Sec. 202.3  Plans preparation and execution.

    Federal authority, substantive provisions, and functional 
responsibilities of the executive office are summarized in the 
following:

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    (a) Wartime Emergency Functions. (1) The Assistant to the President 
for National Security Affairs (the National Security Advisor) shall 
provide general policy direction for the exercise of the war power 
functions of the President under section 706 of the Communications Act 
(47 U.S.C. 606), as amended, 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 706(a), (c)-(e) of the Communications Act (47 U.S.C. 606), 
as amended, 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 
Advisor shall:
    (i) 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 the 
law, during those crises or emergencies in which the exercise of the 
President's war power functions is not required or permitted by law.
    (ii) Provide policy oversight and direction of the activities of the 
NCS.
    (2) The Director of the Office of Science and Technology Policy 
shall:
    (i) 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.
    (ii) Establish a Joint Telecommunications Resources Board (JTRB) to 
assist the Director in providing 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.
    (c) Planning and Oversight Responsibilities. (1) The National 
Security Advisor shall advise and assist the President in:
    (i) Coordination and development of policy, plans, programs and 
standards for the mobilization and use of the Nation's commercial, 
government, and privately owned telecommunications resources to meet 
national security and emergency preparedness telecommunications 
requirements.
    (ii) Providing policy oversight and direction of the activities of 
the NCS; and
    (iii) Providing policy oversight and guidance for the execution of 
the responsibilities assigned to the Federal departments and agencies by 
Executive Order 12472.
    (2) The Director of the Office of Science and Technology Policy (or 
a designee) shall:
    (i) 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 and emergency preparedness telecommunications 
functions.
    (ii) 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 or crisis or emergency.
    (3) The National Security Advisor, 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.
    (4) The Director of the Office of Management and Budget, in 
consultation with the National Security Advisor and

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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.
    (d) Performance of essential government and public services during a 
national emergency, as defined in section 706 of the Communications Act 
(47 U.S.C. 606), as amended, will require a means for communications 
between government and the private sector, communications essential to 
operations of elements of the national economy, and communications for 
national defense and civil defense purposes. The needs of the private 
sector and those of government should be properly coordinated to ensure 
that responses to each of these communities of interest, government and 
private sector, are appropriately balanced. For this reason, with regard 
to wartime emergency functions, the Director, Office of Science and 
Technology Policy (OSTP), has delegated the responsibility for the 
private sector to the Chairman, Federal Communications Commission (FCC), 
and responsibility for the needs of government to the Executive Agent, 
National Communications System (NCS). A parity of level of authority of 
these officials is established. They will coordinate and negotiate 
telecommunications conflicts with respect to the allocation and use of 
the Nation's telecommunications resources, reporting to the Director on 
unresolved issues which are within the domain of their respective 
responsibilities and authorities.
    (e) In order to support the NS/EP 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 following functions shall be performed:
    (1) The Secretary of Commerce, for all conditions of crisis or 
emergency, shall:
    (i) Develop plans and procedures concerning radio spectrum 
assignments, priorities and allocations for use by Federal departments, 
agencies and entities; and
    (ii) Develop, maintain and publish policy, plans and procedures for 
the control and assignment of radio frequencies, including the authority 
to amend, modify or revoke such assignments, in those parts of the 
electromagnetic spectrum allocated to the Federal Government.
    (2) The Director of the Federal Emergency Management Agency shall:
    (i) 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.
    (ii) 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 NS/
EP telecommunications requirements.
    (iii) 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 
of and consistent with the planning of the Federal Government.
    (iv) 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.
    (v) Act as sponsor for State and local governments' requests for 
telecommunications service priority (TSP) in accordance with the Federal 
Communications Commissions regulations and with procedures in approved 
NCS issuances.
    (3) The Secretary of State, in accordance with assigned 
responsibilities within the Diplomatic Telecommunications Service, 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.

