On Friday Barack Obama
issued an Executive Order putting in place
re-establishing a national security measure and emergency preparedness
telecommunications functions. This EO will cover a broad spectrum of
emergencies. This order piggybacks on previous EO’s of this nature, including
Executive Order 12472 which established The National Communications System
(NCS).
“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,” the order reads, which calls for
“survivable, resilient, enduring and effective communications” during
emergencies.
In this order Barack Obama establishes the
Executive Committee on National Security and Emergency Preparedness
Communications, or NS/EP communications, to be staffed with high-ranking
officials from eight agencies and departments. Interestingly enough the order
comes a week after a severe storm brought widespread power outages in and around
the D.C. area.
These officials to the committee will come from
the:
§ Defense Department
§ State Department
§ Justice Department
§ Commerce Department
§ Homeland Security Department
§ Office of the Director of National Intelligence
(ODNI)
§ General Services Administration
§ Federal Communications Commission
The committee will be chaired by the secretaries
of Defense and Homeland Security. A yearly report on NS/EP will be presented to
the President by the director of the Office of Science and Technology Policy.
The Department of Defense will develop
capabilities to support national security interests and the Department of
Homeland Security will develop policies to support continuity of government
operations.
The NCS, which was created back in the 1960′s
following the Cuban missile crisis gave birth to the Government Emergency
Telecommunications Service (GETS), that allows government agencies to access
both land line and wireless communications services in the even of power
outages or disruptions in service. (Freedom Outpost)
EXECUTIVE ORDER
ASSIGNMENT OF NATIONAL SECURITY AND
EMERGENCY PREPAREDNESS COMMUNICATIONS FUNCTIONS
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
Sources: The Whitehouse, Freedom Outpost and http://beforeitsnews.com Sat Jul 07 2012
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