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Executive Order 12472 - Assignment of National
Security and Emergency Preparedness Telecommunications Functions
April 3, 1984 (amended by E.O.
13286 of February 28, 2003 and changes made by E.O. 13407 June 26,
2006)
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the Communications
Act of 1934, as amended (47 U.S.C. 151), the National Security Act of
1947, as amended, the Defense Production Act of 1950, as amended (50
U.S.C. App. 2061), the Federal Civil Defense Act of 1950, as amended
(50 U.S.C. App. 2251), the Disaster Relief Act of 1974 (42 U.S.C. 5121),
Section 5 of Reorganization Plan No. 1 of 1977 (3 C.F.R. 197, 1978 Comp.),
and Section 203 of Reorganization Plan No. 3 of 1978 (3 C.F.R. 389,
1978 Comp.), and in order to provide for the consolidation of assignment
and responsibility for improved execution of national security and emergency
preparedness telecommunications functions, it is hereby ordered as follows
Section 1. The National Communications System.
(a) There is hereby established the National Communications
System (NCS). The NCS shall consist of the telecommunications assets
of the entities represented on the NCS Committee of Principals and an
administrative structure consisting of the Executive Agent, the NCS
Committee of Principals and the Manager. The NCS Committee of Principals
shall consist of representatives from those Federal departments, agencies
or entities, designated by the President, which lease or own telecommunications
facilities or services of significance to national security or emergency
preparedness, and, to the extent permitted by law, other Executive entities
which bear policy, regulatory or enforcement responsibilities of importance
to national security or emergency preparedness telecommunications capabilities.
(b) The mission of the NCS shall be to assist the
President, the National Security Council, the Homeland Security Council,
the Director of the Office of Science and Technology Policy and the
Director of the Office of Management and Budget in:
- the exercise of the telecommunications functions and
responsibilities set forth in Section 2 of this Order; and
- the coordination of the planning for and provision
of national security and emergency preparedness communications for
the Federal government under all circumstances, including crisis or
emergency, attack, recovery and reconstitution
(c) The NCS shall seek to ensure that a national telecommunications
infrastructure is developed which:
- Is responsive to the national security and emergency
preparedness needs of the President and the Federal departments, agencies
and other entities, including telecommunications in support of national
security leadership and continuity of government;
- Is capable of satisfying priority telecommunications
requirements under all circumstances through use of commercial, government
and privately owned telecommunications resources;
- Incorporates the necessary combination of hardness,
redundancy, mobility, connectivity, interoperability, restorability
and security to obtain, to the maximum extent practicable, the survivability
of national security and emergency preparedness telecommunications
in all circumstances, including conditions of crisis or emergency;
and
- Is consistent, to the maximum extent practicable, with
other national telecommunications policies.
(d) To assist in accomplishing its mission, the NCS shall:
- serve as a focal point for joint industry-government
national security and emergency preparedness telecommunications planning;
and
- establish a joint industry-government National Coordinating
Center which is capable of assisting in the initiation, coordination,
restoration and reconstitution of national security or emergency preparedness
telecommunications services or facilities under all conditions of
crisis or emergency.
(e) The Secretary of Homeland Security is designated as
the Executive Agent for the NCS. The Executive Agent shall:
- Designate the Manager of the NCS;
- Ensure that the NCS conducts unified planning and operations,
in order to coordinate the development and maintenance of an effective
and responsive capability for meeting the domestic and international
national security and emergency preparedness telecommunications needs
of the Federal government;
- Ensure that the activities of the NCS are conducted
in conjunction with the emergency management activities of the Department
of Homeland Security;
- Recommend, in consultation with the NCS Committee of
Principals, to the National Security Council, the Homeland Security
Council, the Director of the Office of Science and Technology Policy,
or the Director of the Office of Management and Budget, as appropriate:
a. The assignment of implementation or other responsibilities
to NCS member entities;
b. New initiatives to assist in the exercise of the functions
specified in Section 2; and
c. Changes in the composition or structure of the NCS;
- Oversee the activities of and provide personnel and
administrative support to the Manager of the NCS;
- Provide staff support and technical assistance to the
National Security Telecommunications Advisory Committee established
by Executive Order No. 12382, as amended; and
- Perform such other duties as are from time to time
assigned by the President or his authorized designee.