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This responsibility shall include the provision and operation of 
domestic telecommunications in support of assigned national security and 
emergency preparedness responsibilities.
    (4) The Secretary of Defense shall:
    (i) Plan for and provide, operate and maintain telecommunications 
services and facilities adequate to support the National Command 
Authorities and to execute responsibilities assigned by Executive Order 
12333, December 4, 1981 ( 46 FR 59941 ; 3 CFR, 1981 Comp., p. 200).
    (ii) 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.
    (iii) Provide protection for interstate or foreign communication as 
directed by the President when the public interest requires under 
section 706(b) of the Communications Act (47 U.S.C. 606(b)).
    (iv) In consultation with the Secretary of Transportation, develop 
policy, plans and procedures adequate to enable a transfer of control 
over radio stations in the Aviation Service and aboard vessels in the 
Maritime Service to the Department of Defense during a national 
emergency pursuant to Sec. 202.1(b)(3) of these regulations.
    (5) The Attorney General shall, as necessary, review for legal 
sufficiency, including consistency with the antitrust laws, all 
policies, plans or procedures developed pursuant to these regulations.
    (6) The Director, Central Intelligence Agency, shall plan for and 
provide, operate and maintain telecommunications services adequate to 
support the Agency's assigned responsibilities, including the 
dissemination of intelligence within the Federal government.
    (7) Except as otherwise assigned pursuant to these regulations, the 
Administrator of General Services shall ensure that Federally owned or 
managed domestic communications facilities and services meet the NS/EP 
requirements of Federal civilian departments, agencies and entities. The 
Administrator shall perform these responsibilities consistent with 
policy guidance of the Director of the Office of Management and Budget.
    (8) The Secretary of the Interior shall develop and execute 
emergency plans with respect to the administration of telecommunications 
activities in the territorial and trusteeship areas under the 
jurisdiction of the United States and within the responsibility 
previously assigned to him by appropriate laws and other authority.
    (9) The Federal Communications Commission, consistent with its 
statutory authority, shall:
    (i) Review the policies, plans and procedures of all entities 
licensed or regulated by the Commission that are developed to provide 
national security and emergency preparedness telecommunications services 
to ensure that such policies, plans and procedures are consistent with 
the public interest, convenience and necessity.
    (ii) 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.
    (iii) Develop policy, plans and procedures adequate to execute the 
responsibilities assigned pursuant to these regulations under all 
conditions of crisis or emergency.
    (iv) Consult as appropriate with authorized officials of the NCS to 
ensure continued coordination of their respective NCS activities.
    (10) The National Communications System (comprised of the Executive 
Agent for the NCS, the NCS Committee of Principals, and the Manager, 
NCS) shall assist the President, the Director of the Office of Science 
and Technology Policy, National Security Advisor and

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the Director of the Office of Management and Budget in the exercise of 
national security and emergency preparedness telecommunications 
functions and responsibilities and in 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.
    (11) The Executive Agent for the NCS shall:
    (i) 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 needs of the Federal 
government.
    (ii) Ensure that the activities of the NCS are conducted in 
conjunction with the emergency management activities of the Federal 
Emergency Management Agency.
    (12) The Manager, NCS shall:
    (i) 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 and emergency preparedness telecommunications 
requirements.
    (E) Alternative mechanisms for funding, through the budget review 
process, NS/EP 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 Executive Office of the President.
    (ii) Implement and administer any approved plans or programs as 
assigned, including any system of priorities and preferences for the 
provision of telecommunications 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.
    (iii) Implement, with the assistance of appropriate Federal 
agencies, a decentralized National Telecommunications Management 
Structure (NTMS) capable of functioning independently in support of 
appropriate authority within the terms and guidelines delineated in the 
White House approved Implementation Concept.
    (iv) 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 and emergency preparedness telecommunications objectives.
    (v) Develop an NCS Issuance System of official documents to 
implement, establish, guide, describe or explain organizational 
responsibilities, authorities, policies and procedures.
    (13) The NCS Committee of Principals shall:
    (i) 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 and emergency 
preparedness telecommunications programs of the NCS and the entities 
represented on the Committee.
    (ii) 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 and 
emergency preparedness telecommunications objectives.

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    (iii) 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.
    (14) All Federal departments and agencies shall:
    (i) Prepare policies, plans and procedures concerning 
telecommunications facilities, services, or equipment under their 
management or operational control to maximize their capability to 
respond to the national security and emergency preparedness needs of the 
Federal Government. Such plans will be prepared, and the operations will 
be executed, in conjunction with the emergency management activities of 
the Federal Emergency Management Agency, and in regular consultation 
with the Executive Agent for the NCS and the NCS Committee of 
Principals.
    (ii) 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 regulation, furnishing them such information, support and 
assistance as may be required.