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Presidential Documents

Federal Register
Vol. 77, No. 133
Wednesday, July 11, 2012

Title 3—

Executive Order 13618 of July 6, 2012

The President

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).

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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.

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Sec. 3.2. The Executive Committee shall be composed of Assistant Secretarylevel 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 CoChairs, 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.

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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

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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;

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(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

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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 spectrumdependent 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.

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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;

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(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.

THE WHITE HOUSE,
Washington, July 6, 2012.

[FR Doc. 2012–17022
Filed 7–10–12; 8:45 am]
Billing code 3295–F2–P

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(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.