(f) The NCS Committee of Principals shall:
- Serve as the forum in which each member of the
Committee may review, evaluate, and present views, information and
recommendations concerning ongoing or prospective national security
or emergency preparedness telecommunications programs or activities
of the NCS and the entities represented on the Committee;
- Serve as the forum in which each member of the Committee
shall report on and explain ongoing or prospective telecommunications
plans and programs developed or designed to achieve national security
or emergency preparedness telecommunications objectives;
- Provide comments or recommendations, as appropriate,
to the National Security Council, the Homeland Security Council, the
Director of the Office of Science and Technology Policy, the Director
of the Office of Management and Budget, the Executive Agent, or the
Manager of the NCS, regarding ongoing or prospective activities of
the NCS; and
- Perform such other duties as are from time to time
assigned by the President or his authorized designee.
(g) The Manager of the NSC shall:
- Develop for consideration by the NCS Committee
of Principals and the Executive Agent:
a. A recommended evolutionary telecommunications
architecture designed to meet current and future Federal government
national security and emergency preparedness telecommunications
requirements;
b. Plans and procedures for the management, allocation and use,
including the establishment of priorities or preferences, of Federally
owned or leased telecommunications assets under all conditions
of crisis or emergency;
c. Plans, procedures and standards for minimizing or removing
technical impediments to the interoperability of government-owned
and/or commercially-provided telecommunications systems;
d. Test and exercise programs and procedures for the evaluation
of the capability of the Nation's telecommunications resources
to meet national security or emergency preparedness telecommunications
requirements; and
e. Alternative mechanisms for funding, through the budget review
process, national security or emergency preparedness telecommunications
initiatives which benefit multiple Federal departments, agencies,
or entities. Those mechanisms recommended by the NCS Committee
of Principals and the Executive Agent shall be submitted to the
Director of the Office of Management and Budget.
- Implement and administer any approved plans or programs
as assigned, including any system of priorities and preferences for
the provision of communications service, in consultation with the
NCS Committee of Principals and the Federal Communications Commission,
to the extent practicable or otherwise required by law or regulation;
- Chair the NCS Committee of Principals and provide
staff support and technical assistance thereto;
- Serve as a focal point for joint industry-government
planning, including the dissemination of technical information, concerning
the national security or emergency preparedness telecommunications
requirements of the Federal government;
- Conduct technical studies or analyses, and examine
research and development programs, for the purpose of identifying,
for consideration by the NCS Committee of Principals and the Executive
Agent, improved approaches which may assist Federal entities in fulfilling
national security or emergency preparedness telecommunications objectives;
- Pursuant to the Federal Standardization Program of
the General Services Administration, and in consultation with other
appropriate entities of the Federal government including the NCS Committee
of Principals, manage the Federal Telecommunications Standards Program,
ensuring wherever feasible that existing or evolving industry, national,
and international standards are used as the basis for Federal telecommunications
standards; and
- Provide such reports and perform such other duties
as are from time to time assigned by the President or his authorized
designee, the Executive Agent, or the NCS Committee of Principals.
Any such assignments of responsibility to, or reports made by, the
Manager shall be transmitted through the Executive Agent.
Sec. 2. Executive Office Responsibilities.
(a) Wartime Emergency Functions.
- The National Security Council shall provide policy
direction for the exercise of the war power functions of the President
under Section 606 of the Communications Act of 1934, as amended (47
U.S.C. 606), should the President issue implementing instructions
in accordance with the National Emergencies Act (50 U.S.C. 1601).
