[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Presidential Documents]
[Pages 40779-40783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17022]
Presidential Documents
Federal Register / Vol. 77 , No. 133 / Wednesday, July 11, 2012 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 40779]]
Executive Order 13618 of July 6, 2012
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.
[[Page 40780]]
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
[[Page 40781]]
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
[[Page 40782]]
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;
[[Page 40783]]
(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.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, July 6, 2012.
[FR Doc. 2012-17022
Filed 7-10-12; 8:45 am]
Billing code 3295-F2-P