Cryptography's Role In Securing The Information Society

                Appendix N   Continued

[N.2.3 commences p. 612.]
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             N.2.3 Executive Order 12472
   (Assignment of National Security and Emergency 
      Preparedness Telecommunications Functions)


     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:


Sec. 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 Director of the Office of
Science and Technology Policy and the Director of the Office of
Management and Budget in:

     (1) the exercise of the telecommunications functions and
     responsibilities set forth in Section 2 of this Order; and

     (2) the coordination of the planning for and provision of
     national security and emergency preparedness communications
     for the Federal government [613] 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:

     (1) 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;

     (2) Is capable of satisfying priority telecommunications
     requirements under all circumstances through use of
     commercial, government and privately owned
     telecommunications resources;

     (3) 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

     (4) Is consistent, to the maximum extent practicable, with
     other national telecommunications policies.


     (d) To assist in accomplishing its mission, the NCS shall:

     (1) serve as a focal point for joint industry-government
     national security and emergency preparedness
     telecommunications planning; and

     (2) 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 Defense is designated as the Executive
Agent for the NCS. The Executive Agent shall:

     (1) Designate the Manager of the NCS;

     (2) 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;

     (3) Ensure that the activities of the NCS are conducted in
     conjunction with the emergency management activities of the
     Federal Emergency Management Agency;

     (4) Recommend, in consultation with the NCS Committee of
     Principals, to the National 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;

     (5) Oversee the activities of and provide personnel and
     administrative support to the Manager of the NCS; [614]

     (6) Provide staff support and technical assistance to the
     National Security Telecommunications Advisory Committee
     established by Executive Order No. 12382, as amended; and

     (7) 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:

     (1) 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;

     (2) 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;

     (3) Provide comments or recommendations, as appropriate, to
     the National 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

     (4) Perform such other duties as are from time to time
     assigned by the President or his authorized designee.


     (g) The Manager of the NCS shall:

     (1) 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.

     (2) 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 [615] and
     the Federal Communications Commission, to the extent
     practicable or otherwise required by law or regulation;

     (3) Chair the NCS Committee of Principals and provide staff
     support and technical assistance thereto;

     (4) 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;

     (5) 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;

     (6) 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

     (7) 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.

     (1) 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).

     (2) 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.

     (1) The National 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 [616]

          b. Provide policy direction for the exercise of the
          President's non-wartime emergency telecommunications
          functions, should the President so instruct.

     (2) 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;

     (3) 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.

     (1) 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.

     (2) 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;

     (3) 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

     (4) The National 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 and the [617] Director of the Office of Science
and Technology Policy, in consultation with each other, shall:

     (1) Consult, as appropriate, with the Director of the Office
     of Management and Budget; the Director of the Federal
     Emergency Management Agency 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

     (2) 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 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:

     (1) Develop plans and procedures concerning radio spectrum
     assignments, priorities and allocations for use by Federal
     departments, agencies and entities; and

     (2) 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) Federal Emergency Management Agency. The Director of the
Federal Emergency Management Agency shall:

     (1) 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;

     (2) Advise and assist State and local governments and
     volunteer [618] 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;

     (3) 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

     (4) 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 Broadcast System, and advise and
     assist private radio licensees of the Commission in
     developing emergency communications plans, procedures and
     capabilities.


     (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 provision 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:

     (1) 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

     (2) 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.


     (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:

     (1) Review the policies, plans and procedures of all
     entities licensed or regulated by the Commission that are
     developed to provide national security [619] or emergency
     preparedness communications services, in order to ensure
     that such policies, plans and procedures are consistent with
     the public interest, convenience and necessity;

     (2) 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;

     (3) Develop policy, plans and procedures adequate to execute
     the responsibilities assigned in this Order under all
     conditions of crisis or emergency; and

     (4) 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:

     (1) Determine their national security and emergency
     preparedness telecommunications requirements, and provide
     information regarding such requirements to the Manager of
     the NCS;

     (2) 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;

     (3) 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;

     (4) Make information available to, and consult with, the
     Manager of the NCS regarding agency telecommunications
     activities in support of national security or emergency
     preparedness;

     (5) 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;

     (6) Submit reports annually, or as otherwise requested, to
     the Manager of the NCS, regarding agency national security
     or emergency preparedness telecommunications activities; and

     (7) 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 [620] of the Federal Emergency
Management Agency, 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,

     (1) 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;

     (2) The Presidential Memorandum of August 21,1963, as
     amended, entitled "Establishment of the National
     Communications System", is hereby superseded; and

     (3) 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.


[End N.2.3]
