communications;
(d) receive, integrate, and disseminate NS/EP communications
information to the Federal Government and State, local, territorial, and
tribal governments, as appropriate, to establish situational awareness,
priority setting recommendations, and a common operating picture for
NS/EP communications information;
(e) satisfy priority communications requirements through the use of
commercial, Government, and privately owned communications resources,
when appropriate;
(f) maintain a joint industry-Government center that is capable of
assisting in the initiation, coordination, restoration, and
reconstitution of NS/EP communications services or facilities under all
conditions of emerging threats, crisis, or emergency;
(g) serve as the Federal lead for the prioritized restoration of
communications infrastructure and coordinate the prioritization and
restoration of communications, including resolution of any conflicts in
or among priorities, in coordination with the Secretary of Defense when
activities referenced in section 5.1(a) of this
order are impacted, consistent with the
National Response Framework. If conflicts in or among priorities cannot be resolved between the Departments of Defense and Homeland
Security, they shall be referred for resolution in accordance with section 2.1 of this
order; and
(h) within 60 days of the date of this
order, in consultation with the
Executive Committee where appropriate, develop and submit to the President, through the Assistant to the President for Homeland
Security and Counterterrorism, a detailed plan that describes the Department of Homeland
Security's organization
and management structure for its NS/EP communications functions,
including the Government Emergency Telecommunications Service, Wireless
Priority Service, Telecommunications Service Priority program, Next
Generation Network Priority program, the
Executive Committee JPO, and relevant supporting entities.
Sec.
5.3. The Secretary of Commerce shall: (a) provide advice and guidance to the
Executive Committee on the use of technical standards and metrics to support execution of NS/EP communications;
(b) identify for the
Executive Committee requirements for additional technical standards and metrics to enhance NS/EP communications;
(c) engage with relevant standards development organizations to develop
appropriate technical standards and metrics to enhance NS/EP
communications;
(d) develop plans and procedures concerning radio spectrum allocations, assignments, and priorities for use by agencies and
executive offices;
(e) develop, maintain, and publish policies, plans, and procedures for
the management and use of radio frequency assignments, including the
authority to amend, modify, or revoke such assignments, in those parts
of the electromagnetic spectrum assigned to the Federal Government; and
(f) administer a system of radio spectrum priorities for those
spectrum-dependent telecommunications resources belonging to and
operated by the Federal Government and certify or approve such radio
spectrum priorities, including the resolution of conflicts in or among
such radio spectrum priorities during a crisis or emergency.
Sec.
5.4. The Administrator of General Services shall
provide and maintain a common Federal acquisition approach that allows
for the efficient centralized purchasing of equipment and services that
meet NS/EP communications requirements. Nothing in this section shall be
construed to impair or otherwise affect the procurement authorities
granted by law to an agency or the head thereof.
Sec.
5.5. With respect to the Intelligence Community, the
DNI, after consultation with the heads of affected agencies, may issue
such policy directives and guidance as the DNI deems necessary to
implement this
order.
Procedures or other guidance issued by the heads of elements of the
Intelligence Community shall be in accordance with such policy
directives or guidelines issued by the DNI.
Sec.
5.6.
The Federal Communications Commission performs such functions as are
required by law, including: (a) with respect to all entities licensed or
regulated by the Federal Communications Commission: the extension,
discontinuance, or reduction of common carrier facilities or services;
the control of common carrier rates, charges, practices, and
classifications; the construction, authorization, activation,
deactivation, or closing of radio stations, services, and facilities;
the assignment of radio frequencies to Federal Communications Commission
licensees; the investigation of violations of pertinent law; and the
assessment of communications service provider emergency needs and
resources; and
(b) supporting the continuous operation and restoration of critical
communications systems and services by assisting the Secretary of
Homeland
Security with infrastructure damage assessment and restoration, and by providing the Secretary of Homeland
Security
with information collected by the Federal Communications Commission on
communications infrastructure, service outages, and restoration, as
appropriate.
Sec.
6.
General Agency Responsibilities. All agencies, to the extent consistent
with law, shall: (a) determine the scope of their NS/EP communications
requirements, and provide information regarding such requirements to the
Executive Committee;
(b) prepare policies, plans, and procedures concerning communications
facilities, services, or equipment under their management or operational
control to maximize their capability to respond to the NS/EP needs of
the Federal Government;
(c) propose initiatives, where possible, that may benefit multiple agencies or other Federal entities;
(d) administer programs that support broad NS/EP communications goals and policies;
(e) submit reports annually, or as otherwise requested, to the
Executive Committee, regarding agency NS/EP communications activities;
(f) devise internal acquisition strategies in support of the
centralized acquisition approach provided by the General Services
Administration pursuant to section 5.4 of this
order; and
(g) provide the Secretary of Homeland
Security with timely reporting on NS/EP communications status to inform the common operating picture required under
6 U.S.C. 321(d).
Sec.
7. General Provisions. (a) For the purposes of this
order, the word "agency" shall have the meaning set forth in section
6.1(b) of
Executive Order 13526 of December 29, 2009.
(b)
Executive Order 12472 of April 3, 1984, as amended, is hereby revoked.
(c)
Executive Order
12382 of September 13, 1982, as amended, is further amended by striking
the following language from section 2(e): "in his capacity as
Executive Agent for the
National Communications System".
(d) Nothing in this
order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the OMB relating to budgetary, administrative, or legislative proposals.
(e) This
order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(f) This
order is not
intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
BARACK OBAMA
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