- The Director of the Office of Science and Technology
Policy shall direct the exercise of the war power functions of the
President under Section 606 (a), (c) - (e), of the Communications
Act of 1934, as amended (47 U.S.C. 606), should the President issue
implementing instructions in accordance with the National Emergencies
Act (50 U.S.C. 1601).
(b) Non-Wartime Emergency Functions.
- The National Security Council, in consultation with
the Homeland Security Council, shall:
a. Advise and assist the President in coordinating
the development of policy, plans, programs and standards within
the Federal government for the identification, allocation, and
use of the Nation's telecommunications resources by the Federal
government, and by State and local governments, private industry
and volunteer organizations upon request, to the extent practicable
and otherwise consistent with law, during those crises or emergencies
in which the exercise of the President's war power functions is
not required or permitted by law; and
b. Provide policy direction for the exercise of the President's
non-wartime emergency telecommunications functions, should the
President so instruct.
- The Director of the Office of Science and Technology
Policy shall provide information, advice, guidance and assistance,
as appropriate, to the President and to those Federal departments
and agencies with responsibilities for the provision, management,
or allocation of telecommunications resources, during those crises
or emergencies in which the exercise of the President's war power
functions is not required or permitted by law;
- The Director of the Office of Science and Technology
Policy shall establish a Joint Telecommunications Resources Board
(JTRB) to assist him in the exercise of the functions specified in
this subsection. The Director of the Office of Science and Technology
Policy shall serve as chairman of the JTRB; select those Federal departments,
agencies, or entities which shall be members of the JTRB; and specify
the functions it shall perform.
(c) Planning and Oversight Responsibilities.
- The National Security Council shall advise and assist
the President in:
a. Coordinating the development of policy, plans
programs and standards for the mobilization and use of the Nation's
commercial, government, and privately owned telecommunications
resources, in order to meet national security or emergency preparedness
requirements;
b. Providing policy oversight and direction of the activities
of the NCS; and
c. Providing policy oversight and guidance for the execution of
the responsibilities assigned to the Federal departments and agencies
by this Order.
- The Director of the Office of Science and Technology
Policy shall make recommendations to the President with respect to
the test, exercise and evaluation of the capability of existing and
planned communications systems, networks or facilities to meet national
security or emergency preparedness requirements and report the results
of any such tests or evaluations and any recommended remedial actions
to the President and to the National Security Council;
- The Director of the Office of Science and Technology
Policy or his designee shall advise and assist the President in the
administration of a system of radio spectrum priorities for those
spectrum dependent telecommunications resources of the Federal government
which support national security or emergency preparedness functions.
The Director also shall certify or approve priorities for radio spectrum
use by the Federal government, including the resolution of any conflicts
in or among priorities, under all conditions of crisis or emergency;
and
- The National Security Council, the Homeland Security
Council, the Director of the Office of Science and Technology Policy
and the Director of the Office of Management and Budget shall, in
consultation with the Executive Agent for the NCS and the NCS Committee
of Principals, determine what constitutes national security and emergency
preparedness telecommunications requirements.
(d) Consultation with Federal Departments and Agencies.
In performing the functions assigned under this Order, the National
Security Council, the Homeland Security Council, and the Director of
the Office of Science and Technology Policy, in consultation with each
other, shall:
- Consult, as appropriate, with the Director of the Office
of Management and Budget; the Secretary of Homeland Security with
respect to the emergency management responsibilities assigned pursuant
to Executive Order No. 12148, as amended; the Secretary of Commerce,
with respect to responsibilities assigned pursuant to Executive Order
No. 12046; the Secretary of Defense, with respect to communications
security responsibilities assigned pursuant to Executive Order No.
12333; and the Chairman of the Federal Communications Commission or
his authorized designee; and
- Establish arrangements for consultation among all interested
Federal departments, agencies or entities to ensure that the national
security and emergency preparedness communications needs of all Federal
government entities are identified; that mechanisms to address such
needs are incorporated into pertinent plans and procedures; and that
such needs are met in a manner consistent, to the maximum extent practicable,
with other national telecommunications policies.
