Since people were having trouble locating this from the WhiteHouse.gov website because it had been listed as 404 (probably deleted due to so many people clicking and reading) and because the White House and Barack Obama are no longer as transparent as promised in campaign speeches, I have copied and pasted from the original website, complete with URL at the end, so everyone can read what is going on.
J M Cornwell
For Immediate Release
July 06, 2012
Executive Order -- Assignment of National Security and Emergency Preparedness Communications Functions
EXECUTIVE ORDER
- - - - - - -
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
http://www.whitehouse.gov/the-press-office/2012/07/06/executive-order-assignment-national-security-and-emergency-preparedness-