[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Presidential Documents]
[Pages 40779-40783]
From the Federal Register Online via the Government Printing 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