(e) Budgetary Guidelines. The Director of the Office of
Management and Budget, in consultation with the National Security Council,
the Homeland Security Council, and the NCS, will prescribe general guidelines
and procedures for reviewing the financing of the NCS within the budgetary
process and for preparation of budget estimates by participating agencies.
These guidelines and procedures may provide for mechanisms for funding,
through the budget review process, national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal departments,
agencies, or entities.
Sec. 3. Assignment of Responsibilities To Other
Departments and Agencies. In order to support and enhance the capability
to satisfy the national security and emergency preparedness telecommunications
needs of the Federal government, State and local governments, private
industry and volunteer organizations, under all circumstances including
those of crisis or emergency, the Federal departments and agencies shall
perform the following functions:
(a) Department of Commerce. The Secretary of Commerce
shall, for all conditions of crisis or emergency:
- Develop plans and procedures concerning radio spectrum
assignments, priorities and allocations for use by Federal departments,
agencies and entities; and
- Develop, maintain and publish policy, plans, and procedures
for the control and allocation of frequency assignments, including
the authority to amend, modify or revoke such assignments, in those
parts of the electromagnetic spectrum assigned to the Federal government.
(b) Department of Homeland Security. The Secretary of
Homeland Security shall:
- Plan for and provide, operate and maintain telecommunications
services and facilities, as part of its National Emergency Management
System, adequate to support its assigned emergency management responsibilities;
- Advise and assist State and local governments and
volunteer organizations, upon request and to the extent consistent
with law, in developing plans and procedures for identifying and satisfying
their national security or emergency preparedness telecommunications
requirements;
- Ensure, to the maximum extent practicable, that national
security and emergency preparedness telecommunications planning by
State and local governments and volunteer organizations is mutually
supportive and consistent with the planning of the Federal government;
and
- Develop, upon request and to the extent consistent
with law and in consonance with regulations promulgated by and agreements
with the Federal Communications Commission, plans and capabilities
for, and provide policy and management oversight of, the *Emergency
Alert System, and advise and assist private radio licensees of the
Commission in developing emergency communications plans, procedures
and capabilities.
(* - Changed by Executive Order dated June 26, 2006 from Emergency
Broadcast System to Emergency Alert System. )
(c) Department of State. The Secretary of State, in accordance
with assigned responsibilities within the Diplomatic Telecommunications
System, shall plan for and provide, operate and maintain rapid, reliable
and secure telecommunications services to those Federal entities represented
at United States diplomatic missions and consular offices overseas.
This responsibility shall include the provisions and operation of domestic
telecommunications in support of assigned national security or emergency
preparedness responsibilities.
(d) Department of Defense. In addition to the other responsibilities
assigned by this Order, the Secretary of Defense shall:
- Plan for and provide, operate and maintain telecommunications
services and facilities adequate to support the National Command Authorities
and to execute the responsibilities assigned by Executive Order No.
12333; and
- Ensure that the Director of the National Security
Agency provides the technical support necessary to develop and maintain
plans adequate to provide for the security and protection of national
security and emergency preparedness telecommunications.
- Nothing in this order shall be construed to impair
or otherwise affect the authority of the Secretary of Defense with
respect to the Department of Defense, including the chain of command
for the armed forces of the United States under section 162(b) of
title 10, United States Code, and the authority of the Secretary of
Defense with respect to the Department of Defense under section 113(b)
of that title.
(e) Department of Justice. The Attorney General shall,
as necessary, review for legal sufficiency, including consistency with
the antitrust laws, all policies, plans or procedures developed pursuant
to responsibilities assigned by this Order.
(f) Central Intelligence Agency. The Director of Central
Intelligence shall plan for and provide, operate, and maintain telecommunications
services adequate to support its assigned responsibilities, including
the dissemination of intelligence within the Federal government.
