[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Presidential Documents]
[Pages 79379-79381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27353]


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  Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 79379]]

                Executive Order 13961 of December 7, 2020

                
Governance and Integration of Federal Mission 
                Resilience

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the National Security Act of 1947, 
                as amended, I hereby order the following:

                Section 1. Policy. It is the policy of the United 
                States to maintain comprehensive and effective 
                continuity programs that ensure national security and 
                the preservation of government structure under the 
                United States Constitution and in alignment with 
                Presidential Policy Directive-40 (PPD-40) of July 15, 
                2016 (National Continuity Policy). Executive 
                departments and agencies (agencies), including the 
                Executive Office of the President, must maintain the 
                capability and capacity to continuously perform 
                National Essential Functions (NEFs), as defined by PPD-
                40, regardless of threat or condition, and with the 
                understanding that adequate warning may not be 
                available. Agency heads must fully integrate 
                preparedness programs, including continuity and risk 
                management, into day-to-day operations to ensure the 
                preservation of the NEFs under all conditions.

                Sec. 2. Federal Mission Resilience Strategy. To achieve 
                this policy, in conjunction with this order, I am 
                signing the Federal Mission Resilience Strategy 
                (Strategy), which should be implemented to increase the 
                resilience of the executive branch. Implementing the 
                Strategy will reduce the current reliance on reactive 
                relocation of personnel and enhance a proactive posture 
                that minimizes disruption, distributes risk to the 
                performance of NEFs, and maximizes the cost-
                effectiveness of actions that ensure continuity of 
                operations, continuity of government, and enduring 
                constitutional government.

                Sec. 3. Executive Committee. (a) The Federal Mission 
                Resilience Executive Committee (Executive Committee) is 
                hereby established.

                    (b) The Executive Committee shall be composed of 
                the Secretary of Defense, the Secretary of Homeland 
                Security, the Director of National Intelligence, the 
                Assistant to the President for National Security 
                Affairs (APNSA), the Assistant to the President and 
                Deputy Chief of Staff for Operations, and the Director 
                of the Office of Management and Budget. When issues 
                concerning science and technology, including 
                communications technology, are on the agenda, the 
                Executive Committee also shall include the Director of 
                the Office of Science and Technology Policy (OSTP). The 
                heads of other agencies, and other senior officials, 
                shall be invited to attend meetings as appropriate.
                    (c) The APNSA, in coordination with the other 
                members of the Executive Committee, shall be 
                responsible for convening the committee, as 
                appropriate, to coordinate the review, integration, and 
                execution of the Strategy and other continuity policy 
                across the executive branch.
                    (d) The Executive Committee shall:

(i) coordinate the development of an implementation plan (Plan) for the 
Strategy and other continuity policy, as described in section 4(b) of this 
order, and shall facilitate execution of the Plan and other continuity 
policy, as appropriate;

(ii) advise the President, through the Assistant to the President and Chief 
of Staff (Chief of Staff), on the review, integration, and execution of the 
Strategy and other continuity policy, including the recommendations 
outlined in section 4(c) of this order;

[[Page 79380]]

(iii) establish, with consensus of its members and as appropriate, 
subordinate coordinating bodies; and

(iv) coordinate the development of an interagency framework under which 
agencies will assess and address risk to Federal Mission Resilience and 
NEFs across the executive branch.

                Sec. 4. Implementation. (a) Within 90 days of the date 
                of this order, the Executive Committee shall submit a 
                Federal Mission Resilience Executive Committee Charter 
                to the President, through the Chief of Staff, that 
                identifies any subordinate bodies, working groups, and 
                reporting mechanisms that support the role of the 
                Executive Committee.

                    (b) Within 90 days of the date of this order, the 
                Executive Committee shall submit a Federal Mission 
                Resilience Implementation Plan to the President, 
                through the Chief of Staff, that sets forth how the 
                executive branch will implement the Strategy. The Plan 
                shall describe in detail the near-, mid-, and long-term 
                actions necessary to ensure the uninterrupted 
                performance of NEFs.
                    (c) Within 120 days of the date of this order, the 
                Executive Committee shall coordinate the review of 
                existing continuity policy and other related national 
                policies, and shall provide recommendations to the 
                President, through the Chief of Staff, on any actions 
                necessary to align these policies with the 
                implementation of the Strategy.

                Sec. 5. Amendment to PPD-40. To designate a new 
                National Continuity Coordinator (NCC), in section 6 of 
                PPD-40, the second sentence is hereby revised to read 
                as follows: ``To advise and assist the President in 
                that function, the Assistant to the President for 
                National Security Affairs, or his or her designee, is 
                designated as the NCC.''

                Sec. 6. Amendments to Executive Order 13618. (a) 
                Section 2.3 of Executive Order 13618 of July 6, 2012 
                (Assignment of National Security and Emergency 
                Preparedness Communications Functions), is hereby 
                revised to read as follows:

''The Director of OSTP is delegated the authority to exercise the 
authorities vested in the President by section 706(a), and (c) through (e) 
of the Communications Act of 1934, as amended (47 U.S.C. 606(a), and (c) 
through (e)), if the President takes the actions, including issuing any 
necessary proclamations and findings, required by that section to invoke 
those authorities. This delegation shall apply to any provisions of any 
future public law that are the same or substantially the same as the 
provisions referenced in this section.''

                    (b) Section 3 of Executive Order 13618 is hereby 
                revoked. The responsibilities of the national security 
                and emergency preparedness Executive Committee set 
                forth in section 3.3 of Executive Order 13618 shall be 
                transferred to and exercised by the Executive Committee 
                established in section 3 of this order.

                Sec. 7. Program Support. The national security and 
                emergency preparedness Executive Committee Joint 
                Program Office established by section 4 of Executive 
                Order 13618 shall support the Executive Committee 
                established in section 3 of this order, the execution 
                of activities described in section 4 of this order, and 
                those activities taken by the Director of OSTP pursuant 
                to section 6 of this order.

                Sec. 8. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 79381]]

                    (c) 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,

                    December 7, 2020.

[FR Doc. 2020-27353
Filed 12-9-20; 8:45 am]
Billing code 3295-F1-P