(g) General Services Administration. Except as otherwise
assigned by this Order, the Administrator of General Services, consistent
with policy guidance provided by the Director of the Office of Management
and Budget, shall ensure that Federally owned or managed domestic communications
facilities and services meet the national security and emergency preparedness
requirements of the Federal civilian departments, agencies and entities.
(h) Federal Communications Commission. The Federal Communications
Commission shall, consistent with Section 4(c) of this Order:
- Review the policies, plans and procedures of all entities
licensed or regulated by the Commission that are developed to provide
national security or emergency preparedness communications services,
in order to ensure that such policies, plans and procedures are consistent
with the public interest, convenience and necessity;
- Perform such functions as required by law with respect
to all entities licensed or regulated by the Commission, including
(but not limited to) 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 Commission licensees;
the investigation of violations of pertinent law and regulation; and
the initiation of appropriate enforcement actions;
- Develop policy, plans and procedures adequate to execute
the responsibilities assigned in this Order under all conditions or
crisis or emergency; and
- Consult as appropriate with the Executive Agent for
the NCS and the NCS Committee of Principals to ensure continued coordination
of their respective national security and emergency preparedness activities.
(i) All Federal departments and agencies, to the extent
consistent with law (including those authorities and responsibilities
set forth in Section 4(c) of this Order), shall:
- Determine their national security and emergency preparedness
telecommunications requirements, and provide information regarding
such requirements to the Manager of the NCS;
- Prepare policies, plans and procedures concerning
telecommunications facilities, services or equipment under their management
or operational control to maximize their capability of responding
to the national security or emergency preparedness needs of the Federal
government;
- Provide, after consultation with the Director of the
Office of Management and Budget, resources to support their respective
requirements for national security and emergency preparedness telecommunications;
and provide personnel and staff support to the Manager of the NCS
as required by the President;
- Make information available to, and consult with, the
Manager of the NCS regarding agency telecommunications activities
in support of national security or emergency preparedness;
- Consult, consistent with the provisions of Executive
Order No. 12046, as amended, and in conjunction with the Manager of
the NCS, with the Federal Communications Commission regarding execution
of responsibilities assigned by this Order;
- Submit reports annually, or as otherwise requested,
to the Manager of the NCS, regarding agency national security or emergency
preparedness telecommunications activities; and
- Cooperate with and assist the Executive Agent for the
NCS, the NCS Committee of Principals, the Manager of the NCS, and
other departments and agencies in the execution of the functions set
forth in this Order, furnishing them such information, support and
assistance as may be required.
(j) Each Federal department or agency shall execute the
responsibilities assigned by this Order in conjunction with the emergency
management activities of the Department of Homeland Security, and in
regular consultation with the Executive Agent for the NCS and the NCS
Committee of Principals to ensure continued coordination of NCS and
individual agency telecommunications activities.
Sec. 4. General Provisions.
(a) All Executive departments and agencies may issue such
rules and regulations as may be necessary to carry out the functions
assigned under this Order.
(b) In order to reflect the assignments of responsibility
provided by this Order,
- Sections 2 - 414, 4 - 102, 4 - 103, 4 - 202, 4 - 302,
5 - 3, and 6 - 101 of Executive Order No. 12046, as amended, are revoked;
- The Presidential Memorandum of August 21, 1963, as
amended, entitled ``Establishment of the National Communications System'',
is hereby superseded; and
- Section 2 - 411 of Executive Order No. 12046, as amended,
is further amended by deleting the period and inserting “, except
as otherwise provided by Executive Order No. '' and inserting the
number assigned to this Order.
(c) Nothing in this Order shall be deemed to affect the
authorities or responsibilities of the Director of the Office of Management
and Budget, or any office or official thereof; or reassign any function
assigned any agency under the Federal Property and Administrative Services
Act of 1949, as amended; or under any other law; or any function vested
by law in the Federal Communications Commission.
Sec. 5. This Order shall be effective upon publication
in the Federal Register.
Ronald Reagan
The White House,
April 3, 1984.
[Filed with the Office of the Federal Register, 4:47 p.m., April 3,
1984]
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